19. 9. 74 Official  Journal  of the  European  Communities No C 109/37 
Having  regard  to  the  Decision  taken  by  its 
Chairman  on 25 April  1974  instructing  the  Section 
for Economic  and  Financial  Questions  to prepare 
an Opinion  on the  matter  ; 
Having  regard  to  the  Opinion  delivered  by  the 
Section  for  Economic  and  Financial  Questions  at its 
meeting  of 7 May  1974  ; 
Having  regard  to the  oral  report  submitted  by Mr 
Friedrichs,  the Rapporteur  ; 
Having  regard  to  the  discussions  at  its  120th 
Plenary  Session,  held  on  29  and  30  May  1974 
(sitting  of 29 May), HAS  ADOPTED  THE  FOLLOWING  OPINION  : 
The Economic  and  Social  Committee  approves  the 
Commission's  proposal  for  a Directive  extending  by 
one year,  to 30  June  1976,  the  first  stage  in the 
harmonization  of taxes  on  manufactured  tobacco, 
in order  to  permit  further  consideration  of  the 
conditions  in the  market  in manufactured  tobaccos 
in the enlarged  Community. 
Done  at Brussels,  29 May  1974. 
The Chairman 
of the 
Economic  and  Social  Committee 
Alfons  LAPPAS 
OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on the  Communication  from  the  Commission  to the  Council  on the  creation  of the 
European  Foundation  for the Improvement  of Living  and  Working  Conditions 
The text  of the  draft  (part  of the  abovementioned  communication)  has  been  published 
in the  Official  Journal  of  the  European  Communities  No  C 35 of 28 March  1974, 
page  5. 
A. LEGAL  BASIS  FOR  THE  OPINION 
At its meeting,  held  on 21 December  1973,  the  Council  referred  the  abovementioned 
proposal  for  the abovementioned  communication  to the Economic  and  Social  Committee 
on an optional  basis. 
The request  for  an Opinion  was  sent  by the  Council  to the  Economic  and  Social 
Committee  on 21 December  1973. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its Opinion  on the  above  matter  at its 
120th  Plenary  Session,  held  in Brussels  on 29 and  30 May  1974. 
The full  text  of the  Opinion  is as follows  : 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request,  dated  21 March  1973, 
from  the  Council  of the  European  Communities  for 
an Opinion  on  the  Communication  from  the 
Commission  to the  Council  on  the  creation  of a 
European  Foundation  for  the  Improvement  of 
Living  and  Working  Conditions  (and  the  accompan-
ying  proposal  for a Council  Regulation)  ; 
Having  regard  to the  Decision  taken  by the  Bureau 
of the  Economic  and  Social  Committee  on  29 
January  1974  entrusting  the  Section  for  Protection of the  Environment,  Public  Health  and  Consumer 
Affairs  with  the  preparation  of an Opinion  on the 
matter  ; 
Having  regard  to Article  198  of the  Treaty  esta-
blishing  the  European  Economic  Community  ; 
Having  regard  to the  Supplementary  Opinion  of the 
Section  for Social  Questions  ; 
Having  regard  to  the  Opinion  delivered  by  the 
Section  for  Protection  of the  Environment,  Public 
Health  and  Consumer  Affairs  at its meeting  on 13 
May  1974  ; 
No C 109/38 Official  Journal  of the European  Communities 19. 9. 74 
Having  regard  to the  report  submitted  by Mr  De 
Grave  ; 
Having  regard  to  the  discussions  at its  120th 
Plenary  Session  on 29 and  30 May  1974  ; 
Whereas  improvement  of living  and  working  condi-
tions  is one  of the  goals  of the  European  Commu-
nity and  whereas  a European  Foundation  could 
perform  important  tasks  in this  field  ; 
Whereas  such  a foundation  can  carry  out  the  tasks 
assigned  to it only  if it has  a sound  legal  basis  and  a 
balanced  structure  assuring,  inter  alia,  adequate 
participation  by the various  social  groups, 
HAS  ADOPTED  THE  FOLLOWING  OPINION  : 
The Committee  approves  the  proposal  for  a Regula-
tion subject  to  the  following  comments  : 
1. GENERAL  COMMENTS 
1.1. The  industrial  environment  develops  and 
changes  as new  production  techniques  are  intro-
duced  in undertakings.  In some  industries,  techno-
logical  change  can  result  in an improvement  in the 
setting  and  conditions  of work  (by  lightening  work, 
by making  jobs  cleaner  and  more  attractive  and  by 
enabling  working  hours  to be made  more  flexible). 
In other  sectors,  however,  such  changes  can  dehu-
manize  work  (for  example,  repetitive  tasks,  fast 
work  rates,  noisy,  smoky  or chemically  polluted 
work  environment,  mental  stress).  In most  cases, 
changes  of this  type  are  introduced  after  the 'works 
council'  and  staff  representatives  have  been 
informed  and  consulted.  The  Foundation  could 
investigate  other  ways  of consulting  workers  and 
securing  their  participation  with  a view  to 
improving  physical  working  conditions,  workplace 
layout  and  the work  environment. 
1.2. Although  preventive  medicine  has  definitely 
reduced  the  incidence  of occupational  diseases,  the 
overall  frequency  of industrial  accidents  in the 
Member  States  had  not  diminished  decisively  or for 
any length  of time.  Consequently,  the  human  and 
social  implications  of  accidents  and  their  cost, 
together  with  the  production  losses  and  delays 
which  they  entail,  as  well  as  the  control  of 
dangerous  substances  and  pollutants  (both  old  and new)  and  the  curbing  of occupational  diseases  (parti-
cularly  mental  disorders)  are  still  major  concerns 
not only  for  governments  but  also  for  undertakings 
and the  various  social  groups.  Exact  data  are 
needed  on how  the  situation  is developing  and  on 
effective  action  to mitigate  the  harmful  aspects  of 
work. 
1.3. The  Committee  considers  that  it is time  to 
recognize  that  people  have  a right  to work  that  as 
far as possible  meets  individual  aspirations  just  as 
they  have  a right  to adequate  pay  and  security  of 
employment  and  that  this  right  is of considerable 
economic  and  social  importance  and  can  even  influ-
ence  economic  growth  in industrialized  countries. 
1.4. Consequently,  serious  studies  should  be 
carried  out  in the  Community  without  delay  into  all 
the conditions  for  and  implications  of a general 
improvement  in working  conditions,  and  appro-
priate  legislation  should  be  developed.  These 
studies  could  form  the  basis  of collective  agree-
ments.  The  European  Foundation  for  the  Improve-
ment  of Living  and  Working  Conditions  — which  it 
was decided  should  be set up within  the  framework 
of the  Community's  social  action  programme  — 
should  play  an active  part  in such  studies. 
1.5. In  its Opinion  on  the  Draft  Social  Action 
Programme  (Doc.  CES  880/73,  page  43),  the 
Committee  came  out  by a large  majority  in favour 
of setting  up  a European  foundation  for  the 
improvement  of the  environment  and  the  raising  of 
living  and  working  conditions,  to promote  long-
term  research  in line  with  the  aims  of the  Commu-
nity's  social  and  environmental  policies. 
1.6. When  examining  the  Community  Environ-
mental  Programme  (Doc.  CES  409/73  fin.  page  9), 
the Section  for  Protection  of  the  Environment, 
Public  Health  and  Consumer  Affairs  already 
stressed  that  it was  becoming  increasingly  necessary 
to abandon  the  past  policy  that  man  must  adapt 
himself  to the development  of technology  and  organ-
ization  techniques.  If man  has  to evolve  with  tech-
nologies  and  forms  of organizations  these  must  take 
account  of his aspirations. 
1.7. As  regards  the proposal  under  discussion,  the 
Committee  points  out  that  the  Commission  envis-
ages  setting  up a foundation  to cover  both  improve-
ment  of living  and  working  conditions  and  improve-
ment  of the  environment  in general.  Such  a twofold 
responsibility  will  not  fail  to raise  problems  when 
the studies  to be undertaken  are being  prepared. 
19. 9. 74 Official  Journal  of the  European  Communities No C 109/39 
Assuming  that  there  will  be a single  foundation, 
consideration  should  at all events  be given  to setting 
up decentralized  structures,  particularly  in respect  of 
the Foundation's  organs.  Of course,  it is not  always 
easy  to make  a clear  distinction  between  'improve-
ment  in living  conditions  in general'  and  'improve-
ment  of working  conditions'.  There  are  inseparable 
interactions,  for  example,  between  family  problems 
and the  situation  at the workplace,  but  health  ques-
tions  are also  of great  importance  in a specific  sense 
for the situation  at the  workplace  and  living  condi-
tions  in general.  However,  problems  connected  with 
the protection  of health  come  only  partially  within 
the Foundation's  terms  of reference,  the  approach 
being  medium-  and  long-term. 
1.8. The  improvement  of living  and  working 
conditions  is also  closely  linked  with  scientific  and 
technological  research,  which  is carried  out  in any 
case.  Consequently  the  link  which  the  Commission 
makes  between  the  quality  of life  amd  improving 
working  conditions  is not  the  sole  conceivable  link, 
and neither  is it a necessary  link.  In practice,  more-
over,  national  ministries  and  Commission  Members 
with  different  responsibilities  deal  with  these 
problems. 
1.9. Under  the  Commission  proposal,  a Member 
State  could  not  propose  for  the  Administrative 
Board  one  official  dealing  with  working  conditions 
and a second  official  responsible  for  environmental 
questions.  This  is liable  to be deterimental  to the 
relations  which  should  exist  between  the  Founda-
tion and  national  administrations.  Therefore,  the 
Committee  suggests  that  the  proposal  be appropri-
ately  amended  (by  doubling  the number  of represen-
tatives  or providing  for  alternates).  In addition, 
although  the  Committee  recognizes  that  there  will 
be problems  as regards  the division  of labour  in the 
Foundation,  it nevertheless  agrees  with  the Commis-
sion's  proposal  that  both  living  and  working  condi-
tions  should  be dealt  with  by a single  Foundation. 
1.10.  The  Committee  notes  with  satisfaction  that 
the Foundation's  main  tasks  will  be to carry  out 
research  and  studies  and  that  it is not  to take  over 
the role  of the  political  organs  or the  social  groups, 
which  is to evaluate  and  apply  as appropriate  th£ 
results  of the  Foundation's  activities,  including  the 
results  of research  already  carried  out. 
1.11.  With  regard  to the  administrative  structure 
of the  Foundation,  the  Committee  finds  that 
broadly  speaking  • there  is a certain  imbalance 
between  the  powers  vested  in the  Director  and  the 
'powers  of the  other  two  organs,  the  Administrative 
Board  and  the  Scientific  and  Technical  Committee. 
The Committee  points  out  that  the  Administrative 
Board,  which  ought  to be the  principal  organ,  has not been  assigned  responsibility  for  the  running  of 
the Foundation,  its role  being  confined  to determining 
the general  guidelines  for the annual  programme  of 
work.  It is also  liable  to have  little  authority  over  the 
Director,  whom  it will  not appoint.  The  Foundation's 
most  important  organ  should  be the  Administrative 
Board,  to which  the  Director  should  be subordinate 
and accountable. 
1.12.  In  general,  the Committee  considers  that  the 
position  assigned  to the social  groups  in the Founda-
tion's  organs  is insufficient.  The  Committee  would 
prefer  joint  management  by the  social  groups,  who 
would  form  the  Administrative  Board.  If this  idea 
could  not  be adopted,  the  social  groups  should  be 
ensured  equivalent  influence  through  the Administra-
tive Board  and  the Scientific  and  Technical  Commit-
tee. 
1.13.  Furthermore,  the  Economic  and  Social 
Committee  considers  that,  given  the  structure 
proposed,  the  Scientific  and  Technical  Committee 
would  have  no real  influence  on the  drawing  up of 
the Foundation's  programmes.  The  Scientific  and 
Technical  Committee  ought  to have  a say  in the 
appointment  of the  Director  and  be able  to influ-
ence  the  broad  guidelines  for  the  Foundation's 
programmes.  The  Committee  believes,  therefore, 
that the  structure  of the  Foundation  and  the  rela-
tions  between  its organs  should  be modified  so as 
to facilitate  greater  participation  of the  two  sides  of 
industry  and  the  representatives  of other  social 
groups  such  as families  and  consumers. 
1.14.  The  Committee  considers  that  all the exam-
ples given  of long-term  studies  are  important,  but 
also problematical  and  not  always  phrased  clearly. 
For example,  'work  at home'  cannot  be precisely 
defined.  If what  is meant  is home  work,  then  this 
example  should  come  under  the  heading  of 
'Improvement  of working  conditions'.  On  the  other 
hand,  it would  be  more  appropriate  to classify 
problems  connected  with  'leisure-time'  under 
'Improvement  in living  conditions  in general'. 
1.15.  The  Committee  regrets,  however,  that 
nowhere  is it stated  clearly  enough  that  the  studies 
to be carried  out  should  also  provide  the  informa-
tion required  for  a precise  appraisal  of  the 
economic  aspects  of any  proposals  to be made. 
2. SPECIFIC  COMMENTS 
2.1. Article  2 
The Committee  would  like  the objectives  assigned  to 
the Foundation  to show  clearly  that  it should  contri-
bute  towards  improving  living  and  working  condi-
No C 109/40 Official  Journal  of the European  Communities 19. 9. 74 
tions,  in liaison  with  studies  carried  out  at national 
and international  level. 
2.2. Article  3 (1) (a) 
The Committee  welcomes  the fact  that  the Founda-
tion can  award  prizes.  However,  eligibility  should 
not be limited.  The  Committee  proposes  that  the 
words  'to  individual  researchers  or institutes'  be 
deleted  so that  the passage  reads  : 
'a) conclude  research  contracts,  grant  financial 
assistance  and  award  prizes'. 
2.3. Article  4 
2.3.1.  In  principle,  the  Committee  considers  it 
desirable  that  the  Foundation  should  come  under 
European  law  rather  than  the  national  law  of the 
country  where  the  Foundation  will  have  its seat. 
From  this  point  of view,  however,  the  provisions 
governing  this  Foundation  with  a special  statute  of 
its own  are definitely  insufficient. 
2.3.2.  The  Committee  has  been  unable  to form  a 
clear  idea  of the  Foundation's  legal  set-up.  It 
considers  that  the legal  aspect  should  be re-examined 
in order  to avoid  legal  difficulties. 
2.4. Article  5 
The Committee  considers  that  the  responsibility  for 
running  the Foundation  should  normally  fall  on the 
Administrative  Board  and  not  on the  Director.  The 
Director's  prerogatives  should  be established  by dele-
gation  of powers.  Article  5 states  that  the  Director 
is to be responsible  to the  Administrative  Board  : 
However,  there  is no  provision  which  actually 
defines  this reponsibility. 
2.5. Article  6 — (1) 
The Committee  considers  that  this  paragraph 
should  read  : 
'The  Director  and  the  Deputy  Director  of the 
Foundation  shall  be appointed  by the  Commis-
sion on  a proposal  from  the  Administrative 
Board.  Their  terms  of employment  and  those  of 
the other  staff  shall  be determined  by the Regula-
tion laying  down  the staff  regulations  and  — in 
so far  as is necessary  — by a special  Regula-
tion'. 
2.6. Article  7 — (3) 
Article  7 (3) should  commence  : 
'The  Director  shall  prepare  the work...'. 2.7. Article  8 
2.7.1.  In  line  with  its general  comments  (point 
1.13)  the  Committee  considers  that  the  social  part-
ners and  other  interested  parties  could  be repre-
sented  as follows  : 
— one-third  of the  members  appointed  on a pro-
posal  from  workers'  organizations  at Community 
level, 
— one-third  of the  members  appointed  on a pro-
posal  from  employers'  organizations  at Commu-
nity level  (in particular  those  representing  small 
and medium-sized  undertakings,  agriculture  and 
commerce), 
— one-third  of the  members  representing  scientific 
and other  circles  concerned  with  the  Founda-
tion's  activities,  including  family  and  consumer 
organizations. 
2.7.2.  The  Board  should  be able  to meet  at the 
request  of one  third  of its members. 
2.8. Article  9 (1) 
The Committee  holds  that  the tasks  of the Adminis-
trative  Board  should  be more  wide-ranging  than  the 
Commission  proposes.  For  instance,  it should  not 
only specify  guidelines  but  also  lay  down  the 
outline  programmes  of action.  In view  of this,  the 
Committee  recommends  that  Article  9 (1)  be 
reworded  to read  : 
'The  Administrative  Board  shall  determine  the 
general  guidelines  of the  Foundation  and  lay 
down  the  outline  programmes  of  action,  after 
having  received  the  Opinion  of the  Scientific 
and Technical  Committee'. 
2.9. Article  12 (3) 
On practical  grounds,  the  Economic  and  Social 
Committee  considers  it essential  for  the  Scientific 
and Technical  Committee  to be convened  with  the 
consent  of the  Director.  However,  the fact  that  this 
self-evident  principle  is stipulated  in Article  12 (3) 
could  give  rise  to the  impression'  that  it is the 
Director  and  not  the Chairman  of the Scientific  and 
Technical  Committee  who  has  the  final  right  to 
decide  if and  when  meetings  will  be convened.  In 
view  of this,  the  Committee  recommends  that  the 
words  'with  the consent  of the  Director'  be deleted 
from  the  first  sentence  of Article  12  (3).  The 
sentence  would  then  read  : 
'The  Committee  shall  be convened  by its chair-
man'. 
2.10.  Article  13 
The Committee  considers  that  this  Article  is not 
sufficiently  precise,  especially  since  it defines  neither 
the rights  nor the obligations  of members. 
19. 9. 74 Official  Journal  of the  European  Communities No C 109/41 
2.11.  Article  14 (1) 
2.11.1.  The  Economic  and  Social  Committee 
wishes  to be involved  in the  work  of the  Founda-
tion since  it could  make  suggestions  for  Founda-
tion work.  In view  of this,  the  second  sentence  of 
Article  14 (1) should  read  : 
'The  programme  shall  take  into  account  propo-
sals from  the  Scientific  and  Technical 
Committee  and  suggestions  which  may  be made 
by Community  organs  and  institutions'. 
2.11.2.  Article  14 (2) 
This  paragraph  should  read  : 
'The  Director  shall  submit  the  programme  of 
work  for  the  approval  of the  Administrative 
Board,  which  shall  decide  by a majority  vote'. 2.12.  Article  15 (2) 
As in Article  14 (1) and  for  the same  reasons,  this 
should  read  'to Community  organs  and  institutions'. 
2.13.  Article  17 
In order  to obviate  the viability  of the  Foundation 
being  questioned  every  time  budgetary  matters  are 
debated,  certain  commitments  should  be secured 
with  regard  to the  amount  of the  subsidy,  and  the 
Foundation's  staff  should  come  under  a set  of 
Community  staff  regulations  suited  to this  objective. 
Done  at Brussels,  30 May  1974. 
The Chairman 
of the 
Economic  and  Social  Committee 
Alfons  LAPPAS 
OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on the  proposal  for  a Council  Directive  concerning  the  quality  required  of surface 
water  intended  for the abstraction  of drinking  water  in the Member  States 
The text  referred  to the Committee  has  been  published  in the Official  Journal  of the 
European  Communities  No  C 44 of 19 April  1974,  page  5. 
A. LEGAL  BASIS  FOR  THE  OPINION 
At its meeting,  held  on 28 January  1974,  the  Council  referred  the  abovementioned 
proposal  for a Directive  to the Economic  and  Social  Committee  on an optional  basis. 
The request  for  an Opinion  was  sent  by the  Council  to the  Economic  and  Social 
Committee  on 30 January  1974. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its Opinion  on the above  matter  at its 
120th  Plenary  Session,  held  in Brussels  on 29 and  30 May  1974. 
The full  text  of the Opinion  is as follows  : 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  letter  dated  30 January  1974 
in which  the President  of the Council  of the  Euro-
pean  Communities  requested  the  Economic  and 
Social  Committee  to deliver  an Opinion  on the pro-
posal  for >a Council  Directive  concerning  the quality 
required  of surface  water  intended  for  the  abstrac-
tion of drinking  water  in the Member  States  ; Having  regard  to Article  198  of the Treaty  of Rome 
establishing  the European  Economic  Community  ; 
Having  regard  to the  Decision  taken  by its Bureau 
at its meeting  held  on 26 February  1974  instructing 
the Section  for  Protection  of the  Environment, 
Public  Health  and  Consumer  Affairs  to prepare  an 
Opinion  on the matter  ;