COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
________
RESOLUTION CSS (97) 6
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY
BY GREECE
(Period from 1 July 1995 to 30 June 1996)
(Adopted by the Committee of Ministers on 30 October 1997
at the 607th 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"), and with a view to supervising the application of that instrument by the Contracting Parties;
Whereas the Code, signed on 16 April 1964, entered into force on 17 March 1968 and since 10 June 1982 has been binding on Greece, which ratified it on 9 June 1981;
Whereas, when ratifying the Code, the Greek 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 :
- Part II on "medical care",
- Part III on "sickness benefit",
- Part V on "old-age benefit",
- Part VI on "employment injury 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, the Greek Government submitted, on 29 July 1996, its 14th annual report on the application of the Code, for the period from 1 July 1995 to 30 June 1996;
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 67th meeting in November-December 1996;
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 May 1997;
Having considered the conclusions reached by the above-mentioned European committee after examination of the aforesaid documents;
Recalling Resolution CSS (96) 16 on the 13th report submitted by the Greek Government pursuant to paragraph 1 of Article 74 of the Code,
Notes:
a. with regard to Part VI (Employment injury benefit) that its previous resolution referred to Article 36, paragraph 2, of the Code, under the terms of which in case of partial loss of earning capacity likely to be permanent, or corresponding loss of faculty, the benefit shall be a periodical payment representing a suitable proportion of that specified for total loss of earning capacity which must be granted throughout the contingency (Article 38) and may be commuted to a lump sum where the degree of incapacity is slight, or where the competent authority is satisfied that the lump sum will be properly utilised (Article 36, paragraph 3.a and b). However, according to the Government's previous statement on this subject, victims of employment injury whose incapacity is less than 50 % are only granted sickness benefit for 720 days. In its report, the government once again states that employment injury insurance is not a separate branch of insurance; subject to certain specific modifications, the benefit accorded in the event of this contingency is awarded under the sickness insurance and invalidity and survivors' insurance scheme. In this respect, the Committee of Ministers wishes to emphasise that, although Part VI of the Code does not require the establishment of a specific branch for employment injury benefit, it is important that in such a case the national legislation, whether on sickness insurance or pensions insurance, contains provisions giving effect to all the provisions of this Part where it has been accepted;
b. with regard to the government's statement in its report on the application of Convention No. 102 that the medical care provided by the IKA covers all the care envisaged by the convention, with the exception of nursing care at home;
Finds that Greece continues to give full effect to the parts of the Code which have been accepted, subject to point a. below and to receipt of additional information in accordance with point b below;
Decides to invite the Government of Greece:
a. with regard to point a above, to consider, in accordance with the above provisions of the Code, the possibility of re-establishing, for victims of employment injury with less than 50 per cent incapacity, the right to long-term benefit at a reduced rate, as was the case under the previous legislation and also to indicate the progress achieved in this respect in its next report;
b. with regard to point b. above, to indicate in its next report the manner in which, and the provisions under which, effect is given to Article 34, paragraph 2.c, of the Code, which provides that the medical care for victims of employment injury shall comprise nursing care at home.