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PREFACE
The idea of setting up a European FORUM of statutory accident
insurance in order to pursue the process of convergence of insurance
schemes covering accidents at work and occupational diseases evolved
during the European conference entitled "The Creation of Europe",
which was held in Florence from 13th to 16th November 1991.
The statutory accidents insurance institutions in the countries of
Europe recognise:
that in spite of the diversity of their respective legal frameworks
and organisations, as well as the kind and scale of benefits paid in
each country, their tasks and goals are by large identical;
that all are animated by the same spirit of solidarity and, above
all, by the desire to work towards ensuring the welfare of the
insured and working people;
that these objectives are based on ethical, social and legal
obligations that are an integral part of European culture and
traditions.
Guided by this awareness and by the shared conviction that it is
necessary to support actively the process initiated by the European
Union of aligning aims and policies in the field of social security,
as well as insurance against accidents at work and occupational
diseases, those present and undersigned have taken the initiative to
set up this FORUM.
The FORUM shall be organised for the time being as a loose network
in the form of a working pool and community of interests of central
organisations of institutions for insurance against accidents at
work and occupational diseases.
Its object is to contribute the knowledge and experience of
institutions for insurance against accidents at work and
occupational diseases to the process of convergence on the way to
the formation of a European social union, to inform and advise the
institutions and executive bodies of the European Union, and above
all, to watch over the preservation and development of the elements
indispensable to the effective protection of people in their work in
view of the occupational risks including prevention, rehabilitation
and compensation for victims and survivors.
Although the process of convergence in Europe at present only
affects accident insurance systems in EU member states, all central
European organisations of institutions for insurance against
accidents at work and occupational diseases may be permitted to
participate in the European FORUM.
Article 1 Purpose
A European FORUM of insurance against accidents at work and
occupational diseases, the European Accidents Insurance FORUM (hereinafter
referred to as "the FORUM"), shall be established in order to:
- promote and ensure the continuance of the basic idea of insurance
against accidents at work and occupational diseases and to aim at a
distinct part for it within the national systems of social security;
- pursue the process of convergence of systems in Europe.
Article 2 Platform of the European accident insurance
The FORUM shall be an independent European organisation, which shall
loosely unite public or private national central organisations or
offices that represent the bodies responsible nation-wide for
insurance against accidents at work and occupational diseases.
Article 3 Objectives
The objectives of the FORUM shall be:
- To analyse and outline the essential structural elements of
European insurance against accidents at work and occupational
diseases in the interest of employees and employers, while taking
into account established European legal traditions as well as
technological and social change.
- To obtain and exchange reciprocal information at the earliest
possible time on EU plans (e.g., drafts of directives,
recommendations, programmes, actions pending at the European Court
of Justice), possibly through joint representation in Brussels.
- To inform and advise the bodies and offices of the European Union
in realising and stabilising a social Europe.
- To exchange information concerning major developments in national
legislation and, if necessary, to offer technical assistance in
discussions on national reforms.
- To further the systematic exchange of information and experience
between institutions for insurance against accidents at work and
occupational diseases, particularly as regards the handling of
insurance coverage, accident prevention, rehabilitation - especially
in respect of prosthetic care -, compensation, organisation,
financing and quality control.
- To organise conferences and seminars on topics related to the
process of convergence and to provide technical services (expert
reports, studies, statistics, data base management, training,
consulting) within the process of convergence.
- To further the FORUM's aims by all suitable means of
communication, e.g. by launching joint campaigns for the prevention
of accidents at work and occupational diseases, films, videos, by
publishing "FORUM News" and through the Internet.
- To promote co-operation between more advanced and less developed
insurance institutions.
- To co-operate with European institutions and organisations that
develop operations in the field of social security, including
research institutes that specialise in the prevention of accidents
at work and occupational diseases.
Article 4 Membership
(1) Institutions of EU member states can join the FORUM if they
comply with the terms of Article 2.
(2) Institutions in other European countries can also join the FORUM
if they comply with the terms of Article 2.
(3) Representatives of institutions that want to introduce accident
insurance schemes or a social insurance scheme including the risk of
work accidents and occupational diseases in Europe at national level
can be invited to take part in the technical conferences of the
FORUM as observers.
Article 5 Accession and exclusion
(1) An application for membership shall be submitted by the Bureau
to the members in due time in writing with a description of the
tasks and the legal status and a recommendation to the Plenary
Assembly.
(2) Members who do not any longer comply with the terms of Article 2
or did not take part in the activities of the FORUM for more than
two years can be excluded from the FORUM on suggestion of the
Bureau, the member being heard on his demand. The excluded
institution shall be informed in written.
(3) Accession and exclusion become effective with the decision taken
by the Plenary Assembly.
(4) The accession shall be documented by signing the Charter of the
Statutes of the FORUM.
Article 6 Plenary Assembly
(1) The Plenary Assembly (members’ assembly) has the following tasks:
to decide on the Statutes
to decide on accession and exclusions of members (art. 5)
to elect the members who assume the presidency und the
vice-presidency (art. 7)
to acknowledge the co-opted members of the Bureau (art. 8)
to take note of the appointment of the Commissioner for European
Relations (art. 9)
to decide on all other questions that are not transferred to another
organ of the FORUM according to these Statutes or in accordance with
the decision taken by the Plenary Assembly.
(2) In cases of para. 1 no. 1 and 2 the Plenary Assembly, as a
matter of principle, decides unanimously. Objections to an
application for membership can only be raised by a member due to
non-submission of the terms and conditions of article 2.
(3) In cases of para. 1 no. 3 to 6 unanimity it shall aim at as
well; nevertheless a simple majority suffices.
Article 7 President and Bureau
(1) The member entrusted with the presidency for a year (art. 6 par.
1 no. 3) nominates the President who as a rule shall be president or
director general of this member institution or member of its board.
The President is responsible for the day-to-day work of the FORUM
and shall arrange at least one FORUM conference.
(2) Paragraph 1, 1st sentence applies also for the Vice-President
who shall be chosen in good time, possibly a year in advance, and
who shall take over the President's seat after the expiry of the
term of the President.
(3) The President, the Vice-President and the Past-President form
the Bureau with whom the acting President shall deliberate on the
administration of his office.
Article 8 Long-term ensuring of the guidance
To ensure the work of the FORUM in the long run the Bureau shall
appoint three persons among the members who supplied the President
in the past for the period of three years (co-opted members). In
case of need they support the Board‘ work. A new appointment is
allowed.
Article 9 Commissioner for European Relations
(1) To make a continous co-operation easier for partners of the
FORUM the Bureau including its co-opted members shall appoint a
Commissioner for European Relations for a period of three years
among the members, whose countries are member states of the European
Union. Re-election is allowed.
(2) The Commissioner for European Relations shall support the
President in his contacts with European and international
organisations. Together with the President he shall report annually
to the EU about the activities of the FORUM.
Article 10 Duties and rights of the members
(1) All members shall have equal duties and rights.
(2) To make the fulfillment of the tasks according to art. 3 no. 2
and 3 easier, as a rule, the presidency shall only rest with
institutions from member countries of the EU and founder members of
the FORUM. Exceptions may be decided unanimously by the Plenary
Assembly.
(3) The FORUM aims at common positions towards EU bodies and offices.
In cases of initiatives according to art. 3 no. 3 members from
countries not belonging to the EU have an advisory capacity.
(4) Several FORUM members representing one country shall have only
one vote between them in the event that a vote is taken.
Article 11 Working forms
(1) In the Plenary Assembly of the FORUM the members are represented
by their presidents / directors general or their authorised
representatives.
(2) Only the President and eventually the Commissioner for European
Relations can act in the name of the FORUM. If a member wishes the
FORUM to act he shall contact the President.
(3) The Plenary Assembly may establish working groups for
co-operation in professional questions on the technical level.
(4) Close bilateral professional contacts between the members
outside the official FORUM activities are advocated.
Article 12 Official statements of the FORUM
(1) The FORUM strives to give its view in writing on programmes and
occurrences with strong social political relevance for the European
insurance against accidents at work and occupational diseases from
the sphere of, e.g., the European Commission, the European
Parliament, the European Court of Justice or the Council of Europe.
(2) Such statements need the consent of all members whose countries
are members in the European body in question.
(3) In case a member can not agree with one or the other item of a
FORUM statement this shall be indicated in the statement.
(4) In case a member can not support a FORUM statement at all the
statement cannot be made in the name of the FORUM. In such a case
the other members may give the statement in their own name.
(5) Statements which did not find the approval of all members shall
be put on the agenda of the next Plenary Assembly for discussion.
(6) Due to possible practical or time necessities deadlines may be
fixed for participation in statements.
Article 13 Partnerships of the FORUM
(1) The FORUM shall strive to be a leading interlocutor of the EU.
(2) The FORUM has a short-term (one year) and a permanent address.
The address of the acting President is the short-term address, the
address of the Commissioner for European Relations is the permanent
address.
(3) The members have the possibility to institutionalise the FORUM
more formally in the future. This also applies to a permanent
location of the FORUM headquarters.
(4) The FORUM shall co-operate closely with European interest groups
representing social insurance institutions such as the European
Forum Health Insurance and the European Forum Pension Insurance.
Article 14 Co-operation with the International Social Security
Association (ISSA)
(1) The co-operation of the FORUM with the International Social
Security Association is settled under an agreement which is enclosed
in the Statutes as an annex.
(2) Furthermore the FORUM shall co-operate with institutions being
active in the field of insurance against accidents at work and
occupational diseases world-wide.
Article 15 Fees and costs
(1) The FORUM shall not impose membership fees.
(2) The costs of organising events shall, as a rule, be borne by the
host institution. However, participation fees may be levied for
FORUM events.
(3) The costs of implementing joint projects shall be spread among
members as agreed on a case-by-case basis.
(4) The FORUM shall make every effort to obtain EU funds for
activities, such as conferences, which are conducive to the process
of European convergence.
(5) Assuming special technical and financial tasks by individual
members is advocated; nevertheless, as a rule, an equal engagement
of all FORUM members is to be aimed at.
Article 16 Charter of the Statutes
The Statutes of the FORUM, layed down in the Charter of June 20,
1992, are kept at the Istituto Nazionale per l'Assicurazione contro
gli Infortuni sul Lavoro (INAIL) in Rome.
Oporto, 21 June 2001
For the institutions of insurance against accidents at work and
occupational diseases
in the Republic of Austria
in the Kingdom of Belgium
in the Kingdom of Denmark
in the Republic of Finland
in the French Republic
in the Federal Republic of Germany
in the Greek Republic
in the Italian Republic
in the Grand Duchy of Luxembourg
in the Kingdom of Norway
in the Republic of Poland
in the Portuguese Republic
in the Russian Federation
in the Kingdom of Spain
in the Kingdom of Sweden
in the Swiss Confederation |
