No C 37/30 Official  Journal  of the  European  Communities 1.4.74 
use of formic  acid  and  its  salts  in fruit  juices 
intended  for the production  of syrups,  hexamethylene-
tetramine  in semi-preserved  fishery  products  and 
boric  acid  in  egg  products  according  to  the 
provisions  of national  laws.  However,  in view  of the 
repeated  extensions  of the  time  limit  proposed  by 
the Directive  of 1963  no further  extension  beyond 
the deadline  of 30 June  1976  should  be contemplated. 
The Directive  No  64/54/EEC  of 5 November  1963 
provided  for  the  continuance  of  national  laws 
relating  to the  additives  in question  for  a period  of 
three  years  following  notification  of the  Directive. 
The further  derogation  proposed  in  the  current 
Directive  means  that  national  laws  will  have  been 
allowed  to continue  for  a total  of thirteen  years.  In 
these  circumstances  the  Committee  is unlikely  to 
Done  at Strasbourg,  29 November  1973. find itself  in a position  to  approve  any  further 
derogation  at a future  date. 
Report  on  the Scientific  Committee  on  Foodstuffs 
The Committee  found  itself  hampered  in its work 
because  of the  reports  of the  Scientific  Committee 
on Foodstuffs  were  unavailable,  whereas  the  reports 
of the  Joint  FAO  WHO  Committee  of Experts  on 
Food  Additives  and^many  national  committees  are 
freely  available  for  study.  The  Commission  in its 
explanatory  memorandum  refers  to opinions  of the 
Scientific  Committee  but  without  disclosing  either 
the arguments  of the  Committee  or the  evidence  on 
which  it based  its opinions.  The  Committee  strongly 
recommends  that  the  reports  of this  Committee 
should  be published. 
The Chairman 
of the Economic  and  Social  Committee 
Alfons  LAPPAS 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on a draft  Council  Resolution  on a Social  Action  Programme 
A. REQUEST  FOR  AN  OPINION 
On 30  October  1973,  the  Counail  decided  to exercise  its option  of consulting  the 
Economic  and  Social  Committee  on the  above  proposal  for  a draft  Resolution. 
The request  for  an Opinion  was  sent  by the  President  of the  Council  to the  Chairman 
of the  Economic  and  Social  Committee  on 30 October  1973. 
B. TEXT  WHICH  WAS  THE  SUBJECT  OF  THE  CONSULTATION 
The text  which  was  the  subject  of the  consultation  was  not  published  in the  Official 
Journal  of  the  European  Communities. 
C. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
At its 115th  Plenary  Session  held  in Strasbourg  on 29 November  1973,  the  Committee 
adopted  unanimously  with  9 abstentions  its Opinion  on the  text  referred  to under  B. 
The text  of the  Opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request  of the  President  of the 
Council  of the  European  Communities  of 30 October 1973  for  an Opinion  on  the  Draft  Social  Action 
Programme; 
Having  regard  to  Article  198  of  the  Treaty 
establishing  the European  Economic  Community; 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/31 
Having  regard  to the  Decision  of its  Bureau  of 
25 May  1973,  taken  in accordance  with  Article  22 of 
the Rules  of Procedure,  entrusting  the  Section  for 
Social  Questions  with  the  preparation  of an Opinion 
and a report  on the matter; 
Having  regard  to the  Opinion  presented  by  the 
Section  for  Social  Questions  at its  meeting  on 
15 November  1973; 
Having  regard  to  the  report  presented  by  the 
Rapporteur,  Mr Muhr; 
Having  regard  to  the  discussions  held  on  29 
November  1973  at its 115th  Plenary  Session; 
Whereas  the  Treaty  establishing  the  European 
Economic  Community  does  not  treat  social  policy  as 
a major  Community  objective; 
Whereas  the  creation  of the  common  market  has 
contributed  to considerable  economic  growth  and 
accelerated  structural  change  but  on the  other  hand 
this has  intensified  regional  imbalances  and 
produced  a tendency  towards  concentration  of 
undertakings  and  capital; 
Whereas  some  of these  factors  are likely  to improve 
the standard  of living  for European  citizens; 
Whereas  these  factors  may  also  increase  the 
dependence  and  insecurity  of growing  numbers  of 
people  in the Community; 
Whereas  it is of crucial  importance  for people  in the 
Community  that  economic  integration  be 
supplemented  by social  and  political  integration  of 
Western  Europe,  so that  economic  growth  subserves 
social  progress,  improvement  of the  quality  of life 
and the democratization  of society; 
Whereas  the  divergence  between  personal  freedom 
and social  equality  is not  overcome  merely  by 
formal  equality  before  the  law,  but  rather  by 
material  equality  of opportunity; 
Whereas  social  problems  differ  on the  one  hand 
according  to  the  social  status  of  the  persons 
considered  and  on the  other  according  to the branch 
of the  economy  in which  they  work;  and  whereas  in 
defining  a Community  social  policy  account  should 
be taken  of the  specific  needs  of each  of these 
categories; Whereas  in view  of the  complexity  of this  subject  it 
does  not  seem  appropriate  to give  majority  opinions 
on certain  points, 
HAS  ADOPTED  THE  FOLLOWING  OPINION: 
A. GENERAL  COMMENTS  ON  A SOCIAL 
ACTION  PROGRAMME 
The Committee  welcomes  the  statement  by  the 
Heads  of State  and  Government  at the  Summit 
Conference  of the  enlarged  Community  in Paris  in 
October  1972,  to the  effect  that  they  attached  as 
much  importance  to vigorous  action  in the  social 
field  as  to  the  achievement  of  economic  and 
monetary  union.  The  Committee  endorses  in 
particular  the  request  that  the  Community 
institutions  draw  up  by  1  January  1974  a 
programme  of  action  providing  for  concrete 
measures  and  the  corresponding  resources  for  a 
Community  social  policy. 
The Committee  not  only  expects  a Community 
social  policy  to be interlocked  with  policies  in other 
sectors,  especially  with  the  planned  Community 
regional  policy,  but  also  advocates  that  the  goals  of 
the social  action  programme  be  considered  as 
compulsory  guidelines  for  all Community  Decisions. 
A Community  social  policy  must  pursue  its own 
objectives  aimed  at developing  man's  capacities  and 
satisfying  human  needs.  It must  enable  people  to 
have  secure  jobs,  to have  reasonable  incomes,  both 
during  and  after  their  working  lives,  to  have 
protection  against  the  vicissitudes  of life,  to live  in a 
healthy  environment  and  to  participate  in  the 
shaping  and  continuous  improvement  of their  own 
family  and  social  lives. 
The Committee  is aware  that  a Community  social 
policy  calls  for  effective  instruments  requiring 
extensive  transfer  to the  Community  of powers  of 
decision  in the sphere  of social  policy.  However,  this 
can only  be  accepted  by  economic  and  social 
interests  if the Community  institutions  are thoroughly 
democratized  and  people  in the  Community  are 
allowed  a greater  say  in economic,  social  and 
political  decisions  in the  Community.  A Community 
made  up of Member  States  which  regard  a basic 
democratic  order  as the sole  guarantee  of respect  for 
human  dignity  and  maintenance  of civil  rights  and 
liberties,  must  apply  democratic  principles  in its own 
organization  if it is to have  internal  and  external 
credibility. 
No C 37/32 Official  Journal  of the  European  Communities 1. 4. 74 
I. FULL  EMPLOYMENT  AND  BETTER  WORKING 
CONDITIONS 
The right  to work  is an essential  human  right,  like 
the freedom  of movement  for workers.  People  have 
not only  the right  to a job,  they  have  the right  to the 
greatest  possible  guarantee  of  employment  in 
keeping  with  their  capabilities  and  inclinations,  in 
the area  in which  they  live. 
Similarly,  the  right  of establishment  of the  self-
employed  must  be regarded  as a basic  social  right 
whose  development  and  social  consequences  have 
been  neglected  so far by the Community. 
Therefore  the  prime  objectives  of a Community 
economic  and  social  policy  must  be to achieve  and 
safeguard  full  employment  in both  the  quantitative 
and the  qualitative  sense  and  to improve  working 
conditions  for  all gainfully  active  persons.  These 
objectives  must  be  secured  by  a coordinated 
economic  policy  ensuring  continuous  and  balanced 
growth,  by  Community  regional,  structural  and 
labour  market  policies  providing  an adequate  and 
differentiated  supply  of work,  and  by the  gradual 
development  of  a Community  educational  and 
vocational  training  policy  to  increase  the 
occupational  mobility  of gainfully  active  persons, 
which  would  for  the first  time  really  allow  them  to 
utilize  the  opportunities  offered  by  the  labour 
market  and  the  economy. 
The Standing  Committee  on Employment,  which  has 
to examine  the  methods  of  implementing  the 
Community  employment  policy,  must  be  in a 
position  to ensure  coordination  of the  operations  of 
the various  national  and  Community  funds  and 
services  competent  in this  field.  It must  also  deal 
with  the  relationships  between  regional  development 
policies  and  employment  policy.  This  implies  that 
the Standing  Committee  on  Employment  should 
meet  regularly,  within  the  framework  of its specific 
duties,  to propose  in  good  time  the  concrete 
measures  for implementation  of a policy  of full  and 
better  employment.  It should  also  work  closely  with 
the Economic  and  Social  Committee  whose 
institutional  powers  in relation  to the  Community's 
economic  and  social  policy  as  defined  in the 
Treaties,  are much  wider. 
1. Regional  policy 
Regional  imbalances  not  only  endanger  full 
employment  but  also  reduce  equality  of opportunities  and  adversely  affect  the  quality  of 
people's  lives.  Therefore  it is to be welcomed  that 
the Heads  of State  and  Government  attach  high 
priority  to the  objective  of removing  regional  and 
structural  imbalances  in the Community. 
A regional  development  policy  is closely  linked  with 
the Community's  social  action  programme.  The 
Committee,  therefore,  expresses  the  hope  that  the 
European  Regional  Development  Fund  will  be 
established  shortly.  It must  be  provided  with 
sufficient  funds  which  should  be allocated  according 
to objective  criteria  so  that  existing  regional 
imbalances  in the  common  market,  especially  in the 
areas  of greatest  need,  will  be removed. 
Regional-level  tripartite  committees  composed  of 
representatives  of  trade  unions,  employers' 
associations  and  other  socio-economic  groups, 
together  with  representatives  of  competent 
authorities  engaged  in regional  planning,  could  offer 
valuable  assistance  in the  coordination  of Member 
States  policies  and  in  the  supervision  of  the 
distribution  of the  Fund's  resources. 
In this  context  reference  can  be made  to the  study 
of the  Economic  and  Social  Committee  on  the 
'Implementation  of  a common  regional  policy', 
which  emphasizes  the need  for  a long-term  regional 
development  concept,  since  the  general  and  specific 
measures  must  fit  in  with  coherent  and 
comprehensive  plans  once  the  general  framework 
has been  laid  down. 
The prime  objective  of the  Community,  which  is of 
an essentially  democratic  nature,  is to respect  man's 
freedom  of choice  as regards  his place  of residence, 
his place  of work  and  his  occupation.  In concrete 
terms  this  means  that  in all  the  regions  of the 
Community  living  conditions  must  be offered  which 
are as similar  as possible:  wages,  jobs,  qualifications 
and promotion,  social  and  collective  facilities,  diver-
sification  of activities  environment,  etc. 
2. Labour  market  policy 
As a result  of extensive  migration  within  the 
Community,  host  countries  will  in the  near  future 
be faced  with  insoluble  social  problems  connected 
with  the  integration  of a large  number  of migrant 
workers  into  a  foreign  social  environment. 
Therefore  a Community  labour  market  policy  must 
aim at removing  the  structural  imbalances  between 
supply  and  demand  on the  regional  labour  markets, 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/33 
in order  to eliminate  as far as possible  the  need  to 
emigrate.  Forced  migration  burdens  society  as a 
whole  with  considerable  economic  and  social  costs 
and greatly  interferes  with  the  rights  of  the 
individual. 
In this  context  special  consideration  should  be given 
to opportunities  for  employment  of  the 
underprivileged  sections  of  the  population. 
Satisfactory  integration  of these  groups  not  only 
benefits  the  economy  but  is a basic  humanitarian 
right. 
(a) Harmonization  of  labour  market  statistics 
A Community  labour  market  policy  must  make  the 
labour  markets  fully  'transparent';  this  can  be 
achieved  by  detailed  short-  and  medium-term 
employment  forecasts.  The  institutions,  procedures 
and statistical  data  of the  Member  States,  which  still 
show  considerable  differences,  should  be 
harmonized  in  order  to  permit  continuous 
examination  of all aspects  of the  common  labour 
market.  The  nature,  extent  and  effects  of cyclical, 
regional  and  sectoral  underemployment  and 
unemployment  should  be investigated  in order  to 
create  better  conditions  for Community  decisions  on 
labour  market  policy.  This  investigation  should  also 
cover  the occupational  capabilities  of the workers. 
A European  data  processing  system  should  be 
developed  rapidly  to evaluate  all information  and  in 
particular  to compare  supply  and  demand  on  the 
labour  market.  As  the  Economic  and  Social 
Committee  has  pointed  out  in its Opinion  on the 
proposal  for  a Council  Regulation  on  the 
establishment  of homogenous  statistics  on  foreign 
workers,  it would  be essential  for  all the  Member 
States  to supply  the required  data. 
This  system  should  also  include  data  of firms.  As 
has already  been  pointed  out  in the  Opinion  of the 
Economic  and  Social  Committee  on the  preliminary 
guidelines  for  a Social  Policy  Programme  in the 
Community,  this  requires  knowledge  of investment 
plans,  which  are  of course  the  main  indicators  for 
estimates  in the employment  sphere. 
(b) Cooperation  between  the  national  employment 
services 
The close  cooperation  between  the  employment 
services  of  the  Member  States  is particularly 
important  for  a common  labour  market  policy.  The employment  services,  which  must  engage  more  in 
consultation,  could  make  use  of the  information 
system  on  the  labour-market  situation  in  the 
Community. 
Cooperation  between  the employment  services,  which 
must  take  into  account  and  back  up  the 
Community's  policy  on the  direction  of investments, 
regional  development,  vocational  training  and 
migration,  should  in particular  cover  the  placement 
of workers,  including  those  from  other  Member 
States,  the  provision  of  employment  in  less 
developed  areas  and  for  the  under-privileged 
sections  of the population,  and  vocational  guidance. 
One of the  important  problems  requiring  an early 
solution  is harmonization  of  legislation  on  the 
hiring-out  of personnel.  The  employment  services  of 
the Member  States  should  pay  particular  attention 
to this  aspect  of the  labour  market  on the  basis  of 
legislation  in the Community. 
(c) Re-organization  of  the European  Social  Fund 
The European  Social  Fund  must  be  further 
developed  into  an  effective  instrument  of 
Community  labour  market  policy,  not  only  to 
prevent  regional  and  sectoral  underemployment  and 
unemployment  to which  greater  attention  must  be 
paid,  but  also  to avert  impending  unemployment 
and improve  working  conditions.  To  this  end 
priority  should  be given  to developing  a Community 
system  of income  subsidies  during  the retraining  and 
resettlement  period. 
Some  members  would  like  workers  undergoing 
retraining  or resettlement  to be guaranteed  their  full 
previous  pay  during  the transitional  period. 
Others  are  in favour  of only  an appropriate  lump-
sum payment  since  they  consider  the handing  out  of 
full pay  to be a discrimination  against  workers  in 
employment  who  previously  had  different  incomes. 
A third  group  of members  would  like  to ensure  that 
these  measures  are  applied  in similar  form  to the 
self-employed  persons  whose  income  or  social 
circumstances  do not  permit  them  to take  part  in 
retraining  and  advanced  training  courses  which  are 
an essential  prerequisite  for  the  adjustment  of their 
economic  position. 
The use  of the  financial  resources  of the  European 
Social  Fund,  which  should  be  increased 
considerably,  must  be coordinated  with  the  activities 
of the  other  European  funds  and  in this  connection 
No C 37/34 Official  Journal  of the  European  Communities 1.4. 74 
the criteria  for  the  allocation  of funds  must  be 
improved  on the basis  of experience  to date. 
3. Vocational  training 
As the  draft  study  on educational  and  vocational 
training  systems  in  the  European  Communities 
shows,  the  structural  differences  which  to  a 
considerable  degree  impede  equality  of opportunities 
as regards  training  and  employment  lie  in the 
different  conditions  of  social,  economic  and 
technological  development  in the Member  States. 
In order  to achieve  a genuine  contribution  towards 
fairness  in education  and  training,  i.e.  towards 
making  the  guarantee  of  equal  educational 
opportunities  a practical  reality  throughout  the 
educational  and  training  system,  and  to keep  pace 
with  economic  development  and  meet  the 
technological  requirements  of an industrial  society, 
the principles  listed  in  the  study  must  be 
implemented  and  vocational  training  must  be 
gradually  harmonized. 
In the  view  of some  members,  vocational  training 
must  be integrated  as a definite  part  of the  general 
educational  system. 
Social  progress  in the Community  must  no longer  be 
only  the  more  or less  chance  result  of economic 
policy.  It must  be given  due  overall  importance  and 
made  effective  through  a harmonized  educational 
policy  embracing  of course  vocational  training. 
(a) Establishment  of  a European  institute  for  research 
in vocational  training  and  vocational  guidance 
The Committee  refers  to its  proposal  for  the 
setting-up  of a European  institute  for  research  in 
vocational  training  and  vocational  guidance,  in 
order  to enable  the  advisory  and  decision-making 
bodies  to draw  the  necessary  conclusions  and  to 
take decisions  for the practical  harmonization  of the 
educational  and  vocational  training  objectives  for 
young  people  and  adults. 
(b) Introduction  of  leave  for training 
In view  of the  changes  in both  the  labour  market 
and the  'content'  of occupations,  economic  and 
social  development  in an industrial  society  demands 
an unprecedented  intensification  of education  and 
training,  which  is not complete  on leaving  school  but 
must  be continued  throughout  life  according  to age. In order  to  give  support  to  the  educational 
aspirations  of  the  individual,  workers  in  the 
Community  must  therefore  be granted  paid  training 
leave  under  conditions  yet  to be laid  down,  for 
vocational  training  and  further  training.  This  must 
not result  in any  financial  losses  or any  other 
disadvantages.  It should  also  be possible  for training 
leave  to be used  for general  and  civic  education. 
It must  also  be ascertained  how  the  training  needs 
of self-employed  persons  can  be similarly  met. 
(c) Recognition  of  diplomas 
Gradual  harmonization  of the  objectives  and  content 
of general  education  and  vocational  training  should 
allow  certificates  and  diplomas  to  be  made 
comparable  and  enable  mutual  recognition,  in as 
short  a time  as possible. 
II. IMPROVEMENT  OF  WORKING  AND  LIVING 
CONDITIONS 
In order  to  improve  and  gradually  harmonize 
working  and  living  conditions,  the Community  must 
formulate  a social  policy  which  is based  on common 
objectives  and  providing  the  necessary  instruments. 
This  would  prevent  further  divergence  of the  social 
systems  of the  Member  States,  which  could  be 
gradually  harmonized  in the direction  of progress. 
Prime  consideration  must  be given  to safeguarding 
employment,  to improving  social  security  and  to 
gradually  extending  its coverage  to other  sections  of 
the population.  The  experience  gained  in various 
Member  States  with  social  welfare  services  should 
be applied  by the  Community  for  the  improvement 
of social  welfare  in other  Member  States.  Particular 
attention  must  be paid  to protecting  the  family  so 
that people  who  have  to fulfil  family  duties  in a 
changed  social  situation  are  guaranteed  maximum 
scope  for  development  and  freedom  to make  their 
own decisions. 
It would  not,  however,  be expedient  to carry  out  a 
rigid  harmonization  of the  social  systems  of all the 
Member  States  of the  Community.  This  would  not 
accord  with  the  wishes  of the  various  populations, 
which  bear  the  stamp  of different  traditions  and 
scales  of values.  As long  as the  Community  has  no 
fully  developed  democratic  structures  the  Member 
States  must  have  sufficient  latitude  to take  this  into 
account. 
Harmonization  in  the  direction  of  progress  is, 
however,  necessary  in areas  where  different  solutions 
would  lead  to a divergence  of social  systems.  The 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/35 
aim is a convergence  not  only  of social  welfare 
benefits  but  also  of  social  systems.  This 
harmonization  should  take  into  account  the progress 
achieved  in Member  States. 
4. Job  security 
Job security  is threatened  not  only  by  cyclical 
fluctuations  but  also  by  industrial,  technical  and 
organizational  change.  Workers  must  therefore  also 
be protected  against  the  social  disadvantages  of 
mergers,  rationalization  measures  and  closures  of 
undertakings. 
Therefore  common  rules  for  safeguarding  incomes 
where  jobs  are  lost  and  for  improving  protection 
against  dismissal  are  particularly  urgent.  Legislation 
must  be introduced  allowing  vetting  of grounds  put 
forward  for  dismissals  under  legally  verifiable 
conditions. 
Some  members  are  of  the  opinion  that  the 
self-employed  too  should  be  afforded  effective 
protection  against  the  adverse  effects  of industrial 
change.  This  would  cover  both  the  safeguarding  of 
work  in the  face  of technical  and  industrial  change 
and protection  against  economic  policy  decisions. 
(a) Protection  in the case  of mass  dismissals 
The Committee  calls  on the  Council  to adopt  as 
quickly  as  possible  the  Directive  on  the 
approximation  of the  laws  of the  Member  States 
relating  to  mass  dismissals.  The  Committee 
expresses  the  hope  that  the  Commission  will  take 
account  in its amended  proposal  of the  observations 
made  in its opinion. 
In this  opinion,  the Committee  calls  in particular  for 
uniform  regulations  concerning  the  obligation  of 
employers  to  give  advance  notice,  so  that 
employment  services  have  time  to take  measures  for 
the placement,  retraining  and  re-employment  of the 
workers. 
(b) Safeguarding  of  rights  acquired 
Workers  who  lose  their  jobs  must  receive  adequate 
indemnification  for  the  loss  of rights  acquired  as to 
company  social  benefits  and  for  those  undertakings 
given  to them  that  are to be regarded  as constituting 
deferred  remuneration. 5. Social  security 
Developing  social  security  is one  of  the  most 
important  ways  of improving  the  quality  of life  for 
workers  and  other  sections  of the  population.  The 
Community  must  draw  up  a list  of basic  social 
principles  in order  to arrive  at common  criteria  and 
objectives  for  the  further  development  of the  social 
security  systems  in the Member  States. 
The European  social  budget  should  be  rapidly 
expanded  in order  to make  the  social  systems 
comparable  as  regards  coverage,  benefits  and 
financing  and  to  permit  appropriate  further 
development.  In particular,  gaps  in information  must 
be removed,  statistics  must  be  standardized  and 
unifom  social  indicators  must  be laid  down.  The 
drawing-up  of a European  social  budget  should 
make  it possible  to achieve  the essential  objective  of 
'transparency'  of social  security  in the  Community, 
particularly  as regards  expansion  and  financing. 
To preclude  discrimination,  which  is incompatible 
with  the  idea  of social  justice,  social  security  must 
be extended  to cover  all  employed  persons  and 
other  sections  of the  population.  However,  the 
inclusion  of self-employed  persons  in the  social 
security  community  which  is based  on the  principle 
of solidarity  and  is financed  by contributions,  can 
reasonably  be expected  only  if there  is no negative 
selection  of risks  and  new  insured  persons  accept 
the same  obligations  in exchange  for  the  same 
rights. 
(a) Improvement  of  pensions 
Pension  insurance  schemes  must  guarantee 
maintenance  of the  living  standards  acquired  during 
working  life  and  benefits  must  be  dynamically 
adapted  to  the  average  increase  in wages  and 
salaries.  All  old  people  must  be  assured  of an 
adequate  income  which  will  allow  them  to live  life 
fully  and  with  dignity. 
In the  opinion  of some  members,  the  schemes 
should  provide  for  a minimum  pension,  possibly 
taking  into  account  the  contribution  periods,  in 
order  to end  discrimination  against  the less  favoured 
wage-earners  in  structurally  weak  areas  or  in 
underpaid  jobs. 
These  members  think  that  discrimination  against 
women  must  be  removed  by  the  gradual 
introduction  of independent  pension  rights.  Income 
handicaps  adversely  affecting  the amount  of pension 
must  be adequately  compensated.  The  period  spent 
No C 37/36 Official  Journal  of the  European  Communities 1.4. 74 
in bringing  up children  should,  to an appropriate 
extent,  be regarded  as an insured  period. 
(b) Standardization  of  systems  of  unemployment 
insurance 
Unemployment  is not  an insurable  risk  because  it 
does  not  depend  on  calculable  factors.  If the 
unemployment  ratio  for  the  overall  economy  or for 
individual  branches  of industry  exceeds  a certain 
figure  which  the  body  of insured  persons  cannot 
reasonably  be expected  to cover,  then  the  costs  must 
be borne  by society  as a whole. 
Care  must  always  be taken  that  there  are no discon-
tinuities  in the  social  benefit  system.  There  must  be 
a guarantee  that  the  entitlement  to benefit  from  a 
given  source  will  not  be  terminated  before  the 
recipient  has  become  entitled  to benefit  from  other 
sources. 
(c) Improvement  of  security  in the event  of sickness 
The health  insurance  schemes  of the  Member  States 
must  guarantee  equality  of  medical  treatment. 
Differences  which  entail  inferior  medical  treatment 
for less-favoured  sections  of the  population  must  be 
eliminated. 
Some  members  consider  that  a study  should  be 
made  to ascertain  whether  other  Member  States 
could  adopt  the  system,  as successfully  applied  for 
all workers  in  one  Member  State,  whereby 
employers  continue  to pay  employees  their  wages 
for a certain  period  when  they  are unfit  for work. 
6. Safeguarding  of health 
Health  is being  adversely  affected  to an  ever-
increasing  extent  by  the  stresses  of the  modern 
industrial  world.  Therefore  a progressive  social 
policy  must  aim  at creating  conditions  in which  all 
the people  of  the  Community,  irrespective  in 
particular  of their  economic  circumstances,  have  the 
same  chance  of preserving  their  health  and  making 
an optimum  recovery  if they  do fall  sick. 
Precisely  because  health  is an important  prerequisite 
for the development  of the  personality,  the means  of 
preserving  and  restoring  it must  be safeguarded  to 
an equal  extent  for  all individuals.  The  development 
of health  education  programmes  as well  as public 
health  measures  of prevention  and  the  provision  of 
facilities  for the early  diagnosis  of disease. (a) Development  of  prevention  and  early  diagnosis 
The expansion  of prevention  and  early  diagnosis  has 
an important  role  in the  further  development  of the 
health  system.  The  prime  issue  here  is not  the 
indisputable  economic  benefit  but  rather  the  human 
and social  aspect. 
In addition  to normal  preventive  measures,  public 
health  insurance  institutions  must  take  steps  to 
detect  people  who  are  in a dangerous  physical 
condition  or are  exposed  to certain  risks. 
Parallel  to this,  it is necessary  to carry  forward  the 
development  of  early  diagnosis.  The  health 
insurance  institutions  must  be  called  upon  to 
develop  in cooperation  with  the  medical  profession, 
standard  early  diagnosis  procedures,  which,  after 
they have  been  proved  satisfactory,  could  be 
incorporated  in legislation. 
(b) Rehabilitation 
Handicapped  people  must  be  afforded  an 
opportunity  of achieving  optimum  and  permanent 
integration  into  society  and  working  life  at the 
appropriate  time. 
A closely  knit  system  of information  and  services  for 
rehabilitation  should  at  an  early  stage  provide 
handicapped  people  with  guidance  and  advice  as to 
the various  facilities  for rehabilitation. 
7. Protection  of labour  and  safety  at work 
Occupational  diseases  and  the  frequency  of accidents 
are a cause  for  concern  in all  Member  States. 
Nowadays  the  physical  and  mental  stresses  at work 
determine  to a large  extent  the  future  health  of 
many  people.  Therefore  if workers  are  to remain 
healthy  it is particularly  important  that  they  receive 
advice  and  care  in the  spheres  of both  industrial 
medicine  and  safety  technology.  Working  procedures 
and working  conditions  should  be adapted  to the 
needs  of people.  To  implement  this  requirement 
independent  industrial  physicians  and  safety 
technicians  should  be  employed  in  adequate 
numbers  in undertakings  and  administrations.  These 
physicians  and  technicians  must  be  professionally 
independent. 
Some  members  would  like  to stress,  however,  that 
the professional  independence  of  industrial 
physicians  and  safety  technicians  can  be guaranteed 
by firms  and  not  only  by institutions. 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/37 
(a) Development  of  a programme  of  priorities 
With  the  cooperation  of the  trade  unions  and  the 
employers'  associations,  as well  as of representatives 
of users  of plant  and  machinery,  the  Community 
should  develop  a programme  of priorities  for  the 
protection  of  labour  based  on  the  indisputable 
responsibility  of employers  to provide  jobs  and 
working  conditions  which  are  both  safe  and  healthy. 
To this  end  the  Member  States'  services  for 
industrial  safety,  occupational  hygiene  and  industrial 
medicine  must  cooperate  to harmonize  statistics  on 
occupational  diseases,  industrial  accidents  and 
deaths  due  to occupational  factors,  and  set limits  for 
industrial  safety,  occupational  hygiene  and 
environmental  pollution.  The  statistics  in question 
should  be published. 
(b) Adoption  of  minimum  regulations 
The efforts  of the  Member  States  to improve  the 
protection  of labour  should  be  coordinated.  The 
various  regulations  of the  Member  States  on the 
protection  of labour  should  be gradually  replaced  by 
common  minimum  regulations. 
8. Environmental  protection 
Experience  has  shown  that  effective  measures  for the 
protection  of the  environment  can  be implemented 
quite  successfully.  Nevertheless,  the  environmental 
damage  caused  by  the  often  uncontrolled  use  of 
modern  technologies  and  the  growth  and 
concentration  of  industry  in  congested  areas  is 
taking  forms  which  constitute  an  ever-growing 
threat  to the population. 
Impairment  of the  environment  is a danger  to the 
entire  human  race.  However  workers  in the  lower 
income  brackets  are  affected  to a relatively  greater 
extent.  In their  homes,  especially  in the  congested 
areas,  and  frequently  at work  as well,  they  are 
particularly  exposed  to pollution  and  poisoning  of 
the atmosphere,  as well  as to noise.  Therefore  these 
workers  in the  lower  income  brackets  have  an 
urgent  interest  in  effective  measures  for 
environmental  protection. 
In this  context  the  Committee  would  refer  to its 
Opinion  on  environmental  protection,  in which  it 
called  for  the  immediate  adoption  of an  action 
programme  for  conserving  and  improving  the 
human  environment.  It is gratifying  that  stress  is 
laid on  the  social  aspect  of  measures  for 
environmental  protection  and  improvement  of living 
conditions.  Recognition  of  the  principle  of  the 
'polluter  pays'  which  fixes  the  responsibility  of the 
producer  undoubtly  represents  a step  forward  as compared  with  passing  on the  costs  to society  as a 
whole. 
9. Migrant  workers 
The number  of migrant  workers  employed  in the 
Community  is increasing  all the  time.  The  number 
of workers  from  non-Member  States,  who  do not 
always  have  the  same  social  rights,  far  exceeds  the 
number  of  migrant  workers  from  the  Member 
States,  who,  by and  large,  enjoy  the  same  social 
rights  as native  workers. 
However,  efforts  to achieve  satisfactory  integration 
of migrant  workers  into  the  social  and  cultural  life 
of the  host  countries  have  met  with  as little  success 
as attempts  at effective  re-integration  in their  home 
countries.  Already  social  services  for  migrant 
workers  are  running  into  difficulties  which  the  host 
countries  are  hardly  able  to cope  with.  Apart  from 
the social  injustices  which  this  inevitably  entails, 
insufficient  knowledge  of the  language  and  the  law 
often  prevents  migrant  workers  from  fully  exercising 
their  rights. 
Some  members  adhere  to the  call  made  by  the 
Economic  and  Social  Committee  for  the first  time  in 
its Opinion  on  the  preliminary  guidelines  for  a 
social  policy  programme  in the  Community  for  the 
adoption  of a European  charter  for  migrant  workers 
that would  lay  down  on  a uniform  basis  the 
occupational,  social,  political  and  cultural  rights  of 
migrant  workers. 
Other  members  are  against  such  a charter,  which 
they believe  could  put  migrant  workers  in  a 
privileged  legal  position  as compared  with  native 
workers. 
(a) Reform  of the law  relating  to aliens 
The Member  States'  legislation  on  aliens,  which 
does  not  prevent  unjustified  decisions  by  the 
authorities  responsible  for  aliens,  should  be 
reformed  in  accordance  with  the  principles  of 
freedom,  constitutionality  and  democracy  and 
should  be harmonized  in the  Member  States  of the 
Community,  to eliminate  the  uncertainty  of the  law 
for migrant  workers  from  non-Member  States. 
In particular  a uniform  and  gradually  increasing 
right  to obtain  a residence  permit  and  to have  it 
extended  must  be  granted  on  issue  of the  work 
permit  by the  employment  service.  Residence  permits 
should  cease  to be tied  to a specific  firm  or job, 
No C 37/38 Official  Journal  of the  European  Communities 1. 4. 74 
since  this  constitutes  an  indefensible  restriction  of 
the right  of residence. 
Illegal  forms  of  placement  and  employment  of 
migrant  workers  must  be made  punishable  by law. 
(b) Equality  of  rights  under  labour  legislation 
Migrant  workers  must  be accorded  exactly  the  same 
treatment  as  native  workers  in all  legal  matters 
connected  with  employment. 
(c) Safeguarding  the  right  of establishment 
Gainfully  active  persons  emigrating  to  another 
Member  State  must  retain  the  rights  acquired  in 
country  of origin  if they  change  from  being  self-
employed  to become  wage  or salary  earners  or if 
they  build  up  a self-employed  activity  after  having 
been  in paid  employment. 
(d) Improvement  of  social  services 
In order  to ensure  better  integration  of  migrant 
workers,  it is necessary  to improve  their  vocational 
and linguistic  skills  as well  as their  knowledge  of 
the social  conditions  and  institutions  in the  host 
country.  With  a view  to subsequent  re-integration  in 
the country  of origin,  measures  for  the  vocational 
training  and  further  training  of migrant  workers 
should  be  intensified  with  reference  to  the 
requirements  of the  country  of origin.  The  national 
employment  services  of the  countries  of origin  and 
the host  countries  should  agree  on  providing  this 
vocational  training  and  social  assistance  for  migrant 
workers. 
Some  members  are  of the  opinion  that  employers  of 
migrant  workers  should  be obliged  to contribute  to 
the financing  of these  facilities. 
Social  services  for  migrant  workers,  especially  as 
regards  employment,  income  and  accommodation, 
must  be improved. 
In particular  sufficient  decent  housing  should  be 
provided  at  reasonable  rents.  Migrant  workers 
should  be  able  to obtain  publicly  assisted  housing 
under  the  same  conditions  as native  workers. 
To ensure  equal  educational  opportunities  in the 
Community,  steps  must  be  taken  to facilitate  the 
integration  of foreign  children  into  the  general  and 
vocational  school  systems  of  the  host  countries, 
taking  particular  account  of their  social  and  cultural 
ties. 10. Protection  of the  family 
With  the  development  of  the  modern  industrial 
society,  families  have  become  smaller  and  smaller. 
The fact  that  fewer  generations  now  live  together 
under  the  same  roof  makes  the  fulfilment  of many 
traditional  family  duties  extraordinarily  difficult  and 
increases  the  economic,  social  and  educative  burdens 
of some  members  of  the  family.  In  particular, 
workers  — but  also  other  gainfully  active  persons 
— who  have  to discharge  family  duties  not  only  to 
children  but  also  to sick  and  old  people,  are  often 
subject  to special  stresses  and  conflicts  if they  want 
to — or have  to — combine  occupational  duties 
and family  obligations.  One  of the  parents  — today 
this is generally  still  the  mother  — must  have  the 
opportunity  of deciding  whether  to exclusively  bring 
up the  children  or to pursue  an occupation  as well. 
This  freedom  of  choice  must  be  guaranteed  by 
sufficient  financial  assistance  on the  one  hand,  and 
by development  of the  social  infrastructure  on the 
other. 
(a) Assisting  old  people 
The place  of old  people  in the  family  has  also 
changed.  Even  if they  have  financial  security  they 
are dependent  on  help  — not  only  for  easing  the 
transition  from  working  life  to retirement.  They 
must  also  have  an  opportunity  of taking  part  in 
social  life  and  must  be certain  that,  when  ill or in 
need  of care,  they  will  be looked  after  and  will  not 
become  isolated  from  human  contact. 
(b) Provision  of  suitable  housing 
In order  to ensure  that  large  families  have  the  same 
opportunities  for  development,  particular  account 
must  be taken  of the  needs  of such  families  in the 
publicly  assisted  housing  sector,  and  they  must  be 
given  priority  as regards  financial  aid. 
Some  members  are  of  the  opinion  that  house-
building  in rural  areas  has  an important  function  in 
regional  development.  It  should  therefore  be 
promoted  by means  of appropriate  aids.  This  would 
also help  to  prevent  housing  speculation  in  the 
congested  areas. 
(c) Development  of  socio-educational  institutions  for 
children 
Socio-educational  institutions,  e.g.  creches,  which, 
in addition  to their  supervisory  function,  have  the 
task of helping  the  familiy  to bring  up and  educate 
the children,  should  be considerably  developed. 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/39 
(d) Setting-up  for  'all-day'  schools 
The setting-up  of 'all-day'  schools  with  the  task  of 
looking  after  the  children  besides  their  educative 
function  must  be more  intensively  promoted. 
(e) Development  of  social  and  cultural  facilities 
In future,  social  and  cultural  facilities,  which  are 
clearly  needed  by young  people  and  adults  of all 
ages  in both  urban  and  rural  areas,  must  be 
included  in general  housing  projects  right  from  the 
planning  stage,  for an improvement  in the quality  of 
life in the  leisure  sphere  depends  to a large  extent 
on the development  of the social  infrastructure. 
(f) Release  from  work 
Some  members  consider  that  legislation  should  be 
introduced  to make  possible  release  from  work  for  a 
specific  period,  particularly  for  the  purpose  of 
looking  after  sick  children  and  relatives  requiring 
intensive  care.  The  livelihood  of the  workers  in 
question  must  be guaranteed  for  the  period  of their 
release. 
(g) Stand-in  service  for the self-employed 
Similarly,  measures  should  be  introduced  to 
encourage  the  establishment  of  stand-in  services 
which  can  assist  the  self-employed  when  they  are  ill, 
on leave  for training  or on holiday. 
(h) Family  allowances 
Families  must  be granted  a suitable  adjustment  of 
income,  rising  in line  with  the  economic  trend,  to 
cover  their  special  burdens. 
III. INDUSTRIAL  DEMOCRACY 
The trend  towards  business  concentration  in the 
Common  Market  which  has  a decisive  influence  on 
economic  and  social  development,  cannot  in the 
view  of some  members  be directed  by means  of an 
imperfect  Community  competition  policy,  an 
insufficiently  coordinated  economic  and  monetary 
policy  and  autonomous  policies  of the  Member 
States  on taxation  and  social  affairs.  This  calls  for 
employers  and  workers  empowered  to act  at a 
European  level  whose  autonomy  should  not  be 
subject  to any  restriction,  as well  as for supervision 
of economic  and  social  decisions  at all levels  — on 
the job,  in the  factory,  in the  company,  in the 
regions,  in the  overall  national  economy  and  at a 
European  level. Some  of these  members  consider  that,  in addition  to 
other  considerations,  industrial  democracy  calls  in 
particular  for  early  harmonization  of company  law 
in the  Community,  which  should  not  only  facilitate 
cooperation  between  undertakings  but  also  serve  as 
a basis  for  uniform  co-determination  rights  for 
workers.  However,  according  to another  school  of 
thought  among  these  members,  representation  of 
workers  on company  organs  is to be rejected  on 
grounds  of principle  and  is not  in keeping  with 
present  social  conditions  in certain  Member  States. 
Independently  of this,  all these  members  hold  the 
view  that  the right  of free  association  and  autonomy 
in negotiating  collective  wage  rates  must  be 
developed  and  protected.  This  should  include  the 
right  of workers'  representatives  in the multi-national 
undertakings  to foster  international  contacts  and  set 
up joint  bodies. 
Other  members  are  of the  view  that  the  trend 
towards  business  concentration,  which  promotes 
social  and  economic  progress,  gives  rise  to more 
complicated  multinational  company  structures,  and 
workers  must  be helped  through  better  information 
so that  they  can  shake  off  their  feelings  of 
dependence  as far  as possible.  Consequently  the 
main  problem  is to preserve  the  advantages  of 
concentration  and,  at the  same  time,  attenuate  any 
disadvantages.  With  this  in mind,  the  Community 
must  continue  its endeavours  to harmonize  company 
law and  also  contemplate  nevv'  possibilities  for 
participation  in industry. 
In the opinion  of these  members  the problems  raised 
can be  solved  by  instituting  a dialogue  between 
managements  and  workers'  spokesmen  in  the 
Member  States  of the  Community.  To  this  end, 
appropriate  bodies  should  be set  up for  a regular 
exchange  of information  about  the  market  situation 
and the  results  and  future  prospects  of  the 
undertakings,  and  for  consultations  on problems  of 
labour  relations  which  have  a direct  bearing  on the 
position  of the  workers. 
However  these  members  are  of  the  view  that 
democracy  is a political  system  whose  rules  cannot 
be fully  applied  to  industry  and  undertakings 
without  the  risk  of  impairing  their  ability  to 
function,  which  is necessary  in the  interests  of the 
common  good. 
11. The  right  of free  association 
Some  members  are  of  the  opinion  that  social 
progress  is the  result  of social  struggle.  Only  by 
No C 37/40 Official  Journal  of the  European  Communities 1. 4. 74 
banding  together  in trade  unions  and  engaging  in 
industrial  action  can  workers  exert  economic  and 
social  pressure  and  better  their  position.  In the  view 
of some  members,  restrictions  still  affecting  the right 
to engage  in industrial  action  must  therefore  be 
abolished. 
Other  members,  however,  cannot  subscribe  to a 
viewpoint  which  they  consider  to be extreme  and 
emphasize  that  social  progress  has  also  been 
achieved  and  further  promoted  by  cooperation 
between  the two  sides  of industry. 
(a) Guaranteeing  the  right  of free  association 
The right  of free  association,  especially  the  right  of 
workers  to form  trade  unions  and  carry  on trade 
union  activities,  including  the  right  to engage  in 
industrial  action  must  be guaranteed  in all Member 
States  on the lines  of the European  social  charter. 
Today  these  rights  are  counted  among  the  essential 
aspects  of a democratic  social  system,  and  they 
cannot  be violated  without  the  whole  democratic 
character  of a political  system  being  called  into 
question. 
(b) Guaranteeing  the  right  to strike 
Some  members  are  in favour  of (a)  removing  the 
restrictions  on the  right  to strike  in some  Member 
States  —  especially  the  limitation  of  industrial 
action  to objectives  coming  within  the  scope  of 
collective  agreements  and  the  right  of public  service 
officials  to strike  — (b)  guaranteeing  the  right  to 
engage  in  international  industrial  action,  in 
particular  to strike  in sympathy,  and  (c) prohibiting 
lock-outs  in all the  Member  States,  since  lock-outs 
undermine  the  balance  of power  between  employers 
and workers  in social  disputes,  the  right  to strike 
being  intended  to compensate  for  the  subordinate 
economic  position  of the matter. 
However,  other  members  would  like  to preclude 
industrial  action  not  aimed  at objectives  coming 
within  the  scope  of collective  agreements  —  in 
particular,  political  strikes  and  sympathy  strikes, 
especially  at international  level.  In the  opinion  of 
these  members,  strikes  should  be  exclusively  for 
increases  in  pay  or  improvements  in  working 
conditions,  which  can  be autonomously  settled  by 
the parties  to the  collective  agreement.  In addition, 
national  authorities  ought  to be able  to limit  the 
right  to strike  in order  to protect  the  common  good. 
These  members  also  emphasize  that  public  service 
officials  do not  have  the  right  to strike  in some 
Member  States.  In addition,  they  believe  that  the 
right  which  workers  have  to strike  must,  in the 
interests  of maintaining  a balance  between  the  two 
sides  of industry,  be offset  by an equal  right  on the 
part of employers  to enforce  lock-outs. 12. Wage  policy 
Without  a doubt,  the  economic  and  social  aims  of 
the Community  cannot  be achieved  by laws  and 
regulations  alone.  Just  as in individual  Member 
States,  collective  agreements  must  therefore  form  a 
source  of law  on a Community  level  which  should 
be developed.  The  progress  of economic  integration, 
especially  the  internationalization  of  investments, 
production  and  sales,  will  soon  make  it advisable  to 
conclude  cross-frontier  collective  agreements,  which 
must  be facilitated  by common  legal  bases. 
Whereas  some  members  are  in favour  of setting  up 
joint  committees  in the  individual  branches  of 
industry  for initiating  collective  wage  negotiations  at 
a European  level,  other  members  are  of the  view 
that if such  negotiations  were  held  for the individual 
branches  of industry,  there  would  be a danger  that 
the aims  of the  common  social  policy  might  only  be 
achieved  in a fragmentary  fashion.  Contacts  between 
the parties  should,  therefore,  be established  first  of 
all for all branches  of industry  together.  Here  a joint 
committee  at Community  level,  which  already  has  a 
prototype  in one  Member  State,  could  give  valuable 
help. 
However,  there  is agreement  that  the  settling  of 
wages  and  working  conditions  which  are  not 
regulated  by law  should  be based  on free  agreement 
between  the  two  sides  of industry  at European  level 
as well.  Therefore  the  autonomy  of unions  and 
employers  associations  in negotiating  collective  wage 
rates  must  be guaranteed  and  protected  at all levels. 
(a) Setting-up  of  a European  index  of  collective 
agreements 
To enable  the  results  of wage  policies  in the 
Community  to be compared  it is necessary  to set up 
with  all  due  speed  a European  index  in which 
collective  wage  agreements  in the Member  States  can 
be gathered  together  and  assessed. 
(b) Harmonization  of  the  laws  relating  to collective 
wage  agreements 
As long  as  the  various  legal  provisions  have 
different  legal  effects,  it will  not  be  possible  to 
conclude  cross-frontier  collective  agreements.  The 
possibilities  of  harmonizing  legislation  on  wage 
agreements  in the  Community  must  therefore  be 
examined  with  the  cooperation  of the  two  sides  of 
industry. 
Some  members  are  of the  opinion  that  all tangible 
restrictions  should  be  removed.  Collective 
agreements  should  regulate  not  only  wages  and 
working  conditions,  but  also  relations  between 
employers  and  workers  in industry. 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/41 
Other  members,  however,  consider  it essential  to 
make  a clear  distinction  between  the  sectors  which 
can be regulated  by collective  agreements  and  those 
which  can  be regulated  by laws.  In the  opinion  of 
these  members,  collective  agreements  should  be 
restricted  to wages  and  working  conditions,  whereas 
all other  sectors  could  be regulated  exclusively  by 
laws  and  government  orders. 
(c) Collective  agreements  with  multinational 
undertakings 
In the  opinion  of some  members,  the  ability  of 
multinational  undertakings  to conclude  collective 
agreements  must  be generally  recognized  in line  with 
the proposal  for  a regulation  concerning  the 
European  Company.  Appropriate  arrangements 
should  be  incorporated  in  the  governmental 
agreement  on international  mergers. 
Other  members  cannot  support  these  demands.  They 
point  out  that  the  multinational  undertakings  are 
subject  to the  laws  and  the  collective  agreements 
negotiated  by  the  two  sides  of industry  in the 
Member  States  in which  they  have  established 
themselves.  Besides,  the  subsidiaries  of  the 
multinational  undertakings  would  be represented  by 
the employers'  associations  which  stand  opposite  the 
trade  unions  in  the  Member  States.  Relations 
between  the  undertakings  and  their  workers  should 
therefore  develop  on this  basis. 
13. Co-determination 
Worker  representation  in the  Community's  factories 
and undertakings  is to some  extent  regulated  in very 
different  ways.  However,  a prerequisite  for  effective 
representation  of workers'  interests  is the  right  of 
workers  in every  Member  State  to engage  in trade 
union  activity  and  be represented  in the  concern. 
This  right  must  not  only  be guaranteed  but  also 
extended  so  that  workers,  in the  face  of the 
changing  balance  of power,  do not  lose  at European 
level  the  possibilities  for  exerting  the  influence  they 
possess  in the Member  States. 
Some  members,  however,  point  out  that  extending 
this right  would  give  rise  to difficulties  in certain 
Member  States. 
(a) Protection  of workers'  representatives 
The workers'  representatives  — trade-union  repre-
sentatives  and  statutory  representatives  — must  be 
effectively  protected  against  any  discrimination, 
including  termination  of employment,  due  to their 
trade-union  activities,  in  accordance  with  the 
recommendation  of  the  International  Labour 
Conference  on the  protection  and  facilities  to be 
afforded  to  workers'  representatives  in  the 
undertaking. (b) Co-determination  in  industry 
Some  members  point  out  that  there  are  many 
reasons  for dividing  the  conduct  of business  in large 
national  and  multinational  undertakings  between 
management  boards  and  supervisory  boards,  in 
accordance  with  the  proposal  for  a fifth  directive  as 
regards  the structure  of societes  anonymes. 
However,  this  is also  a prerequisite  for  uniform 
regulation  of  co-determination  rights  in 
undertakings.  The  same  members  also  demand  that 
the composition  of the  supervisory  boards  in large 
national  and  multinational  undertakings  should  be 
in line  with  the  principle  of equality.  One-third  of 
the members  should  be proposed  by the  unions  and 
elected  by  the  workers'  representatives,  one-third 
appointed  by  the  shareholders  and  one-third, 
representing  the public  interest,  co-opted. 
Cooperation  between  the  workers'  representatives  on 
the supervisory  board  and  the  trade  unions  must  not 
be hindered  in any  way.  The  supervisory  board 
should  therefore  also  comprise  workers'  represent-
atives  from  outside  the concern;  to be designated  by 
the trade  unions. 
Other  members  refer  in this  connection  to the  views 
they expressed  in  the  Economic  and  Social 
Committee's  Opinion  on  the  proposal  for  a 
Regulation  concerning  the  European  Company,  viz. 
that there  is  no  cogent  reason  for  worker 
representation  on  the  supervisory  boards  of 
companies.  Even  the  fact  that  in one  Member  State 
workers'  representatives  on the  supervisory  boards 
are entitled  to speak  and  vote  does  not  mean  that 
such  an arrangement  would  be  acceptable  to the 
Community.  In order  to achieve  the  objective  of a 
solution  that  would  be acceptable  in all the  Member 
States,  one  should  not  opt  for  an isolated  national 
system  that  is not  in line  with  the  situation  and  the 
status  of social  relations  in the other  Member  States. 
All these  members  are  agreed,  however,  that  a 
specific  arrangement  for  co-determination  is still  not 
sufficient  for  effective  supervision  of undertakings. 
They  also  believe  that  the  rights  of workers'  repre-
sentatives  to information  should  be extended  and 
standardized.  Equally  important  are  more  stringent 
rules  for  undertakings  with  regard  to publication, 
preventive  supervision  of concentration  phenomena 
and supervision  of cross-frontier  capital  movements. 
Again  other  members  point  out  first  of all that  the 
distribution  of powers  in the  large  national  and 
multinational  undertakings  is determined  exclusively 
No C 37/42 Official  Journal  of the  European  Communities 1. 4. 74 
by the  legal  form  which  an  undertaking  has 
adopted.  They  also  make  reference  to the  Opinion 
of the  Economic  and  Social  Committee  on  the 
proposed  statute  for the European  company  and  its 
Opinion  on the  proposal  for  a fifth  directive  as 
regards  the structure  of societes  anonymes,  which  is 
being  drawn  up at the moment,  in which  there  is a 
wide  divergence  of views  on the subject  of dividing 
the conduct  of business  between  management  boards 
and supervisory  boards. 
The same  members  think  that  all groups  forming 
the essential  basis  of undertakings  must  be enabled 
to play  a part  in their  affairs.  The  workers'  need  for 
a say  must  be met  by  instituting  a permanent 
dialogue  between  the heads  of the undertakings  and 
the workers'  spokesmen.  Since  the trade  unions  are 
not prepared  in all of the  Member  States  to accept 
responsibility  for  company  decisions,  this  form  of 
worker  involvement  is appropriate,  providing  as it 
does  better  knowledge  of the  functioning  and 
prospects  of undertakings. 
14. Co-determination  outside  industry 
A clear  distinction  must  be made  between  co-
determination  in industry,  which  is a disputed 
matter,  and  the involvement  of the representatives  of 
all categories  of social  and  economic  activity  in 
economic  and  social  policy  decisions  within  the 
Community. 
However,  some  members  consider  that  these  two 
sectors  should  definitely  be linked.  Any  control  that 
is limited  to  industry  must  be  found  to be 
incomplete,  if the people  affected  by economic  and 
social  policy  decisions  cannot  exert  any  effective 
influence  on the  decision-making.  Co-determination 
in industry  must  therefore  be supplemented  by 
development  of the  Community  institutions  along 
democratic  lines. 
(a) Setting-up  of economic  and  social  councils 
Some  members  demand  that  economic  and  social 
councils  should  be set  up in all Member  States 
which  do not  have  such  institutions.  Their  powers 
should  be gradually  standardized. 
Other  members  agree  with  this  idea,  but  consider 
that the Economic  and  Social  Committee  should  not 
express  any  views  on this  subject,  which  falls  within 
the competence  of the  constitutional  bodies  in the 
Member  States. (b) Strengthening  the  Economic  and  Social 
Committee 
The powers  of the Economic  and  Social  Committee 
must  be extended  so as to involve  the economic  and 
social  groupings  fully  and  effectively  in the 
Community's  decision-making.  It  is  therefore 
gratifying  that  the  Economic  and  Social  Committee 
was granted  the right  to advise  on its own  initiative 
at the  Paris  Summit  Conference  held  in October 
1972. 
However,  this  right  could  be made  more  effective  if 
the Commission  would  undertake  to supply  the 
Economic  and  Social  Committee  with  information 
on request  and  to give  specific  reasons  for  not 
adhering  to the Committee's  proposals  and  opinions. 
B. SPECIFIC  COMMENTS  ON  THE  DRAFT 
COUNCIL  RESOLUTION  ON  THE  SOCIAL 
ACTION  PROGRAMME 
In the course  of its work  for the preparation  of an 
opinion  on  the  social  action  programme  for  the 
Community,  the Committee  has  noted  or examined 
the following  documents: 
— the  'Guidelines  for  a Social  Action  Programme' 
of 18 April  1973,  presented  by the  Commission 
to the Council  in the form  of a communication. 
Besides  describing  the  present  situation,  this 
document  indicates  the  basic  objectives  of a 
social  action  programme  and  how  they  can  be 
achieved; 
— the  'Draft  Resolution  of the Council  relating  to a 
Social  Action  Programme'  of 24 October  1973 
submitted  by the Commission,  which  sets  out the 
priorities  for  achieving  full  and  better 
employment  in the  Community,  for  improving 
living  and  working  conditions  so that  they  can 
be progressively  harmonized,  and  for  involving 
the social  partners  more  and  more  in the 
Community's  economic  and  social  decisions,  and 
which  also  lists  a number  of proposals  that  have 
already  been  presented  to the Council; 
— the  Commission  draft  for  a social  action 
programme  of 24  October  1973,  which  is 
annexed  to the  draft  for  a Council  Resolution 
and which  in addition  to a detailed  exposition  of 
objectives  also  puts  forward  a number  of 
concrete  actions. 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/43 
The Economic  and  Social  Committee  will  be 
consulted  on  each  individual  proposal  which  the 
Commission  presents  to the  Council  in the  next  few 
years  for  the  implementation  of the  social  action 
programme. 
Because  of the  extremely  difficult  conditions  under 
which  the Opinion  was  prepared,  the Committee  has 
not been  able  to comment  on  all  the  measures 
envisaged  by the Commission. 
Some  members  regret  that  they  are  unable  to judge 
the coherence  of the  programme  as a whole  because 
of the vague  information  on the various  actions. 
Nevertheless,  they  have  the  impression  that  the 
social  action  programme  does  not  fit into  any  basic 
concept  of a Community  social  policy  of the  future. 
Because  of this,  the  expectation  they  expressed  in 
the general  comments  has  not  been  fulfilled,  namely 
that a  Community  social  policy  would  be 
interlocked  with  the  policies  in other  sectors  and 
that the  goals  of the  social  action  programme  would 
be regarded  as  guidelines  for  all  Community 
decisions. 
Other  members  consider  that  the  approach  adopted 
by the  Commission  is acceptable  in view  of the 
deadlines  given  it. 
The Committee  restricts  its  comments  to  the 
priorities  and  proposals  already  submitted  by  the 
Commission,  to which  reference  is made  in the 
'Draft  Resolution  of the  Council  relating  to a Social 
Action  Programme',  in order  to set out  its views  on 
the introduction  of a Community  social  policy.  In 
making  these  comments,  however,  the  Committee 
must  refer  to the  information  given  in the  draft  for 
a social  action  programme  prepared  by  the 
Commission. 
The Committee  is nevertheless  of the  opinion  that 
adoption  of a Council  Resolution  on  the  social 
action  programme  does  not  constitute  adequate 
discharge  of  the  task  that  the  Community 
institutions  were  assigned  by the Heads  of State  and 
Heads  of  Government  at  the  Paris  Summit 
Conference  in October  1972,  viz.  of drawing  up a 
social  action  programme  providing  for  concrete 
measures  and  the  corresponding  resources 
particularly  in the  framework  of the  European 
Social  Fund. 
The Committee  emphasizes  that  with  the  text  of the 
draft  Resolution  as it stands  at present,  the  Council, 
in addition  to not  binding  itself  legally  (as this  is a 
Resolution  and  not  a legal  instrument),  would  not 
even  take  on  genuine  political  and  moral 
commitments. 
In fact,  as it merely  states  that  'initial  necessary 
measures  to achieve  the  following  objectives  should be adopted  . ..' (5th  indent  of the  draft  Resolution), 
the draft  Resolution  does  not  commit  the Council  to 
anything  specific  — although  to carry  out  the  task 
set out  by  the  Paris  Summit,  the  Council  would 
have  to commit  itself  to  adopting  a series  of 
measures  on a basis  of proposals,  possibly  amended, 
that the  Commission  will  prepare  for  the  individual 
measures. 
Therefore  the  Committee  proposes  that  the  text  of 
the draft  Resolution  be amended  as follows: 
1. In the third  recital  replace  the words: 
'initial  necessary  measures  to  achieve  the 
following  objectives  should  be adopted  ... 1974 
to 1976' 
with 
'initial  necessary  measures  — which  the  Council 
undertakes  to adopt  — to achieve  the  following 
objectives  should  be adopted  during  a first  stage 
covering  the period  from  1974  to 1976,  namely': 
2. After  the recitals  replace  the words: 
'undertakes  to act on these  proposals' 
with 
'undertakes  to this  end,  to adopt  measures  based 
on these  proposals  within  nine  months  . . . etc.' 
The Committee  regrets  in this  connection  that  it was 
not deemed  necessary  to  make  more  extensive 
reference  to Article  235  of the  EEC  Treaty  in the 
recitals  of the  draft  Resolution.  The  importance  of 
these  decisions  once  more  underlines  the  need  for  a 
stronger  democratic  legitimation  of the  decisions  of 
institutions  of the  Community. 
For the  achievement  of full  and  better  employment 
labour  markets  should  be  made  completely 
'transparent'  by means  of detailed  short-term  and 
medium-term  employment  forecasts,  and  economic 
policy  should  be closely  coordinated  with  regional, 
structural  and  labour  market  policies  and  with 
education  and  vocational  training  policy.  To  this 
end, firms'  data  must  also  be taken  into  account,  as 
was pointed  out  in the  general  comments,  for 
investment  plans  are  the  main  indicators  for 
estimates  in  the  employment  spheres.  The 
Committee  also  points  out  that  regional  committees, 
of which  the  representatives  of all socio-professional 
categories  would  have  to be members,  could  be of 
great  help  in achieving  full  employment. 
No C 37/44 Official  Journal  of the  European  Communities 1.4. 74 
Considering  the  difficulties  some  member  countries 
have  had  within  the  common  labour  market  in 
securing  equality  regarding  wages  and  other  working 
conditions  for  all workers  from  different  member 
countries  working  in  a member  country,  the 
Committee  is of the  opinion  that  the  following 
should  be inserted  after  the  fir,st  indent  under  the 
heading  'Achieving  full  and  better  employment  in 
the Community'  on  page  2 of the  text  of the 
Resolution: 
'To undertake  compensating  action  for  the 
purpose  of  securing  full  equality  for  every 
worker  from  a member  country  regarding  wages 
and other  working  conditions  in the  member 
country  where  the  work  is performed  regardless 
of the  country  in which  the work  agreement  was 
negotiated'. 
For improving  living  and  working  conditions,  the 
Committee  considers  that  top  priority  must  also  be 
given  to a specific  effort  to help  solve  the  housing 
problems  of large  families,  people  with  low  incomes 
and those  who  are  particularly  poorly  off.  The 
Committee  therefore  fails  to appreciate  why  the 
action  programme  envisaged  by the  Commission  for 
a Community  policy  on  publicly  assisted  housing 
has been  dropped  from  the list of priorities. 
It is obvious  that  a more  vigorous  effort  on the 
part of the  Standing  Committee  on  Employment, 
whose  job  it is to deal  with  all problems  affecting 
employment  in  the  Community,  will  not  be 
sufficient  to bring  about  greater  involvement  of the 
social  partners  in the  economic  and  social  decisions 
of the  Community.  If industrial  democracy  is not  to 
remain  a hollow  phrase,  representatives  of economic 
and social  interests  must  be effectively  involved  in 
decision-making  in all sectors  and  at all levels. 
For this  reason  the  activities  of these  representatives 
should  not  be confined  to the  Standing  Committee 
on Employment  but  should  rather  be concentrated 
on more  effective  cooperation  on  the  part  of the 
Economic  and  Social  Committee,  which  is called 
upon  to express  its  views  on  social  policy  and 
special  measures  to be adopted,  taking  into  account 
the other  Community  policies. 
Independently  of this,  the  Committee  notes  that  the 
Commission  states  that  it has  already  submitted 
proposals  to the  Council.  The  Committee  reserves 
the right  to adopt  a position  on  these  proposals 
when  they  are officially  submitted  to it, but  it would 
make  the following  comments  at the present  stage. Assistance  for  migrant  workers  and  handicapped 
workers  from  the  resources  of the  European  Social 
Fund  (Article  4) 
(a) Migrant  workers 
Because  of the  free  movement  of workers  within  the 
Community,  which  is provided  for by the Treaty,  on 
the one  hand,  and  the  overburdening  of the  social 
infrastructures  of the  Member  States,  especially  in 
congested  areas,  on  the  other,  a  regional 
employment  policy  in  the  Community  and 
coordination  of  the  Member  States'  migration 
policies  vis-a-vis  non-Member  States  are  prime 
essentials. 
Irrespective  of whether  migration  can  be restricted 
in the foreseeable  future,  the Community  — and  the 
Member  States  — must  endeavour  to improve  the 
social  and  human  conditions  under  which 
migrations  take  place  and  to ensure  that  migrant 
workers  receive  the  same  treatment  as  native 
workers. 
Some  members  have  no objections  to proposals  that, 
under  Article  4, European  Social  Fund  assistance 
could  be  granted  for  the  vocational  training  of 
migrant  workers  and  for  removal  and  reception 
facilities,  as well  as for  training  social  workers,  for 
educating  the  children  of  migrant  workers,  for 
training  specialized  teaching  staff  and  for  housing 
allowances. 
However,  other  members  point  out  that  these 
measures  can  encourage  migratory  movements  where 
these  should  be restricted  by other  measures.  While 
stressing  the need  for a number  of other  steps  in the 
area of social  security,  social  services  and  housing, 
these  members  propose  that  the  undertakings  which 
employ  migrant  workers  should  be called  upon  to 
finance  the measures  described,  in order  to make  the 
employment  of migrant  workers  more  expensive  and 
thus provide  additional  incentives  for  rationaliza-
tion and  investments  in the  less-developed  areas  of 
the Community. 
For a study  of the  problem  of fully  integrating 
migrant  workers  into  life  and  work  in the  host 
countries,  the  Committee  does  not  consider  it 
expedient  to set  up an ad hoc  group  of top  civil 
servants  from  the Member  States.  The  economic  and 
social  interests  in the  Community  which  will  be 
lastingly  affected  by the  final  arrangements  must  be 
involved  precisely  in the  planning  of an  overall 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/4.5 
policy.  The  Committee  therefore  draws  attention  to 
its Opinion  on  the  social  situation  in  the 
Community  in 1972,  in which  the  Commission  was 
requested  to set up within  a short  space  of time  a 
roving  committee  to play  a part  in the Commission's 
survey  of the  — de jure  and  de facto  —  socio-
economic  position  of migrant  workers  and  their 
families  coming  from  the  Community  and  third 
countries. 
(b) Handicapped  workers 
The Committee  supports  the  proposal  that 
handicapped  workers  be  granted  the  right  to 
assistance  from  the  European  Social  Fund  under 
Article  4. However,  the  Committee  also  draws 
attention  to its general  comments,  in which  it stated 
that the  financial  resources  of the  European  Social 
Fund  might  have  to be increased  considerably  to 
cover  new  tasks,  if these  tasks  are  not  to be carried 
out at the expense  of others. 
The Committee  also  points  out  that  the  various 
problems  of young  and  old  handicapped  workers 
call for different  types  of measures.  The  Community 
should  therefore  also  study  how  older  workers  who 
have  acquired  handicaps  at work  can  be guaranteed 
an income  during  the  period  of rehabilitation  (like 
in the  case  of  unemployed  workers  during 
retraining). 
Action  programme  for handicapped  workers  in com-
petitive  industry 
The Committee  welcomes  the Commission's  proposal 
that the  work  which  has  been  in progress  for  years 
on a  comprehensive  action  programme  for 
occupational  rehabilitation  be completed  and  that 
an action  programme  for  the  employment  of 
handicapped  workers  in a competitive  industry  be 
submitted  soon  to the Council.  It would  be desirable 
for the  Commission  to  also  take  account  in 
this programme  of  implementation  of  company 
programmes  and  measures.  However,  the Committee 
recommends  that  the  emphasis  in  the  planned 
measures  be placed  on intensifying  the  cooperation 
between  pilot  rehabilitation  centres,  on account  of 
the financial  burdens  to be expected. 
Setting-up  of a general  European  Commission  on in-
dustrial  safety  and  extension  of the terms  of reference 
of the Mines  Safety  and  Health  Commission 
The Committee  supports  the  Commission's  proposal 
that a general  commission  on industrial  safety  be set 
up and  that  the  powers  of the  Mines  Safety  and 
Health  Commission  be extended  to cover  the  whole field  of mining,  both  below  the  ground  and  on the 
surface. 
The Committee  expects,  however,  that  the  social 
partners  will  be adequately  involved  in formulating 
and implementing  a common  industrial  safety 
policy,  which  will  be  the  specific  task  of  the 
industrial  safety  commissions. 
The Committee  requests  that  a detailed  study  should 
be carried  out  promptly  on  all  the  problems 
connected  with  job  security,  with  a view  to mapping 
out a common  policy  and  a programme  of priorities 
in this  field  in broad  outline. 
Directive  relating  to the  harmonization  of legislation 
of Member  States  on the  application  of the  principle 
of equal  pay  for men  and  women 
The Section  considers  it essential  for  the Community 
to continue  its  endeavours  to  ensure  that  the 
principle  of equal  pay  for  equal  work  is fully 
implemented  throughout  the  Community  in 
accordance  with  Article  119  of the  EEC  Treaty. 
These  efforts  ought  to find  concrete  form  in a 
directive. 
The Committee,  however,  wishes  to observe  that 
considerable  progress  has  already  been  achieved  in 
this field.  In its opinion,  it must  be borne  in mind 
that the  question  of employment  and  remuneration 
cannot  be separated  from  the  wider  problem  of the 
position  of women  in society. 
Introduction  of the  40-hour  week  by 1975  and  four 
weeks'  annual  paid  leave  by 1976 
The Committee  points  out  that  the  goal  of the 
40-hour  week  and  four  weeks'  annual  paid  leave  has 
already  been  achieved  in many  branches  of industry 
in the  Community  or is in the  process  of being 
achieved.  Consequently,  this  aim  will  soon  be 
realized. 
Setting  up of a European  foundation  for the improve-
ment  of the environment  and  the raising  of living  and 
working  conditions 
Despite  a number  of doubts  which  were  expressed  by 
various  members,  the  Committee  is able  to support 
the Commission's  proposal  that  a  European 
foundation  for  the  improvement  of the  environment 
and the  raising  of living  and  working  conditions  be 
set up to promote  long-term  research  in line  with 
the aims  of  the  Community's  social  and 
environment  policies. 
Some  members,  however,  are  rather  sceptical  about 
the effectiveness  of such  a foundation  whose  aims 
No C 37/46 Official  Journal  of the  European  Communities 1.4. 74 
do not  sufficiently  take  account  of the  reality  of 
everyday  life.  None  the  less,  if such  a foundation 
were  created,  it would  in their  view  be absolutely 
necessary  for  representatives  of economic  and  social 
groups  who  are  in direct  contact  with  the  realities  of 
industry,  to be involved  in deciding  what  type  of 
research  is to be performed. 
Other  members  refer  to certain  initiatives  taken  in a 
Member  State  which  allow  the  production  process 
to be stopped,  if the  working  conditions  in a factory 
are found  to be unreasonable.  Such  a system  would 
be more  effective  and  could  quite  feasibly  replace  a 
foundation  for  the  improvement  of the  environment 
and the  raising  of living  and  working  conditions. 
Directive  on  the  harmonization  of legislation  of 
Member  States  on mass  dismissals 
In this  connection,  the  Committee  can  refer  to its 
Opinion  on  the  draft  for  a Directive  on  the 
harmonization  of  the  legislation  of the  Member 
States  relating  to mass  dismissals,  which  was  alluded 
to by  the  Committee  in its  general  comments.  It 
expresses  the  hope  that  the  Commission  has  taken 
into account,  in its modified  proposal,  the  remarks 
made  in  the  Economic  and  Social  Committee's 
Opinion. 
Equality  in wages  and  other  working  conditions 
In line  with  the  earlier  remarks  made  by  the 
Committee  on the  difficulties  in securing  equality  in 
Done  at Strasbourg,  29 November  1973. wages  and  other  working  conditions,  the  Committee 
is of the  opinion  that  the  following  should  be 
included  on  page  4 of the  text  of the  Resolution 
among  the  proposals  which  the  Commission  is to 
submit  to the Council  before  1 April  1974: 
'Proposal  for  the  purpose  of  securing  full 
equality  for  every  worker  from  a member 
country  regarding  wages  and  other  working 
conditions  in the  member  country  where  the 
work  is performed,  regardless  of the  country  in 
which  the work  agreement  was  negotiated'. 
In this  connection  the Committee  refers  to its Opinion 
on the  law  governing  industrial  disputes. 
Finally  and  not  withstanding  the  specific  duties  of 
the Standing  Committee  on Employment,  as proposed 
in the  part  of  the  Opinion  dealing  with  full 
employment,  the  Economic  and  Social  Committee 
recalls  the  institutional  powers  which  allow  it to 
issue  opinions  on  all  aspects  of the  Community's 
economic  and  social  policies. 
In line  with  the  wish  expressed  at the  Paris  Summit 
Conference,  it is to be greatly  desired  that,  pursuant 
to the  obligations  laid  down  by  the  Treaties,  the 
Economic  and  Social  Committee  should  be  called 
upon  to participate  in the  implementation  of the 
Social  Action  Programme  and,  more  generally,  in the 
implementation  of the  other  Community  policies. 
The Chairman 
of the Economic  and  Social  Committee 
Alfons  LAPPAS