Key Benefits:
The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity, the Minister of Health, Family and Persons with Disabilities and the Minister of Economy, Finance and Industry,
Considering the Social Security Code, including Article L. 767-1;
Considering the rural code;
Considering the Act of 10 August 1922 on the organization of control of expenses incurred;
In view of Decree No. 99-575 of 8 July 1999 on the modalities for approval of certain financial decisions of State public institutions;
Considering the opinion of the National Health Insurance Fund for Employees of 9 July 2002;
Considering the opinion of the National Old Age Insurance Fund of 2 October 2002;
Considering the opinion of the National Family Allowance Fund of 8 October 2002;
The State Council (Social Section) heard,
Decrete:
In the statutory section of the Social Security Code and the existing non-codified regulations, the words: "Social Security Centre for Migrant Workers" are replaced by the words: "European and International Social Security Liaison Centre".
The provisions of Article R. 767-1 of the Social Security Code are replaced by the following:
"Art. R. 767-1. - The European and International Social Security Liaison Centre is under the supervision of the Minister for Social Security, the Minister for Agriculture and the Minister for Budget. »
Article R. 767-2 is as follows:
"Art. R. 767-2. - I. - The European and International Social Security Liaison Centre is responsible for:
« 1° To carry out, for all French social security institutions concerned, with foreign institutions and other relevant institutions, the monitoring and settlement of claims and debts, with the exception of those relating to unemployment benefits, arising from the application of the European Community regulations, international social security agreements and coordination agreements with the regimes of the French territorial authorities and territories with their autonomy in the field of social security.
« 2° To establish, in conjunction with the French social security institutions concerned, the directories relating to the beneficiaries of the French regimes temporarily residing or residing abroad or in the above-mentioned territorial or territorial authorities, necessary to carry out the management operations referred to in 1° above.
« 3° Collect statistical and accounting data on the implementation of European Community regulations, international social security agreements and other coordination agreements, and prepare an annual report;
« 4° To provide the relevant ministerial authorities with the elements to clear the accounts between French social security agencies and their foreign counterparts and other relevant institutions;
« 5° Instruct and treat, under the conditions provided by the regulations of the European Community, international social security agreements and other coordination agreements, requests relating to the exceptional maintenance or extension of the maintenance of the French social security regimes of persons working outside France or in the above-mentioned territorial or territorial communities, or requests relating to the exemption from affiliation to these regimes of persons exercising their activity in French territory.
“II. - The centre is also responsible:
« 1° To assist, if necessary, the relevant social security institutions for the investigation of the files of persons under the European Community regulations, international social security agreements or other coordination agreements;
« 2° Respond to requests for information made by, inter alia, insurers or companies in their area of competence;
« 3° To provide, if necessary, technical support to the Ministry of Social Security in the field of European and international relations and to the Ministry of Foreign Affairs in the context of its work in the field of social protection for French citizens living abroad;
« 4° To carry out, at the request of French agencies, the translation of the files written in a foreign language addressed to them;
« 5° To keep up-to-date documentation on legislation relating to the social protection of foreign States;
« 6° Establish and communicate to users or organizations upon request the texts and documents relating to European Community regulations and social security coordination agreements;
« 7° To carry out, in the field of social security, any other tasks entrusted to it with regard to persons covered by the regulations of the European Community, international agreements and other coordination agreements, as well as technical cooperation with foreign States. »
Article R. 767-3 of the same code is as follows:
"Art. R. 767-3. - Guardianship ministers can conclude with the centre of European and international social security connections a convention of objectives and management that includes the mutual commitments of the signatories".
Article R. 767-4 of the same code is as follows:
"Art. R. 767-4. - I. - The European and International Social Security Liaison Centre is administered by a board of directors which includes seven members:
« 1° The President, a member of the Council of State, the Court of Accounts, the General Inspection of Finance or the General Inspection of Social Affairs, appointed for a period of three years renewable, by joint order of the Minister for Social Security, the Minister for Agriculture and the Minister for Budget;
« 2° A representative of the National Health Insurance Fund for Employees;
« 3° A representative of the National Family Allowance Fund;
« 4° A representative of the National Fund for Old Age Insurance of Employees;
« 5° A representative of the Central Agency of Social Security Agencies;
« 6° A representative of the National Autonomous Fund for Social Security in Mines;
« 7° A representative of the Central Fund for Agricultural Social Community.
“II. - Also participate in the sessions of the Board of Directors with advisory voice:
« 1° A representative of the compensation fund of the National Autonomous Organization of Industrial and Commercial Professions;
« 2° A representative of the National Autonomous Fund for Compensation for the Old Age Insurance of Craft Professions;
« 3° A representative of the National Health Insurance Fund for Non-Agricultural Workers;
« 4° A representative of the Minister for Foreign Affairs;
« 5° A representative of the centre ' s staff, elected for three years under conditions established by a decree of the Minister for Social Security.
"III. - The members of the board of directors mentioned in 2° to 7° of I and 1° to 3° of II above, as well as, for each of them, an alternate, shall be designated for a period of three years renewable by deliberation of the boards of directors of the bodies they represent.
"IV. - Government Commissioners, representatives of the Minister for Social Security, the Minister for Agriculture and the Minister for Budget, attend the meetings of the Board of Directors and are heard whenever they so request. »
The 2°, 3°, 4° and 5° of the article R. 767-5 of the same code are thus written:
« 2° The conditions for the implementation of the missions provided for in Article R. 767-2;
« 3° Multi-year objectives that can take the form of a convention of objectives and management;
« 4° The annual activity report presented by the Director;
« 5° Acceptance of donations and bequests. »
I. - In the third paragraph of Article R. 767-6 of the same Code, the words: " Subject to the provisions of Article R. 767-12," are deleted and the words: "The deliberations of the board of directors" are supplemented by the words: "including those relating to the budget of the institution and its amended decisions, the amount of advances to be made on contributions to the French social security plans,
II. - After the penultimate paragraph of section R. 767-6 of the said code, the following paragraph shall be inserted:
"The Board of Directors' deliberations on the acquisitions, exchanges and disposals of buildings are binding only after express approval by the above-mentioned Ministers. »
In article R. 767-7 of the same code, after the last paragraph, an 8° is added as follows:
« 8° It signs the authorizations resulting from the application of the 5th I of Article R. 767-2. »
Section R. 767-8 of the same code is amended to read:
I. - After 1°, it is added a 2° as follows:
« 2° The Secretary General appointed by the Director; »
II. - The 2°, 3°, 4° respectively become the 3°, 4°, 5°.
III. - After 5°, it is added a 6° as follows:
« 6° Private rights officers governed by collective agreements applicable to staff of social security organizations; »
I. - The second sentence of the first paragraph of section R. 767-9 of the said Code is replaced by the following provisions: "The transactions carried out under section R. 767-2 1° shall be traced by the accounting officer in the light of summary evidence. The Centre retains the supporting documentation of these operations and makes periodic financial adjustments with the national levels of French social security agencies. »
II. - The second sentence of the second paragraph is replaced by the following:
"A joint decision of the ministers responsible for the budget, social security and agriculture sets out the special procedures for carrying out this control. »
I. - The 1st and 2nd of Article R. 767-10 of the said Code are replaced by the following provisions:
« 1° The annual contributions supported by the French regimes referred to in the last paragraph of Article L. 767-1 whose distribution key, calculated on a pro rata basis from the operations carried out by the centre under each regime, shall be determined by a joint decree of the ministers responsible for social security, agriculture and budget.
« 2° The participation of the European Community and all grants related to the missions of the centre; »
II. - The 3° is deleted and the 4° and 5° respectively become the 3° and 4°.
Section R. 767-12 is repealed and section R. 767-13 becomes section R. 767-12.
The Minister of Social Affairs, Labour and Solidarity, the Minister of Foreign Affairs, the Minister of Economy, Finance and Industry, the Minister of Health, Family and Persons with Disabilities, the Minister of Agriculture, Food, Fisheries and Rural Affairs, and the Minister Delegate for Budget and Budget Reform are responsible, each with respect to it, for the execution of this Official Gazette, which will be published in the French Republic.
Done in Paris, December 24, 2002.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Health, Family
and persons with disabilities,
Jean-François Mattei
Minister of Social Affairs,
and solidarity,
François Fillon
Minister of Foreign Affairs,
Dominique de Villepin
Minister of Economy,
finance and industry,
Francis Mer
Minister of Agriculture, Food,
and Rural Affairs,
Hervé Gaymard
Minister for Budget
and budgetary reform,
Alain Lambert
