Decree No. 2002 - 1568 24 December 2002 On At The Centre Of European And International Social Security And Amending Links Social Security Code Second Part: Decrees In Council Of State)

Original Language Title: Décret n° 2002-1568 du 24 décembre 2002 relatif au centre des liaisons européennes et internationales de sécurité sociale et modifiant le code de la sécurité sociale (deuxième partie : Décrets en Conseil d'Etat)

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Summary the evolution of the missions entrusted to the center of social security for migrant workers, became "centre links European and international social security", in application of art. 39 of Act 2002-73 of 17-01 - 2002 concerning social modernization, which has amended art. L. 767-1 of the code of social security and the concern of the administrations of guardianship to allow this institution to improve its mode of operation require self amended on several points the provisions regulations of the said code on both the scope of its powers with the relations it maintains with its supervisory authorities and the composition of its Board of Directors. The missions of the institution are redefined to art. R. 767-2 of the said code. Thus, reference, is made with regard to the implementation of agreements on social security coordination, the liaison body role played by the centre both vis à vis foreign partners than screws to screw the communities and french territories with autonomy in this area. This Decree also mentioned among the new tasks entrusted to the institution, decisions special permissions (or renewal) 'secondment' of workers, that is to say the possibility for these to remain attached to the social security system of the country of origin, in the case of temporary expatriation. To enable the definition of multiannual objectives, this Decree provides the possibility of establishing a convention of objectives and management between the institution and its authorities to the art. R.767 - 3 of the code so that, at the same time, the deliberations of the Board of Directors approval procedures are simplified, with greater reliance on the tacit agreement, including for approval of financial documents (art. R.767-6). Furthermore, the establishment now receives the opportunity to recruit agents of social security funds, pursuant to the combined provisions of art. L. 767-l of the said code and art. R.767 - 8 provided for in this Decree. Finally this order clarifies the role of guardianship authorities in putting an end to the situation ambiguous of their representatives on the Board of Directors which they are full members, while being also responsible for performing ex-post accountability for the exercise of the powers of guardianship. It is therefore expected that the representatives of the ministries of social security, the budget, and agriculture attend Council as a simple Government (art Commissioners R. 767-4).
Keywords health, social security, the social security CODE, social security CENTRE, INSTITUTION française, INSTITUTION ÉTRANGÈRE, CENTRE of links European and international, organization, COMPOSITION, functioning, MISSION, implementation JORF n ° 303 of December 29, 2002 page 21958 text no. 30 Decree No. 2002-1568 24 December 2002 on at the centre of European and international social and amending security links code second social security part (: Decrees in Council of State) NOR: SANS0223923D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/SANS0223923D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/2002-1568/jo/texte Prime Minister, on the report of the Minister of Social Affairs, labour and solidarity, the Minister of health, family and disabled persons and the Minister of the economy Finance and industry, having regard to the code of social security, notably article L. 767 - 1;
Seeing the rural code;
Having regard to the Act of August 10, 1922 to the Organization of the control of expenditure incurred;
Considering Decree No. 99 - 575 of 8 July 1999 on the procedures for approval of certain financial decisions of the public institutions of the State;
Having regard to the opinion of the Caisse nationale of the health insurance of employees of July 9, 2002;
Having regard to the opinion of the national old age insurance fund of 2 October 2002;
Having regard to the opinion of the National Fund of family allowances of October 8, 2002;
The Council of State (social section) heard, enacts as follows: Article 1 more on this article...

In the regulatory part of the social security code and the regulatory provisions in force non-codified, the words: "centre of social security for migrant workers" shall be replaced by the words: 'links European and international social security centre.


Article 2 more on this article...

The provisions of article R. 767 - 1 of the social security code are replaced by the following: «art.» R. 767-1. -The centre of European and international social security links is placed under the supervision of the Minister of social security, the Minister in charge of agriculture and the Minister responsible for the budget. ' Article 3 more on this article...

Article R. 767 - 2 reads as follows: «art.» R. 767-2. -I. - centre links European and international social security missions is: "1 ° for all institutions Françaises de social security concerned, with foreign institutions and other institutions concerned, to the monitoring and regulation of claims and debts, with the exception of those relating to unemployment benefits, arising from the application of the regulations of the Community European. international agreements of social security and the coordination agreements with local authorities and the french territories regimes having their autonomy in social security.
2 ° to establish, in conjunction with institutions Françaises de concerned social security, the registries of the beneficiaries of the french plans temporarily staying or residing abroad or in local territorial or territories mentioned above, necessary to perform the management mentioned in the 1 ° above.
«3 ° collect statistical and accounting data on the implementation of the regulations of the European Community, of the international social security agreements and other coordination agreements, and to establish an annual report;
«4 ° to provide to the competent ministerial authorities to clear the accounts between french social security agencies and their foreign counterparts as well as with other institutions concerned;
"5 ° to educate and treat, as provided for by the regulations of the Community European, international social security agreements and other coordination agreements, requests relating to the exceptional maintenance or the extension of the peacekeeping plans french social security for people working outside France or in the local authorities or supra territories, or requests for exemption from affiliation to the schemes of persons carrying on business on the french territory. ''
"II. the centre is also responsible:" 1 ° to assist, if necessary, the competent social security institutions for the investigation of the cases of persons covered by the regulations of the European Community, of the international agreements of social security or other coordination agreements;
2 ° to respond to requests for information made by the insured persons or companies in its field of competence;
«3 ° to provide, if necessary, technical support to the Ministry of social security in the field of European relations and international and to the Ministry of Foreign Affairs in the context of the efforts in the field of welfare for the French installed abroad;
«4 ° undertake, at the request of french agencies, to the translation of the files written in a foreign language addressed to them;
«5 ° maintain documentation on the legislation relating to the social protection of foreign States;
«6 ° to establish and communicate to users or organizations that request the texts and documents relating to the regulations of the European Community and to social security coordination agreements;
"7 ° to carry out, in the field of social security, all other tasks that would be entrusted to him concerning persons covered by the regulations of the European Community, international agreements and other agreements for coordination and technical cooperation with foreign States. ''


Article 4 more on this article...

Article R. 767 - 3 of the code reads as follows: «art.» R. 767-3. -The responsible ministers may conclude a convention of objectives and management with the centre of European and international social security links with the mutual commitments of the signatories.


Article 5 read more on this article...

Article R. 767 - 4 of the code reads as follows: «art.» R. 767-4. -I. - centre links European and international social security is administered by a Board of directors consisting of seven members: "1st president, Member of the Council of State, the Court of Auditors, the General Inspectorate of finance or of the General Inspectorate of Social Affairs, appointed for a term of three years renewable by joint of the Minister responsible for the social security decree the Minister responsible for agriculture and the Minister of the budget;
2 ° a representative of the national health insurance fund for employed persons;
«3 ° a representative of the National Fund of family allowances;
«4 ° a representative of the national old-age insurance fund for employed persons;

«5 ° a representative of the Central Agency for social security bodies;
«6 ° a representative of the Autonomous National Fund of social security in the mines;
«7 ° a representative of Caisse centrale de la Mutualité social farm.
«II. - also participate in the meetings of the Board of Directors in an Advisory: "1 ° a representative of the compensation of the national autonomous organization of industrial and commercial occupations;
2 ° a representative of the national independent old-age insurance compensation fund of artisanal occupations;
«3 ° a representative of the national insurance sickness and maternity insurance for the self-employed Fund's non-agricultural professions;
«4 ° a representative of the Minister for Foreign Affairs;
"5 ° a representative of the centre's staff, elected for three years under conditions fixed by Decree of the Minister responsible for social security.
"III. - members of the Board of Directors mentioned in the 2 ° to 7 ° of the I and 1 ° to 3 ° of II above, as well as, for each of them, an alternate, are appointed for a renewable term of three years by decision of the boards of Directors of the organizations they represent.
"IV. - the Government Commissioners, representatives of the Minister in charge of social security, the Minister in charge of agriculture and the Minister in charge of the budget, attend meetings of the Board of Directors and are heard whenever they ask."


Article 6 read more on this article...

2 °, 3 °, 4 ° and 5 ° of article R. 767 - 5 of the code read as follows: «2 ° the conditions of implementation of the planned missions in article R. 767 - 2;
«3 ° the multi-annual objectives which may take the form of a convention of objectives and management;
«4 ° the annual activity report submitted by the Director;
"(5) the acceptance of donations and bequests."


Article 7 read more on this article...

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,» shall be deleted and the words: 'The deliberations of the Board of Directors' shall be supplemented by the words:"including those relating to the budget of the institution and its amending decisions, the amount of advances credited to contributions paid by french social security schemes. the financial account and the amount of final entries of the french social security schemes".
II. - The penultimate paragraph of article R. 767 - 6 of the code is inserted after the following subparagraph: "the deliberations of the Board of Directors relating to acquisitions, exchanges and dispositions of real property are enforceable only after express approval by the above Ministers."


Article 8 more on this article...

Article R. 767 - 7 of the same code, it is added after the final paragraph, an 8 ° worded as follows: «8 ° he signed authorizations resulting from the application of 5 ° of the I of article R. 767 - 2.»


Article 9 read more on this article...

Article R. 767 - 8 of the same code is amended as follows: i. - after 1st, is added a 2 ° as follows: "2 ° the Secretary general appointed by the Director;"
II. - 2 °, 3 °, 4 ° become respectively 3 °, 4 °, 5 °.
III. - 5 °, it is added after a 6 ° as follows: "6 ° of the agents of private rights governed by the collective agreements applying to the staff of social security agencies;"


Article 10 more on this article...

I. - The second sentence of the first subparagraph of article R. 767 - 9 of the code is replaced by the following: "operations carried out pursuant to 1 ° of the I of article R. 767 - 2 are traced by the accounting officer, in the light of evidence summary. The centre retains exhibits these operations and national levels of the french social security bodies to undertake periodic financial adjustments. "II. - the second sentence of the second subparagraph is replaced by the following: 'a joint of Ministers responsible for the budget, social security and agriculture fixed detailed rules for exercise of this control. ' Article 11 more on this article...

I. - 1 ° and 2 ° of article R. 767 - 10 of the code shall be replaced by the following: "1 ° annual contributions supported french plans referred to in the last paragraph of article L. 767 - 1 including the distribution key, prorated loads of management attributable to operations carried out by the centre in respect of persons covered by each plan. is determined by a joint order of Ministers responsible for social security, agriculture and the budget.
«2 ° participation of the European Community as well as all grants related to the missions of the centre;
II. - 3 ° is removed and 4 ° and 5 ° become 3 ° and 4 °, respectively.


Article 12 read more on this article...

Article R. 767 - 12 is repealed and article R. 767 - 13 becomes article R. 767 - 12.


Article 13 read more on this article...

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 disabled persons, the Minister of agriculture, food, from fishing and Rural Affairs and Minister delegate for the budget and budget reform are responsible , each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on December 24, 2002.
Jean-Pierre Raffarin by the Prime Minister: the Minister of health, family and disabled persons, Jean-François Mattei the Minister of Social Affairs, labour and solidarity, François Fillon Minister of Foreign Affairs, Dominique de Villepin Minister for the economy, finances and industry Francis Mer the Minister of agriculture, food, from fishing and Rural Affairs Hervé Gaymard Minister delegate for the budget and budget reform, Alain Lambert

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