No C 12/4 Official  Journal  of the European  Communities 17.1.  76 
Opinion  on the action  programme  in favour  of migrant  workers  and  their  families 
The text  referred  to the Committee  has not been  published  in the Official  Journal  of 
the European  Communities. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 14 January  1975,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  198  of the Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE  * 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
134th  plenary  session,  held  in Brussels  oil 29 and 30 October  1975. 
The full text of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to Article  198  of the  Treaty 
establishing  the European  Economic  Community, as the ILO,  the Council  of Europe  and  the OECD; 
whereas  these  organizations  have  adopted 
international  instruments  that  are of relevance  to the 
action  programme; 
Having  regard  to the request  for an opinion  made  by 
the Council  on 14 January  1975, 
Having  regard  to the decision  taken  by its Bureau  on 
28 January  1975,  instructing  the Section  for Social 
Questions  to draw  up an opinion  and a report  on the 
action  programme  in favour  of migrant  workers  and 
their  families, Whereas  since  its inception,  the Economic  and  Social 
Committee  has repeatedly  discussed  migrant  workers' 
problems,  particularly  in its opinions  on Regulations 
and Directives  concerning  the  free  movement  and 
social  security  of migrant  workers,  and in its opinions 
on the social  situation  in the Community  and matters 
pertaining  to migration; 
Having  regard  to the opinion  issued  by the Section 
for Social  Questions  on 17 October  1975, 
Having  regard  to the  report  submitted  by  Mr 
Purpura, 
Having  regard  to the discussions  at its 134th  plenary 
session  held  on 29 and  30 October  1975  (meeting  of 
30 October), 
Whereas  migration  involves  some  six million  workers 
(only  one  third  of whom  are nationals  of Member 
States),  and  approximately  four  million  members  of 
migrant  workers'  families; 
Whereas  migrant  workers'  problems  and  those  of 
their  families  have  been  the subject  of studies  and 
recommendations  of international  organizations,  such Whereas  the current  position  in labour-exporting  and 
labour-importing  countries  as regards  migration 
should  be known  as accurately  as possible,  through 
precise  information  and statistics  compiled  according 
to a Community  method; 
Reaffirming  the  need  to integrate  the  action 
programme  in the  Community's  social  policy,  and 
have  due  regard  to the programme's  extremely  close 
links  with  employment  policy  and other  EEC  policies; 
Affirming  that the Council  ought  to adopt  the action 
programme  as a matter  of urgency,  and  thus  enable 
the various  implementing  measures  to be taken  by 
17.1.76 Official  Journal  of the European  Communities No C 12/5 
means  of  Regulations,  Directives  and  other 
instruments  provided  for in the Treaty; 
Whereas  it is necessary  to ensure  that  the programme 
is a clear-cut,  practical  instrument  by (a) specifying 
the priority  of certain  measures  vis a vis others;  (b) 
laying  down  dates  and  deadlines;  (c) providing  the 
requisite  funds, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with two  abstentions: 1.3. The  Committee  would  preface  its comments 
by an expression  of regret  at the delay  in drawing  up 
and submitting  the programme.  The  Community  has 
let the best  years  of economic  growth  slip  by, without 
adopting  an overall  approach  to the issue.  When  the 
economy  was  expanding,  the  problems  were  less 
critical  than  they  are  now.  Yet  throughout  those 
years,  the  Committee  repeatedly  called  the 
Commission's  and  the  Council's  attention  to the 
magnitude  and  urgency  of  migrant  workers' 
problems.  It did  so  in  its  opinions  on  the 
Commission's  annual  reports,  its opinions  on social 
policy  guidelines,  and  in various  other  documents. 
The sheer  number  of migrants  and  the importance  of 
related  issues  mean  that  further  delay  in Community 
action  is inadmissible. 
The Committee  approves  the  action  programme  in 
favour  of migrant  workers  and  their  families,  subject 
to the following  general  and  specific  comments  and 
proposals: 
I. GENERAL  COMMENTS  AND  PROPOSALS 
1. MIGRATION  AND  THE  ACTION  PROGRAMME 
1.1. First  and  foremost,  the  Committee  would 
congratulate  the  Commission  on having  drawn  up 
the programme  and  submitted  it to the Council.  The 
programme  covers  measures  of great  importance 
which  are  designed  to further  the  interests  of a 
particular  sector  of society,  namely  migrant  workers. 
1.2. Over  the years,  the Community  (that  is to say, 
the Commission  and  the Council)  has  given  effect  to 
clear-cut  provisions  of the  Treaty  of Rome,  such  as 
Articles  48 and  49  (freedom  of movement)  and 
Article  51 (social  security  for migrant  workers).  The 
Council  has also  adopted  two  recommendations,  one 
on housing  and  one  on the social  services. 
Migrant  workers  from  non-member  countries  have 
been  outside  the range  of Community  action.  Yet  the 
nationality  mix  of the  migrant  labour  force  in the 
EEC  has  been  completely  reversed  in recent  years. 
For the first  10 years  following  the inception  of the 
European  Community,  the bulk  of migrant  workers 
came  from  within  the  Community  (Italy  in 
particular).  In the past  few  years  Community  workers 
have  accounted  for  only  30 % of the  total,  the 
remaining  70 % coming  from  non-member  countries. 
The new  pattern  is particularly  apparent  at the 
moment. 2. THE  FEATURES  OF THE  PROGRAMME 
2.1. A GLOBAL  PROGRAMME 
2.1.1.  The  Committee  agrees  with  the Commission 
that the  programme  ought  to be drawn  up  and 
implemented  on the basis  of an overall  approach.  In 
other  words,  the  programme  must  cover  every 
relevant  issue  and  side  issue  —  including  the 
pertinent  aspects  of economic,  regional,  industrial 
and development  policies. 
2.1.2.  An  overall  approach  presupposes  a 
thorough  knowledge  of  the  quantitative  and 
qualitative  aspects  of migration.  It also  calls  for 
concrete,  objective  analysis  of the  economic  and 
social  situation  of the labour-exporting  countries  and 
of those  countries'  demographic  policies. 
2.1.3.  Finally,  having  an overall  approach  means 
that the programme  must  cover  all migrant  workers, 
whether  they  be nationals  of Member  States  or of 
non-member  countries.  This  does  not imply  abolition 
of the  distinction  between  workers  from  within  the 
EEC  and  workers  from  non-member  countries.  The 
Treaty  provides  definite  legal  norms  which  apply 
solely  to workers  from  within  the  EEC.  But  all 
discrimination  between  EEC  and  non-EEC  workers 
as regards  living  and  working  conditions  will 
gradually  have  to disappear,  and  so the programme 
must  also  cover  migrant  workers  from  non-member 
countries.  Reference  should  be made  here  to the 
Council  resolution  of 21 January  1974. 
No C 12/6 Official  Journal  of the European  Communities 17.1.  76 
2.2. THE  ECONOMIC  ASPECTS  OF  THE  PRO-
GRAMME must  be provided  to increase  job  opportunities,  but 
workers  should  not be forced  to leave  their  countries 
and families  in order  to earn  a living. 
2.2.1.  In  order  to resolve  migration  problems 
properly,  it is necessary  to take  stock  of the 
advantages  and  disadvantages  of migration  for 
labour-importing  and  labour-exporting  countries. 
The Committee  appreciates  the efforts  made  by the 
Commission  in this  area  in the  introduction  to the 
action  programme,  and  urges  this  effort  be 
continued. 
2.2.2.  The  Committee  would  reiterate  a point 
made  in its opinion  of June  1973  on the  social 
situation  in the Community,  viz.  the perpetual  danger 
of considering  migrant  workers  purely  and  simply  as 
factors  of production.  This  applies  just  as much  to 
countries  who  export  labour  because  of their 
particular  needs,  as it does  to host  countries. 
2.3. THE  ROLE  OF  REGIONAL  POLICY 
2.3.1.  Migration  may  have  had,  and  may  still  have, 
a considerable  adverse  impact  on the  economic  and 
productive  equilibrium  of the  various  Community 
regions.  As the  Commission  notes,  migration  'has 
contributed  to the  concentration  of resources  and 
manpower  in the Community's  central  areas'  to the 
detriment  of  economic  advance  in  the 
under-developed  regions.  There  is,  therefore,  an 
urgent  need  for a balanced  policy  on area  planning  in 
the EEC.  There  is a close  connection  between 
regional  policy  and  the  problems  besetting  the 
under-developed,  labour  exporting  areas  of the 
Community. 2.4. THE  APPLICATION  OF  INDUSTRIAL,  AGRICUL-
TURAL,  SOCIAL  AND  DEVELOPMENT-COOPER-
ATION  POLICIES 
2.4.1.  The  Committee  has no doubt  that  there  is a 
very close  relationship  between  migration  policy  and 
the other  EEC  policies,  notably  those  on industry, 
agriculture  and  development  cooperation.  The  Com-
mission  should  try to see to it that  Community  action 
in these  sectors  helps  to resolve  migration  problems. 
2.4.2.  The  common  agricultural  policy  has  a 
considerable  potential  contribution  to make.  The 
exodus  from  the land  and  the ageing  of the farming 
population  are due,  in many  cases  to migration  from 
under-developed  areas  to industrial  centres.  Thought 
should  be given  as to how  agriculture  and  the rural 
regions  can  attract  and  use  young  workers.  For  it is 
the young  workers  who  are  foresaking  the  land 
because  they  are attracted  by industry  and  the wages 
it offers. 
2.4.3.  Lastly,  the  Committee  welcomes  the  fact 
that the Council  has  made  the programme  a central 
component  of EEC  social  policy.  This  makes  it 
possible  to use  basic  instruments,  such  as the  EEC 
social  fund  and  social  security  machinery,  in the 
interests  of migrant  workers  and  their  families. 
2.3.2.  The  Committee  refers  back  to previous 
opinions  on  regional  policy  matters.  As  far  as 
migration  is concerned,  the Committee  reaffirms  that 
'a major  effort  must  be made  to achieve  industrial 
decentralization  and  to  pursue  a  vigorous 
regional-development  policy  within  the Community'. 2.4.4.  An  action  programme  in favour  of migrant 
workers  cannot  be isolated  from  the  contribution 
that the Community  must  make  at international  level 
towards  establishing  a better,  balanced  employment 
situation  in all areds  where  large  numbers  are out of 
work. 
2.5. FUNDS  TRANSFERRED  BY  MIGRANTS  TO 
2.3.3.  With  this  in mind,  the Committee  reiterates  THEIR  COUNTRIES  OF ORIGIN 
the need  to encourage  the creation  of jobs  in areas 
where  manpower  is available.  It is not enough  merely 
to state  that  emigration  ought  not to be 'the  outcome 
of economic  pressures',  but  'an  expression  of the  2.5.1.  Remittances  to countries  of origin  are  an 
right  to choose  employment'.  The  requisite  funds  economic  issue.  They  are  mentioned  here  because, 
17.1.76 Official  Journal  of the European  Communities No C 12/7 
although  remittances  by Community  workers  are 
dealt  with  by Regulation  (EEC)  No  1612/68  on 
freedom  of movement,  rules  still  have  to be laid 
down  (except  in certain  specific  cases)  for  workers 
from  non-member  countries. 
2.5.2.  Given  the present  state  of the  international 
exchange  market,  the Committee  draws  the attention 
of the Commission  and  the Council  to the need  to lay 
down  precise,  fair  legal  rules  (a) permitting  migrants 
from  non-member  countries  to send  their  savings  to 
their  families  in their  place  of origin,  and  (b) ensuring 
that exchange  losses  or devaluation  do not reduce  the 
rfioney  value  of  remittances,  and  make  them 
insufficient  for the aims  pursued  at great  sacrifice  by 
migrant  workers. 
3. EEC  ACTION  ON  BEHALF  OF  MIGRANT 
WORKERS 
3.1. THE  PRACTICALITY  AND  TIMELINESS  OF  THE 
ACTION 
3.1.1.  The  Committee  welcomes  the  programme, 
but feels  that  it should  not only  specify  measures,  but 
also (and  above  all) give  dates  and  deadlines  for their 
implementation.  Unless  practical  proposals  are made, 
and dates  and  deadlines  laid  down  for  their 
implementation,  the  Community  cannot  claim  to 
have  a real  social  policy. 
3.2. THE  LEGAL  BASIS  FOR  IMPLEMENTING  THE 
PROPOSALS 
3.2.1.  The  Committee  considers  that  the  legal 
problem  can  be resolved  on the basis  of the Treaty. 
Where  the  Treaty  makes  express  provisions,  these 
must  constitute  the  legal  basis.  Accordingly, 
free-movement  proposals  should  be based  on Articles 
48 and  49,  and  social-security  proposals  on Article 
51. Proposals  pertaining  to the  EEC  Social  Fund 
should  be based  on Articles  123  et seq. 
3.2.2.  Where  the  Treaty  contains  no  express 
provision  capable  of serving  as a basis  for individual 
proposals,  two  courses  of action  remain  open.  The first is use  of Article  235.  The  second,  coordinating 
the migration  laws  and  policies  of the Member  States 
and labour-exporting  countries. 
3.2.3.  As  regards  use of Article  235,  the Committee 
would  point  to all the  occasions  on which  it has 
called  for application  of this  Article  for social  policy 
ends,  in particular  in respect  of matters  mentioned  in 
Articles  117  and  118.  The  Committee  welcomes  the 
statement  made  in the  Council  resolution  of 21 
January  1974  concerning  a social  action  programme, 
to the effect  that  the Council  is willing  to use Article 
235. Experience  with  the  use  of Article  235  as the 
basis  for  Regulations,  Directives  and  recommenda-
tions  on migrant  workers  will  show  whether  it is 
capable  of satisfying  the  social  exigencies  of the 
Community. 
3.2.4.  The  second  possibility  lies  in coordinating 
Member  States'  migration  laws  and  policies,  and  a 
coordinated  Community  policy  on migration  from 
non-member  countries.  The  Commission  refers  to 
this point  in the programme,  where  it says  that  it is 
vital to 'establish  coordination,  at Community  level, 
of the  national  policies  of Member  States  towards 
migration  and  migrants,  as well  as taking  the 
problem  of migration  into  account  in drawing  up 
Community  policies  in other  areas'. 
3.2.5.  More  generally,  whatever  legal  basis  is 
adopted  the  application  of existing  and  future 
measures  should  be supervised  and  migrant  workers 
should  be fully  informed  of their  rights. 
4. THE  OBJECTIVES  OF  THE  PROGRAMME 
4.1. THE  ELIMINATION  OF  DISCRIMINATION 
4.1.1.  The  Commission  considers  that  one  of the 
basic  objectives  of the  programme  is the  gradual 
elimination  of all  discrimination  in respect  of 
migrants'  living  and  working  conditions.  The 
Commission  holds  that  this  should  apply  to 
non-member  country  migrants. 
4.1.2.  The  Committee  concurs  with  this  objective 
and would  make  the following  comments: 
(a) any  remaining  discrimination  between  indigenous 
workers  and  Community  migrant  workers  must 
No C 12/8 Official  Journal  of the European  Communities 17.1.  76 
be eliminated  in accordance  with  the  general 
principles  of  the  Treaty.  Happily,  such 
discrimination  is not  practised  on a large  scale, 
although  it is widespread  enough  to prevent 
Community  migrant  workers  from  thinking  of 
themselves  as 'European  citizens',  that  is to say 
active  members  of the  Community  of States 
created  by the Treaty  of Rome; 
(b) consideration  should  be given  to the  scope  for 
eliminating  discrimination  between  State 
nationals  and  non-Community  migrants  in 
respect  of  working  conditions,  vocational 
training,  social  security  benefits,  trade  union 
rights,  the  right  of migrant  workers  to be 
accompanied  by their  families,  etc.  Ways  should 
also be  examined  of making  it easier  for 
non-EEC  workers  to obtain  work  in a Member 
State  and  take  up permanent  residence  after  they 
have  lived  there  for some  time. 
4.1.3.  Everything  possible  must  be  done  to 
integrate  migrant  workers  — whatever  their  origin  — 
into the  life  of the  host  country,  side  by side  with 
indigenous  workers.  It is in this  light  that  the 
Committee  will  assess  the individual  proposals  of the 
programme,  and  the programme  as a whole. (a) the  straightforward,  rational  elimination  of the 
remaining  discriminations  in the  field  of social 
security; 
(b) the  review  of measures  dictated  by the  need  to 
safeguard  public  order  and  public  health; 
(c) full  enjoyment  of trade  union  rights  by all 
workers  from  EEC  Member  States; 
(d) the  gradual  granting  of civic  and  political  rights 
to migrant  workers; 
(e) coordination  of policies  on migration. 
4.3. COLLABORATION  OF  EMPLOYERS'  ORGANIZ-
ATIONS  AND  TRADE  UNIONS 
4.3.1.  Collaboration  and  mutual  agreement 
between  the  Council,  the  Commission  and  all 
interested  organizations  are required  in order  to (a) 
finalize  the  programme,  (b)  formulate  practical 
proposals,  (c)  identify  the  relative  importance  of 
N measures  which  will  have  to be adopted  over  a long 
period  of time,  and  (d) put the proposals  into  effect. 
4.2. TRANSCENDING  NATIONAL  BOUNDARIES 
4.2.1.  Partial  solutions  to  migrant  workers' 
problems  will  be facilitated  greatly  if the concept  of 
nine 'national  territories'  can  soon  be transcended 
and supplanted  by  the  concept  of  a single 
'Community  territory'. 4.3.2.  Furthermore,  the  Commission  and  the 
Council  must  take  advantage  o>f the expertise  and 
practical  experience  of Community  bodies  such  as the 
Standing  Committee  on  Employment  and  the 
Advisory  Committees  on Freedom  of Movement  for 
Workers,  Vocational  Training,  the  Social  Fund  and 
Social  Security  for Migrant  Workers.  The  time  has 
come  to make  use  of the  European  Foundation  for 
the Improvement  of Living  and  Working  Conditions, 
which  could  be instructed  to carry  out  studies  and 
research. 
4.2.2.  The  problem  is undeniably  political,  and 
cannot  be  resolved  merely  from  the  angle  of 
Community  social  policy.  But  the problem  is also  a 
technical  one,  and  fraught  with  practical  implications. 
The Treaty's  draftsmen  were  inspired  by the idea  of a 
'Community  territory'  of six  (now  nine)  countries. 
They  looked  on the  free  movement  of individuals, 
goods  and  capital  as  the  initial,  tangible 
manifestation  of their  unitarian  approach. 4.3.3.  Significant  results  cannot  be  obtained 
without  direct  constant  collaboration  with  trade 
unions  and  employers'  associations  at EEC  level  and, 
above  all, in the Member  States.  These  organizations 
are on the  spot  and  in constant  contact  with  the 
categories  of migrant  worker  involved.  They  are, 
therefore,  in a better  position  to know  migrant 
workers'  needs  and  aspirations,  and  take  the 
appropriate  steps  in agreement  with  national  regional 
and local  authorities. 
4.2.3.  Examples  of what  could  be achieved  for 
Community  migrants  by  a broader  and  more 
advanced  concept  of 'the  Community  territory'  are: 4.3.4.  The  Committee  is willing  to collaborate  as 
regards  specific  proposals  and  the  programme's 
general  guidelines  and  underlying  principles. 
17.1.76 Official  Journal  of the European  Communities No C12/9 
5. THE  ECONOMIC  SITUATION  AND  MIGRANT 
WORKERS 
5.1. To  round  off  these  general  comments,  the 
Committee  would  draw  the attention  of the member 
governments  and  the  Commission  to the  awkward 
implications  for migrant  workers  and  their  families  of 
the economic  recession  in the EEC. 
In recent  months  unemployment  has  increased 
considerably  in the  Nine,  albeit  to a varying  extent 
from  one  country  to another.  A fresh  wave  of 
redundancies  is on the  horizon,  due  to the rescaling, 
restructuring  and  reorganization  of firms.  In some 
EEC  regions,  many  firms  are on short  time.  Not  all 
workers  on short  time  are  covered  by guaranteed 
earning  schemes  which  ensure  that  they  receive  a 
proportion  of wages  for the hours  they  are laid  off. 
Migrant  workers  are often  the first  to be put on short 
time,  and  many  of them  have  been  made  redundant 
or live  in fear  of dismissal. 
5.2. In  order  to come  to grips  with  this  state  of 
affairs,  urgent  measures  must  be taken  to ensure  that 
production  picks  up  again  as soon  as possible. 
Moreover,  the  Member  States  should  implement 
Directive  75/129/EEC  of 17 February  1975  on the 
approximation  of the  laws  of the  Member  States 
relating  to collective  redundancies.  The  Committee 
welcomed  the  draft  Version  of this  Directive  in an 
opinion  adopted  on 27 June  1973. 
5.3. At  all events,  the  Committee  considers  that 
\ the  following  social  security  measures  are  necessary 
and urgent: 
(a) re-appraisal  of Council  Regulations  (EEC)  No 
1408/71  and  (EEC)  No 574/72  on the application 
of social  security  schemes  to employed  persons 
and their  families  moving  within  the Community. 
The aim  here  would  be  to:  (i)  eliminate 
immediately  restrictions  on  eligibility  for  un-
employment  benefits,  (ii) place  unemployed  EEC 
migrants  on the  same  footing  as unemployed 
nationals; 
(b) adoption  of a Council  resolution  urging  the 
Member  States  to draft  and  implement  as a 
matter  of  urgency,  a programme  of  social 
assistance  for redundant  EEC  nationals  who  are 
forced  to return  to their  countries  of origin; (c) adoption  of a Council  resolution  urging  the 
Member  States  to apply  bilateral  agreements  with 
a great  deal  of flexibility  and  progressively  to give 
migrants  from  non-member  countries  the  same 
unemployment  benefits  entitlement. 
II. SPECIFIC  COMMENTS  AND  PROPOSALS 
6. PRELIMINARY  REMARKS 
6.1. Before  turning  from  the general  to the specific 
elements  of the  programme,  the  Committee  would 
reiterate  one  particular  point  (which  also  applies  to 
the above).  At least  for the present  and  the immediate 
future,  the aim  of abolishing  discrimination  does  not 
necessarily  have  to be pursued  by adopting  uniform 
rules  applying  to both  EEC  workers  and  migrants 
from  non-member  countries. 
6.2. In  certain  spheres,  differences  rooted  in the 
nature  of the legal  instruments  used  and  the contents 
of the  relevant  provisions  may,  and  perhaps  should, 
persist  as regards  free  movement  and  social  security 
for migrant  workers,  and  migrants'  eligibility  for civic 
and political  rights. 
6.3. On  the  other  hand,  workers,  whatever  their 
country  of origin,  must  be treated  alike  with  regard  to 
the following:  employment  contracts,  wages,  working 
conditions  (working  hours,  weekly  rest  days,  paid 
holidays,  seniority,  protection  of women,  and  the 
like),  collective  agreements,  social  welfare,  housing, 
social  services  and  so forth,  vocational  training  and 
general  education,  and  occupational  health  and 
safety.  In  these  spheres,  the  abolition  of 
discrimination  has concrete  effects. 
7. FREE  MOVEMENT  OF  WORKERS  AND  ALLIED 
RIGHTS 
7.1. FREE  MOVEMENT 
7.1.1.  In  the  Council  resolution  of 21  January 
1974,  it is explicitly  stated  that  the action  programme 
in favour  of migrant  workers  is to aim,  in particular, 
'to improve  the conditions  of free  movement,  within 
the Community,  of workers  from  Member  States'. 
No C 12/10 Official  Journal  of the European  Communities 17.1.  76 
7.1.21  The  legal  basis  is provided  by Articles  48 
and 49 of the  Treaty,  and  two  instruments  adopted 
on 15 October  1968,  namely  Council  Regulation 
(EEC)  No  1612/68  and  Council  Directive 
68/360/EEC  on  the  abolition  of restrictions  on 
movement  and  residence  within  the Community  for 
workers  of Member  States  and  their  families.  The 
current  rules  constitute  a radical  innovation.  The 
earlier  systems  were,  in fact,  the result  of bilateral  or 
multilateral  agreements,  and  were  based  on priority 
for national  workers.  In essence,  the  current  rules 
replace  the concept  of 'migrant  worker'  by that  of 
'worker  from  a Member  State  who  moves  to another 
Member  State  to find  work  or take  up employment'. 
This  is more  consonant  with  the Treaty  of Rome. 7.1.5.  The  Commission  admits  that  'there  remain, 
however,  certain  difficulties  to the full  achievement  in 
practice  of free  movement'.  It numbers  among  these 
difficulties  the fact  that  Member  State  citizens  who 
seek jobs  in other  Member  States  lack  the  fullest 
possible  information  on vacancies,  and  the categories 
of workers  and  the skills  required.  The  Commission 
adds  that  the European  system  for the exchange  of 
information  about  labour  supply  and  demand 
(SEDOC)  is due to be in operation  by mid-1975. 
The Committee  welcomes  the  Commission's 
initiative,  which  it would  like  to see implemented  as 
soon  as possible,  but  fears  that  SEDOC  will  not 
become  operational  until  31 December  1975. 
7.1.3.  It  is as well  to stress,  however,  that  a 
migrant  from  one  of the  EEC  Member  States  does 
not lose  his  nationality  and  acquire  'European 
citizenship'.  The  unification  of the  territories  of the 
Nine,  together  with  the  implementation  of free 
movement,  will  eventually  lead  to the abolition  Qf all 
nationality-based  discrimination  appertaining  to 
employment,  pay  and  other  working  conditions, 
including  social  security.  But  the  individual  worker 
remains  a national  of one  Member  State.  He is a 
'Community  worker',  and  the  Community  element 
will become  more  and  more  important  as the 
alignment  of national  social  laws,  under  Articles  117 
and 118  of the Treaty,  gains  momentum  and  starts  to 
take effect.  But he is not  yet a 'Community  citizen' 
(or a 'European  citizen',  to use a common  term). 
7.1.4.  The  'status'  of European  workers  clearly 
hinges  on full  application  of provisions  of free  move-
ment.  These  provisions  erode  and  limit  the scope  of 
national  laws  on the legal  status  of aliens,  but do not 
make  them  completely  redundant.  Of course,  this 
national  legislation  (described  by the Commission  in 
its programme  as 'very  restrictive'),  applies  more  to 
workers  from  non-member  countries  than  to workers 
from  within  the EEC.  Nevertheless,  the latter  may  be 
affected  by such  legislation,  albeit  to a lesser  degree 
than non-Community  workers. 
Accordingly,  the Committee  would  reiterate  a point 
made  in its opinion  of 29 November  1973  on the 
social  action  programme:  'Member  State  legislation 
on aliens  which  does  not prevent  unjustified  decisions 
by the relevant  authorities  should  be reviewed  in all 
the Member  States  in accordance  with  liberal, 
constitutional  and  democratic  principles'. 7.1.6.  The  Committee  would  confirm  the position 
which  it has  adopted  in this  regard  on  various 
occasions  in the past: 
(a) it pressed  for an employment  policy  designed  to 
ensure  optimum  matching  of supply  and  demand 
on the labour  market; 
(b) it stated  that  under  a progressive  employment 
policy,  the free  movement  of labour  ought  to be 
considered  as an individual  right  of the worker; 
(c) it deplored  the  inefficiency  of  clearance 
machinery  for  matching  job  vacancies  and 
job-seekers.  This  had  failed  to function  in 
practice.  Lessons  should  be learned  from  the 
practical  experience  acquired  and  the machinery 
should  be used  more. 
7.1.7.  The  Committee  would: 
(a) point  out  that  it would  be useful,  and  perhaps 
necessary,  to work  out  a list  of activities  and 
occupations;  this  would  facilitate  exchanges  of 
information  on  labour  supply  and  demand, 
through  Community  clearance  machinery; 
(b) recommend  that  the  Commission  reform  the 
Advisory  Committee  on Freedom  of Movement 
for Workers,  and  convene  it more  often.  This 
will bring  to  light  what  the  interested 
17.1.76 Official  Journal  of the European  Communities No C 12/11 
occupational  groups  consider  are  the  problems 
involved  in applying  Regulation  (EEC)  No 
1612/68.  Their  ideas  can  then  be  used  in' 
overcoming  the problems. 
7.2. PRIORITY  OF  EMPLOYMENT  FOR  COMMUNITY 
WORKERS 
7.2.1.  'The  introduction  of an effective  system  of 
job information  is important  not  only  in matching 
supply  and  demand  on  the  Community  labour 
market,  but  in facilitating  the practical  operation  of 
Community  preference'.  This  view,  stated  by the 
Commission  in its programme,  is shared  by the 
Committee. 
7.2.2.  The  Committee  considers  that  the principle 
of priority  for  Member  State  nationals  in 
employment  must  be  maintained  and  applied. 
Workers  coming  from  other  Member  States  must  be 
put in a different  category  to workers  from  outside 
the Community,  and  must  be treated  in the same  way 
as the indigenous  worker.  This  will  enable  workers 
from  Member  States  to feel  that  they  genuinely  are 
'Community  workers'  and  not  just  nationals  of a 
Member  State.  This  is one  of the  ways  in which  a 
European  awareness  and  a European  will  can 
develop  in this  particular  field. 
Given  the  current  considerable  stresses  on  the 
Community  labour  market,  the  Committee  believes 
that the principle  ought  to apply,  not only  to access 
to employment,  but  also  to security  of employment. 
It asks  the Commission  to submit  specific  proposals 
to this  end  as soon  as possible.  The  interests  of 
workers  from  non-member  countries  ought,  on the 
other  hand,  to be protected  by migration  policies  and 
in accordance  with  the  Council  resolution  of 
21 January  1974. 
7.3. THE  RIGHT  TO  REMAIN 
7.3.1.  The  right  to remain  in the  territory  of a 
Member  State  after  having  worked  there  ties  in with 
the subjective  right  of free  movement.  The  question  is 
of importance  for  both  the  employed  and 
self-employed  who  have  exercised  an activity  in a 
Member  State  other  than  their  country  of origin  by 
virtue  of the right  of establishment  or the freedom  to 
supply  services. In its action  programme,  the  Commission  proposes 
extending  to employed  workers  from  the Community 
'the more  favourable  residence  rights'  which  have 
been  proposed  for  the  self-employed.  These  rights 
have,  in fact,  already  been  enacted  by  Council 
Directive  75/34/EEC  of 17 December  1974  on the 
right  of nationals  of a Member  State  to remain  in the 
territory  of another  Member  State,  after  having 
pursued  therein  an  activity  in a self-employed 
capacity.  Among  the  more  interesting  provisions  of 
Directive  75/34/EEC  is one  whereby  a period  spent 
by the self-employed  worker  on military  service  or to 
satisfy  military  obligations  may  be considered  as not 
interrupting  his continuity  of residence. 
7.3.2.  The  Commission's  proposal  strengthens  the 
right  of Community  workers  and  their  families  to 
freedom  of movement.  The  Committee  endorses  the 
proposal. 
7.3.3.  In  passing,  the Committee  emphasizes  that 
the right  to remain  in a Member  State  is tied  up with 
the housing  issue  (discussed  below).  Take  the case  of 
a house  or other  accommodation  built  by  the 
employer  and  rented  out  to the employee.  How  can 
the worker  and  his family  hold  on to their  home  once 
his employment  contract  has  terminated?  At  all 
events,  when  an EEC  migrant's  employment  contract 
is terminated,  that  migrant  ought  to receive  the same 
treatment  as an indigenous  worker  in the  same 
circumstances. 
7.4. MINOR  SOCIAL  SECURITY  BENEFITS 
7.4.1.  In  its programme,  the  Commission  finds 
itself  obliged  to admit  that  'full  equality  of treatment' 
has not  been  attained  between  nationals  of host 
countries  and  EEC  migrants  as regards  living  and 
working  conditions.  'Certain  imperfections  and  gaps 
still remain'.  As a remedy,  the Commission  proposes 
extending  to workers  from  other  Member  States  and 
their  families  'those  social  benefits  which  are,  directly 
related  to the exercise  of paid  employment  and  which 
are at present,  confined  by the  Member  States  to 
their  own  nationals'.  The  examples  quoted  include 
reduced  public  transport  fares,  aid to large  families 
(apart  from  family  allowances)  and  special  aid to the 
handicapped  (apart  from  social  security  benefits). 
No C 12/12 Official  Journal  of the European  Communities 17.1.  76 
The Committee  fully  agrees  with  the Commission's 
proposal.  Acceptance  of the  proposal  will  eliminate 
the current  discrimination  as between  nationals  and 
EEC  migrants  (bearing  in  mind  that  such 
discrimination  is felt  more  acutely  by  the  EEC 
migrant  because  it affects  his everyday  life).  But this 
is not  all,  it will  also  cause  the  concept  of the 
'Community  worker'  to crystallize.  This  concept  will 
break  down  the barriers  at the frontiers  between  the 
Nine,  eliminate  small  irritants  and  painful 
humiliations  and  create  an awareness  of tangibly 
belonging  to the Community. 
The Court  of  Justice  has  held  that  the 
abovementioned  benefits  should  be granted  as a part 
of equality  of  treatment.  Such  action  would, 
therefore,  constitute  a correct  interpretation  of the 
law as it stands  at present,  rather  than  an extension 
of rights.  The  mention  of migrant  workers'  relatives 
as being  eligible  for  the  abovementioned  social 
benefits  is,  however,  of  particular  significance, 
especially  in the light  of the decisions  of the Court  of 
Justice.  The  Committee  trusts  that  the Commission 
will take  action  on the  basis  of these  decisions  to 
support  efforts  by workers  to abolish  discriminatory 
practices  that  still  exist. 
7.5. THE  RE-UNITING  OF  FAMILIES 
7.5.1.  An  extremely  important  proposal  by the 
Commission  is that  the  Member  States  should  be 
induced  to give  'the  right  of entry  to all  those 
members  of the mirgant's  family  who  are dependent 
upon  him  or who  lived  under  the same  roof  in the 
country  of origin'. 
7.5.2.  This  question  is governed  by Article  10 of 
Regulation  (EEC)  No 1612/68,  which  lays  down  that 
a worker  from  a Member  State  may  be accompanied 
or joined  by  his  family,  provided  that  he  has 
available  'housing  considered  as normal  for national 
workers  in the  region  where  he is employed'.  The 
said Article  10 gives  a definition  of the  migrant 
worker's  family  or rather  of the composition  of such 
a family  viz.  'his  (the  worker's)  spouse  and  their 
descendants  who  are under  the age of 21 years  or are 
dependents',  and  'dependent  relatives  in  the 
ascending  line  of the worker  and  his spouse'. 
7.5.3.  But  side  by side  with  what  might  be termed 
a rigid  definition,  Article  10 gives  another  wider  and 
more  realistic  one.  This  includes  relatives  who  are 'dependent  on the  worker'  ... 'or  living  under  his 
roof'. 
In the  Committee's  view,  the  family  members 
authorized  to accompany  the EEC  migrant  worker  or 
join him  in the  host  country  should  comprise  the 
spouse,  descendants  who  are  minors  or dependants, 
relatives  in the ascending  line  of the  worker  or the 
spouse,  and  other  relatives  providing  they  are 
dependent  on the worker  and  live  in accommodation 
he occupies  (or  had  occupied)  in his  country  of 
origin.  Only  this  enlarged  concept  of the  migrant 
worker's  family  (adopted  in international  labour 
recommendation  No 151  of June  1975)  is capable  of 
facilitating  the free  movement  of EEC  workers. 
7.5.4.  It  is clear  that  Article  11 of Regulation 
(EEC)  No 1612/68  ought  to apply  to all the relatives 
covered  by  the  enlarged  definition.  Article  11 
provides  that  relatives  to whom  it applies  'shall  have 
the right  to take  up any  activity  as an employed 
person  throughout  the  territory  of that  same  State, 
even  if they  are not nationals  of any  Member  State'. 
7.6. TRADE  UNION  RIGHTS,  AND  OTHER  ALLIED 
PUBLIC  LAW  RIGHTS 
7.6.1.  In  its action  programme,  the  Commission 
states  that  it is necessary  'to eliminate  the obstacles 
which  still  exist  in certain  Member  States  with  regard 
to the  exercise  of trade  union  rights,  including  the 
right  to participation  as a trade  union  representative  _ 
in the management  of public  law  bodies  and  for the 
exercise  of public  law office'. 
7.6.2.  We  shall  deal  with  the  Commission 
proposals  one  by one. 
A. Trade  union  rights 
7.6.3.  The  Committee's  position  is that  migrant 
workers  from  Member  States  ought  to enjoy  trade 
union  rights  in the widest  sense  of the  term,  or, in 
any event,  to the same  extent  as nationals  of the host 
country.  Discrimination  in this  field  would  be 
unacceptable.  It would,  in any  case,  conflict  with 
international  labour  convention  No 87 on freedom  of 
association  and  protection  of the  right  to organize, 
and with  international  labour  convention  No 98 on 
the right  to organize  and  collective  bargaining.  These 
conventions  have  been  ratified  by  most  of the 
Member  States. 
17.1.  76 Official  Journal  of the European  Communities No C 12/13 
As a result  of the Commission's  proposal,  which  the 
Committee  approves,  the EEC  migrant  ought  to be 
able to join  trade  unions  and  exercise  the rights  of 
trade  union  members,  including  voting  rights.  He 
should  also  be  eligible  for  membership  of the 
executive  organs  of trade  unions.  It should  be 
possible  for  him  to  be  granted  powers  of 
representation  in collective  bargaining,  in negotiating 
and settling  disputes,  and  in all matters  connected 
with  his production  activities. 
B. Eligibility  for membership  of representative  bodies 
in undertakings 
7.6.4.  The  programme  makes  no mention  of EEC 
migrants  being  eligible  for membership  of worker's 
representative  bodies  in undertakings.  There  is good 
reason  for  this.  The  latter  part  of Article  8 (1) 
of Regulation  (EEC)  No  1612/68  already  provides 
that 'a worker  who  is a national  of a Member  State 
and who  is employed  in the territory  of another  ... 
shall  have  the  right  of eligibility  for  workers' 
representative  bodies  in the undertaking'. 
7.6.5.  All  xthe  same,  the  Committee  would 
expressly  endorse  this  right  of the EEC  migrant.  It is 
a right  which  has  become  more  significant  recently, 
and may  become  still  more  important  in virtue  of 
Community  legal  instruments. 
C. Public  law rights 
7.6.6.  The  question  is more  difficult  when,  as the 
Commission  proposes,  it comes  to extending  to 
migrant  workers  from  Member  States  a number  of 
public  law  rights,  such  as the right  to hold  offices 
governed  by public  law,  and  the right  to take  part  in 
the management  of bodies  governed  by public  law. 
7.6.7.  In  order  to place  the  matter  in its proper 
perspective,  the Committee  points  out that  we are not 
concerned  here  with  the general  issue  of the exercise 
of public  rights  or the  holding  of public  office;  we 
are solely  concerned  with  those  offices  and  rights  of 
the individual  which  are  connected  with  work  and 
vocational  activity.  The  sole  purpose  of the extention 
of rights  is to prevent  or abolish  discrimination 
between  EEC  migrants  and  nationals  of the  host 
country.  It must  also  be remembered  that  migrant 
workers  exercise  such  rights  and  hold  such  offices  as 
representatives  appointed  by their  trade  unions. 7.6.8.  The  Committee  considers  that  migrant 
workers  from  other  EEC  countries  should  be just  as 
entitled  as their  national  counterparts  to take  part  in 
the management  of social  security  and  health 
insurance  bodies.  Migrants  also  ought  to have  the 
right  to sit on other  public  bodies  concerned  with 
labour  protection.  Article  8 of Regulation  (EEC)  No 
1612/68  should  therefore  be reviewed  with  a view  to 
extending  its scope  definitively.  The  Committee  feels 
trade  union  and  employers'  organizations  ought  to 
have  complete  freedom  of choice,  and  be able  to 
appoint  immigrant  workers  to institutions  in which 
they are represented. 
Adoption  of this  solution  will  entail  changing  some 
national  and  administrative  provisions.  But there  is no 
question  of entering  the field  of political  rights,  and 
amending  either  constitutional  law  or legislation  on 
the organization  and  operation  of public  authorities 
(such  as national  economic  and  labour  councils). 
7.7. MUTUAL  RECOGNITION  OF  DEGREES  AND 
DIPLOMAS 
7.7.1.  The  Commission's  programme  stresses  that, 
in order  not to hamper  the free  movement  of workers, 
it is necessary  to accelerate  progress  towards  'the 
mutual  recognition  of degrees  and  diplomas,  cer-
tificates  and  other  national  qualifications,  the lack 
of which  limits  the access  to employment'.  There  has 
been  considerable  delay  in this  field. 
7.7.2.  The  Committee  realizes  that  the delay  is due 
to the irresolution  of governments,  and  resistance  on 
the part  of the  occupational  groups  concerned.  It 
approves  the  Commission's  proposal  that  mutual 
recognition  should  cover  not  only  degrees  and 
diplomas,  but also  all other  vocational  qualifications 
needed  by wage-earners,  self-employed  workers  and 
workers  in the professions. 
7.7.3.  Mutual  recognition  should  apply  to degrees, 
etc. relating  to the  whole  gamut  of occupational 
qualifications.  In this  connection  the  Committee 
would  refer  back  to its opinion  of 27 June  1974  on 
No C 12/14 Official  Journal  of the European  Communities 17.1.  76 
the draft  for a Council  -resolution  on guidelines  for 
the mutual  recognition  of  degrees,  diplomas, 
certificates  and  other  evidence  of  formal 
qualifications. 
Here  it was  stated  that  'the  directives  on the mutual 
recognition  of occupational  qualifications  should 
be extended  to cover  all wage-earners  in the relevant 
occupation'. 
7.7.4.  The  Committee  considers  that  its opinion  of 
24 April  1975  on  education  in the  European 
Community  is not at odds  with  the abovementioned 
opinion  of 27  June  1974.  The  latter  puts  the 
emphasis  on  the  mutual  recognition  of degrees, 
diplomas  and  courses  of study  and  refers  to 
'academic'  recognition  and  to the  'equivalence  of 
certificates,  diplomas  and  degrees  to allow  the 
continuance  of studies'.  The  earlier  opinion  is 
concerned  with  the  academic  studies  and  not 
with  employment. 
7.7.5.  The  Commission  and  the  Council,  while 
having  due  regard  to Article  45 of Regulation  (EEC) 
No 1612/68,  should  push  ahead  with  efforts  to obtain 
mutual  recognition  for vocational  qualifications.  Such 
mutual  recognition  should  be based  on practical 
comparison  of what  requirements  have  to be fulfilled 
in order  to obtain  qualifications. 
7.8. CONFLICTS  OF  LAW 
7.8.1.  In  its action  programme,  the  Commission 
stresses  the need  'to protect  the migrant  worker  by a 
Community  Regulation  which  would  establish  the 
principle  that  the applicable  legislation  in matters  of 
conflict  of laws  in labour  relations,  should  be that  of 
the country  in which  the migrant  works.' 
7.8.2.  On  23  February  1972,  the  Commission 
submitted  to the Council  a proposal  for a Regulation 
on conflicts  of labour  laws.  The  Committee's 
opinion  on  the  proposal  was  delivered  on  30 
November  1972. 
7.8.3.  The  Committee  endorses  the proposal  for a 
Regulation.  It re-affirms  its opinion,  and  calls  on the 
Council  to examine  the  proposed  Regulation  and 
adopt  it with  due  urgency.  This  will  not only  ensure 
certainty  as to the law,  but  will  also  help  to protect 
migrant  workers  who  are abliged  to have  recourse  to 
tribunals  or courts. 8. THE  SOCIAL  SECURITY  OF THE  MIGRANT 
WORKER 
8.1. GENERAL  REMARKS 
8.1.1.  Freedom  of movement  and  social  security 
for workers  and  their  families  moving  within  the 
Community  are the cornerstones  of the EEC's  social 
policy.  In turn,  this  policy  rests  on Articles  48, 49 and 
51 of the Treaty.  It has been  implemented  by various 
Regulations  laying  down  clear-cut  rules. 
8.1.2.  As  a preliminary  to  examining  and 
appraising  the  Commission's  social  security 
proposals,  the  Committee  would  congratulate  the 
Commission  and  the Council  on what  they  have  done 
to make  EEC  migrant  workers  eligible  for  social 
security  benefits.  This  is a delicate  and  difficult  area, 
and the relevant  EEC  instruments  are satisfactory.  All 
the same,  there  is room  for improvement  by adopting 
the Commission's  proposals  (about  which  more  will 
be said  below)  and  otheft  which  the  Committee 
wishes  to submit. 
8.1.3.  The  Committee  would  point  out that,  on the 
one hand,  there  are EEC  rules  on social  security  that 
apply  to migrants  from  any  of the  nine  Member 
States.  These  rules  are embodied  in Regulations.  On 
the other  hand,  the  rules  applying  to non-EEC 
migrants  are  enshrined  in  bilateral  agreements 
between  individual  Member  States  and  non-member 
countries.  A clear  distinction  should  be  drawn 
between  the two  sets  of rules. 
8.2. SOCIAL  SECURITY  FOR  COMMUNITY 
WORKERS 
8.2.1.  The  current  position  and  the  Commission's 
views 
8.2.1.1.  Member  State  nationals'  social  security  is 
governed  by Council  Regulation  (EEC)  No  1408/71 
of 14 June  1971  on the application  of social  security 
systems  to employed  persons  and  their  families 
moving  within  the Community,  and  by implementing 
Council  Regulation  (EEC)  No  574/72  of 27 March 
1972.  These  two  Regulations  have  been  amended  and 
consolidated  by later  Regulations  improving  the way 
in which  benefits  are allocated. 
8.2.1.2.  In  the action  programme,  the Commission 
states  that  migrants'  social-security  and  health-insur-
17.1.76 Official  Journal  of the European  Communities No C 12/15 
ance  cover  should  be increased  and  consolidated  'in 
order  to eliminate  the disadvantages  still  confronting 
migrant  workers'.  To this  end,  it outlines  measures 
that need  to be taken  as a matter  of urgency.  The 
Committee  will  appraise  each  of these  measures 
separately  below. 
8.2.2.  Uniform  system  for  the  payment  of  family 
allowances 
8.2.2.1.  In  accordance  with  Regulation  (EEC)  No 
1408/71,  eight  Member  States  pay  families  remaining 
in the country  of origin  the allowances  to which  they 
would  be entitled  if they  were  residing  in the country 
of employment.  Only  France  pays  family  allowances 
equivalent  to those  payable  in the country  of origin. 
The Commission  has  submitted  a draft  Regulation 
eliminating  discrimination  due  to the worker's  family 
remaining  in the country  of origin. 
The Committee  delivered  an opinion  welcoming  this 
proposal  on 24 September  1975.  It can  do no more 
than endorse  this  Opinion. 
8.2.3.  The  coordination  of non-contributory  schemes 
8.2.3.1.  The  Commission  notes  that  'apart  from 
social  security  benefits  in the strict  sense  of the term, 
certain  Member  States  have  mixed  legislation  relating 
at the  same  time  to social  security  and  social 
assistance'.  The  Commission  adds  that  'Community 
Regulations  for  social  security  have  proved 
inadequate  for such  mixed  legislation'.  Consequently 
'specific  Community  Regulations  should  be 
introduced  to ensure  that  migrants  have  the right... 
to equality  of treatment  with  national  workers,  in the 
export  of the  allowances  deriving  from  national 
legislation'. 
8.2.3.2.  The  Committee  agrees  with  the 
Commission,  and  calls  on it to submit  a draft 
Regulation  to the Council  as soon  as possible.  There 
should  be  no  great  difficulty  in obtaining  the 
adoption  of such  a Regulation,  for  the  Court  of 
Justice  has repeatedly  upheld  the entitlement  of EEC 
migrants  to the benefits  in question. 
8.2.4.  The  social  security  of self-employed  workers 
8.2.4.1.  In  its action  programme,  the Commission 
states  that  there  should  be an EEC  Regulation  on 'self-employed  migrants'.  By this  it means  farmers, 
craftsmen,  small  traders  and  members  of  the 
professions  who  have  taken  advantages  of the  right 
of establishment  or freedom  to supply  services,  and 
moved  from  their  countries  of origin  to another 
Member  State.  The  Commission  states  that  the 
Regulation  should  grant  self-employed  migrants  'the 
same  rights  as are enjoyed  by wage-earning  migrants 
in respect  of equality  of treatment,  the  right  of 
aggregation  of periods  of insurance  and  export  of 
benefits'. 
8.2.4.2.  The  Committee  agrees  and  calls  on the 
Commission  to submit  a draft  Regulation  to the 
Council  as soon  as possible.  As a body  voicing  the 
needs  of the  occupational  groups  concerned,  it has 
repeatedly  urged  the  Commission  to propose,  and 
the Council  to adopt,  a social  security  system  for 
self-employed  migrants. 
8.2.4.3.  Regardless  of whether  the Council  adopts 
a completely  new  Regulation,  or a Regulation 
amending  Regulations  (EEC)  No 1408/71  and  (EEC) 
No 574/72  and  extending  them  to  cover 
self-employed  workers,  the  system  should  enshrine 
the following  principles: 
(i) There  should  be absolute  equality  of treatment, 
without  restrictions  based  on length  of residence, 
such  equality  should  not  be  conditional  on 
reciprocity. 
(ii) The  applicable  legislation  should  be that  of the 
Member  States  in which  the  self-employed 
worker  carries  on his business. 
(iii) Preservation  of rights  should  be achieved  by 
basing  eligibility  for  benefits  and  the  levels  of 
such benefits  on insurance-period  aggregation. 
(iv) The  exportability  of benefits  should  (as Article 
10 of Regulation  (EEC)  No 1408/71  allows)  be 
achieved  by considering  the other  eight  Member 
States'  territories  to be that  of the Member  State 
of employment  for this  particular  purpose.  This 
principle  should  apply  to all the risks  covered  in 
respect  of both  self-employed  workers  and  their 
families. 
No C 12/16 Official  Journal  of the European  Communities 17.1.  76 
8.2.5.  Other  proposed  measures 
8.2.5.1.  Finally,  the Commission  considers  that  it is 
necessary  'to eliminate  progressively,  and  as soon  as 
possible,  all other  disparities  still  existing  in the 
Community  Regulations'.  The  Commission  explains 
that 'it is mainly  a question  of conditions  of award, 
of calculation  and  export  of certain  benefits;  of 
certain  special  methods  of application  of national 
legislation,  as well  as the maintenance  in force  of 
certain  provisions  in bilateral  agreements'. 
8.2.5.2.  The  Committee  agrees  with  the 
Commission  and  requests  that  it submit  proposals  for 
Regulations  to the Council  without  delay. 
8.2.5.3.  It  would  draw  the Commission's  and  the 
Council's  attention  to the  following  matters,  for 
which  it is very  important  that  a solution  be found: 
(i) Unemployment  benefits 
8.2.5.4.  Under  the  regulations  in  force, 
unemployed  migrants  remaining  in the host  country 
are treated  as unemployed  nationals  for the purposes 
of entitlement  to unemployment  benefits.  But what  of 
the migrant  worker  who  loses  his job and  wishes  to 
return  to his country  of origin?  In order  to be eligible 
for unemployment  benefits,  he has  to remain 
available  for work  for  at least  four  weeks  in the 
Member  State  where  entitlement  has been  acquired. 
Even  then,  the  benefits  are  only  payable  for  a 
maximum  of three  months  (Article  69 and  71 of 
Regulation  (EEC)  No 1408/71).  In exceptional  cases 
the government  department  or institutions  concerned 
may,  however,  reduce  the four-week  period  or extend 
the three-month  period. 
8.2.5.5.  The  Committee  refers  back  to its opinion 
of 28 March  1974.  As regards  the first  issue,  it would 
observe  the stipulation  that  migrant  workers  must 
remain  available  for work  in the Member  State  where 
they have  acquired  entitlement  to benefits  for four 
weeks  after  becoming  unemployed  is, perhaps,  not 
entirely  justified  in the current  economic  and  social 
situation,  which  is such  that  it is not easy  to find 
re-employment.  The  Member  States  can make  use of 
their right  to reduce  the four-week  period. 
8.2.5.6.  As  regards  the  second  issue,  the  , 
Committee  feels  that  a Community  migrant  worker 
who has earned  entitlement  to unemployment  benefit ought  to be able  to obtain  this  benefit  in any 
Member  State,  and his entitlement  should  be just  the 
same  as if he had  continued  to reside  in the State 
where  he acquired  entitlement. 
In the present  circumstances,  the maximum  period  of 
three  months  for payment  of unemployment  benefit 
is too short.  Unemployment  benefit  would  be paid 
for a much  longer  period  if the  worker  were  to 
remain  in the country  where  he was  employed. 
The Committee  thinks  the  period  should  be 
lengthened  to at least  six months.  When  extending 
this period,  Member  States  can take  the opportunity 
of extending  — until  it is practically  certain  that 
re-employment  is ruled  out — the period  for which 
migrant  workers  have  to remain  available  for 
re-employment. 
Extension  of  this  period  of  entitlement  to 
unemployment  benefit  would  be a step  towards 
parity  of treatment  in this  area  between  indigenous 
workers  and  Community  migrant  workers.  As 
regards  the export  of social  security  benefits,  the time 
has come  to scrap  the  concept  of nine  separate 
territories  and  replace  it with  that  of a single 
Community  territory.  A Community  migrant  worker 
who is entitled  to unemployment  benefit  ought  to be 
able to exercise  that  right  in any  Member  State,  and 
his entitlement  should  be just  the same  as if he were 
still living  in the  country  where  he  acquired 
entitlement.  The  Committee  asks  the Commission  to 
look into  the difficulties  involved  in achieving  these 
aims,  and  to make  appropriate  proposals  as soon  as 
possible. 
(ii) Payment  of pensions 
8.2.5.7.  This  matter  has a dual  aspect:  it concerns 
both the payment  of pensions  and  the stabilization 
thereof. 
(a) As regards  the  first  aspect,  the  Committee's 
opinion  of 28 March  1974,  stressed  that  Article 
46 (3) of Regulation  (EEC)  No 1408/71  was both 
unfair  and  illogical.  This  Article,  in fact,  states 
that the benefits  must  be reduced  whenever  the 
total  amount  of the benefits  due  to the worker 
exceeds  that  of the 'highest  theoretical  amount  of 
benefits'.  The Committee  reiterates  this view,  and 
calls for this rule  to be amended.  It is completely 
17.1.76 Official  Journal  of the European  Communities No C 12/17 
inconsistent  with  a contributory  insurance  system 
and incompatible  with  the  guidelines  laid  down 
by the  Court  of  Justice  of  the  European 
Communities. 
(b) As regards  the  second  aspect,  the  Committee 
believes  that  any  pension  rights  already  acquired 
in a given  Member  State  should  be considered 
definitively  acquired.  This  will  avoid  the need  for 
recalculation  should  the  worker  concerned 
subsequently  acquire  further  rights  in other 
Member  States. 
(iii) The  definition  of invalidity 
8.2.5.8.  In  its opinion  of 25 January  1967  on the 
draft  which  was  later  to become  Regulation  (EEC) 
No 1408/71,  the Committee  called  for a Community 
definition  of invalidity  for  pension  purposes.  This 
was,  it said,  preferable  to  the  adoption  of 
comparative  tables  of criteria  for  the  recognition  of 
invalidity.  The  Committee  stated  that  such  tables 
were  liable  to be detrimental  to the interests  of EEC 
migrants,  because  of the  wide  range  of medico-legal 
invalidity  criteria  used  in the various  Member  States 
legislations.  In its opinion  of 28 March  1974,  which 
has been  quoted  repeatedly  in the  foregoing,  the 
Committee  returned  to the  matter.  Again  it stressed 
the need  'to align  social  security  law  at national  level, 
at least  in respect  of invalidity  evaluation,  as part  of 
the overall  approximation  provided  for in Article  118 
of the Treaty'. 
8.2.5.9.  Before  such  alignment  can  be achieved 
some  Member  States  will  have  to make  changes,  in 
many  cases  radical  changes,  in their  present  systems. 
Alignment  will  be  possible  only  after  lengthy, 
thorough  research  and  the  Committee  urges  the 
Commission  to undertake  such  research. 
(iv) Simplification  of procedures 
8.2.5.10.  The  Economic  and  Social  Committee 
considers  that  machinery  should  be introduced  or 
refined,  as the  case  may  be,  to ensure  maximum 
simplification  of  procedures  for  establishing 
entitlement  to payment  of benefits,  for  exporting 
benefits  and  for  producing  and  storing  the  relevant 
records. 
8.2.5.11.  Referring  once  again  to  previous 
Committee  proposals,  it calls  for the following  moves 
to be made  in order  to simplify  paperwork,  improve 
the provision  of  information  and  speed  up 
procedures: 
(a) an 'international  record  book  for  social 
insurance'  should  be  adopted.  This  should 
contain  particulars  of the  holder's  job  career  in the countries  where  he has  been  employed.  It 
should  also  certify  entitlement  to  benefits 
(sickness  benefit,  injury  benefit,  family 
allowances,  pensions,  etc.); 
(b) electronic  data-processing  should  be introduced 
without  delay  to deal  with  the data  arising  out of 
application  of Regulation  (EEC)  No  1408/71 
(Article  116); 
(c) there  should  be  a fresh  drive  for  greater 
simplification  of paperwork. 
8.2.6.  The  advisory  committee 
8.2.6.1.  The  Committee  considers  that  the 
considerable  burden  placed  upon  the  Commission  by 
the proposals  so far made  could  be lightened.  The 
Commission  can  do this  by making  constant  and 
maximum  use  of the  Advisory  Committee  on Social 
Security  for Migrant  Workers,  set up by Regulation 
(EEC)  No 1408/71.  The  Committee  deplores  the fact 
that,  in common  with  other  bodies,  the  Advisory 
Committee  has  not  been  very  active  over  the years.  It 
therefore  urges  the  Commission  to convene  the 
Advisory  Committee  at regular  intervals  with  a view, 
above  all to consulting  it on technical  matters  and  on 
how best  to deal  with  them. 
8.3. THE  SOCIAL  SECURITY  OF  WORKERS  FROM 
NON-MEMBERS  COUNTRIES 
8.3.1.  The  legal  situation 
8.3.1.1.  For  obvious  reasons,  the  Treaty  does  not 
regulate  the social  security  of migrant  workers  from 
non-member  countries.  Furthermore,  EEC  Regula-
tions  on social  security  do not  apply  to them.  The 
matter  is to a certain  extent  governed  by: 
(a) the  international  labour  conventions  on social 
security,  where  the States  concerned  have  ratified 
them; 
(b) association  agreements  between  the  EEC  and 
individual  labour-exporting  countries; 
(c) multilateral  agreements  and  bilateral  agreements 
between  individual  Member  States  and  individual 
non-member  countries. 
No C 12/18 Official  Journal  of the European  Communities 17.1.  76 
8.3.2.  Adoption  of a Community  system 
8.3.2.1.  Here  we have  one  of the  more  obvious 
cases  of a conflict  between  the law,  on the one  hand, 
and justice  and  fair  play,  on the  other.  Migrant 
workers  from  non-member  countries  play  a part  in 
the industrial  life  of the various  host  countries.  They 
also pay various  taxes,  and  the earnings-related  social 
security  and  health  insurance  contributions  required 
of all workers.  It is, therefore,  unfair  if they  do not 
acquire  an entitlement  to benefits. From  the legal  point  of view,  the objective  may  be 
pursued  as follows:  invoking  Treaty  Article  235,  the 
Council  should  as a first  stage  adopt  an 'outline 
European  agreement'  on social  security  for migrants 
from  non-member  countries.  This  outline  European 
agreement  should  explicitly  lay  down  minimum 
standards.  Such  standards  would  enable  agreements 
to be aligned  'upwards'  on the basis  and  in the spirit 
of Articles  117  and  118  of the  Treaty.  If necessary, 
the outline  agreement  could  specify  reciprocity. 
8.3.3.  The  individual  proposals 
8.3.2.2.  In  its action  programme,  the Commission 
states  that  'many  categories  of social  security  benefits 
do not apply  to non-member  country  migrants,  while 
others  are subject  to long  qualifying  periods'.  It goes 
on, 'Family  benefits  are  often  confined  to children 
residing  in the  host  country,  and  there  are  severe 
limitations  on the export  of other  benefits.  Periods  of 
employment  and  insurance  in different  Member 
States  are  not  aggregated  for  the  purpose  of 
determining  entitlement  to benefit'. 
8.3.2.3.  The  Committee  considers  that,  even 
though  this  state  of affairs  is correct  in law,  it is 
socially  unfair  and  should  be  changed  in the 
migrant's  favour.  The  time  has  come  to induce  the 
individual  States  concerned  to apply  to workers  from 
non-member  countries  a social  security  system 
providing  them  with  benefits  on a par  with  those 
enjoyed  by  Community  migrants  in  similar 
circumstances.  Naturally,  this  cannot  be  done 
overnight.  Indeed,  this  is an objective  'to be achieved 
progressively'  in short  stages.  It is interesting  to note 
that the  provision  of social  security  cover  for 
migrants  from  non-member  countries  is not linked  to 
free movement  for  such  workers.  These  are  two 
different  things.  A Member  State  may,  for economic 
or political  reasons,  limit  or restrict  the immigration 
of workers  from  a given  non-member  country.  But  it 
may not  withhold  from  migrants  who  are  working 
and legally  domiciled  in its territory,  the  same 
entitlement  to social  security  and  health  insurance 
cover  that  is afforded  to its nationals  and  EEC 
migrants. 
8.3.2.4.  The  Committee  is therefore  in favour  of 
extending  social  security  to migrant  workers  from 
non-member  countries.  It suppprts  the Commission's 
moves  in this  direction  and  makes  the  following 
comments. 8.3.3.1.  The  Commission  enumerates  repeatedly, 
almost  as if to stress  them,  the  measures  which  it 
proposes  for implementation  of the  programme  'by 
progressive  stages',  in order  to achieve  'equality  of 
treatment  with  Community  workers'. 
8.3.3.2.  The  Economic  and  Social  Committee 
endorses  the  Commission  proposals  and  makes  the 
following  comments: 
(i) in some  Member  States  citizenship  of the State  is 
a prerequisite  for  eligibility  for  certain  social 
security  benefits.  Citizenship  requirements 
should  be abolished; 
(ii) family  allowances  should  be granted  to migrant 
workers  on  the  same  basis  as to national 
workers,  irrespective  of  what  country  the 
migrant  worker's  family  resides  in; 
(iii) migrants  should  be allowed  to export  to their 
country  of origin  any  rights  definitely  acquired 
when  they  were  employed  in the Member  States; 
(iv) the  right  to aggregate  insurance  periods  should 
be recognized  so that  migrants  are  entitled  to 
benefits  under  the  provisions  of  bilateral 
agreements; 
(v) migrants  from  non-member  countries  should  be 
eligible  for  Community  benefits,  including 
non-contributory  benefits,  while  they  are 
working  or residing  in the territory  of a Member 
State. 
17.1.76 Official  Journal  of the European  Communities No C 12/19 
9. THE  WORKING  CONDITIONS  OF  MIGRANT 
WORKERS 
9.1. EQUALITY  OF  TREATMENT 
9.1.1.  Equality  of treatment  must  cover: 
(a) access  to vocational  guidance  and  placement 
services; 
(b) access  to employment  and  vocational  training; 
(c) promotion  on the basis  of merit  and  experience; 
(d) job  security; 
(e) pay; 
(f) working  conditions; 
(g) trade  union  membership  and  rights; 
(h) living  conditions,  including  housing  and  access  to 
the social  services  and  to  educational  and 
medical  facilities. 
9.1.2.  Although  the above  list covers  just  about  the 
entire  Community  action  programme,  the Committee 
will try  and  deal  with  the  items  one  by  one, 
distinguishing  as far as possible  between  (a) migrant 
workers'  working  conditions  and  (b)  their  living 
conditions. 
9.2. ACCESS  TO  VOCATIONAL  GUIDANCE  AND 
PLACEMENT  SERVICES 
9.2.1.  On  18 July  1966,  the Commission  adopted  a 
recommendation  concerning  the  expansion  of 
vocational  guidance  services. 
9.2.2.  In  view  of the time  which  has  elapsed  since 
then,  the Committee  would  very  much  like  to see  a 
review  of the  situation,  followed  by  a Council 
Decision.  The  Committee  is  convinced  that 
vocational  guidance  and  training  are vital  if freedom 
of movement  for workers  is to be achieved. 
9.2.3.  As  far  as access  to placement  services  is 
concerned,  the Committee  points  out that  Article  5 of 
Regulation  (EEC)  No 1612/68  states  that:  'A national 
of a Member  State  who  seeks  employment  in the 
territory  of another  Member  State  shall  receive  the 
same  assistance  there  as  that  afforded  by  the 
employment  offices  in that  State  to their  own 
nationals  seeking  employment'.  The  Committee 
considers  that  this  provision  could  also  be applied  to migrant  workers  from  non-member  countries  who 
are legally  resident  in a Community  State. 
9.2.3.1.  The  Committee  would  draw  the 
Commission's  attention  to the  advantage  of setting 
up, under  the  auspices  of employment  offices  and 
services,  a public  service  with  the  task  of recruiting 
and placing  migrant  workers,  issuing  residence  and 
work  permits,  legalizing  the  situation  of directly 
recruited  workers  in those  Member  States  where 
direct  recruitment  is illegal,  and  laying  down  the 
wording  and  terms  of employment  contracts. 
9.3. EMPLOYMENT  CONTRACTS  AND  TERMS  OF 
EMPLOYMENT 
9.3.1.  Equality  of treatment  should  also  apply  to 
the various  statutory  terms  of employment,  and  terms 
of employment  set out in employment  contracts. 
An employment  contract  between  an employer  and  a 
migrant  worker  should  not  be legally  binding  unless 
it meets  the  following  criteria:  (a) it should  be in 
writing,  (b) it should  be drawn  up in the languagts  of 
both  the  employer  and  the  worker,  (c) it should  be 
clear,  straightforward  and  comprehensible.  The  trade 
unions  and  employers'  organizations  shoald 
collaborate  on the drafting  of employment  contract?. 
9.3.2.  The  Committee  considers  that  Communi:y 
and non-Community  migrants  must  enjoy  the same 
treatment  as that  laid  down  for nationals  by the host 
country's  laws,  collective  agreements  and  court 
judgments  as regards: 
(a) pay; 
(b) working  hours  and  the  length  of the  working 
week; 
(c) weekly  days  off; 
(d) paid  annual  holidays,  including  training  and 
study  leave; 
(e) paid  public  holidays; 
(f) treatment  on expiry  of contract,  and  termination 
of employment; 
(g) terms  of  employment  for  women  and 
adolescents; 
(h) all other  terms  of employment  regulated  by 
statutory  law,  by collective  agreement,  by other 
provisions  or by custom. 
9.3.3.  Social  legislation  must  provide  for checks  to 
ensure  that  Community  and  non-Community 
No C 12/20 Official  Journal  of the European  Communities 17.1.  76 
migrants  are getting  the same  terms  of employment 
as nationals.  The  Committee  would  like  the Member 
States  to send  regular  reports  to the  Commission, 
which  could  then  draw  up an assessment  of the 
situation  every  two  or three  years.  Such  reports 
should  also  be submitted  to employers'  organizations 
and trade  unions  via  the  competent  consultative 
committees  as suggested  in paragraphs  4.3.1  and  4.3.2 
of this  opinion. 
9.3.4.  The  Economic  and  Social  Committee  has 
great  confidence  in the  effectiveness  of State 
supervision  through  labour  inspectorates,  and  in the 
vigilance  and  cooperation  of employers'  associations 
and unions. 9.5.2.  The  Committee  considers  that  the 
Commission  must  push  ahead  with  its work  on 
coordinating  national  vocational  training  policies, 
and that  more  must  be done,  both  in countries  of 
origin  and  in host  countries,  to prepare  migrants  for 
work  and  further  their  career  prospects. 
9.5.3.  It  is preferable  that  general  and  multi-skill 
training  be given  to all workers  so that  if they  are 
obliged  to emigrate  from  the country  of origin,  they 
will be trained  and  able  to take  up a job in the host 
country.  On  the  other  hand,  training  in a specific 
skill and  retraining  should  take  place  in the  host 
country.  For  this  reason,  the Committee  agrees  with 
the Commission  that  the following  measures  should 
be taken: 
9.4. TRADE  UNION  RIGHTS  OF  MIGRANT  WORK-
ERS FROM  NON-MEMBER  STATES 
9.4.1.  Migrant  workers  from  non-member  states, 
like their  Community  counterparts,  ought  to have  the 
same  trade  union  rights  as nationals. 
9.42.  Furthermore,  in some  countries  there  are 
still obstacles  which  make  migrant  workers  from 
non-member  countries  ineligible  for membership  of 
bodies  representing  workers.  The  Committee  urges 
lhat all such  barriers  be removed. 
9.5. VOCATIONAL  TRAINING (a) greatly  increased  provision  of intensive  courses  of 
vocational  training,  prior  to  the  migrant's 
departure  for his new  job; 
(b) the  introduction  in the vocational  training  centres 
of the  Member  States,  that  is to say  both 
countries  of  origin  and  host  countries,  of 
measures  'to ensure  that  migrant  workers  have 
sufficient  facilities  to acquire  skills  or improve 
their  qualifications'; 
(c) introduction  of pilot  schemes  for  vocational 
training,  with  the  help  of the  Berlin-based 
European  Centre  for  the  Development  of 
Vocational  Training; 
(d) development  of programmes  designed  to give 
migrants  practical  training  which  will  be of use 
to them  in finding  employment  when  they  return 
to their  country  of origin. 
9.5.1.  First  of all, the Committee  would  recall  the 
action  which  the Commission  and  the Council  have 
taken  with  respect  to vocational  training.  This 
includes  (i) the approval  of the 'ten  general  principles 
for the  implementation  of a common  vocational 
training  policy'  (1962),  (ii) the adoption  of 'general 
guidelines  for the drawing-up  of a vocational  training 
action  programme  at Community  level'  (1971),  and 
(iii) the adoption  of a Council  resolution  on a social 
action  programme  (1974).  The  Committee  would 
also draw  attention  to its study  on education  and 
vocational  training  in the Community  (1973)  and  to 
its opinions  on the setting-up  of a European  institute 
for vocational  training  and  guidance  (1974)  and  on 
education  in the  European  Community  (1974),  as 
well as to the various  opinions  on the social  situation 
in the Community  delivered  over  the years. 9.5.4.  The  Committee  also  agrees  that  exchanges 
of language  specialists  and  teaching  aids  should  be 
organized.  The  mobility  of language  and  other 
teachers  within  the  Community  must  be facilitated 
and increased.  It is extremely  useful  for teachers  in 
state  and  private  schools  to go abroad,  so as to 
acquire  a knowledge  of migrant  workers'  educational 
and vocational  training  needs.  When  such  teachers 
return  to their  home  countries,  the knowledge  they 
have  acquired  will  help  them  to train  would-be 
emigrants  in the skills  required  by the host  country. 
As indicated  by  the  Commission  in its  action 
programme,  the  mass  media  should  be used  more 
widely  for  the  cultural,  linguistic  and  vocational 
training  of migrant  workers. 
17.1.76 Official  Journal  of the European  Communities No C 12/21 
9.5.5.  A  few  words  should  be said  here  about 
language  courses.  The  integration  of migrant  workers 
into working  life  — and,  later  on,  their  social 
advancement  — depends  on their  knowledge  of the 
host country's  language.  It is much  easier  for  the 
migrant  worker  to adapt  to his new  environment  if 
the language  of the host  country  is taught  by public 
authorities  or institutions  in the countries  of origin. 
But, if the  migrant  worker  does  not  know  the 
language  of the  host  country  when  he arrives,  the 
State  as well  as public  and  private  welfare  institutions 
must  see to it that  he acquires  a knowledge  of the 
language  or languages  of that  country,  possibly 
during  working  hours.  Thus,  we  come  to the 
Commission's  last  proposal,  regarding  'the 
introduction  in all  Member  States  of the  paid 
day-release  system,  to allow  migrant  workers  to 
acquire  adequate  language  and  vocational  training' 
(some  Member  States  have  already  introduced  this 
system). 
9.5.6.  But  a preoccupation  with  teaching  the host 
country's  language  should  not  lead  us to disregard 
the migrant  worker's  right  to his own  culture  and  his 
own language.  Where  there  are  large  numbers  of a 
certain  nationality  present  in the host  country,  part  of 
their  general  tuition  and  vocational  training  should 
be given  in their  mother  tongue.  A number  of 
training  and  information  sessions  should  be given  in 
migrants'  mother  tongues,  so as to make  sure  that 
they can retain  their  cultural  identity. 
9.5.7.  The  Committee  gives  its full  backing  to this 
proposal.  It believes  that  consideration  can  be given 
to granting  workers  time  off with  pay  for the purpose 
of learning  the  language  of the  host  country.  Such 
courses  should  be run  in accordance  with  the  paid 
day-release  systems  in force,  or to be introduced  in 
the Member  States. 
ILO convention  No  140  and  ILO  recommendation 
No 148  provide  for paid  educational  leave,  and  apply 
to all  workers  within  signatory  countries.  Once 
ratified,  they  will  thus  apply  to migrant  workers.  The 
Community  should,  nevertheless,  introduce  arrange-
ments  under  which  migrants  receive  paid  leave  to 
attend  courses  in the host  country's  language. 
9.6. THE  EUROPEAN  SOCIAL  FUND 
9.6.1.  The  funds  necessary  for vocational  training 
could  be  provided  by  (i) the  State  and  public 
authorities,  (ii)  the  employers,  or  (iii)  the 
Community,  through  the European  social  fund. 9.6.2.  After  long  consideration  of the  scope  and 
function  of the social  fund,  both  from  a general  point 
of view  and  with  particular  reference  to vocational 
and language  training  for  migrant  workers,  the 
Committee  would  refer  back  to: 
(a) The  Council  Decision  of 27 June  1974.  Under 
this Decision,  the fund  can be used  for operations 
forming  part  of  an  integrated  programme 
designed  to  facilitate  the  employment  and 
geographical  mobility  of persons  who  have 
moved,  or who  are  moving,  from  one  Member 
State  to another  to take  up a job.  An integrated 
programme  is taken  to mean  'the  set of measures 
necessary  to ensure  effectiveness  and  continuity 
of action  throughout  successive  phases  of 
migration,  which  may  range  from  preparation  for 
emigration  to return  to the country  of origin'; 
(b) The  Committee  opinion  on the  proposal  for  a 
Council  Decision  on intervention  by the  social 
fund  to  encourage  structural  adjustment 
measures.  In this  opinion,  the Committee  asked 
that the  social  fund  be used  to help  migrant 
workers  in respect  of 'measures  designed  either 
to avert  a possibility  of migrant  workers  being 
sent back  to their  countries  of origin  because  of 
unemployment,  or  facilitate  the  return  and 
reintegration  of  migrant  workers  in  their 
countries  of origin'. 
9.6.3.  The  Committee  wishes  to stress  the urgency 
of financial  contributions  by the  European  social 
fund  to training,  retraining  and  reemployment 
measures  for  Community  and  non-Community 
migrant  workers.  Implementation  of  the 
abovementioned  'integrated  programmes'  could  help 
towards  this. 
10. MIGRANT  WORKERS  LIVING  CONDITIONS 
10.1.  EQUALITY  WITH  RESPECT  TO  LIVING  CON-
DITIONS 
10.1.1.  Apart  from  equal  working  conditions,  the 
migrant  worker  and  his family  must  have  the same 
living  conditions  as the  native  population.  The 
migrant  worker  has  a right  to such  equality.  Even 
social  assistance  should  not  be looked  on as charity 
but as a real  and  genuine  right,  granted  under  the 
auspices  and  protection  of the  State  and  the  public 
authorities. 
No C 12/22 Official  Journal  of the European  Communities 17.1.  76 
10.1.2.  In  order  that  such  equality  may  be 
effective,  the Committee  considers  it essential  that  a 
whole  set of coordinated  measures  be taken  in both 
countries  of origin  and  host  countries  as regards 
preparation  for emigration  and  adaptation  to living 
conditions  in the host  country  after  arrival. 
10.1.3.  Firstly,  migrant  workers  and  their  families 
should  receive  appropriate  psychological,  cultural 
and vocational  preparation  before  emigrating. 
The Commission  states,  and  the Committee  concurs 
that 'the  most  important  (shortcomings)  is the fact 
that migrants  do not  have  adequate  information 
about  the  living  and  working  conditions  that  they 
can expect  to find  in a new  country'.  Before  leaving 
their  home  countries  migrants  should,  either  in their 
mother  tongue  or in another  language  of which  they 
have  an adequate  command,  be informed  as to (i) 
their rights,  (ii) potential  opportunities  for  social 
advancement  and  integration  in the host  country,  (iii) 
the living  conditions,  customs  and  habits  of the 
citizens  of the  host  country,  (iv)  the  climate  and 
seasons  and (v) the cost  of accommodation,  food  and 
transport.  They  should  also  be provided  with  details 
of taxation  and  prescribed  contributions  to social 
security  schemes,  etc.,  and  with  any  other  particulars 
which  they  are likely  to need  in their  daily  life. 
10.1.4.  Secondly,  steps  must  be taken  to ensure 
that the  indigenous  population  accepts  migrant 
workers  and  their  families.  The  Committee  stresses 
that such  action  must  be furthered  by host  countries, 
and adequately  funded.  Migrants  and  their  families 
encounter  less prejudice,  and community  relations  are 
improved,  if reception  is properly  organized  and  the 
local  population  is made  aware  of the economic  and 
cultural  contributions  made  by migrants. 
There  are three  pre-requisites  here: 
(a) adequate  training  of the staff  whose  task  it is to 
receive  migrants; 
(b) the inclusion  among  reception  staff  of persons  of 
the same  ethnic  origin  as the migrants; 
(c) the  training  and  use  of persons  to render 
practical  assistance  (e.g.  letter-writing,  filling  in 
forms). 
10.2.  SOCIAL  WELFARE  AND  SOCIAL  SERVICES 
10.2.1.  The  Committee  considers  that  if the living 
conditions  of migrants  and their  families  are to be on 
a par with  those  of nationals,  it is absolutely  vital  to 
have  a comprehensive  national  policy  on social 
welfare,  and  to implement  this  policy  either  directly or via the social  services  of both  the country  of origin 
and the  host  country.  Welfare  policy  is partly  a 
matter  of providing  information,  but it also  involves 
action  to reunite  families,  assistance  with  obtaining 
and purchasing  accommodation,  education  in 
cultural  matters  and  vocational  training  for workers 
and their  children,  language  tuition,  the provision  of 
facilities  for leisure  activities,  hobbies  and sport. 
10.2.2.  The  Committee  considers  that,  while 
adapting  to their  new  environment,  migrant  workers 
must  also  be able  to preserve  and  build  on their 
cultural  heritage,  and  to hand  down  that  heritage  to 
their  children.  The  important  thing  is to give 
migrants  the opportunity  to choose  between  either 
'cultural  assimilation'  or cultural  cooperation  and 
collaboration. 
First and foremost,  the host  countries  must: 
(a) recognize  the  right  of  migrants'  cultural 
organizations  to seats  on the relevant  advisory 
bodies,  and  provide  grants  and  facilities  (culture 
centres,  libraries  and  so forth)  which  allow 
migrants  and  their  families  to pursue  cultural 
activities  within  their  own  community; 
(b) provide  appropriate  facilities  for  teaching  the 
language  of the host  country; 
(c) familiarize  the indigenous  population  with  the 
migrant's  culture; 
(d) ensure  that  immigrants  can  express  their  own 
philosophies  of life and can practise  their  religion 
freely; 
(e) prepare  and  transmit  radio  and  television 
programmes  (including  cable  TV); 
(f) take  a stand  against  discrimination  (in cultural 
activities,  etc.). 
10.2.3.  But  direct  or indirect  action  by the host 
country  is not sufficient,  and  neither  is the welfare 
assistance  provided  by  major  trade  unions  and 
employers'  organizations  in some  Member  States. 
The social  services  in both  the country  of origin  and 
the host  country  must  play  their  part. 
The Committee  notes  that,  on 23 July  1962,  thp 
Commission  addressed  to the  Member  States  a 
recommendation  on the activities  of social  services 
with regard  to workers  moving  from  one  Member 
State  to another. 
17.1.76 Official  Journal  of the European  Communities No C 12/23 
In spite  of the  steps  taken  by individual  Member 
States  in accordance  with  the  recommendation,  the 
social  services  have  not been  able  to do enough.  The 
Committee,  therefore,  urges  that  the recommendation 
be converted  into  a Council  Decision.  The 
Committee  would  point  out  that  the Member  States 
are not  spending  enough  in this  field.  It urges  the 
Commission  to give  attention  to this  matter  and  draft 
a Regulation  coordinating  the various  ways  that  the 
social  services  of the  relevant  Member  States  are 
funded. 
10.2.4.  A  sufficient  number  of social  workers 
should  be provided.  The  social  fund  could  be used  to 
finance  their  training  on the  basis  of Article  3 of 
Council  Decision  74/327/EEC  of 27 June  1974. 
The Committee  also  seeks  — agreeing  in this  with 
the Commission  — that  pilot  schemes  be introduced 
to determine  how  the social  welfare  bodies  existing  at 
national  and  international  level  can  best  assist 
migrant  workers  and  their  families. 
10.3.  ACCOMMODATION  FOR  MIGRANT  WORKERS 
10.3.1.  According  to Article  10  of Regulation 
(EEC)  No 1612/68,  Community  migrant  workers  are 
entitled  to be accompanied  by their  families  only  if 
they 'have  available  for  their  family,  housing 
considered  normal  for  national  workers'.  On  the 
other  hand,  Article  9 of  the  abovementioned 
Regulation  states  that  'a worker  who  is a national  of 
a Member  State  shall  enjoy  all the rights  and  benefits 
accorded  to national  workers  in matters  of housing, 
including  ownership  of the housing  he needs'. 
This  equality  of  treatment  with  respect  to 
accommodation  is a de jure  right  which  applies  — 
and this  point  should  be  emphasized  —  to 
Community  migrants  only.  But the de facto  situation, 
the daily  reality,  is different  owing  to housing 
shortages  and  the  cost  of accommodation  and  to a 
host of specific  factors  peculiar  to migrants. administrative  provisions  and  take  any  other  action 
required'. 
The implementation  of the  recommendation  by the 
Member  States  has  helped  to improve  the  housing 
conditions  of migrant  workers.  Nevertheless,  the 
Commission  stresses  the  need  'for  considerably 
greater  efforts'. 
10.3.3.  Referring  to the annual  opinions  which  the 
Committee  delivers  on  the  social  situation,  the 
Committee  would  once  again  emphasize  the scale  and 
gravity  of the  housing  problem,  and  point  out  that 
migrant  workers  are particularly  badly  affected.  The 
Committee  calls  on the Commission  and  the Council: 
(a) to carry  out  a full  and  realistic  survey  of the 
housing  needs  of Community  and  non-Commu-
nity migrants; 
(b) to work  out  a plan  for  financing,  by the  host 
countries,  the  building  and  management  of 
low-cost  housing; 
(c) tho  introduce,  in the light  of ECSC  experience, 
pilot  schemes  providing  migrant  workers  and 
their  families  with  modern  accommodation  at 
reasonable  cost. 
10.3.4.  Pending  the  finalization  and  phased 
introduction  of the  programme,  the  Committee 
reiterates  the  comments  which  it made  in 1973 
regarding  the  need  for  stricter  control  of boarding 
houses  and  hostels  for migrants,  rents,  amenities,  etc. 
Such  control  is necessary  in order  to eliminate  the 
serious  malpractices  which  frequently  occur. 
10.3.5.  Finally,  restrictive  laws  which  make  the 
reunification  of families  contingent  on the availability 
of proper  accommodation  should  be made  as flexible 
as possible.  In order  that  these  laws  should  no longer 
present  an obstacle  to the  reunification  of families, 
the conditions  for obtaining  accommodation  and  for 
reunification  of families  must  at all events  be no 
stricter  than  those  which  apply  to national  workers 
in similar  circumstances. 
10.3.2.  The  Committee  notes  that,  on 7 July  1965, 
the Commission  adopted  a recommendation  to the 
Member  States  concerning  the  housing  of workers 
and their  families  moving  within  the  Community. 
The Commission  recommended  that  Member  States 
'adopt  the  requisite  laws,  regulations  or 10.4.  EDUCATION  OF  MIGRANTS  WORKERS' 
CHILDREN 
10.4.1.  We  have  decided  to devote  a separate 
section  to the education  of migrant  workers'  children 
No C 12/24 Official  Journal  of the European  Communities 17.1.  76 
on the  ground  that  this  is an important,  difficult 
matter.  It is important  because  of the  number  of 
children  involved.  It is difficult  because  planning  is 
hampered  by unforeseeable  fluctuations  in migration 
trends  and  by the differences  in the preparation  for 
emigration  given  to children  of migrants,  and 
especially  those  of  migrants  from  outside  the 
Community. 
10.4.2.  The  Committee  would  refer  to the 'right  to 
education'  granted  to the  children  of Community 
migrants  under  Article  12 of Regulation  (EEC)  No 
1612/68.  The  Committee  has  already  adopted  a 
position  on some  aspects  of the question  of education 
for children  of migrant  workers.  In the explanatory 
report  accompanying  the  present  opinion,  some  of 
the principles  previously  laid  down  by the Committee 
have  been  married  with  the proposals  put forward  by 
the Commission  in its education  and  migrant  workers 
programmes,  and  condensed  into  an  eight-point 
blueprint  for a coordinated  course  of action  by the 
Member  States  which  would  take  due  account  of 
specific  needs  of migrants  and  of the  possibilities 
open  to the host  countries. 
10.4.3.  Three  of the  points  referred  to — the 
special  acclimatization  classes  and  courses,  provision 
in the normal  school  curriculum  for courses  on the 
civilization  and  language  of the country  of origin,  the 
recruitment  of  teachers  from  labour-exporting 
countries  — are  already  covered  in the Commission 
proposal  for a Council  Directive  on the education  of 
the children  of migrant  workers.  The  Committee  will 
shortly  deliver  an opinion  on this  proposal. 
10.4.4.  In  addition  to these  three  points,  the 
Committee  considers  that  the  Member  States  must 
take suitably  planned  and  coordinated  measures  to: 
(a) encourage,  with  the  assistance  of public  and 
private  bodies,  the organization  of 'assisted  and 
supervised  study  periods'  after  school  hours,  in 
order  to ensure  that  children  who  require 
additional  tuition  receive  it; 
(b) admit  migrant  workers'  children,  on the  same 
basis  as other  children,  to holiday  camps  and 
nursery  schools;  to grant  them  scholarships, 
exemptions  and  other  facilities  in the  normal 
way; 
(c) encourage  the education  authorities  of both  host 
countries  and  labour-exporting  countries  to cooperate  on the  education  of the  children  of 
migrant  workers.  The  aims  of such  cooperation 
would  include  the  award  to migrant  workers' 
children  of diplomas  of recognized  equivalence. 
Such  diplomas  would  be drawn  up in the child's 
mother  tongue  and  would  state  the  level  of 
education  attained; 
(d) exchange  information,  experience  and  teaching 
material;  to embark  on research  and  pilot  studies 
into teaching  methods; 
(e) guarantee  education  up to school  leaving  age for 
migrant  workers'  children.  In the  course  of the 
child's  education,  standard  records  should  be 
compiled,  containing  full  particulars  of the 
child's  school  career  and  health.  Such 
information  would  be of help  in assessing  the 
child's  level  of scholastic  attainment. 
10.5.  HEALTH  PROBLEMS  AND  PREVENTIVE 
ACTION 
10.5.1.  The  Commission  devotes  a chapter  of its 
action  programme  to the health  of migrants  and  their 
families.  The  Committee  welcomes  this,  because 
migrant  workers  may  suffer  from  specific  diseases,  or 
be more  prone  to certain  diseases  than  indigenous 
workers.  Similarly,  specific  problems  are  raised  by 
the conditions  under  which  Community  and 
non-Community  migrants  live,  and  these  problems 
hamper  diagnosis  and  cure. 
10.5.2.  The  first  and  most  serious  problem  is that 
of patient-doctor  communication.  Unless  appropriate 
measures  are taken,  it is difficult  to find  a solution 
because  migrant  workers  often  have  a poor  command 
of the language  of the host  country. 
10.5.3.  Then  there  are  organizational  problems. 
The Committee  considers  that: 
— the following  are desirable: 
(a) special  medical  advisory  facilities,  staffed  by 
general  practitioners  and  specialists  with  a 
knowledge  of the migrant's  language; 
(b) courses  for  doctors  and  paramedical  staff 
which  include  periods  of  training  in 
institutions  or hospitals  in the  migrant's 
country  of origin; 
17.1.76 Official  Journal  of the European  Communities No C 12/25 
(c) the  setting  up of medical  centres  staffed  by 
doctors  and  paramedical  staff  from  the 
migrant's  country  of origin; 
— the  following  are necessary: 
(a) employment  of specialist  social  workers,  and 
setting  up of interpreting  services  for medical 
and. social  matters; 
(b) printing  short  bilingual  glossaries  of medical 
terms,  and  their  distribution  among  patients. 
10.5.4.  Finally,  the Committee  points  out that: 
(a) when  migrant  workers  from  Community 
countries  fall  sick,  they  should  be covered  by the 
current  provisions  of Regulations  (EEC)  No 
1408/71  (14  June  1971)  and  (EEC)  574/72  (21 
March  1972)  on  social  security  schemes  for 
employed  persons  and  their  families  moving 
within  the Community; 
(b) in the case  of migrant  workers  from  non-member 
countries,  and  in the absence  of more  favourable 
bilateral  agreements,  the  Council  of Europe's 
European  convention  of 11 December  1953  on 
social  and  medical  assistance  should  apply.  This 
convention  has  already  been  ratified  by all the 
Nine. prevention  rules.  In brief,  this  body  should  publish  'a 
series  of documents  as a help  towards  overcoming 
the complex  psychological  problems  which  arise 
when  migrant  workers  enter  a new  living  and 
working  environment'. 
10.6.  REPATRIATION  OF  THE  MIGRANT  WORKER 
10.6.1.  The  Commission's  action  programme  does 
not deal  explicitly  with  the  return  home  of 
Community  and  non-Community  migrant  workers. 
10.6,2.  It  was  stated  above  that  the  migrant 
worker  should  be  given  the  choice  between 
assimilation  in the  host  country  or return  to his 
country  of origin,  and  a list  was  made  of possible 
motives  for  returning  home.  The  Committee  draws 
the attention  of the  Commission  and  the  Council  to 
the need  to help  the  migrant  worker  and  his family 
when  he returns  to his country  of origin.  Possibilities 
here include  the  provision  of information  on job 
opportunities,  the retention  of rights  acquired  in the 
host country,  and  the  recognition  of certificates  and 
diplomas  obtained  in the host  country. 
10.7.  STATISTICS  ON  MIGRATION 
10.5.5.  The  prevention  of employment  injuries  to 
migrant  workers,  which  the  Commission  deals  with 
under  the  section  on  health,  should  be  treated 
separately. 
The Committee  takes  note  of the  Commission's 
undertaking  to present  proposals  in the  near  future 
on 'preventive  medicine  and  socio-medical  services,  as 
well as training  migrant  workers  in the prevention  of 
industrial  accidents  and  illnesses'.  It notes  too  that 
migrants  often  do dangerous  and  unhealthy  work, 
which  leads  to accidents,  and  refers  to the study  on 
the prevention  of occupational  accidents,  adopted  by 
the Economic  and  Social  Committee  on 27 February 
1975. 
10.5.6.  In  its study,  the Committee  called  upon  the 
Commission  to  establish  a Community  body 
responsible  for promoting  the education  and  training 
of workers,  developing  a standard  system  of warning 
signs,  symbols,  etc.  and  translating  accident 10.7.1.  In  rounding  off  this  discussion,  reference 
should  be made  to the pressing  need  for studies  and 
statistical  surveys  which  will  yield  fairly  accurate 
figures  on the numbers  involved  in intra-Community 
migration,  the individuals  concerned  and  action  taken 
in the  interests  of migrants.  Such  statistics  are  a 
prerequisite  for social  programmes. 
10.7.2.  The  Committee  also  considers  that  the 
Council  should  adopt  as a matter  of urgency  the 
proposal  for  a Council  Regulation  on  the 
establishment  of homogeneous  statistics  concerning 
foreign  workers.  In its opinion  of 28 March  1973  on 
the above,  the  Economic  and  Social  Committee 
welcomed  the  proposal,  and  affirmed  that  a 
'Community  policy  on employment'  could  only  be 
pursued  on the  basis  of knowledge  of the  relevant 
facts  and  statistics.  Such  data  had  to be at least 
homogeneous,  frequently  updated,  accurate  and 
available  within  a reasonable  period.  They  should 
cover  nationality,  sex,  branch  of economic  activity, 
occupation,  age,  region  and  family  situation. 
No C 12/26 Official  Journal  of the European  Communities 17.1.  76 
11. CIVIC  AND  POLITICAL  RIGHTS 
11.1.  THE  GRADUAL  CONCESSION  OF  CIVIC  AND 
POLITICAL  RIGHTS 
11.1.1.  The  Committee  has  devoted  particular 
attention  to this  matter,  partly  on  the  basis  of 
proposals  from  the  Commission  and  previous 
Committee  opinions. 
11.1.2.  We  are  not  talking  here  of fundamental 
civil liberties  (freedom  of  expression  and  of 
association),  or of protecting  the  essential  needs  of 
everyday  life.  Aliens  may  already  exercise  these  rights 
by virtue  of private  international  law,  irrespective  of 
whether  they  are  migrant  workers.  What  we  are 
concerned  with  are  those  public-law  rights  of the 
individual  which,  to date,  have  been  the prerogative 
of nationals. 
11.1.3.  Having  regard  to the decisions  taken  at the 
Paris  summit  conference,  the Committee  is in favour 
of extending  civic  and  political  rights  to migrant 
workers  by stages  and  in a spirit  of cautious  realism, 
pending  the  creation  of 'Community  citizenship'. 
Among  the points  to bear  in mind: 
(a) such  rights  should  be granted  firstly  at local,  then 
at regional,  and  finally  at national  level  (due 
allowance  should  be made  for  the  stage  of 
integration  achieved  in the  individual  Member 
States); 
(b) such  rights  would  be granted  only  to migrant 
workers  who  can  be considered  to have  settled 
permanently  (i.e.  residence  of five  or seven 
years).  Workers  emigrating  for a stay  of one,  two 
or three  years,  with  the  avowed  intention  of 
returning  home  thereafter,  would  be excluded; 
(c) migrant  workers  should  be allowed  to exercise 
political  rights  in their  country  of origin  (for 
example,  by  postal  votes  or by  voting  in 
embassies),  until  they  are granted  political  rights 
in their  host  country. 
11.1.4.  As  regards  the  actual,recognition  of civic 
and political  rights,  the Committee: (a) would  reiterate  the request  which  it made  in June 
1972  for  urgent  steps  to  allow  general 
introduction  of the  system  already  working  in 
some  parts  of Belgium  (Liege,  several  boroughs 
on the outskirts  of Brussels,  Limburg),  Germany 
and the  Netherlands.  Under  this  system, 
committees  and  bodies  of immigrant  workers  or 
their  representatives  have  been  formed,  mainly  to 
advise  local  authorities.  Account  should  be taken 
of previous  experience  in setting  up  such 
committees  and  bodies  and  they  should  only  be 
formed  at the request  or with  the consent  of the 
immigrant  workers  concerned; 
(b) asks  that  as soon  as possible,  and  at all events  by 
1980,  permanently-resident  migrant  workers  be 
granted  the  right  to vote  in local  elections  and 
stand  as  candidates  in such  elections.  The 
participation  of Community  workers  in the 
running  of local  authorities  is a 'legitimate 
assumption  of responsibility  by migrant  workers 
in their  civic  community'; 
(c) asks  the  Commission:  (i) to study  methods  of 
extending  civic  rights  at provincial,  regional  and 
national  levels  and  timetables  for such  measures, 
and then  formulate  appropriate  proposals;  (ii) to 
look  into  all the other  problems  connected  with 
the assimilation  of the  Community  worker  into 
civic  life (such  as naturalization,  the granting  of 
citizenship,  compulsory  national  service  and  so 
on) and  with  private  international  law  (divorce, 
status  of unmarried  mothers,  etc.). 
11.1.5.  The  forthcoming  election  of the  European 
Parliament  by universal  suffrage,  in line  with  the 
decisions  taken  at the Paris  summit,  will  raise  certain 
problems  with  respect  to migrant  workers.  The 
Commission  and  the  Council  should  vimmediately 
start  to work  out  how  it can  be made  easier  for 
migrant  workers  to exercise  voting  rights  in the 
Member  State  where  they  are employed. 
11.2.  PARTICIPATION  IN  ALL  'TECHNICAL  BODIES' 
11.2.1.  The  Committee  considers  that  Community 
migrant  workers  — working  through  the machinery 
used  in the host  country,  and  preferably  through  the 
appropriate  trade  organizations  — should  play  an 
increasing  role  in all state  and  semi-state  bodies 
which  deal  with  matters  of concern  to them. 
17.1.76 Official  Journal  of the European  Communities No C 12/27 
11.2.2.  The  Committee  urges  the  Commission  to 
carry  out  a country-by-country  inquiry,  so as to 
ascertain  what  state  and  semi-state  bodies  there  are of 
the type  mentioned  above.  This  inquiry  would  be 
followed  by the  submission  of detailed  proposals 
which  would  serve  to convince  Community  migrants 
that they  have  the  same  legal  rights  as indigenous 
workers. 
12. ILLEGAL  IMMIGRATION 
12.1.  The  action  programme  in favour  of migrant 
workers  and  their  families  devotes  a chapter  to illegal 
immigration.  In  this  chapter,  the  Commission 
condemns  illegal  migration,  identifies  its causes, 
outlines  its adverse  effects  on the labour  market  — as 
well as on the protection  of workers,  and  concludes 
with a promise  to propose  concrete  remedies. 
On 24  June  1975,  the  International  Labour 
Conference  adopted  Convention  No  143  on illegal 
migration  and  the  fostering  of equal  opportunities 
and equal  treatment  for  migrant  workers.  This 
requires  contracting  states  to  eradicate  illegal 
migration  and  the  illegal  employment  of migrants. 
Persons  behind  the traffic  in illegal  migrants  are to be 
prosecuted. 
12.2.  The  Committee  shares  the  Commission's 
concern.  It welcomes  the Commission's  interest  and 
determination  to use  every  means  to combat  illegal 
migration. 
In addition,  the Committee: 
(a) urges  the Commission: 
1. to call  on  the  Member  States  to ratify 
International  Labour  Convention  No  143,  or 
at least  part  one  thereof; 
2. to arrange  meetings  between  the  relevant 
politicians  and  officials  of the Member  States 
with  a view  to harmonizing  administrative 
provisions,  regulations  and  penalties; 
(b) calls  on the Member  States  to carry  out a survey 
of illegal  migration  in their  respective  territories. 
13. COORDINATION  OF  MIGRATION  POLICIES 
13.1.1.  As  the  crowning  point  of its programme, 
the Commission  points  to  the  need  for Community-level  coordination  of the Member  States' 
policies  on migration. 
13.1.2.  In  this  connection,  the  Committee  would 
refer  to its opinion  of 28 June  1972  on the develop-
ment  of the social  situation  in the Community.  The 
Committee  finds  that  the Commission's  approach  to 
the problem  provides  a suitable  basis  for  concrete 
decisions.  This,  despite  the fact  that  the part  of the 
programme  which  deals  with  the  coordination  of 
migration  policies  does  not  contain  an  explicit 
definition  of: (a) the general  framework,  namely  the 
common  employment  policy,  within  which 
coordination  is to occur  (this  point  has  already  been 
stressed  by the  Committee);  or (b) the  relationship 
between  the free  movement  of Community  workers, 
migration  and  the  employment  of migrant  workers 
from  non-EEC  countries. 
13.1.3.  The  Committee  agrees  with  the 
Commission's  view  that  coordination  presupposes 
fairly  regular  reviews  of the  various  aspects  of the 
migration  situation  and  labour  market  requirements, 
including  (i) the rate  of migration;  (ii) its nature,  i.e. 
whether  temporary  or  permanent;  (iii)  the 
geographical  origin  of  migrants,  and  their 
occupations;  and  (iv)  the  scope  for  employing 
migrant  workers  in host  countries. 
13.1.4.  In  carrying  through  this  coordination,  due 
account  should  be taken  of regional  policy,  the 
common  development  policy  and  all other  common 
policies  (regardless  of whether  they  are  specifically 
provided  for  in the  Treaty  of Rome).  In this 
connection,  measures  allowing  migration  from 
non-member  countries  must  be at least  temporarily 
suspended  at times  when  other  workers  from  such 
countries  are  being  compelled  to return  home 
because  they  cannot  find  work. 
13.1.5.  Once  the  medium-  and  long-term 
objectives  have  been  laid  down,  the subject  matter  for 
coordination  would  be selected  by the  Commission 
and the Ministers  for Social  Affairs  of the Nine.  The 
Commission  would  make  the  proposals  and  the 
Ministers  for  Social  Affairs  would  take  the  final 
decisions. 
Subject  to the  above,  the  Committee  approves  the 
Commission's  initial  proposals.  It is particularly  in 
favour  of: 
1. introduction  of  a standard,  outline  bilateral 
agreement  for  use  by individual  Member  States 
and non-member  countries. 
2. work  on a 'single  agreement'  between  the Nine  as 
a group  and  individual  non-member  countries. 
The aim  would  be to give  form  and  substance  to 
No C 12/28 Official  Journal  of the European  Communities 17.1.  76 
the Community  policy  on migration  and  draw  on 
the experience  of various  host  countries.  Above 
all, such  an agreement  would  prove  to the outside 
world  that  the Community  is a .social,  economic 
and political  reality. 
3. the adoption  of  standard,  minimum  rules 
regarding  immigration  commitments  by  the 
Community  in association  agreements,  and  in 
certain  trade  agreements. 
III. CONCLUSIONS 
14.1.  PLACING  THE  ACTION  PROGRAMME  IN  ITS 
PROPER  CONTEXT 
14.1.1.  The  Committee  would  reiterate  that  the 
action  programme  in favour  of migrant  workers  and 
their  families  should  be fitted  into  the  broader 
context  of the  EEC's  social  policy.  The  action 
programme  should  be  assessed  against  the 
background  of the  common  social  policy.  In this 
connection,  an important  point  has  already  been 
made  by the Committee  in its opinion  on European 
Union.  Social  policy  is among  the  'policies  to be 
pursued  in the  European  union',  and  one  of the 
fundamental  aims  of that  social  policy  is 'the 
development  of a European  policy  on immigration 
from  non-member  countries,  and  particularly  from 
the associated  European  and  African  States'. 
14.1.2.  In  addition,  the  Committee  would  state, 
even  at the  risk  of repeating  itself,  that  the  action 
advocated  in the programme  should  be assessed  and 
implemented  as part  of a Community  employment 
policy.  The  term  'Community  employment  policy' 
should  be taken  in its broadest  sense,  and  be based 
on criteria  of economic  utility  and  social  betterment. 
The funds  needed  to finance  the implementation  of 
this policy  'must  be allocated  out of the Community 
budget'. 
14.2.  THE  LEGAL  NATURE  OF  THE  ACTION  PRO-
GRAMME 
14.2.1.  The  Committee  notes  that  it was  the 
Council  that  called  for  submission  of an action 
programme.  It is necessary  to make  a general 
evaluation  of the programme,  before  the Commission 
is asked  to propose  Regulations  and  Directives 
implementing  the individual  measures  mentioned  in 
the programme.  Some  of these  measures  need  to be 
taken  as a matter  of urgency,  others  in the medium 
or long  term. 
14.2.2.  The  Committee  trusts  that  the Council  will 
not merely  take  note  of the  programme,  but  will 
adopt  a resolution  or a Decision  which  lays  down 
general  principles,  gives  a timetable  and  formally calls on the Commission  to submit  draft  Regulations 
and Directives  on the individual  measures  proposed 
by the programme. 
14.3.  THE  CHARTER  FOR  MIGRANTS 
14.3.1.  The  European  Parliament  has  asked  the 
Commission  to submit  a 'charter  for  migrants',  a 
document  otherwise  known  as the  'statute  for  the 
migrant  worker'. 
The Committee  has some  doubts  about  the value  of 
charters  as vehicles  for principles  and  guidelines  of a 
political  or economic  nature.  It will  take  a stand  on 
the matter  when  the Commission  submits  a formal 
proposal. 
14.4.  PRIORITIES  AND  DEADUNES 
14.4.1.  Six  of the proposed  measures  have  already 
been  accepted  and  implemented,  or are in the process 
of being  put into  effect.  These  six measures  are: 
1. family  benefits  for members  of migrant  workers' 
families  who  remain  in their  home  country; 
2. the SEDOC  system; 
3. legislation  on conflict  of laws; 
4. the exercise  of trade-union  rights; 
5. the right  to remain  in the host  country; 
6. education  of migrants'  children. 
14.4.2.  The  Committee  considers  that  absolute 
priority  should  be given  to: 
(a) the suppression  of illegal  immigration; 
(b) compilation  of  statistics  and  provision  of 
information.  The  Commission  should  submit 
proposals  on these  matters  by 31 January  1976. 
The Council  should  adopt  the  relevant 
Regulations  and Directives  without  delay. 
14.4.3.  Next  in order  of priority  comes  the set of 
proposals  on free  movement  and  social  security  of 
Community  workers,  vocational  training  and 
language  tuition.  Proposals  for all matters  of concern 
to Community  migrant  workers  should  be submitted 
in the first  half  of 1976.  The  Council  should  adopt 
the relevant  legal  instruments  by the end of 1976. 
14.4.4.  At  the same  time,  the Commission  should 
draw  up  measures  on  migrant  workers  from 
* 
17.1.76 Official  Journal  of the European  Communities No C 12/29 
non-member  countries  in the areas  of social  services, 
accommodation  and  health;  the  relevant  proposals 
should  be submitted  in 1976,  so that  at least  the most 
important  ones  can be adopted  in 1977.  Furthermore, 
in the first  half  of 1976  studies  should  be carried  out 
and proposals  drafted  with  a view  to the submission 
of draft  instruments  of civic  and political  rights. 
14.4.5.  Lastly,  work  on  the  coordination  of 
policies  on migrants  should  commence  in the early 
months  of 1976. 
14.4.6.  Given  the  enormous  amount  of work 
involved,  the above  timetables  and  order  of priorities 
are clearly  just  a rough  guide.  The  Committee  would, 
however,  stress  the  importance  it attaches  to 
resolving  the  problems  of  Community  and 
non-Community  migrant  workers  it is essential  to 
make  up the delays  which  have  occurred. 
14.4.7.  The  Committee  urges  that  the 
Community's  annual  budget  be assigned  the  funds 
necessary  for  the  implementation  of the  action 
programme.  Here  it is thinking  in particular  of the 
social  and regional  funds. The Committee  points  out that  some  decisions  which 
the Council  has  already  taken  on migrant  workers 
are liable  to be jeopardized  by a shortage  of funds. 
14.5.  MIGRANT  WORKERS  AND  EUROPEAN  UNION 
14.5.1.  This  promising  new  concept  of  the 
European  Economic  Community  began  to acquire 
specific  shape  at the  Paris  summit  conference. 
European  union  is relevant  to migration  issues.  The 
Economic  and  Social  Committee  has  included 
migration  issues  among  the objectives  and  tasks  of 
European  union,  and  has  pointed  out that  the union 
will come  to nothing  if it does  not  embrace  the 
economic  and social  spheres. 
14.5.2.  The  issues  in question  are covered  by the 
action  programme  in favour  of migrant  workers  and 
their  families.  The  Committee  endorses  the  action 
programme,  and  trusts  that  the Council  will  approve 
it by means  of a Decision  or resolution,  thus  proving 
that Community  migrant  workers  will  have  civic  and 
other  rights  in the future  European  union.  Migrant 
workers  from  non-member  countries  will  then  look 
on the European  union  as a vehicle  for improving  the 
living  and  working  conditions  of all  who  work 
within  its frontiers  to the benefit  of other  individuals 
and the Community  at large. 
Done  at Brussels,  30 October  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
ANNEX 
to the opinion  of the Economic  and  Social  Committee 
1. The  following  amendments  were  rejected: 
Item  2.1.3 
Reword  the second,  third  and  fourth  sentences  as follows: 
'The  Treaty  of Rome  provides  for precise  rules  for EEC  workers.  The  Committee  considers 
that as regards  non-EEC  workers,  it is essential  that  outline  agreements  be negotiated 
No C 12/30 Official  Journal  of the European  Communities 17.1.76 
between  governments,  employers  and  trade  unions  in the  Member  States  and  their 
counterparts  in migrants'  countries  of origin.  Such  agreements  must  afford  non-EEC 
workers  and their  families  full equality  as regards  social,  economic  and trade  union  rights.' 
Result  of the vote 
For: 35; against:  46; abstentions:  4. 
Item 4.1.2  (b) 
Reword  paragraph  (b) as follows: 
'(b) consideration  should  be given  to ways  of extending  the following  to non-EEC  migrants: 
equal  treatment  with  nationals  as regards  working  conditions,  vocational  training  facilities, 
social  security  benefits,  trade  union  rights,  and  the  right  to be accompanied  by one's 
family.  And  it is also  necessary  to examine  and  negotiate  the  conditions  under  which 
non-EEC  workers  may  obtain  work  in a Member  State  and  take  up permanent  residence 
after  they  have  lived  there  for some  time.' 
Result  of the vote 
For: 31; against:  50; abstentions:  11. 
Item 4.1.3 
Reword  the first  sentence  as follows: 
'Everything  possible  must  be done  to afford  immigrant  workers  equal  rights  in the host 
country,  whether  they  come  from  another  Member  State  or not.' 
Reason  given  for proposing  amendments 
Items  4.1.2  (b) and  4.1.3  are linked  together.  They  must  be made  clearer,  in the interests  of 
EEC  and non-EEC  workers. 
Result  of the vote 
For: 9; against:  31; abstentions:  6. 
Item 7.1.3 
Reword  as follows: 
'One  of the ways  to move  towards  a people's  Europe  would  be to introduce  equal  rights  for 
all citizens  of Member  States.  Only  this,  together  with  the implementation  of free  movement, 
will eventually  lead  ...' (rest  unchanged). 
Reason  given  for proposing  amendment 
The Committee  has  agreed  to delete  references  to territorial  unification  and  European 
citizenship  from  its preliminary  remarks  in item  6.2. Item  7.1.3  should  be aligned  accordingly, 
as equality  of rights  is a solid  base  for subsequent  evolution  towards  a social,  democratic 
and progressive  Europe. 
Result  of the vote 
Against:  majority;  abstentions:  6. 
17.1.76 Official  Journal  of the European  Communities No C 12/31 
Item  12.2  (a) 
Delete  the words: 
. or at least  part  one  thereof'. 
Reason  given  for proposing  amendment 
International  Labour  Convention  No  143  deals  with  a whole  series  of matters  relating  to 
non-EEC  migrants'  rights.  In the second  recital,  the Committee  as a whole  has accepted  that 
it would  be worthwhile  to mention  in the opinion's  Appendix  all relevant  ILO  Conventions, 
including  No 143.  It would  therefore  be wrong  for it to qualify  this  standpoint  in the body 
of the text. 
Result  of the vote 
For: 21; against:  31; abstentions:  11. 
2. Original  version  of the  opinion  submitted  to the  Committee  by the  Section  for  Social 
Questions 
Item  2.2.1 
The main  thing  is to resolve  the  problems  of migrant  workers  and  their  families.  Time 
should  not  be lost  in endeavouring  to establish  whether  migration  is of greater  benefit  to 
labour-ipiporting  or labour-exporting  countries.  Migration  is necessary  to both  sets  of 
countries,  and  they  both  derive  advantages  and  disadvantages. 
Item  7.6.5 
All the  same,  the Section  would  expressly  endorse  this  right  of the  EEC  migrant.  It is a 
right  which  has  become  more  significant  recently,  and  will  become  more  important  still, 
when  the Council  adopts  the Directives  on public  limited  companies,  above  all the Directive 
on the statute  for the European  Company. 
Item  8.2.5.5 
The Section  refers  back  to the Committee's  opinion  of 28 March  1974.  As regards  the first 
issue,  it would  observe  that  the economic  and  social  situation  is no longer  consonant  with 
the stipulation  that  for four  weeks  the migrant  worker  must  remain  available  for work  in 
the Member  State  where  he has  acquired  entitlement  to benefits.  This  waiting  period  was 
originally  based  on the possibility  that  the migrant  might  be re-absorbed  by industry.  In the 
present  economic  situation,  such  a possibility  no longer  exists.  The  Member  States  should 
instruct  the  relevant  departments  and  institutions  to make  widescale  use  of the  clause 
allowing  them  to reduce  the four-week  period. 
Item  8.2.5.6 
The Section  considers  that  payment  of unemployment  benefit  for three  months  only  is a 
reasonable  compromise.  If the  principle  of equality  of treatment  as between  national  and 
migrant  workers  were  observed  rigorously,  migrants,  like  national  workers,  would  have  to 
remain  available  for re-employment  in the host  country,  in order  to retain  entitlement  to 
benefit.  Migrants  who  returned  to their  country  of origin  would  lose  all claim  to unemploy-
ment  benefit.  To prevent  this  unreasonable  state  of affairs  from  arising  migrants  are,  under 
Regulation  (EEC)  No  1408/71,  entitled  to benefit,  even  if they  return  to their  country  of 
origin.  Save  in exceptional  circumstances,  such  benefit  is payable  for a period  not  exceeding 
three  months. 
No C 12/32 Official  Journal  of the European  Communities 17. 1. 76 
Item  9.5.7 
The Section  gives  its full backing  to this  proposal.  It believes  that  consideration  can be given 
to granting  workers  time  off with  pay  for the purpose  of learning  the language  of the host 
country.  Such  courses  should  be run in accordance  with  the paid  day-release  systems  to be 
used  in the  Member  States.  In this  connection  the  Section  considers  that  it would  be 
adequate  if the Nine  simultaneously  ratified  ILO  Convention  No  140  and  undertook  to 
apply  recommendation  No  148.  Both  instruments  provide  for paid  leave  for educational 
purposes. 
Item  11.1.4  (a) 
(a) Points  to its request,  made  in June  1972,  that  the  system  already  working  in some 
districts  of Belgium  (Liege,  some  boroughs  on the  outskirts  of Brussels,  Limburg), 
Germany  and  the  Netherlands  be applied  generally  as soon  as possible.  Under  this 
system,  committees  and  bodies  of migrant  workers  or their  representatives  have  been  set 
up, mainly  to advise  local  authorities.  Account  should  be taken  of previous  experience 
in this  field,  and of the wishes  of the migrant  workers  concerned.