Key Benefits:
Original text
(State on 19 April 2005)
The member states of the Council of Europe, signatories to this Code,
Whereas the aim of the Council of Europe is to achieve a closer union among its Members, in order, in particular, to promote their social progress;
Whereas one of the objectives of the Council of Europe's social programme is to encourage all Members to further develop their social security systems;
Recognising the desirability of harmonising the social burdens of the Member States;
Convinced that it is desirable to establish a European Code of Social Security at a higher level than the minimum standard set out in the International Labour Convention n O 102 1 Concerning the minimum standard of social security,
Agreed upon the following provisions which were developed with the cooperation of the International Labour Office:
For the purposes of this Code:
2. For the purposes of s. 10, 34 and 49, the term "benefits" means either care provided directly or indirect benefits consisting of a reimbursement of the costs incurred by the person concerned.
1. Any Contracting Party shall apply:
2. The condition of para. (b) the preceding paragraph may be deemed to be satisfied when:
3. Any signatory wishing to benefit from para. (b) du par. 2 of this Article shall submit an application to that effect in the report to be submitted to the Secretary General in accordance with the provisions of Art. 78. The committee, based on the principle of cost equivalence, will establish rules to coordinate and specify the conditions under which the provisions of para. (b) du par. 2 of this article. In each case, these provisions may be taken into account only with the approval of the Committee, acting by a two-thirds majority.
Any Contracting Party shall specify in its instrument of ratification those of Parts II to X for which it accepts the obligations under this Code and also indicate whether, and to what extent, it makes use of the provisions of the By. 2 of the art. 2.
1. Any Contracting Party may subsequently notify the Secretary General that it accepts the obligations under this Code, in respect of one of Parts II to X that have not already been specified in its ratification, or Of them.
2. The commitments set out in s. 1 of this Article shall be deemed to be an integral part of the ratification and shall bear identical effects as from the date of their notification.
Where, for the purposes of applying any of Parts II to X of this Code referred to in its ratification, a Contracting Party shall be required to protect prescribed classes of persons forming a total of at least a specified percentage of the Employees or residents, this Contracting Party must ensure, before committing to apply that part, that the percentage in question is reached.
In order to apply Parts II, III, IV, V, VIII (as regards medical care), IX or X of this Code, a Contracting Party may take into account the protection resulting from insurance which, under national law, is not Not mandatory for protected persons, when such insurance:
Any Contracting Party in respect of which this Part of the Code is in force shall guarantee the granting of benefits to protected persons where their condition requires preventive or curative medical care, in accordance with Of the said part.
The possibility covered must include any morbid conditions, regardless of cause, pregnancy, delivery and follow-up.
Protected persons must include:
1. Benefits must include at least:
2. The beneficiary or his/her family support may be required to participate in the costs of medical care received in the event of a morbid condition; the rules on such participation shall be established in such a way that they do not cause too much burden Heavy.
3. The benefits provided in accordance with this Article shall aim to preserve, restore or improve the health of the protected person, as well as his ability to work and to cope with his or her personal needs.
4. Government departments or institutions awarding benefits shall encourage protected persons, by all means which may be considered appropriate, to use the general health services available to them By public authorities or by other bodies recognised by the public authorities.
The benefits referred to in s. 10 must, in the event covered, be guaranteed at least to protected persons who have performed or whose family support has completed an internship that can be considered necessary to prevent abuse.
The benefits referred to in s. 10 must be granted for the duration of the contingency, with this exception that in the case of a morbid condition the duration of the benefits may be limited to 26 weeks per case; however, medical benefits cannot be suspended As long as a sickness benefit is paid and provisions must be made to raise the above limit for diseases provided for under national legislation for which it is recognised that long-term care is Necessary.
Any Contracting Party for which this Part of the Code is in force shall ensure that protected persons are awarded sickness benefits in accordance with the following articles of the said Party.
The possibility covered must include the incapacity for work resulting from a morbid condition and resulting in the suspension of the gain as defined by the national legislation.
Protected persons must include:
1. Where the categories of employees or categories of the labour force are protected, the benefit will be a periodic payment calculated in accordance with the provisions of Art. 65, or art. 66.
2. Where all residents whose resources during the event do not exceed prescribed limits are protected, the benefit will be a periodic payment calculated in accordance with the provisions of s. 67. A prescribed benefit must, however, be guaranteed, without a condition of resources, to the classes defined in accordance with either para. (a), or para. (b) s. 15.
The benefit referred to in s. 16 must, in the event covered, be guaranteed at least to protected persons who have completed an internship that can be considered necessary to prevent abuse.
The benefit referred to in s. 16 shall be granted for the duration of the contingency, provided that the duration of the benefit may be limited to 26 weeks per illness, with the possibility of not serving the benefit for the first three days of suspension Of gain.
Any Contracting Party for which this Part of the Code is in force shall ensure that protected persons are granted unemployment benefits in accordance with the following articles of that Party.
The possibility covered must include the suspension of the gain-as defined by the national legislation-due to the impossibility of obtaining suitable employment in the case of a protected person who is capable of working and available For the job.
Protected persons must include:
1. Where categories of employees are protected, the benefit will be a periodic payment calculated in accordance with the provisions of Art. 65, or art. 66.
2. Where all residents whose resources during the event do not exceed prescribed limits are protected, the benefit will be a periodic payment calculated in accordance with the provisions of s. 67. A prescribed benefit must, however, be guaranteed, without condition of resources, to the classes defined in accordance with para. (a) s. 21.
The benefit referred to in s. 22 must, in the event covered, be guaranteed at least to protected persons who have completed an internship that can be considered necessary to prevent abuse.
1. The benefit referred to in s. 22 must be granted for the duration of the contingency, with this exception that the duration of the benefit may be limited:
2. In the event that the duration of the benefit is staggered, under the national legislation, depending on the duration of the contribution or the benefits previously received within a prescribed period, the provisions of s. 1 of this section shall be deemed to be satisfied if the average duration of the benefit is at least 13 weeks in a 12-month period.
3. The benefit may not be paid during a waiting period fixed for the first seven days in each case of suspension of the gain, counting the days of unemployment before and after temporary employment not exceeding a prescribed period of time as Part of the same case of suspension of the gain.
4. In the case of seasonal workers, the duration of the benefit and the waiting period may be adapted to the conditions of employment.
Any Contracting Party in respect of which this Part of the Code is in force shall guarantee to protected persons the provision of old-age benefits in accordance with the following articles of that Part.
1. The possibility of coverage will survive beyond a prescribed age.
2. The prescribed age shall not exceed sixty-five years. However, a higher age may be prescribed on the condition that the number of residents who have reached that age is not less than 10 % of the total number of residents over fifteen years of age who have not reached the age at issue.
3. National legislation may suspend benefits if the person who would have been entitled to it has certain prescribed paid activities, or may reduce contributory benefits where the beneficiary's gain exceeds a prescribed amount, And non-contributory benefits when the beneficiary's gain or other resources, or both together, exceed a prescribed amount.
Protected persons must understand.
The benefit will be a periodic payment calculated as follows:
1. The benefit referred to in s. 28 shall, in the event covered, be guaranteed at least:
2. Where the assignment of the benefit referred to in s. 1 of this Article is subject to the completion of a minimum period of contribution or employment, a reduced benefit must be guaranteed at least:
3. The provisions of s. 1 of this Article shall be deemed to be satisfied where a benefit calculated in accordance with Part XI, but by a percentage less than 10 units to that indicated in the table annexed to that part for the Benefit-type, is at least guaranteed to any protected person who has completed, according to the prescribed rules, 10 years of assessment or employment, or 5 years of residence.
4. A proportional reduction in the percentage indicated in the table annexed to Part XI may be made where the traineeship for the benefit which corresponds to the reduced percentage is more than 10 years of contribution or employment, but less than 30 Years of assessment or employment. When the said traineeship is more than 15 years old, a reduced benefit will be allocated in accordance with the par. 2 of this article.
5. Where the assignment of the benefit referred to in s. 1, 3 or 4 of this Article is subject to the completion of a minimum period of assessment or employment, a reduced benefit must be guaranteed, under the prescribed conditions, to a protected person who, by reason only of the advanced age Was attained when the provisions allowing the application of this Part of the Code were brought into force, was not able to meet the prescribed conditions in accordance with s. 2 of this section, unless a benefit complies with the provisions of s. 1, 3 or 4 of this Article shall be allocated to such a person at a higher age than the normal age.
The benefits referred to in s. 28 and 29 must be granted for the duration of the contingency.
Any Contracting Party in respect of which this Part of the Code is in force shall guarantee to protected persons the award of benefits in the event of accidents at work and occupational diseases, in accordance with the following articles of That part.
The contingencies covered must include the following when they are due to prescribed occupational accidents or occupational diseases:
Protected persons must understand the prescribed categories of employees, constituting a total of at least 50 % of all employees and, for the benefits to which the death of family support is entitled, also the spouses and Children of employees in these categories.
1. In the case of a morbid condition, benefits must include the medical care referred to in subs. 2 and 3 of this article.
2. Medical care must include:
3. The medical care provided in accordance with the preceding paragraphs shall aim to preserve, restore or improve the health of the protected person, as well as his or her ability to work and to cope with his or her personal needs.
1. Government departments or institutions responsible for the administration of medical care must cooperate, where appropriate, with the general services for vocational rehabilitation, with a view to adapting them to appropriate work Impaired capacity.
2. National legislation may allow the said departments or institutions to take measures for the vocational rehabilitation of persons of reduced capacity.
1. With respect to incapacity for work, or the total loss of earning capacity where it is likely that this loss will be permanent, or the corresponding decrease in physical integrity, or the death of family support, the benefit will be Periodic payment calculated in accordance with the provisions of s. 65, or art. 66.
2. In the case of a partial loss of earning capacity where it is likely that the loss will be permanent, or in the event of a corresponding decrease in physical integrity, the benefit, when due, will be a periodic payment fixed to a Appropriate proportion of that expected in the case of total loss of earning capacity or a corresponding decrease in physical integrity.
3. Periodic payments may be converted into paidout capital at once:
The benefits referred to in s. 34 and 36 shall, in the event covered, be guaranteed at least to protected persons who were employed as employees in the territory of the Contracting Party at the time of the accident or at the time at which the disease was contracted and, In the case of periodic payments resulting from the death of the family support, the widow and the children of the latter.
The benefits referred to in s. 34 and 36 must be granted for the duration of the event; however, with respect to incapacity for work, the benefit may not be served for the first three days in each case of suspension of the gain.
Any Contracting Party in respect of which this Part of the Code is in force shall ensure that the persons protected are granted benefits to the families, in accordance with the following articles of the said Party.
The eventuality will be the burden of children according to what will be prescribed.
Protected persons must understand, with respect to the periodic benefits referred to in s. 42:
Benefits must include:
The benefits referred to in s. 42 must be guaranteed at least to a protected person who has completed an internship during a prescribed period that may consist of a month of assessment or employment, or in six months' residence.
The total value of the benefits allocated pursuant to s. 42 to the protected persons shall be such that it represents 1.5 % of the salary of a male adult male labourer, determined in accordance with the rules laid down in s. 66, multiplied by the total number of children of all residents.
Where benefits consist of a periodic payment, they must be granted for the duration of the contingency.
Any Contracting Party for which this Part of the Code is in force shall ensure that the persons protected are granted maternity benefits in accordance with the following articles of the said Party.
The eventuality covered will be pregnancy, childbirth and their aftermath, and the resulting suspension of the resulting gain, as defined by national legislation.
Protected persons must include:
With regard to pregnancy, childbirth and their aftermath, maternity medical benefits must include the medical care referred to in s. 2 and 3 of this article.
2. Medical care must include at least:
3. The medical care referred to in s. 2 of this article should aim to preserve, restore or improve the health of the protected woman, as well as her ability to work and to cope with her personal needs.
4. Government departments or institutions attributing medical benefits in the event of maternity must encourage women protected by all means which may be considered appropriate for the use of general health services Made available to them by public authorities or other bodies recognised by the public authorities.
With respect to the suspension of the gain resulting from pregnancy, childbirth and their suites, the benefit will be a periodic payment calculated in accordance with the provisions of s. 65, or art. 66. The amount of the periodic payment may vary during the event, provided that the average amount complies with the above provisions.
The benefits referred to in s. 49 and 50 must, in the event covered, be guaranteed at least to a woman in the protected categories who has completed an internship that can be considered necessary to avoid abuse; the benefits referred to in s. 49 must also be guaranteed to the spouses of the men of the protected categories, when they have completed the traineeship.
The benefits referred to in s. 49 and 50 shall be granted for the duration of the contingency; however, periodic payments may be limited to twelve weeks, unless a longer period of forbearance from work is imposed or authorized by the National legislation, in which case payments may not be limited to a period of lesser duration.
Any Contracting Party in respect of which this Part of the Code is in force shall guarantee to persons protected the award of disability benefits in accordance with the following articles of that Party.
The possibility will be the inability to carry on a professional activity, of a prescribed degree, where it is likely that this inability will be permanent or where it remains after the termination of the sickness benefit.
Protected persons must include:
The benefit will be a periodic payment calculated as follows:
1. The benefit referred to in s. 56 shall, in the event covered, be guaranteed at least:
2. Where the assignment of the benefit referred to in s. 1 of this Article is subject to the completion of a minimum period of contribution or employment, a reduced benefit must be guaranteed at least:
3. The provisions of s. 1 of this Article shall be deemed to be satisfied where a benefit calculated in accordance with Part XI, but by a percentage less than 10 units to that indicated in the table annexed to that part for the Benefit-type, is at least guaranteed to any protected person who has completed, according to the prescribed rules, 5 years of assessment, employment or residence.
4. A proportional reduction in the percentage indicated in the table annexed to Part XI may be made where the traineeship for the benefit which corresponds to the reduced percentage is more than 5 years of contribution or employment, but less than 15 Years of assessment or employment. A reduced benefit will be allocated in accordance with s. 2 of this article.
The benefits referred to in s. 56 and 57 must be granted for the duration of the contingency or until they are replaced by an old-age benefit.
Any Contracting Party in respect of which this Part of the Code is in force shall guarantee to protected persons the award of survivor benefits in accordance with the following articles of the said Party.
1. The possibility covered must include the loss of livelihood suffered by the widow or children as a result of the death of family support; in the case of the widow, the right to benefit may be subject to the presumption, in accordance with the National legislation, which it is unable to provide for itself.
2. The national legislation may suspend the benefit if the person who would have been entitled to it has certain prescribed paid activities, or may reduce contributory benefits where the beneficiary's gain exceeds a prescribed amount, And non-contributory benefits when the beneficiary's gain or other resources, or both together, exceed a prescribed amount.
Protected persons must include:
The benefit will be a periodic payment calculated as follows:
1. The benefit referred to in s. 62 shall, in the event covered, be guaranteed at least:
2. Where the assignment of the benefit referred to in s. 1 of this Article is subject to the completion of a minimum period of contribution or employment, a reduced benefit must be guaranteed at least:
3. The provisions of s. 1 of this Article shall be deemed to be satisfied where a benefit calculated in accordance with Part XI, but by a percentage less than 10 units to that indicated in the table annexed to that part for the Benefit-type, is at least guaranteed to any protected person whose family support has performed, according to prescribed rules, 5 years of assessment, employment or residence.
4. A proportional reduction in the percentage indicated in the table annexed to Part XI may be made where the traineeship for the benefit which corresponds to the reduced percentage is more than 5 years of contribution or employment, but less than 15 Years of assessment or employment. A reduced benefit will be allocated in accordance with s. 2 of this article.
5. In order for a widow without a child, presumed to be unable to provide for her own needs, to be entitled to a survivor benefit, a minimum period of marriage may be prescribed.
The benefits referred to in s. 62 and 63 must be granted for the duration of the contingency.
For any periodic payment to which this Article applies, the amount of the benefit, plus the amount of the family allowances paid during the contingency, shall be such that, for the beneficiary-type referred to in the table annexed to the At least equal to the percentage indicated in this table in relation to the total of the beneficiary's previous gain or family support, and the amount of family allowances paid to a Protected person having the same family expenses as the benefit-type.
2. The prior gain of the beneficiary or his/her family support will be calculated in accordance with prescribed rules and, where the protected persons or their breadwinners are divided into classes following their earnings, the prior gain may be Be calculated on the basis of the basic gains of the classes to which they belonged.
A maximum may be prescribed for the amount of the benefit or for the gain which is taken into account in the calculation of the benefit, provided that this maximum is fixed in such a way that the provisions of paragraph 1 of this Article are If the previous gain of the beneficiary or his or her family support is less than or equal to the salary of a qualified male worker.
4. The previous gain of the beneficiary or his/her family support, the skilled male worker's salary, the benefit and the family allowances will be calculated on the same basis.
5. For other beneficiaries, the benefit will be fixed in such a way that it is in a reasonable relationship with that of the benefit-type.
6. For the purposes of this section, a qualified male worker shall be:
7. The skilled worker type for the application of para. (b) du par. 6 of this article will be chosen in the class occupying the largest number of persons of the protected male sex in the case considered, or of breadwinners of protected persons, in the branch that occupies the largest Number of such protected persons or breadwinners; for this purpose, the standard international classification, by industry, of all branches of economic activity, adopted by the Economic and Social Council of the Organization Of the United Nations at its Seventh Session, on 27 August 1948, and which is reproduced in A D Dendum 1 to this Code, taking into account any changes that may be made to it.
8. Where benefits vary from region to region, a qualified male worker may be selected in each region in accordance with the provisions of subs. 6 and 7 of this article.
9. The wages of the qualified male worker chosen in accordance with paras. (a) or (b) of s. 6 of this Article, shall be determined on the basis of the salary for a normal number of hours of work fixed either by collective agreements or, where appropriate, by national law or by virtue thereof, or by custom, including Cost-of-living allowances, if any; where the salaries so determined differ from one region to another and the subs. 8 of this section is not applied, the median salary will be taken.
10. The amounts of the periodic payments in progress allocated for old age, for accidents at work and occupational diseases (with the exception of those covering incapacity for work), for invalidity and for the death of Family will be revised as a result of significant changes in the general level of earnings resulting from significant changes in the cost of living.
For any periodic payment to which this Article applies, the amount of the benefit, plus the amount of the family allowances paid during the contingency, shall be such that, for the beneficiary-type referred to in the table annexed to the At least equal to the percentage indicated in this table in relation to the total salary of the male adult male labourer, and the amount of family allowances paid to a protected person Having the same family expenses as the benefit-type.
2. The salary of the male adult male labourer, the benefit and the family allowances will be calculated on the same base time.
3. For other beneficiaries, the benefit will be fixed in such a way that it is in a reasonable relationship with that of the benefit-type.
4. For the purposes of this section, the male ordinary manoeuvring shall be:
5. The standard manoeuvrability, for the application of para. (b) du par. 4 of this article, shall be chosen in the class occupying the largest number of persons of the male protected sex for the consideration considered, or of breadwinners of protected persons, in the branch that occupies the largest Number of such protected persons or breadwinners; for this purpose, the standard international classification, by industry, of all branches of economic activity, adopted by the Economic and Social Council of the Organization Of the United Nations at its Seventh Session, on 27 August 1948, and which is reproduced in Addendum 1 to this Code, taking into account any changes that may be made to it.
6. Where benefits vary from region to region, a male adult male labourer may be selected in each region in accordance with the provisions of subs. 4 and 5 of this article.
7. The salary of the ordinary male adult labourer shall be determined on the basis of the salary for a normal number of hours of work fixed either by collective agreements or, where appropriate, by national legislation or by virtue thereof, or By custom, including the cost of living allowances, if any; where the salaries so determined differ from one region to another and the subs. 6 of this section is not applied, the median salary will be taken.
8. The amounts of the periodic payments in progress allocated for old age, for accidents at work and occupational diseases (with the exception of those covering incapacity for work), for invalidity and for the death of Family will be revised as a result of significant changes in the general level of earnings resulting from significant changes in the cost of living.
For any periodic payment to which this Article applies:
Table (Annex to Part XI)
Periodic payments to recipients-types
| Party |
Optionally |
Beneficiary-type |
Percent |
| III |
Sickness |
Male with wife and 2 children |
45 |
| IV |
Unemployment |
Male with wife and 2 children |
45 |
| V |
Old Age |
Male with a pension age wife |
40 |
| VI |
Employment injuries and Occupational diseases: Incapacity of work Total loss of capacity Gain Survivors |
Male with wife and 2 children Male with wife and 2 children Widow with 2 children |
50 50 40 |
| VIII |
Maternity |
Woman |
45 |
| IX |
Invalidity |
Male with wife and 2 children |
40 |
| X |
Survivors |
Widow with 2 children |
40 |
A benefit to which a protected person has been entitled under any of Parts II to X of this Code may be suspended to a extent that may be prescribed:
1. Any applicant must have the right to appeal in the event of refusal of the provision or dispute concerning the quality or quantity of the appeal.
2. Where, in the application of this Code, the administration of medical care is entrusted to a government department responsible to a parliament, the right of appeal under subs. 1 of this Article may be replaced by the right to have the competent authority examine any claim for refusal of medical care or the quality of medical care received.
3. Where applications are brought before courts specially established to deal with social security matters and in which protected persons are represented, the right of appeal may not be granted.
1. The cost of benefits granted under this Code and the administration costs of these benefits shall be jointly financed by way of contributions or taxes, or both jointly, in accordance with Avoid the need for those with low resources to bear too much load and take into account the economic situation of the Contracting Party and the categories of protected persons.
2. The total amount of insurance premiums paid to protected employees shall not exceed 50 % of the total resources allocated to the protection of employees, their wives and children. In order to determine whether this condition is fulfilled, all the benefits granted by the Contracting Party under this Code may be considered as a whole, with the exception of benefits to families and with the exception of Benefits in the event of accidents at work and occupational diseases, if they fall within a special branch.
(3) The Contracting Party shall assume a general responsibility for the service of benefits awarded pursuant to this Code and shall take all necessary measures to achieve that purpose; Ensure that the necessary actuarial studies and calculations relating to the financial equilibrium are established periodically and in any event prior to any change in the benefits, the rate of insurance contributions or the taxes assigned to the Coverage of the contingencies.
1. Where the administration is not provided by a government department responsible to a parliament, representatives of protected persons must participate in or be associated with the administration in The national legislation may also provide for the participation of representatives of employers and public authorities.
2. The Contracting Party shall assume a general responsibility for the proper administration of the institutions and services which contribute to the application of this Code.
This Code shall not apply to:
The Contracting Parties shall endeavour to settle in a special instrument the issues relating to the social security of aliens and migrants, in particular as regards equal treatment with nationals and the conservation of Acquired or acquired rights.
1. Any Contracting Party shall submit to the Secretary General an annual report on the application of this Code. This report will provide:
Such evidence shall, as far as possible, be provided in the manner and in the order suggested by the Committee.
(2) Any Contracting Party shall provide to the Secretary General, at the request of the Secretary General, additional information on the manner in which it applies the provisions of this Code concerned by its ratification.
The Committee of Ministers may authorise the Secretary General to transmit to the Consultative Assembly a copy of the reports and additional information submitted pursuant to subs. 1 and 2 respectively of this article.
4. The Secretary General shall address to the Director General of the International Labour Office the reports and additional information submitted pursuant to subs. 1 and 2 respectively of this article, requesting that the relevant organ of the International Labour Organisation be consulted and the conclusions of that body be forwarded to it.
The said reports and additional information, as well as the findings of the body of the International Labour Organisation referred to in s. 4 of this Article, shall be considered by the Committee, which shall submit to the Committee of Ministers a report containing its conclusions.
After having taken, if necessary, the opinion of the Consultative Assembly, the Committee of Ministers will determine by a two-thirds majority, in accordance with Art. 20, para. (d) of the Statute of the Council of Europe 1 , if each Contracting Party has complied with its obligations under this Code.
2. If the Committee of Ministers considers that a Contracting Party does not fulfil the obligations assumed by it under this Code, it will invite the Contracting Party to take the measures deemed necessary by the Committee of Ministers for Ensure this execution.
Any Contracting Party shall send to the Secretary General, every two years, a report on the state of its legislation and its practice concerning the provisions of each Part II to X of the Code which, in accordance with Art. 3, have not been specified in its ratification or in a subsequent notification under Art. 4.
This Code shall be open for signature by the member States of the Council of Europe. It will be subject to ratification. The instruments of ratification shall be deposited with the Secretary General, subject, where appropriate, to the affirmative and prior decision of the Committee of Ministers referred to in paragraph 4 of Art. 78.
2. This Code shall enter into force one year after the date of the deposit of the third instrument of ratification.
3. For any subsequent signatory ratifying the Code, the Code will enter into force one year after the date of the deposit of its instrument of ratification.
1. Any signatory State wishing to use the provisions of Art. 2, para. 2, shall submit, before ratification, to the Secretary General a report indicating the extent to which its social security system complies with the provisions of the Code.
This report will include a presentation:
Such evidence shall, as far as possible, be provided in the manner and in the order suggested by the Committee.
2. The signatory State concerned shall provide to the Secretary General, at the Secretary General's request, additional information on the conformity of its social security system with the provisions of this Code.
3. The said report and additional information shall be considered by the Committee, taking into account the provisions of s. 3 of Art. 2. The Committee will submit a report to the Committee of Ministers containing its conclusions.
4. The Committee of Ministers shall decide by a two-thirds majority, in accordance with Art. 20, para. (d) of the Statute of the Council of Europe 1 , on the question whether the social security system of that signatory State is in conformity with the provisions of the Code.
5. If it decides that this social security system is not in conformity with the provisions of the Code, the Committee of Ministers shall inform the signatory State concerned and may make recommendations to the Committee on how such conformity may be Realized.
After the entry into force of this Code, the Committee of Ministers may invite any non-member State of the Council of Europe to accede to it. Such accession shall be subject to the conditions and procedure of ratification provided for in this Code.
2. The accession of a State to the Code will be effected by the deposit of an instrument of accession with the Secretary General. The Code will enter into force for a Member State one year after the date of the deposit of its instrument of accession.
3. The obligations and rights of a acceding State shall be the same as those provided for in this Code for the signatory States that have ratified it.
1. This Code shall apply to the metropolitan territory of each Contracting Party. Any Contracting Party may, at the time of signature or at the time of deposit of its instrument of ratification or accession, specify, by declaration made to the Secretary General, the territory that will be considered for that purpose as its territory Metropolitan.
2. Any Contracting Party ratifying the Code or any acceding State may, at the time of the deposit of its instrument of ratification or accession or at any later date, notify the Secretary General that the Code, in whole or in part and under Reservation of the modifications specified in the notification shall apply to any part of its metropolitan territory not specified in accordance with paragraph 1 of this article or to any of the other territories of which it Ensures international relations. The modifications specified in such a notification may be cancelled or amended by subsequent notification.
(3) Any Contracting Party may, during the periods during which it may denounce the Code in accordance with the provisions of Art. 81, notify the Secretary General that the Code ceases to be applicable to any part of its metropolitan territory or to any other territory to which it has applied the Code in accordance with the provisions of s. 2 of this article.
Any Contracting Party may denounce this Code, or one or more of its Parts II to X, only upon expiry of a period of five years after the date on which the Code has entered into force for that Contracting Party, or upon expiry of the Any subsequent period of five years, and in all cases subject to one year's notice to the Secretary General. Such denunciation shall not affect the validity of the Code in respect of other Contracting Parties, provided that the number of States for which the Code is in force is not less than three.
The Secretary General shall notify the member States of the Council of Europe, the Government of any acceding State, and the Director General of the International Labour Office:
The Annex to this Code is an integral part of this Code.
In witness whereof, The undersigned, duly authorized to that effect, have signed this Code.
Done at Strasbourg, on 16 April 1964, in English and in French, both texts being equally authentic, in a single copy, which shall be deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments and to the Director General of the International Labour Office.
(Suivent signatures)
It is understood that s. 68 (i) of this Code shall be interpreted in accordance with the national law of each Contracting Party.
List of Branches and Classes
1. Care given away from hospital wards by general medical practitioners or specialists, including home visits, without limit of time; however, the recipient or his/her family support may be required to participate in the fee Received care of up to 25 %.
2. The supply of essential pharmaceutical products, without limitation of duration; however, the beneficiary or his/her family support may be required to participate in the cost of the goods received up to a maximum of 25 %.
3. In the case of prescribed diseases requiring long-term treatment including tuberculosis, the care provided in hospitals, including hospitalization, the care of general medical practitioners, or specialists, as required, And all necessary ancillary care for a duration that cannot be limited to less than 52 weeks per case.
4. In-person dental care, however, the recipient or his/her family support may be required to participate in the costs of care received up to a third party.
5. Where the contribution of the beneficiary or family support is fixed to a uniform sum for each treatment case or prescription of pharmaceutical supplies, the total payments made by all protected persons For each benefit category referred to in 1, 2 and 4 above shall not exceed the prescribed percentage of the total cost of that class over a specified period of time.
6. The sickness benefit at the rate specified in s. 16 for a duration that cannot be limited to less than 52 weeks per case.
7. The unemployment benefit at the rate specified in s. 22 for a duration that cannot be limited to less than 21 weeks in a 12-month period.
8. Old Age Benefit, at the rate of at least 50 % of the benefit referred to in s. 28:
9. Cash benefits, in the form of periodic payments, until the child in receipt of benefits and continuing education attaines an age which cannot be prescribed below 16 years of age.
10. The granting of maternity benefits without condition of an internship.
11. The disability benefit, at the rate of at least 50 % of the benefit referred to in s. 56:
12. The provision of survivors at the rate of at least 50 % of the benefit referred to in s. 62:
13. A funeral service provision for:
| States Parties |
Ratification |
Entry into force |
||
| Germany * |
27 January |
1971 |
28 January |
1972 |
| Belgium * |
13 August |
1969 |
August 14 |
1970 |
| Cyprus * |
15 April |
1992 |
April 16 |
1993 |
| Denmark * |
February 16 |
1973 |
17 February |
1974 |
| Spain * |
8 March |
1994 |
March 9 |
1995 |
| Estonia * |
19 May |
2004 |
20 May |
2005 |
| France * |
17 February |
1986 |
18 February |
1987 |
| Greece * |
9 June |
1981 |
10 June |
1982 |
| Ireland * |
February 16 |
1971 |
17 February |
1972 |
| Italy * |
20 January |
1977 |
21 January |
1978 |
| Luxembourg * |
3 April |
1968 |
April 4 |
1969 |
| Norway * |
25 March |
1966 |
March 17 |
1968 |
| Netherlands * |
March 16 |
1967 |
March 17 |
1968 |
| Portugal * |
15 May |
1984 |
May 16 |
1985 |
| Czech Republic * |
8 September |
2000 |
9 September |
2001 |
| United Kingdom * |
12 January |
1968 |
13 January |
1969 |
| Slovenia * |
26 February |
2004 |
February 27 |
2005 |
| Sweden * |
September 25 |
1965 |
March 17 |
1968 |
| Switzerland * |
16 September |
1977 |
September 17 |
1978 |
| Turkey * |
7 March |
1980 |
8 March |
1981 |
|
The Swiss Confederation accepts the obligations under the European Code of Social Security for the following Parties included in Parts II to X:
Making use of the right conferred on it by s. 1 of the art. 2 of the aforementioned Code, the Swiss Confederation declares that it does not apply:
