1. 4. 74 Official  Journal  of the  European  Communities No C 37/23 
Replace  the  text  under  'Article  3' with  the  following: 
'As regards  a new  Article  4a 
For the  reason  mentioned  in paragraph  1.6  of the  general 
comments  the  Section  proposes  that  the  comments 
concerning  a new  Article  4a be replaced  by: 
The provisions  of Article  10a,  12,  12a  and  12c  shall  not 
apply  to self-employed  persons  engaged  in road  transport 
or to wage-earning  driving  staff  employed  by undertakings 
carrying  out  transport  on  own  account'. 
Result  of  the  voting: 
In favour:  17,  Against:  40,  Abstentions:  8. 
Article  6 
It is proposed  that  the  comments  on Article  6 be replaced 
by the  following: 'The  Economic  and  Social  Committee  starts  out  from 
the idea  that  breaks  cannot  be defined  in terms  of the 
length  of  the  shift  as the  official  breaks  are  already 
contained  in the  shift.  Accordingly  breaks  can  only  be 
defined  either  in terms  of hours  of attendance  or in terms 
of working  hours.  According  to Council  Decision  65/271 
of 13 May  1965,  the  basis  for  the  Commission  proposal, 
the latter  should  be the  yardstick  for  determining  breaks'. 
Reason 
The present  comments  on Article  6 admittedly  states  that 
it would  be very  difficult  to use  the  length  of the  shift 
as the  point  of reference,  but  it also  says  that  a different 
definition  should  be based  purely  on hours  of attendance 
— a concept  which  is not  even  defined.  For  this  reason 
reference  should  also  be made  to defining  the  length  of 
breaks  of working  hours. 
Result  of the  vote: 
In favour:  31,  Against:  31,  Abstentions:  4. 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on two  proposals  for Council  Regulations: 
— on the list of priority  agricultural  regions  and  areas  referred  to in the Regulation  on 
finance  from  the  Guidance  Section  of the  European  Agricultural  Guidance  and 
Guarantee  Fund  for  projects  falling  within  development  programmes  in priority 
agricultural  regions  and 
— on the list of regions  and  areas  referred  to in the Regulation  establishing  a European 
Regional  Development  Fund 
A. REQUEST  FOR  AN  OPINION 
At its 257th  meeting  held  on 15 and  16 October  1973,  the Council  decided  to exercise 
its option  of consulting  the  Economic  and  Social  Committee  on the  above  proposals 
for a Regulation. 
The request  for an Opinion  was  sent  by the  President  of the  Council  to the  Chairman 
of the  Economic  and  Social  Committee  on 16 October  1973. 
B. TEXT  WHICH  WAS  THE  SUBJECT  OF  THE  CONSULTATION 
The text  which  was  the subject  of the consultation  has  not  been  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  by the  members  present  or represented,  its Opinion  on the  text 
referred  to under  B. 
The text  of the  Opinion  is as follows: 
No C 37/24 Official  Journal  of the  European  Communities 1. 4. 74 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request  from  the  Council  on 
16 October  1973  for an Opinion  on the 
Proposal  for  a Council  Regulation  on  the  list  of 
priority  agricultural  regions  and  areas  referred  to in 
the Regulation  on  finance  from  the  Guidance 
Section  of the  European  Agricultural  Guidance  and 
Guarantee  Fund  for  projects  falling  within  the 
development  programme  in  priority  agricultural 
regions, 
Proposal  for  a Council  Regulation  on  the  list  of 
regions  and  areas  referred  to in the  Regulation 
establishing  a European  Regional  Development 
Fund; 
Having  regard  to the deadline  set by the Council; 
Having  regard  to  Article  198  of  the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the  Decision  of its  Bureau  on 
24 October  1973  instructing  the Section  for Regional 
Development  to draw  up an Opinion  on the matter; 
Having  regard  to Articles  46 and  47 of the  Rules  of 
Procedure; 
Having  regard  to its Opinion  of 25 October  1973  on 
the 
Draft  Decision  by the  Council  on the  creation  of a 
Committee  for regional  policy 
Proposed  financial  Regulation  on special  provisions 
to be  applied  to  the  European  Regional 
Development  Fund 
Proposal  for  a Council  Regulation  establishing  a 
Regional  Development  Fund; 
Having  regard  to the  various  reports  and  studies 
drawn  up  by  the  Section  and  the  Economic  and 
Social  Committee  respectively,  particularly  the  study 
on the  implementation  of a common  regional  policy 
adopted  on 25 October  1973; 
Having  regard  to the  Opinion  delivered  by  the 
Section  for  Regional  Development  at its meeting  on 
16 November  1973; 
Having  regard  to  the  report  presented  by  the 
Rapporteur,  Mr  Ventejol; 
Having  regard  to its discussions  at its 115th  Plenary 
Session  on 29 November  1973; 
Considering  Article  235  of the Treaty  of Rome, HAS  ADOPTED  THE  FOLLOWING  OPINION: 
The Economic  and  Social  Committee  approves  the 
two Commission  proposals,  subject  to the  following 
comments.  Firstly  it points  out  the  importance  of 
the common  regional  policy  with  regard  to the 
implementation  of social  and  monetary  union. 
It notes  however,  that  whilst  the  funds  allocated  to 
the EAGGF  (250  million  units  of account  over  five 
years)  and  the  European  Regional  Development 
Fund  (2 250  million  units  of account  over  three 
years)  are  not  insignificant,  they  will  not  be 
sufficient  to cope  with  the  expenditure  called  for  by 
a complete  Community  regional  development  policy 
extending  well  beyond  a system  of aids. 
As things  stand  at present,  the  slenderness  of the 
resources  is a further  factor,  hence  even  a very 
important  one,  militating  in favour  of a high  degree 
of concentration  of the aids. 
A. ANALYSIS  OF  THE  PROPOSALS 
1. Types  of region  and  criteria 
In line  with  the  preceding  proposals,  three  regional 
types  have  been  taken:  regions  with  a 
preponderance  of  agriculture,  declining  regions 
undergoing  industrial  change,  regions  with  structural 
underemployment. 
COMMON  CRITERION:  GROSS  DOMESTIC 
PRODUCT 
A common  criterion  has  been  used  for  these  three 
types  of region,  applicable  for  both  the  EAGGF  and 
for the  Regional  Development  Fund  —  gross 
domestic  product  per  head  lower  than  the 
Community  average  (2 420  units  of account). 
(a) Regions  with  a preponderance  of  agriculture 
Two  additional  criteria  have  been  adopted  both  for 
the agricultural  regions  aided  direct  by the  EAGGF 
and for those  aided  by the regional  fund.  These  are: 
— percentage  of the  working  population  engaged  in 
agriculture  higher  than  the  Community  average 
(9-8 o/o); 
— percentage  of the  working  population  engaged  in 
industry  lower  than  the  Community  average 
(43-9  %). 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/25 
In addition  to the  regions  which  meet  these  three 
criteria,  and  still  in the  agricultural  sector,  it has 
been  agreed  to take  into  account  areas  which,  while 
satisfying  these  criteria,  are situated  in regions  which 
are, as a whole,  ineligible  for aid from  the  EAGGF; 
these  areas  must  also  have  a large  surplus  of 
agricultural  working  population  (11*3  °/o). 
(b) Declining  regions  undergoing  industrial  change 
As regards  regions  undergoing  industrial  change,  in 
addition  to applying  the  criterion  of gross  domestic 
product  mentioned  earlier,  the Commission  proposes 
limiting  its action  to two  declining  industries:  coal 
and textiles,  provided  that  employment  in one  of 
these  two  sectors  is at least  20 °/o. 
Two  alternative  criteria  are also  put forward: 
— either  unemployment  averaging  at least  2 % of 
the working  population  of  the  region  over 
several  years; 
— or net  outward  migration  over  a long  period 
(5 to 10 years). 
A further  stipulation  is also  made  — the  number 
employed  in one  of the  two  declining  industries 
should  be at least  5 000. 
(c) Regions  with  structural  underemployment 
As regards  the  third  category  of region,  those  with 
structural  underemployment,  the  area  or region  in 
question,  in addition  to having  a gross  domestic 
product  per  head  below  the  Community  average, 
must  have  experienced  unemployment  that  is 20 °/o 
above  the  national  average  over  a period  of years 
and,  at the  same  time,  represents  at least  3-5  °/o of 
the working  population  of the  area  or region. 
Net outward  migration  at an average  annual  rate  of 
at least  1 % of the  population  over  a long  period  is 
also required. 
These  last  two  stipulations  on unemployment  and 
net migration  may  be replaced  by the  alternative  of 
a gross  domestic  product  per  head  of less  than  50 °/o 
of the Community  average. 
(d) Territorial  scope  of the activities  of the Regional 
Development  Fund 
An additional  point  which  is common  to regions 
with  a preponderance  of  agriculture,  regions 
undergoing  industrial  change  and  regions  with 
structural  underemployment  is that  only  territorial units  or  groups  of  units  of  at  least  100  000 
inhabitants  and  500  km2  have  been  considered  for 
analysis.  This  criterion  does  not  apply  to  the 
EAGGF. 
2. The  list  of regions 
The overall  application  of these  criteria  for the three 
types  of region  has  led  to lists  of regions  and  areas 
as shown  on  the  two  maps  published  by  the 
Commission,  one  covering  the  activities  of the 
EAGGF,  the  other  the  activities  of the  Regional 
Development  Fund. 
B. COMMENTS  BY  THE  COMMITTEE 
The Committee  puts  forward  the  following 
comments: 
An initial  analysis  of these  lists  and  maps  gives  the 
impression  that  there  are too  many  regions  or areas, 
which  could  be detrimental  to the  concentration  and 
intensification  of aids  which  has  always  been  the 
principal  concern  of  the  Economic  and  Social 
Committee.  It must  be  pointed  out  that  the 
European  Parliament  also  attaches  importance  to 
this goal. 
The legitimate  fear  that  the  aids  would  thus  lack 
intensity  and  concentration  could  lead  the 
Committee  to  request  that  the  lists,  and 
consequently,  the  maps  be revised  on the  basis  of 
more  selective  criteria. 
However,  the  Committee  considers  that  a revision 
procedure  would  not  necessarily  be adopted  by the 
Council  and  that,  in any  case,  it would  entail  long 
procedural  delays  without  any  certainty  of positive 
results.  These  long  delays  would  not  be compatible 
with  the  rapid  introduction  (planned  for  1 January 
1974)  of the  new  Community  machinery,  which  is to 
play  a decisive  role  in regional  development. 
The fact  that  the  Committee  has  adopted  this 
attitude  should  not  be construed  as acquiescence  pure 
and simple  in the  preselection  made  of regions  and 
areas. 
In line  with  its consistent  stand  against  the  dilution 
of aids  over  too  many  regions,  the  Committee 
requests  that  priorities  be set and  strictly  adhered  to. 
While  the  regional  policies  pursued  domestically  in 
each  of the  states  require  that  their  regional  scope 
be defined  on  the  basis  of criteria  meeting  the 
specific  problems  of each  country,  the  granting  of 
common  aids  must  be limited  to the  regions  and 
areas  with  the  most  serious  features  of underdeve-
lopment. 
No C 37/26 Official  Journal  of the  European  Communities 1.4. 74 
Consequently,  the Committee  proposes  that  an order 
of priorities  be drawn  up  by applying  the  criteria 
proposed  by the  Commission  at more  selective  rates 
to allow  the  most  serious  situations  to be identified 
and enable  the  available  Community  aid  to be 
concentrated  there. 
Article  5 of the  proposal  for  a Council  Regulation 
establishing  a regional  development  fund  should  be 
amended  accordingly.  This  Community  aid  must 
also take  into  account  the  qualitative  aspects  of 
setting  up economic  activities  which  have  been  made 
possible  by  the  financial  resources  of  the 
Community.  In this  respect,  economic  growth  must 
allow  incomes,  and  particularly  wages  to increase. 
In addition,  more  selective  application  of  these 
criteria  will  in fact  lead  to account  being  taken  of 
the problems  to be solved  in the  regions  of the 
Community,  especially  those  of Ireland  and  Italy, 
which  would  allow  both  the  letter  and  the  spirit  of 
the protocols  annexed  to the  Treaty  of Rome  and 
the Act  of Accession  to be respected. 
The above  considerations  lead  the  Committee  to re-
examine  the  aforementioned  criteria  and  propose  all 
the changes  it considers  useful.  Furthermore,  the 
Committee,  which  has  already  delivered  an Opinion 
on the  system  of general  regional  aids  for  the 
'central'  regions  of the  Community  requests  that  it 
be consulted,  as swiftly  as possible,  with  a request 
for an Opinion  on the  'peripheral'  regions.  For  the 
drafting  and  application  of  these  policies  the 
participation  of  socio-professional  organizations 
representative  of economic  and  social  activities  is 
vital,  as  the  ESC  requested  in  its  opinion  of 
25 October  1973 
1. A common  criterion  for the three  types  of region 
GROSS  DOMESTIC  PRODUCT 
Here  the  Commission  has  proposed  as criterion  the 
Community  average.  However,  the  need  to 
concentrate  efforts,  in other  words  effectiveness, 
entails  reduction  of this  criterion  to a considerably 
lower  level,  as advocated  by  the  Economic  and 
Social  Committee  in its Opinion  of 25 October  1973 
It would  therefore  be appropriate  to determine  areas 
for intensive  aid  according  to whether  the  regions 
have  a gross  domestic  product  per  head  which  is 
10°/o,  20°/o  or  30°/«  and  over  below  the 
Community  average. 2. Differentiated  criteria  for the three  types  of region 
The Committee  now  turns  to the  question  of the 
differentiated  criteria  for  determining  whether 
regions  have  a preponderance  of agriculture,  are 
undergoing  industrial  change,  or have  structural 
underemployment. 
(a) Regions  with  a predominance  of  agriculture 
It would  be possible  to distinguish  between  working 
populations  engaged  in agriculture  which  are  5 °/o, 
10 °/o or 15  % and  over  above  the  Community 
average. 
Similarly  working  populations  in industry  could  be 
classed  according  to whether  they  are  5 °/o, 10%  or 
15 °/o and  over  below  the Community  average. 
While  the Committee  could  consider  that  units  with 
at least  100  000  inhabitants  in an area  of 500  km2 
can be a suitable  basis  of analysis  for  determining 
the intensity  and  concentration  of  aids,  it will 
nevertheless  have  to  be  checked  whether  this 
hypothesis  is valid  for  the  regions  in which  the 
EAGGF  will  be called  upon  to intervene. 
With  regard  to agricultural  regions,  the  Committee 
notes  that  in addition  to the  operations  of the 
EAGGF  and  the  Regional  Development  Fund 
described  in the  two  proposals,  the  Community  also 
makes  provision  for  aids  for  farms  in mountainous 
regions  and  other  less  favoured  areas.  The  purpose 
of these  aids  is to enable  these  farms  to keep  going 
in spite  of unfavourable  conditions,  and  at the same 
time  to protect  the  natural  environment.  Although 
the objective  pursued  by  the  regulation  on 
agriculture  in  mountainous  regions  is different, 
which  means  that  the  list  of regions  could  differ 
from  those  drawn  up for  the  two  regulations  under 
examination,  the  Committee  none  the  less  considers 
that the  mountainous  regions  and  less  favoured 
regions  referred  to in the abovementioned  regulation 
should  not  be deprived  of the benefits  offered  by the 
two regulations  currently  being  discussed. 
(b) Regions  undergoing  industrial  change 
The Committee  is in agreement  with  the  selection  of 
coal and  textiles  as priority  sectors;  these  are  the 
sectors  giving  most  cause  for  concern  at the  present 
time. 
1. 4. 74 Official  Journal  of the  European  Communities No C 37/27 
Nevertheless  the  Committee,  which  is concerned  by 
the often  rapid  structural  changes  in branches  or 
sectors  of industry  which  have  serious  regional 
affects,  requests  once  again  that  a serious  study  be 
made  of these  situations,  that  economic  and  social 
objectives  be  defined  and  that  measures  be 
implemented  under  a common  conversion  policy. 
As to the criteria  of unemployment  on the  one  hand 
and the  alternative  criterion  of net  migration  on the 
other,  the  Committee  considers  that  they  allow  a 
more  detailed  analysis  of the  situations,  but  this 
ought  not  to affect  the  obligation  to give  priority 
attention  to regions  where  unemployment  is severe. 
Further,  the  Committee  does  not  believe  that  5 000 
as the  number  employed  in one  of the  declining 
sectors  can  be an absolute  criterion.  It appears  that 
the problems  are  sometimes  even  more  formidable 
below  this  figure  of 5 000  when  conversions  occur 
in an economically  weak  environment  that  offers  no 
possibilities  of  quantitative  and  qualitative  re-
employment. 
Conversely,  provided  that  means  for  conversion  are 
set up,  a level  higher  that  5 000  may  represent  an 
easier  situation  if there  is growth  activity  in the 
region  offering  diversified  employment. 
(c) Structural  underemployment Finally,  again  with  regard  to regions  with  structural 
underemployment,  the  Committee  notes  that 
reference  is once  more  made  to the  criterion  of gross 
domestic  product  per  head,  but  here  the  coefficient 
of intensity  is greater  than  that  described  previously 
since  the  GDP  has  to be  below  50%  of  the 
Community  average. 
On this  point  the  Commission  proposal  seems  to 
meet  one  of the  basic  concerns  of the  Committee, 
namely  the  need  to modify  the  criterion  of average 
gross  domestic  product  and  bring  it down  to a 
much  lower  level. 
The Committee  regrets,  however,  that  this  provision 
applies  only  to regions  with  structural  underemploy-
ment  and  has  not  been  extended  to cover  regions 
with  a preponderance  of agriculture  and  regions 
undergoing  industrial  change.  The  Committee 
consequently  calls  for  extension  of the  provision. 
Application  of this  criterion  for  the granting  of aids 
would  allow  a greater  intensity  of action  in the 
initial  stage  in cases  where  the  gross  domestic-
product  is below  or equal  to 1 210  units  of account 
(i.e. 50%  of the  Community  average).  Of course  in 
later  stages,  to be kept  as close  together  as possible, 
attention  should  be  given  to regional  situations 
which  are  not  so unfavourable,  where  the  gross 
domestic  product  per  head  is between  1 210 and 
2 420  units  of account.  The  latter  figure,  it must  be 
remembered,  is taken  as the  average  gross  domestic 
product  per head  in the Community. 
The criterion  of unemployment,  which,  taken  at an 
average  rate  over  a period  of years,  should  be 20% 
higher  than  the  national  average  and  at least  3\5 % 
of the  working  population  of the  region,  does  not 
always  make  it possible  for the intensity  of the  aids 
to be  varied  according  to the  severity  of the 
unemployment. 
In the  absence  of statistical  data,  the  Committee 
cannot  properly  assess  structural  underemployment, 
which  covers  in fact  the situations  already  described 
in preceding  reports  on unemployed,  underemployed 
or unsuitably  employed  workers. 
Furthermore,  the  Committee  stresses,  as it has  done 
previously,  that  the  absence  of  unemployment 
cannot  be  regarded  as  an  absolute  criterion, 
especially  in  regions  which  have  already  been 
drained  of their  working  population. 
Net outward  migration  may  be a sound  criterion 
but here  again,  as has  already  been  said,  migration 
on a minor  scale  may  well  be the result  of an earlier 
drain  of the  working  population.  As  to the  'long 
period'  over  which  net  outward  migration  is to have 
taken  place,  the  Committee  would  like  to  be 
informed  about  its actual  duration. 3. The  need  to obtain  comprehensive  and  uniform 
statistics 
The Economic  and  Social  Committee  considers  that 
a great  deal  of progress  will  have  to be made  in 
statistical  knowledge  and  in the  uniformity  of the 
data  used  to make  it possible  for  the application  of 
the criteria  to be checked  and  for  fresh  criteria  to be 
chosen  if need  be. 
The Commission  itself  said  in its report  in May 
1973  that  the  statistical  material  employed  must  be 
treated  with  some  reservation  because  of a lack  of 
uniformity  and  often  considerable  gaps  in  the 
figures  used  and  because  the analysis  has  necessarily 
been  made  on the  basis  of existing  administrative 
units. 
Considering  the importance  of the  regional  problems 
it was  certainly  not  desirable  to  wait  for  an 
improvement  in statistics  to make  a start  on  a 
Community  regional  policy,  but  the  Committee 
considers  it essential  for  a better  approach  to 
regional  questions,  especially  as regards  the intensity 
of the  aids,  that  the  Community  have  uniform 
statistics  at its disposal  as rapidly  as possible. 
No C 37/28 Official  Journal  of the  European  Communities 1.4. 74 
social  equilibrium  and  thus  ensure  decisive  progress 
towards  economic  and  monetary  union.  However, 
while  aids  can  be a means  of developing  regions 
they cannot  by  themselves  eliminate  under-
development.  Thus  it is the Community's  duty  and 
responsibility  to carry  out  by itself  and  for  itself 
large-scale  equipment  and  infrastructure  schemes,  as 
well as  pilot-projects  within  the  context  of 
Community  regional  development  whose  crucial 
importance  has  been  underlined  by the  Economic 
and Social  Committee  on many  occasions. 
The Chairman 
of the Economic  and  Social  Committee 
Alfons  LAPPAS 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on a proposal  for  a Council  Directive  on a ninth  amendment  to the  Directive  on the 
approximation  of the laws  of the Member  States  concerning  the preservatives  authorized 
for use  in foodstuffs  intended  for human  consumption 
A. REQUEST  FOR  AN  OPINION 
At its 247th  meeting  held  on 18 June  1973,  the Council  decided  in accordance  with  the 
provisions  of Article  100  of the Treaty  establishing  the European  Economic  Community 
to consult  Economic  and  Social  Committee  on the  above  proposal  for  a Directive. 
The request  for an Opinion  was  sent  by the President  of the Council  to the Chairman 
of the Economic  and  Social  Committee  on 21 June  1973. 
B. TEXT  WHICH  WAS  THE  SUBJECT  OF  THE  CONSULTATION 
The text  which  was  the subject  of the consultation  has not been  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  by the members  present  or represented,  its Opinion  on the  text 
referred  to under  B. 
The text  of the Opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE,  Opinion  on the  proposal  for  a Council  Directive  on 
a ninth  amendment  to  the  Directive  on  the 
approximation  of the  laws  of the  Member  States 
Having  regard  to the  request  by the  Council  of the  concerning  the  preservatives  authorized  for  use  in 
European  Communities  on  21  June  1973  for  an foodstuffs  intended  for human  consumption; The Committee  points  out  that  this  policy  of aid 
through  the  EAGGF  and  the  Regional  Development 
Fund  is essentially  complementary  in character.  It 
should  induce  Member  States  to  strengthen 
simultaneously  their  own  regional  development 
policies  coordinated  at Community  level. 
But aids,  however  important  they  may  be,  are  not 
sufficient  on their  own. 
The Community's  regional  development  policy  must 
be a fundamental  element  in restoring  economic  and 
Done  at Strasbourg,  29 November  1973.