30. 1. 89 Official Journal of the European Communities No C 23/49 
2.2.6. Article 18 
The updating of the Directives provided for in 
Article 18 should be spelt out more clearly. 
2.2.7. Article 19 
Given the extreme sensitivity of the subject in question, 
serious consideration ought to be given as to how 
involve both the public at large and the social partners 
and experts in the consultative procedures. The Advis­
ory Commitee proposed ought to be receptive to the 
views of such groups, for example through preliminary 
consultations at national, regional and local level. Only 
if the public at large is involved in the deliberations can 
this important new technology develop for the benefit 
of all. 
2.2.8. Article 22 
The Committee is concerned that no obligation is pla-
Done at Brussels, 24 November 1988. 
1. The Committee acknowledges the wisdom of the 
Commission in updating the Regulation and amending 
Regulations concerning the application of social secur­
ity schemes for employed, self-employed and members 
of their families moving within the Community. Inevi­
tably, since the initial Regulation (EEC) No 1408/71 
(') OJ No C292, 16. 11. 1988, p. 7. ced on Member States to make the financial provision 
needed to comply with the Directive. 
2.3. Conclusions 
2.3.1. With this proposal the Commission attempts 
to regulate a very difficult and controversial area. The 
Directive has many elements which point the way for­
ward, and it can form a basis for a systematic accumu­
lation and evaluation of the experience which has hith­
erto been lacking. 
2.3.2. It is hardly possible to make a final assessment 
of the proposal in the absence of the relevant experi­
ence. If releases are conducted responsibly, if those 
concerned are prepared to engage in an unbiased dia­
logue and if the provisions are swiftly updated as new 
knowledge is gained, this Directive can be a path to 
utilization of this potentially very important new tech­
nology. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
there have been many changes in the benefits of the 
Member States, and with the membership of the Com­
munity doubling since then, a large number of anom­
alies have come about. 
2. The current proposal is an updating document 
which claims to adjust the anomalies so that the present 
position is correctly reflected. The Committee suggests 
that the Commission be asked to propose a routine Opinion on the proposal for a Council 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 (!) 
(89/C 23/16) 
On 29 October 1988, the Council decided to consult the Economic and Social Committee, 
under Article 198 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Economic and Social Committee decided to appoint Mr Pearson Rapporteur-General to 
prepare work on the matter. 
At its 260th plenary session (meeting of 24 November 1988) the Economic and Social 
Committee unanimously adopted the following Opinion. 
No C 23/50 Official Journal of the European Communities 30. 1. 89 
whereby an annual revision of the situation can be 
prepared. 
3. The Commission proposal is of necessity ex­
tremely detailed and deals with: 
— the protection of Rhine boatmen, 
— the protection of citizens benefits moving within 
Member States, 
— invalidity pension regulation in Germany and Lux­
embourg, 
— costs of benefits in kind, and who pays what, when, 
where, and to whom, and who gets refunds, and 
who does not, 
— communication and protection of personal data 
passing between Member States with legal guaran­
tees, 
— protection of the unemployed in a labour market 
crisis, 
— the far-reaching changes in medical insurance in the 
Netherlands, the rights of mjen and women to build 
up their own individual entitlement to pensions 
independently of each other, and the right to sup­
plements in the Netherlands. 
All this makes it a very interesting document to work 
and research, but the total is spoiled by pages and pages 
of textual changes, corrections, and changes in title and 
address of competent authorities in each Member State. 
However the following points give rise to comment: 
3.1. It is noticed that in the introduction and else­
where, reference is made to migrant workers. The Com­
mittee has frequently drawn attention to the fact that 
migrant workers are those workers of a nationality 
other than of a Member State of the Community: the 
amending Regulation in fact concerns citizens of a 
Member State moving within another Member State. 
The Commission document must be corrected accord­
ingly. 
Done at Brussels, 24 November 1988. 3.2. Relative to Annex III Section A.66 ii (b) 
In the first line the words should read 'As regards 
Portuguese employed persons working within the 
United Kingdom ...'in order to make the position clear. 
3.3. Article 57 (6) 
The Committee considers that a unanimous vote is not 
desirable and that a majority vote at Council would be 
much more satisfactory and in accordance with the 
Single European Act. 
4. The Committee is disappointed to see that its 
comments on the shortcomings of the Commission's 
proposals in its Opinion concerning the principle of 
equal treatment for men and women in statutory and 
occupational social security schemes (*) have been disre­
garded. The following problem areas therefore continue 
to need attention: 
— marital breakdown, especially where the female 
spouse does not remarry, 
— divorced persons and 'those rearing children', 
— group insurance schemes and cash options relative 
to pension schemes, 
— widower pensions to be paid in line with widows 
pensions. 
5. So complicated is the position for the average 
citizen of the Community to understand, the Committee 
suggests that a simple explanatory document should be 
prepared. The 'Compendium of Community provisions 
on social security' is an admirable document and could 
serve as a basis for such an explanatory booklet. 
(*) Committee Opinion (OJ No C 95, 11. 4. 1988). 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE