In respect of any member State of the Council of Europe which has ratified the Code and
the Protocol thereto, and in respect of
any State which has acceded to both these Acts,
the following provisions shall replace the corresponding articles, paragraphs and
sub-paragraphs of the Code:
Article 1, paragraph 1, sub-paragraph h, shall read:
The term "child" means:
- a child under 16 years of age; or
- a child under school-leaving age or under 15 years of age, as may be prescribed,
provided that in the case of a child continuing
its education, apprenticed or invalid, it
shall mean a child under 18 years of age;
Article 2, paragraph 1, sub-paragraph b, shall read:
- At least eight of these Parts II to X for which the member State concerned has
accepted the obligations of the Code in virtue
of Article 3, provided that Part II shall
count as two parts and Part V as three parts;
Article 2, paragraph 2, shall read:
- The terms of sub-paragraph b of the foregoing paragraph can be regarded as
fulfilled if:
- at least six of those Parts II to X for which the member State concerned has accepted
the obligations of the Code in virtue
of Article 3, including at least one of Parts IV, V,
VI, IX and X are complied with; and
- in addition, proof is furnished that the social security legislation in force is
equivalent to one of the combinations provided
for in that sub-paragraph, taking into
account:
- the fact that certain branches covered by sub-paragraph a of this paragraph exceed the
standards of the Code in respect of
their scope of protection or their level of benefits,
or both;
- the fact that certain branches covered by sub-paragraph a of this paragraph exceed the
standards of the Code by granting supplementary
services or advantages listed in
Addendum 2 to the Code as modified by the Protocol; and
- branches which do not attain the standards of the Code.
Article 9 shall read:
The persons protected shall comprise:
- prescribed classes of employees, constituting not less than 80 per cent of all
employees, and also their wives and children;
or
- prescribed classes of the economically active population, constituting not less than 30
per cent of all residents, and also
their wives and children; or
- prescribed classes of residents, constituting not less than 65 per cent of all
residents.
Article 10, paragraphs 1 and 2, shall read:
- The benefit shall include at least:
- in the case of a morbid condition;
- care by general practitioners, including domiciliary visiting, and care by specialists
in accordance with prescribed conditions;
- hospital care including maintenance, care by general practitioners or specialists as
required, nursing and all auxiliary services
required;
- all necessary non-proprietary pharmaceutical supplies and proprietary preparations
regarded as essential; and
- conservative dental care for the children protected; and
- in the case of pregnancy, confinement and their consequences:
- pre-natal, confinement and post-natal care either by medical practitioners or by
qualified midwives;
- hospitalisation where necessary; and
- pharmaceutical supplies.
- The beneficiary or his breadwinner may be required to share in the costs of the medical
care which the beneficiary receives:
- in case of morbid condition, provided that the rules concerning such cost-sharing shall
be so designed as to avoid hardship,
and that the part of the cost paid by the beneficiary
or breadwinner shall not exceed:
- for care by general practitioners and specialists outside hospital wards: 25 per cent;
- for hospital care: 25 per cent;
- for pharmaceutical supplies: 25 per cent on the average;
- for conservative dental care: 33 1/3 per cent;
- in case of pregnancy, confinement and their consequences, in respect of pharmaceutical
supplies only for which the part of the
cost paid by the patient or breadwinner shall not
exceed 25 per cent on the average; the rules concerning such cost-sharing
shall be so
designed as to avoid hardship;
- where cost-sharing takes the form of a fixed sum in respect of each case or course of
treatment or each prescription of pharmaceutical
supplies, the total of such payments made
by all persons protected in respect of any one of the types of care referred to in
sub-paragraphs a or b shall not exceed the specified percentage of the total cost of that
type of care within a given
period.
Article 12 shall read:
The benefits specified in Article 10 shall be granted throughout the contingency
covered, except that hospital care may be limited
to 52 weeks in each case or to 78 weeks
in any consecutive period of three years.
Article 15, paragraphs a and b, shall read:
The persons protected shall comprise:
- prescribed classes of employees, constituting not less than 80 per cent of all
employees; or
- prescribed classes of the economically active population constituting not less than 30
per cent of all residents; or
Article 18 shall read:
The benefit specified in Article 16 shall be granted throughout the contingency, except
that it need not be paid for the first three
days of suspension of earnings and may be
limited to 52 weeks in each case of sickness or to 78 weeks in any consecutive period
of
three years.
Article 21, paragraph a, shall read:
The persons protected shall comprise:
- prescribed classes of employees constituting not less than 55 per cent of all employees;
or
Article 24 shall read:
- Where classes of employees are protected, the duration of the benefit specified in
Article 22 may be limited to 21 weeks within
a period of 12 months, or to 21 weeks in each
case of suspension of earnings.
- Where all residents whose means during the contingency do not exceed prescribed limits
are protected, the benefit specified in
Article 22 shall be granted throughout the
contingency. Provided that the duration of the prescribed benefit guaranteed without
a
means test may be limited in accordance with paragraph 1 of this article.
- Where national laws or regulations provide that the duration of the benefit shall vary
with the length of the contribution period
and/or the benefit previously received within a
prescribed period, the provisions of paragraph 1 shall be deemed to be fulfilled
if the
average duration of benefit is at least 21 weeks within a period of 12 months.
- The benefit need not be paid:
- for the first three days in each case of suspension of earnings, counting the days of
unemployment before and after temporary
employment lasting not more than a prescribed
period as part of the same case of suspension of earnings; or
- for the first six days within a period of twelve months.
- In the case of seasonal workers, the duration of the benefit and the waiting period may
be adapted to their conditions of employment.
- Measures shall be taken to maintain a high and stable level of employment in the
country, and appropriate facilities shall be
provided to assist unemployed persons to
obtain suitable new work including placement services, vocational training courses,
assistance in their transfer to another district when necessary to find suitable
employment, and related services.
Article 26, paragraphs 2 and 3, shall read:
- The prescribed age shall be not more than 65 years or than such higher age
that the number of residents having attained that age
is not less than 10 per cent of the
number of residents under that age but over 15 years. Provided that, where prescribed
classes of employees only are protected, the prescribed age shall be not more than 65
years.
- National laws or regulations may provide that the benefit of a person otherwise entitled
to it may be suspended if he is engaged
in any prescribed gainful activity, or that the
benefit, if contributory, may be reduced whenever the earnings of the beneficiary
exceed a
prescribed amount.
Article 27, paragraphs a and b, shall read:
The persons protected shall comprise:
- prescribed classes of employees, constituting not less than 80 per cent of all
employees; or
- prescribed classes of the economically active population, constituting not less than 30
per cent of all residents; or
Article 28, paragraph b, shall read:
- where all residents whose means during the contingency do not exceed
prescribed limits are protected, in such a manner as to
comply with the requirements of
Article 67. Provided that a prescribed benefit shall be guaranteed without means tests to
the prescribed classes of persons determined in accordance with sub-paragraphs a or b of
Article 27, subject to qualifying
conditions not more stringent than those specified in
paragraph 1 of Article 29.
Article 32, paragraph d, shall read:
- the loss of support suffered by the widow or child as the result of the death
of the breadwinner.
Article 33 shall read:
The persons protected shall comprise prescribed classes of employees constituting not
less than 80 per cent of all employees and,
for the benefit in respect of the death of the
breadwinner, also their wives and children.
Article 41 shall read:
The persons protected shall comprise, in so far as periodical payments are concerned:
- prescribed classes of employees, constituting not less than 80 per cent of all
employees; or
- prescribed classes of the economically active population, constituting not less than 30
per cent of all residents.
Article 44 shall read:
The total value of the benefits granted in accordance with Article 42 shall be such as
to represent 2 per cent of the wage of an
ordinary adult male labourer as determined in
accordance with the rules laid down in Article 66 multiplied by the total number
of
children of all residents.
Article 48 shall read:
The persons protected shall comprise:
- all women in prescribed classes of employees, which classes constitute not less than 80
per cent of all employees, and, for
maternity medical benefit, also the wives of men in
these classes; or
- all women in prescribed classes of the economically active population, which classes
constitute not less than 30 per cent of
all residents, and, for maternity medical benefit,
also the wives of men in these classes.
Article 49, paragraph 2, shall read:
- The medical care shall include at least:
- pre-natal, confinement and post-natal care, either by medical practitioners or by
qualified midwives;
- hospitalisation where necessary; and
- pharmaceutical supplies; the patient or her breadwinner may be required to share in the
cost of the pharmaceutical supplies
the beneficiary receives. The rules concerning such
cost-sharing shall be so designed as to avoid hardship, and the part of
the cost paid by
the beneficiary or breadwinner shall not exceed 25 per cent on the average. Where
cost-sharing takes
the form of a fixed sum in respect of each prescription, the total of
such payments made by all persons protected shall not
exceed 25 per cent of the total cost
within a given period.
Article 54 shall read:
The contingency covered shall include inability to engage in any gainful occupation to
an extent prescribed, which inability is
likely to be permanent or to persist after the
exhaustion of sickness benefit. Provided that the prescribed extent of such inability
shall not exceed two-thirds.
Article 55, paragraphs a and b, shall read:
The persons protected shall comprise:
- prescribed classes of employees, constituting not less than 80 per cent of all
employees; or
- prescribed classes of the economically active population, constituting not less than 30
per cent of all residents; or
Article 56 shall read:
- The benefit shall be a periodical payment calculated as follows:
- where classes of employees or classes of the economically active population are
protected, in such a manner as to comply either
with the requirements of Article 65 or
with the requirements of Article 66;
- where all residents whose means during the contingency do not exceed prescribed limits
are protected, in such a manner as to
comply with the requirements of Article 67. Provided
that a prescribed benefit shall be guaranteed without a means test to
the prescribed
classes of persons determined in accordance with sub-paragraphs a or b of Article 55,
subject to qualifying
conditions not more stringent than those specified in paragraph 1 of
Article 57.
- Measures shall be taken to provide for functional and vocational rehabilitation
services, and to maintain appropriate facilities
to assist handicapped persons in
obtaining suitable work, including placement services, assistance in helping them transfer
to another district when necessary to find suitable employment, and related services.
Article 61, paragraphs a and b, shall read:
The persons protected shall comprise:
- the wives and children of breadwinners in prescribed classes of employees, which classes
constitute not less than 80 per cent
of all employees; or
- the wives and children of breadwinners in prescribed classes of the economically active
population, which classes constitute
not less than 30 per cent of all residents; or
Article 62, paragraph b, shall read:
- here all resident widows and resident children whose means during the
contingency do not exceed prescribed limits are protected,
in such a manner as to comply
with the requirements of Article 67. Provided that a prescribed benefit shall be
guaranteed
without a means test to the wives and children of breadwinners in the
prescribed classes of persons determined in accordance
with sub-paragraphs a or b of
Article 61, subject to qualifying conditions not more stringent than those specified in
paragraph 1 of Article 63.
Article 74, paragraphs 1 and 2, shall read:
- Each member State which has ratified the Code and this Protocol shall submit to the
Secretary General an annual report concerning
the application of these Acts. This report
shall include:
- full information concerning the laws and regulations by which effect is given to the
provisions of these Acts covered by the
ratification; and
- evidence of compliance with the statistical conditions specified in:
- Articles 9.a, b or c; 15.a or b; 21.a; 27.a or b; 33; 41.a or b; 48.a or b; 55.a or b;
61.a or b, as regards the number of
persons protected;
- Articles 44, 65, 66 or 67, as regards the rates of benefit;
- Article 24, paragraph 2, as regards duration of unemployment benefit; and
- Article 70, paragraph 2, as regards the proportion of the financial resources
constituted by the insurance contributions of
employees protected.
Such evidence shall as far as possible be presented in such general order and manner as
may be suggested by the Committee.
- Each member State which has ratified the Code and this Protocol shall furnish to the
Secretary General, if so requested by him,
further information of the manner in which it
has implemented the provisions of these Acts covered by its ratification.
Article 75 shall read:
- After consulting the Consultative Assembly, if it considers it appropriate, the
Committee of Ministers shall, by a two-thirds
majority in accordance with Article 20,
paragraph d, of the Statute of the Council of Europe, decide whether each member State
which has ratified the Code and this Protocol has complied with the obligations of the
Code and the Protocol that it has
accepted.
- If the Committee of Ministers considers that a member State which has ratified the Code
and this Protocol is not complying with
its obligations under these Acts, it shall invite
the said member State to take such measures as the Committee of Ministers considers
necessary to ensure such compliance.
Article 76 shall read:
Each member State which has ratified the Code and this Protocol shall report every two
years to the Secretary General on the state
of its law and practice in regard to any of
Parts II to X of the Code and the Protocol thereto which such member has not specified
in
its ratification of the Code and the Protocol in virtue of Article 3 or in a notification
made subsequently in virtue of Article
4.
Article 79 shall read:
- After the entry into force of this Protocol, the Committee of Ministers may invite any
State not being a member of the Council
of Europe to accede to the Protocol. The accession
of such State shall be subject to the same conditions and procedure as laid
down in the
Protocol with regard to ratification.
- A State shall accede to this Protocol by depositing an instrument of accession with the
Secretary General. This Protocol shall
come into force for any State so acceding one year
after the date of deposit of its instrument of accession.
- The obligations and rights of an acceding State shall be the same as those provided for
in this Protocol for member States which
have ratified the Protocol.
Article 80 shall read:
- The Code and/or this Protocol shall apply to the metropolitan territory of each member
State for which it is in force and of each
acceding State. Each member State or each
acceding State may, at the time of signature or of the deposit of its instrument of
ratification or accession, specify, by declaration addressed to the Secretary General, the
territory which shall be considered
to be its metropolitan territory for this purpose.
- Each member State ratifying the Code and/or this Protocol or each acceding State may, at
the time of deposit of its instrument
of ratification or accession, or at any time
thereafter, notify the Secretary General that the Code and/or this Protocol shall,
in
whole or in part and subject to any modifications specified in the notification, extend to
any part of its metropolitan
territory not specified under paragraph 1 of this article or
to any of the other territories for whose international relations
it is responsible.
Modifications specified in such notification may be cancelled or amended by subsequent
notification.
- Any member State for which the Code or the Code and this Protocol is in force or any
acceding State may, at such time as it can
denounce the Code and/or this Protocol in
accordance with Article 81, notify the Secretary General that the Code and/or the Protocol
shall cease to apply to any part of its metropolitan territory or to any of the other
territories to which the Code and/or
the Protocol has been extended by it in accordance
with paragraph 2 of this article.
Article 81 shall read:
Each member State which has ratified the Code and this Protocol and each State which
has acceded to them may denounce the Code and
the Protocol or only the Protocol or any one
or more of Parts II to X of these Acts only at the end of a period of five years from
the
date on which the Code and/or the Protocol thereto entered into force respectively for
such a member State or acceding State,
or at the end of any successive period of five
years, and in each case after giving one year's notice to the Secretary General.
Such
denunciation shall not affect the validity of the Code and/or of the Protocol in respect
of the other member States which
have ratified them or in respect of the other States
which have acceded to them, provided that at all times there are not less
than three such
member States or acceding States Parties to the Code and not less than three such member
States or acceding States
Parties to the Protocol.
Article 82 shall read:
The Secretary General shall notify the member States of the Council, the government of
any acceding State and the Director General
of the International Labour Office:
- of the date of entry into force of this Protocol and the names of any member States who
ratify it;
- of the deposit of any instrument of accession in accordance with Article 79 and of such
notifications as are received with it;
- of any notification received in accordance with Articles 4 and 80; and
- of any notice received in accordance with Article 81.
