7. 3. 90 Official Journal of the European Communities No C 56/63 
financial clarification still needs to be made, for exam­
ple regarding support for hardware costs in setting up 
networks. The system also links up with multilingual 
progammes currently promoted by the Community. 
1.4. The Committe would consequently urge Mem­
ber States to integrate Handynet facilities when submit­
ting programmes in the context of the Structural Funds, 
so that the training needs of disabled people and the 
resultant infrastructural needs, particularly of the less 
developed regions, may be fully appreciated. 
1.5. The Committee considers the proposal as an 
intermediary step which must be carefully monitored. 
Done at Brussels, 15 November 1989. 
1. The Committee endorses the proposal to update 
and improve the much amended parent Regulation on 
social security cover for workers and their families 
moving within the Community. 
The Committee is also pleased that the Commission 
has moved in the direction mapped out in the Commit-
(J) OJ No C 206, 11.8. 1989, p. 2. The next step should be the development of comparable 
norms and standards of equipment for the disabled 
throughout the Community, together with appropriate 
testing and quality control, plus more open access to 
available equipment. 
2. Specific comments 
2.1. Article 2 should clarify that 'vocational training' 
is included under 'employment'. 
2.2. It should also be made clear that the employ­
ment module seeks to achieve a better knowledge of 
social realities affecting disabled people. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
tee's April 1989 opinion (CES 571/89). The Commission 
should continue along this path, and the present pro­
posal is a step forward. 
2. The proposal is extremely systematic and detailed, 
reflecting the complex rules which govern Member 
States' national social security arrangements; there rules 
are not affected by the coordinating Regulations enact­
ed in pursuance of Article 51 of the EEC Treaty. The Opinion on the proposal for a Council Regulation (EEC) amending Regulation (EEC) 
No 1408/71 on the application of social security schemes to employed persons, to self-
employed persons and to members of their families moving within the Community and 
Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) 
No 1408/71 (!) 
(90/C 56/16) 
On 24 August 1989 the Council decided to consult the Economic and Social Committee, 
under Article 235 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Social, Family, Educational and Cultural Affairs, which was responsible for 
preparing the Committee's work on the subject, adopted its opinion on 9 November 1989. 
The rapporteur was Mr Beretta. 
At its 271st plenary session (metting of 15 November 1989), the Economic and Social 
Committee unanimously adopted the following opinion. 
No C 56/64 Official Journal of the European Communities 7. 3. 90 
proposal is prompted by the Court of Justice judgments 
on the pensions side of social security, thus fulfilling 
an established need. 
3. The conclusions drawn by the Commission from 
the Court's most recent rulings are of particular signifi­
cance. They may be summed up as follows: 
3.1. Limits to the application of national rules against 
overlapping 
Article 46 (3) of Regulation (EEC) No 1408/71 was 
originally intended to prevent overlapping at Com­
munity level. However, the Court of Justice has ruled 
that Community law cannot supplant Member States' 
rules as regards the methods of implementation. The 
Community is competent only to fix the limits within 
which the national rules against overlapping can come 
into play. 
3.2. Extension of the concept of benefits of the same 
kind 
In order to define this concept, reference has been made 
to the different pensions to which entitlement is earned 
by virtue of the insurance of one and the same person. 
3.3. Scope of Article 12(2) of Regulation (EEC) No 
1408/71 (overlapping pensions) 
Under Article 12(2), Member States can only take 
action if the overlapping of national pensions with 
Done at Brussels, 15 November 1989. foreign pensions is covered by their national rules. They 
may not reduce overlapping pensions under national 
rules which cover only 'domestic' overlapping. 
4. The Committee would make the following com­
ments: 
4.1. As the last opinion on the subject (CES 1237/ 
88) pointed out, both the introduction to the proposal 
and the amending Regulation itself use the term 
'migrant workers' when they in fact mean citizens of a 
Member State moving within the Community. This 
should be corrected to avoid confusion. 
4.2. Whilst the Committee sees this latest updating 
as a step towards more effective regulation, it would 
again highlight the delays and red tape which Com­
munity citizens moving within the Community encoun­
ter when they claim social security benefits to which 
they are entitled. 
4.3. Although the definition of a legal status for the 
family unit is not relevant here, the Committee would 
point out the problems created by legal provisions 
which employ a Community definition in connection 
with the right of free movement and residence, and 
national rules in connection with social security. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE