SECRETARIAT GENERAL

Strasbourg, 12 September 2016

REGIONAL SEMINAR ON THE

EUROPEAN CODE OF SOCIAL SECURITY

Bucharest, Romania, 31 May 2016

co-organised by

the Department of the European Social Charter, Council of Europe

and

the International Labour Organisation (ILO)

in cooperation with the Ministry of Labour, Family, Social Protection and Elderly of Romania

REPORT

I. OPENING OF THE SEMINAR

Ms Ivona Batali, Director General, Directorate General for External Relations, welcomed participants and said that it was an honour for Romania to host the Seminar on the European Code of Social Security (“Code”). She highlighted the important standards anchored in the Code, ILO Convention 102 (“C102”) and the European Social Charter (“Charter”). Romania, having ratified all three of these international treaties, demonstrated its commitment to fulfilling obligations and ensuring the rights of citizens in the field of social security. In the light of current challenges and latest developments with regard to social security, the Seminar provided an excellent opportunity to learn more about reporting obligations under the Code.

II. INTERNATIONAL TREATIES IN THE FIELD OF SOCIAL SECURITY

Mr Alexander Egorov, Head of the Social Security Section, Department of International Labour Standards, ILO, underlined that it was a particularly important time for countries in Europe to show commitment to social rights and recalled that the Code was a core instrument for ensuring minimum standards of social security. He presented an integrated, holistic approach to management of compliance and reporting obligations under social security provisions of international treaties (the Code, C102 and other relevant ILO Conventions, the Charter and the International Covenant on Economic, Social and Cultural Rights), which appeared in the form of a table in the country-based Technical Notes drawn up by the ILO. Countries were encouraged to coordinate and harmonise the information provided under the different treaties.

An overview was provided of the supervisory mechanisms established by the Council of Europe, the ILO and the UN, the relationship between provisions under the different social security branches and the time management of reporting cycles. The Technical Note also included observations by the supervisory bodies and attention was drawn to the human rights approach to social security of the European Committee of Social Rights and the UN’s Committee on Economic, Social and Cultural Rights whilst the ILO’s Committee of Experts on Application of Conventions and Recommendations had a more technical role. The Code was situated between the ILO Conventions which supported technical requirements and the human rights standards of the other treaties. Information was also provided concerning consolidated reports drawn up by the ILO for countries having ratified a number of ILO Conventions and the Code, including Romania. The consolidated report compiled information from a range of sources which could then be updated by the government for reporting purposes, with a view to reducing their workload. It could be possible for countries present at the Seminar who submitted a ‘zero report’ for assessment by the ILO with a view to ratification of the Code, to also request the ILO to prepare a consolidated report.

III. DETERMINATION OF THE REFERENCE WAGE OF A STANDARD BENEFICIARY UNDER THE EUROPEAN CODE OF SOCIAL SECURITY AND ILO CONVENTION 102

Ms Valeria Nesterenko, Statistician, Department of Social Protection, ILO, gave an overview of the current situation with regard to the ILO Technical Notes, which had been prepared for countries having ratified C102 and the Code in Europe as well as countries in Africa and Latin America with regard to C102. A presentation was made of the methodology with regard to determination of the standard reference wage for calculating the replacement level of benefits. As an initial step, it was important to look at the coverage provided by the scheme, according to the three options available under Article 27. On the basis of the option chosen, the next step involved the selection of Article 65, 66 or 67 which related to periodic benefits that were either earnings-related, flat-rate or means-tested respectively. An explanation was provided of the sources of data to be used, including classifications of economic activity (ISIC) and occupations of skilled and unskilled workers (ISCO), as well as information relating to coverage, wages and benefits. The presentation also showed the required level of benefits in comparison to the reference wage, the types of standard beneficiaries with regard to the different branches of social security and an overview of the choice of reference wage by country.

IV. REPORTING UNDER THE EUROPEAN SOCIAL CHARTER FOR THE THEMATIC GROUP “HEALTH, SOCIAL SECURITY AND SOCIAL PROTECTION”

Mr Lauri Leppik, General Rapporteur of the European Committee of Social Rights, presented information on reports to be submitted under the thematic group “Health, social security and social protection” of the European Social Charter, due by 31 October 2016. As the Articles 3, 11, 12, 13, 14, 23 and 30 covered a broad range of provisions, the presentation focused on those most directly linked to the Code. It was pointed out that countries having ratified the Additional Protocol providing for a system of Collective Complaints benefited from a simplified reporting procedure.

It was important that reports replied to general questions raised by the ECSR in the previous conclusions for the thematic group, and took into account the statements of interpretation which appeared in HUDDOC. States were encouraged to avoid a negative conclusion through repeated lack of information and provide additional sources of information if these were available. The main aspects of Article 11§1 concerning the right of access to health care were presented and attention drawn to the type of information which was often missing. The coverage provided by the health care was of importance, taking into account the percentage of the population covered, non-discrimination and the share of public/private financing. Some observations in this respect raised by the ECSR related, for example, to out-of pocket payments. Information on other aspects included the management of waiting lists and geographical distribution of health facilities.

With regard to Article 12 on the right to social security, 12§1 required a ‘significant percentage’ of the population to be covered and states were requested to give data to establish that the obligations were substantively met. Collective funding was an important fundamental feature of the social security system to avoid discrimination of vulnerable categories of workers. Information was to be provided showing the total number of persons insured out of the total number of active population for the risk concerned. Some examples of particular questions raised by the ECSR, such as reasons for the non-payment of unemployment benefit, were provided. Concerning the adequacy of benefits, it was important that income-replacement benefits did not fall below the poverty threshold. Where the Eurostat at-risk-of-poverty indicator was not available, the ECSR would look at the monetary value of the respective national poverty line. A general question raised in the previous conclusions concerned the relationship between Article 12§1 and Article 13§1 relating to the adequacy of benefits, asking States to provide details on cases where benefits were topped up by social assistance.

Information was also provided on Article 23 which concerned the right of elderly persons to social protection, and states were asked to demonstrate that the minimum levels of pensions and resources of elderly persons were adequate to ensure a decent life.

V. REPORTING BY ROMANIA UNDER THE CODE, ILO CONVENTION 102 AND THE EUROPEAN SOCIAL CHARTER

Ms Cristina Oncica, Senior Counsellor, Directorate General for External Relations, provided an overview of ratifications by Romania of the Code, C102 and the Charter, and underlined that the Code promoted a social security model based on social justice whilst respecting the diversity of national social security systems. The branches of the Code were presented as well as information on the standard beneficiaries and percentages which applied under each part. For ratification of the Code, the Contracting Party is required to accept at least six of the nine parts, bearing in mind that ‘Medical care’ counts as two and ‘Old-age’ counts as three parts.

The procedure followed by Romania for ratification of the Code included the submission of a ‘zero report’ which received a favourable assessment by the ILO. Romania signed the Code in 2002 and ratified both C102 and the Code in 2009, accepting Parts II, III, V, VII and VIII under both instruments. The ratification process included relevant consultations, drafting of an internal memo within the Ministry of Labour and the drawing up of an inter-institutional memo endorsed by the relevant Ministries. The next steps included endorsement by the Legislative Council, approval by the PM, adoption by the Parliament and promulgation by the President of Romania. The Code entered into effect within 12 months following the deposit of the instrument of ratification.

The reporting procedure under the Code required Contracting Parties to submit, under Article 74, an annual report on accepted parts of the Code, including a detailed report every five years. Under Article 76, a biennial report was required on non-accepted parts. With regard to the control mechanism, the relevant ILO Committee of Experts adopted Conclusions on application of the Code which formed the basis for draft Resolutions adopted by the Governmental Committee of the European Social Charter and the European Code of Social Security, and subsequently adopted by the Council of Europe’s Committee of Ministers. Given the similarity of structure and report forms for the detailed report of the Code and C102, Contracting Parties may submit one report which applies to both instruments to reduce workload.

An overview was provided of Articles of the Charter which were closely related to the Code and C102, in particular Article 12§2, and the timing for submission of reports in 2016. Attention was drawn to the importance of ensuring coherence in reporting under the different international treaties, and some difficulties were pointed out in this respect concerning the situation in practice. A number of questions raised by the supervisory bodies for Romania were presented and the procedures followed for reporting purposes. The relevance of the Code was highlighted as a fundamental element of social cohesion in the current climate and states were invited to give full consideration to ratification in order for citizens of the wider Europe to benefit from progress in social security standards.

VI. SIGNATURE AND RATIFICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY

Mr Alexander Egorov, International Labour Organisation, and Ms Sheila Hirschinger, Council of Europe, said that countries were encouraged to demonstrate their commitment to social rights and take the appropriate steps towards signature and ratification of the Code. Countries having ratified C102 were reminded that if their governments wished an assessment by the ILO before taking steps towards ratification, they could submit the report prepared under C102 as a ‘zero report’ to the Council of Europe, requesting an assessment in view of possible ratification of the Code.

VII. ROUND TABLE DISCUSSION

A round table discussion was held, enabling questions and answers as well as an exchange of views on aspects raised. During the discussion, the participant from Ukraine mentioned that Ukraine had recently ratified ILO Convention 102, on 16 March 2016, and follow-up would be given by the government this year with a view to signature of the Code.

VIII. CLOSING REMARKS

Ms Cristina Oncica, Senior Counsellor, Directorate General for External Relations, was pleased that Romania had the opportunity to host the Seminar and expressed her thanks to all those who had participated. Special thanks were addressed to Mr Egorov and the ILO team of experts for the readiness and level of involvement in assisting the Romanian authorities and the other participating countries with the information needed for a proper understanding of the requirements under the Code.

Ms Sheila Hirschinger, Council of Europe Secretariat, thanked the authorities of the Ministry of Labour, Family, Social Protection and Elderly of Romania and the ILO representatives for the excellent cooperation in the organisation of the Seminar. She expressed appreciation for all the presentations and thanked the participants for taking part in debates, which provided a useful basis for countries to give further consideration to ratification of the Code.

APPENDIX I

REGIONAL SEMINAR ON

THE EUROPEAN CODE OF SOCIAL SECURITY

co-organised by

the Department of

the European Social Charter, Council of Europe

and

the International Labour Organisation (ILO)

in cooperation with

the Ministry of Labour, Family, Social Protection and Elderly of Romania

Bucharest, 31 May 2016

PROGRAMME

Venue: Department for Social Dialogue, 7 Blvd Magheru, Bucharest, Romania

Working language: English

9.15 am Opening of the meeting

Opening statement by Ms Ivona Batali, Director General, Directorate General for External Relations, Ministry of Labour, Family, Social Protection and Elderly

9.45 am European Code of Social Security and ILO Convention 102

Ø Structure

Ø Assessment of compliance

Ø Reporting obligations

Presentation by Mr Alexander Egorov, Head of the Social Security Section, Department of International Labour Standards, International Labour Office

10.30 am Coffee break

10.45 am Determination of the reference wage of a standard beneficiary under the European Code of Social Security and ILO Convention 102

Presentation by Ms Valeria Nesterenko, Statistician, Department of Social Protection, International Labour Office

11.30 am Discussion

12 noon Lunch break

2 pm European Social Charter: reporting requirements in 2016 for the thematic group “Health, social security and social protection”

Presentation by Mr Lauri Leppik, General Rapporteur of the European Committee of Social Rights

2.45 pm Submission of reports relating to the European Code of Social Security, ILO Convention 102 and relevant provisions of the European Social Charter:

Ø Practical experience of Romania

Presentation by Ms Cristina Oncicǎ, Senior Counsellor, Directorate for External Relations, Ministry of Labour, Family, Social Protection and Elderly

3.30 pm Coffee break

3.45 pm Signature and ratification of the European Code of Social Security

Explanations by the representatives of the Council of Europe and the ILO

4.15 pm Round table: exchange of views on aspects raised

5.15 pm Concluding statements

APPENDIX II

LIST OF PARTICIPANTS

BOSNIA AND HERZEGOVINA

Ms Ljilijana SANTIC

Senior Professional Associate

Ministry of Human Rights and Refugees

Trg Bosne i Hercegovine, 1

71000 Sarajevo

Bosnia and Herzegovina

Tel: + 387