COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
________
RESOLUTION CSS (96) 9
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY
AND THE PROTOCOL THERETO BY THE NETHERLANDS
(Period from 1 July 1994 to 30 June 1995)
(Adopted by the Committee of Ministers on 5 September 1996
at the 572nd meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code"), as modified by the provisions of its Protocol (hereinafter referred to as the "Protocol"), and with a view to supervising the application of these two instruments by the Contracting Parties;
Whereas the Code and the Protocol, signed on 16 April 1964, entered into force on 17 March 1968 and since that date have been binding on the Netherlands, which ratified them on 16 March 1967;
Whereas, when ratifying the Code and the Protocol, the Netherlands Government stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code, as modified by the Protocol:
- Part II on "medical care",
- Part III on "sickness benefit",
- Part IV on "unemployment benefit",
- Part V on "old-age benefit",
- Part VI on "employment injury benefit",
- Part VII on "family benefit",
- Part VIII on "maternity benefit",
- Part IX on "invalidity benefit",
- Part X on "survivors' benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol, the Netherlands Government submitted, on 12 September 1995, its 28th annual report on the application of the Code, as modified by the Protocol, for the period from 1 July 1994 to 30 June 1995;
Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the International Labour Organisation (ILO) Committee of Experts for the Application of Conventions and Recommendations, at its 66th meeting in November-December 1995;
Whereas, in accordance with paragraph 5 of Article 74, this report and the conclusions adopted thereon by the above-mentioned committee were examined by the European Committee for Social Security of the Council of Europe, at its meeting in April 1996;
Having considered the conclusions reached by the above-mentioned European committee after examination of the aforesaid documents;
Recalling Resolution CSS (95) 24 on the 27th report submitted by the Dutch Government in pursuance of paragraph 1 of Article 74 of the Code, as modified by the Protocol,
Notes:
a. with regard to Part II (Medical care), Article 10, paragraphs 1.b and 2.b and Part VIII (Maternity benefit), Article 49, paragraph 2 of the Code, as amended by the Protocol, that the government's report does not contain any reply to its previous resolutions;
b. with regard to Part VI (Employment injury benefit), Article 32.d and Article 36 (in conjunction with Article 38) of the Code, as amended by the Protocol, that the legislation of the Netherlands is still not fully in line with the above-mentioned provisions of the Protocol with regard to the conditions imposed by national legislation for entitlement to a widow's pension and the definition of the contingency. The Committee of Ministers therefore expresses the hope once again that the Netherlands will be able to ratify the (revised) Code, since it contains solutions that enable states whose insurance systems have abandoned the notion of employment injury to meet the standards of these instruments through the granting of compensatory benefits in other branches of social security;
c. with regard to Part IV (Unemployment benefit), Article 22 (in conjunction with Article 66) of the Code, from the government's report, that a bill was accepted providing for entitlement to unemployment benefit amounting to 70% of the previous daily wage among unemployed workers who were engaged in paid employment for at least twenty-six weeks during thirty-nine weeks prior to their unemployment and who have received wages for fifty-two days or more in at least four of the five years prior to the year in which the person in question became unemployed. The government adds that a person who meets only the twenty-six out of thirty-nine weeks' requirement will receive unemployment benefit at 70% of the minimum wage for a period of six months;
d. with regard to Part VI (Employment injury benefit) and Part IX (Invalidity benefit) of the Code, as amended by the Protocol, that the Committee of Ministers asked, in its previous resolution, for fuller information on the implementation of a number of important changes to the act on the restriction of claims for disablement benefit (TBA) and to the act on the reduction of the number of disablement benefit claimants (TAV). In its report, the government supplies some general statistics showing the decrease in the total number of absences due to illness and in the number of long-term disabled, indicating that it is virtually impossible to show if there is a direct connection between these figures and the measures taken under these acts. The Committee of Ministers takes note of this information;
e. with regard to Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10, and Article 66, paragraph 8 of the Code, that the Committee of Ministers refers to its previous resolution concerning the implementation of the law for the indexation of minimum wages and allowances (WKA), in force since 1 January 1992, under which indexation may be suspended in cases where circumstances call for such a measure. In its reply, the government indicates that, in accordance with the provisions of the WKA, during the past years the gross social security benefits have been frozen, but the net income level and consequently the purchasing power of the beneficiaries of social security payments have been maintained through tax measures, the lowering of contributions and through several other measures. The government also states that, as from 1 January 1996, the benefits will, as in the past, once again be fully adjusted to the wage index. The Committee of Ministers notes this information. It recalls that the above-mentioned provisions of the Code require that the amounts of current periodical payments for long-term benefits shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living;
f. with regard to the reform of the health system, that the government recalls its aim gradually to bring the various health insurance schemes closer together with a view to creating a system that will continue to guarantee a high standard of accessible and affordable medical care for all. Three components of care are provided for: "uninsurable risks", which constitute mainly long-term residential care falling within the scope of the Exceptional Medical Expenses Act; a statutorily defined package of "ordinary" medical care common to all health insurance schemes; and medical care falling outside this package and covered by voluntary supplementary private insurance. The government points out that priority will be given to keeping costs down to an acceptable level. The Committee of Ministers notes this information. It hopes that any statutorily defined package of medical care would not fail to include all types of care covered by Part II (Medical care), Article 10 of the Code, as amended by the Protocol, and that, in taking measures aimed at the reduction of costs, the government would see to it, in particular, that any cost-sharing arrangements with respect to the provision of medical care do not exceed the percentage prescribed by the Protocol;
Finds that the Netherlands continue to give full effect to the provisions of Parts III, IV, V, VII, IX and X of the Code as modified by the Protocol and that they also ensure the implementation of the provisions of Parts II, VI and VIII of the Code as modified by the Protocol, subject to points a and b referred to below;
Decides to invite the Government of the Netherlands:
a. with regard to point a above, to communicate in its next report the measures taken or contemplated to eliminate individual sharing by beneficiaries in the cost of medical care during confinement, in a hospital or in a special nursing home when such care is medically prescribed, in accordance with the above-mentioned provisions of the Code, as amended by the Protocol which, in respect of pregnancy and confinement and their consequences, does not allow such cost sharing except in respect of pharmaceutical supplies;
b. with regard to point b above, to communicate in its next report information on the prospects of ratification of the (revised) Code;
It further invites the Government of the Netherlands:
c. with regard to point c above, to communicate in its next report whether this legislation has come into force, and if so, to supply a copy together with the statistical information required by the form under Titles I, II and V of Article 66;
d. with regard to point d above, in order to be able to assess the impact of the above-mentioned reform on the relevant provisions of the Code, as amended by the Protocol, to supply detailed information on the changes introduced by the said acts with regard to the definition of the contingency, the duration and the amount of the benefit, the conditions for the entitlement to and for the refusal or the suspension of the benefit (including the notion of "suitable employment"), as well as the possible impact of the application of the TAV on entitlement to annual leave;
e. with regard to point e above, to communicate in its next report the measures taken in application of the relevant provisions of the Code to re-establish indexation of benefits as from 1 January 1996, in accordance with the assurances given in the report, and to supply statistical data allowing for the assessment of the situation, as required by the report form under Title VI of Article 65 of the Code;
f. with regard to point f above, to continue to provide detailed information on the implementation of any new measures adopted in the framework of the reform of the national health system, in the light of the relevant provisions of Parts II, VI, VIII and XII of the Code, as amended by the Protocol, together with the texts of the corresponding new laws or regulations. In this connection, the Committee of Ministers also invites observations on its conclusions under point a above.