Administrative Commission of the European Communities on social security for migrant workers - Decision no 200 of 15 December 2004 concerning the methods of operation and the composition of the Technical Commission on Data Processing of the Administrative Commission on Social Security for Migrant WorkersText with EEA relevance
Date: 2004-12-15
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: administrative cooperation, information processing, information technology, migrant worker, social security, specialised committee, telematics

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Official Journal of the European Union

23.4.2005

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY
FOR MIGRANT WORKERS

DECISION No 200

of 15 December 2004

concerning the methods of operation and the composition of the Technical Commission on Data
Processing of the Administrative Commission on Social Security for Migrant Workers

(Text with EEA relevance)

(2005/324/EC)

THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR
MIGRANT WORKERS,

HAS DECIDED AS FOLLOWS:

Community (1),

Having regard to Article 81(d) of Council Regulation (EEC) No
1408/71 of 14 June 1971 on the application of social security
schemes to employed persons and their families moving within
the
Administrative
under which
Commission shall
foster and develop cooperation between
Member States by modernising procedures for the exchange
of information, in particular by adapting the information flow
between institutions for the purpose of
telematic exchange,
taking account of the development of data processing in each
Member State, with a view to expediting the award of benefits;

the

Having regard to Article 117c(1) of Council Regulation (EEC)
No 574/72 fixing the procedure for implementing Regulation
(EEC) No 1408/71 of 14 June 1971 on the application of social
security schemes
families
moving within the Community (2), under which the Adminis-
trative Commission shall set up and determine the methods of
operation and composition of a Technical Commission, which
shall, pursuant to Articles 117, 117a and 117b, deliver reports
and a reasoned opinion before decisions are taken;

to employed persons and their

Taking account of the consequences of the enlargement of the
European Union on 1 May 2004 on the functioning of the
Technical Commission,

(1) OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation
(EC) No 631/2004 of the European Parliament and of the Council
(OJ L 100, 6.4.2004, p. 1).

(2) OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Regulation

(EC) No 631/2004.

Article 1

1.
The Administrative Commission on Social Security for
Migrant Workers sets up the Technical Commission on Data
Processing provided for in Article 117c(1) of Regulation (EEC)
No 574/72. It shall be called ‘the Technical Commission’.

The Technical Commission shall have the functions laid

2.
down in Article 117c(2) of Regulation (EEC) No 574/72.

3.
the
The mandate with regard to the specific tasks of
Technical Commission shall be set by the Administrative
Commission on Social Security for Migrant Workers, who
may modify these tasks as required.

Article 2

The Technical Commission shall adopt its reports and reasoned
opinions where necessary on the basis of technical documents
and studies. It can request from national administrations any
information it deems necessary for appropriate accomplishment
of its tasks.

Article 3

1.
two
The Technical Commission shall be composed of
members from each Member State, one of whom shall be
nominated as the standing member, with the other designated
as his deputy. The nominations from each Member State shall
be forwarded to the Secretary-General of the Administrative
Commission by
the
government
Member State on the Administrative Commission.

representative

the

for

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Reports and reasoned opinions shall be adopted by simple
2.
majority of all members of the Technical Commission, each
Member State having a single vote that shall be cast by the
in his absence by his deputy. The
standing member or
the Technical Commission
reports or reasoned opinions of
must indicate whether they were reached unanimously or by
simple majority. They must, should there be a minority, set out
conclusions or reservations of the minority.

A representative of

the European
3.
Communities or a person designated by him shall act in a
consultative capacity within the Technical Commission.

the Commission of

year, to the Administrative Commission, on its activities and
achievements in relation to the work programme and with
any proposals for amending it.

Article 8

Any proposed action of the Technical Commission involving
expenses to be borne by the Commission of the European
Communities is subject to the approval of the representative
of that institution.

Article 4

Article 9

The office of Chairman of the Technical Commission shall be
held each half-year by either the standing member or another
designated official belonging to the State whose representative
on the Administrative Commission holds the office of Chairman
of that Commission for the same period. The Chairman of the
the
Technical Commission shall report on the activities of
Technical Commission as required by the Chairman of
the
Administrative Commission.

Article 5

The Technical Commission may set up ad hoc working groups
to consider specific issues. The Technical Commission shall
describe the tasks to be taken forward by such working
groups, the timetable for completion of those tasks and the
financial
its action in the work programme
mentioned in Article 7.

implications of

Article 6

The Secretariat of the Administrative Commission shall prepare
and organise the meetings of the Technical Commission and
draw up the minutes thereof.

The languages of the Technical Commission shall be the same
as those recognised as official
languages of the Community
institutions in accordance with the Article 290 of the Treaty
establishing the European Community.

Article 10

The supplementary rules laid down in the attached Annex shall
also apply to the Technical Commission.

Article 11

This Decision shall replace the Decision No 169 of the Admin-
istrative Commission (1).

Article 12

This decision shall be published in the Official
European Union.

Journal of the

Article 7

It shall apply from 1 March 2005.

The Technical Commission shall
submit a detailed work
its
programme
approval. The Technical Commission shall also report each

the Administrative Commission for

to

The Chairman of the Administrative Commission

C.-J. VAN DEN BERG

(1) OJ L 195, 11.7.1998, p. 46.

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ANNEX

SUPPLEMENTARY RULES OF THE TECHNICAL COMMISSION

1. Attendance at meetings

(a) If the Chairman in office is prevented from attending a meeting of the Technical Commission, his deputy shall act as

chairman.

(b) Members may be accompanied at the meetings of the Technical Commission by one or more additional experts where
this is necessary because of the nature of the subjects to be dealt with. Each delegation may, as a rule, consist of not
more than four persons.

(c) The representative of the Commission of the European Communities or a member of the Secretariat or any other
person designated by the Secretary-General of the Administrative Commission shall attend all meetings of the
Technical Commission or its adhoc working groups. Those meetings may furthermore be attended, where this is
relevant to the question to be dealt with, by a representative of other departments of the Commission of the European
Communities.

2. Voting

(a) When a standing member of the Technical Commission holds the office of Chairman, his deputy shall vote in his

place.

(b) Any member present when a vote is taken who abstains from voting shall be invited by the chairman to state his

reasons for abstaining.

(c) When the majority of members present abstain, the proposal put to the vote shall be considered as not having been

taken into consideration.

3. Agenda

(a) The provisional agenda of each meeting of the Technical Commission shall be drawn up by the Secretariat in
consultation with the chairman of the Technical Commission. Before proposing to include an item in the agenda,
the Secretariat may, where this appears necessary, ask the delegations concerned to make their views on this question
known in writing.

(b) The provisional agenda shall, in principle, comprise items for which a request submitted by a member or by the
representative of the Commission of the European Communities and, where appropriate, notes relating to it have
been received by the Secretariat at least 20 working days before the beginning of the meeting.

(c) The provisional agenda shall be sent at least 10 working days before the beginning of each meeting to the members
of the Technical Commission, the representative of the Commission of the European Communities, and any other
person expected to be attending the meeting. The documents relating to the items on the agenda shall be sent to them
as soon as they are available.

(d) At the beginning of each meeting the Technical Commission shall approve the agenda of the meeting. A unanimous
vote of the Technical Commission is required for the inclusion in the agenda of any items other than those appearing
on the provisional agenda. Except in cases of urgency, members of the Technical Commission may reserve their final
position until the following meeting with regard to items appearing on the provisional agenda for which they have
not received the relevant documents in their own language five working days before the beginning of the meeting.

4. Ad hoc working groups

(a) Ad hoc working groups shall be presided over by an expert designated by the Chairman of the Technical Commission
in consultation with the representative of the Commission of the European Communities or, failing this, by an expert
representing the State whose representative on the Administrative Commission holds the office of Chairman of that
Commission.

(b) The chairman of the ad hoc working group shall be summoned to the meeting of the Technical Commission in the

course of which the report of that ad hoc working group is discussed.

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5. Administrative matters

(a) The Chairman of the Technical Commission may give the Secretariat any instructions for meetings to be held and for

the performance of activities that are within the scope of the functions of the Technical Commission.

(b) The Technical Commission shall be convened by a letter of convocation sent to the members and the representative
of the Commission of the European Communities 10 working days before the meeting by the Secretariat in
consultation with the Chairman of the Technical Commission.

(c) Minutes are to be recorded for each meeting and are, in principle, to be approved at the following meeting.