9. 6. 81 Official Journal of the European Communities No C 138/45 
Opinion on the proposal for a Council Regulation amending Regulation (EEC) 
No 1408/71 on the application of social security schemes to employed persons and their 
families moving within the Community and Regulation (EEC) No 574/72 fixing the 
procedure for implementing Regulation (EEC) No 1408/71 
The text referred to the Committee has been published in Official Journal of the 
European Communities No C 303 of 20 November 1980, page 7. 
A. LEGAL BASIS FOR THE OPINION 
On 31 October 1980- the Council referred the abovementioned proposal to the 
Economic and Social Committee in accordance with Article 198 of the Treaty 
establishing the European Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
185th plenary session held in Brussels on 25 and 26 February 1981. 
The full text of the opinion is as follows 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 198 thereof, 
Having regard to the request made by the Council of 
the European Communities on 31 October 1980 for 
an opinion on the proposal for a Council Regulation 
amending Regulation (EEC) No 1408/71 on the 
application of social security schemes to employed 
persons and their families moving within the 
Community and Regulation (EEC) No 574/72 fixing 
the procedure for implementing Regulation (EEC) 
No 1408/71, 
Having regard to the decision taken by its chairman 
on 10 November 1980, instructing the Section for 
Social Questions to draw up an opinion and a report 
on the matter, 
Done at Brussels, 26 February 1981. 
The Chairman 
of the 
Economic and Social Committee Having regard to the opinion issued by the Section 
for Social Questions on 12 February 1981, 
Having regard to the report submitted by the 
rapporteur, Mr Ammundsen, 
Having regard to the discussions at the 185th plenary 
session held on 25 and 26 February 1981 (meeting of 
26 February 1981), 
HAS ADOPTED THE FOLLOWING OPINION 
by 67 votes to eight, with 12 abstentions: 
The Committee endorses the Commission pro­
posal. 
Tomas ROSEINGRAVE 
No C 138/46 Official Journal of the European Communities 9. 6. 81 
ANNEX 
to the opinion of the Economic and Social Committee 
The following amendments were rejected in the course of the discussions: 
Page 45: 
1. Complete as follows: 
'The Economic and Social Committee endorses the Commission proposal with the exception of 
Article 1(1) (amendments to Article 22 (2) of Regulation (EEC) No 1408/71 and 4 (1 a) and 4 a) 
(amendments to Articles 17 (2) and 60 (2) of Regulation (EEC) No 574/72) with regard to 
which it would make the following comments and proposals: 
2. Add the following: 
'Article 1 of the proposal (Article 22 (2) of Regulation (EEC) No 1408/71) 
1. The Committee regards the proposal to curtail entitlement of workers and their families to 
medical treatment by amending Article 22 (2) of Regulation (EEC) No 1408/71 as totally 
unacceptable, at any rate in its present form and on the grounds cited by the Commission. 
1.1. Firstly, the Commission mentions abuse — obviously of current national and 
Community legislation. The Committee agrees that any possible abuse must be ruled out; any 
health service or authority allowing this to happen should be reprimanded sharply. 
1.2. Secondly, the Committee does not feel that the proposed authorization can be refused 
where the institution of the State granting such authorization finds that the treatment requested 
is sufficiently justified and cannot be provided by its own health service or that the delay 
involved would place the insuree's health at risk. 
1.3. To ensure that the situation referred to under point 1.2 above become less and less 
frequent, the Committee would ask the Commission to take more active measures to harmonize 
medical care schemes and to ensure that health services in countries and regions where serious 
shortcomings still persist are rapidly improved.' 
Result of the voting 
For: 17, Against: 37, Abstentions: 5 
Add the following: 
'Article 4 of the proposal (Articles 17 (2) and 60 (2) of Regulation (EEC) No 574/72) 
2. In the Committee's view, the matter of the statement certifying that a worker employed in 
one Member State and resident in another is entitled in the latter to benefits for sickness/ 
maternity and accidents at work/occupational diseases should be dealt with in greater depth 
than in Article 4 of the proposed Regulation as regards amendment of Regulation (EEC) 
No 1408/71 on the application of social security schemes to employed persons and their 
families moving within the Community and Regulation (EEC) No 574/72 fixing the 
procedure for implementing that Regulation. 
2.1. This provision should also enable the worker concerned to obtain the above benefits, 
both for himself and members of his family, in a Member State where he is resident but not 
working, simply on presentation of the statement entitling him to benefits in the Member State 
where he is employed. 
2.2. The certified statement to this effect should remain valid until the institution of his place 
of residence is notified of its cancellation. This rule applies to all Member States. Article 17 (2) 
and Article 60 (2) must therefore be amended accordingly.' 
Result of the voting 
For: 22, Against: 49, Abstentions: 8