15.12.  75 Official  Journal  of the  European  Communities No C 286/19 
IV. SPECIFIC  COMMENTS  ON  INDIVIDUAL 
ARTICLES  OF THE  DIRECTIVE 
The Committee  approves  the  proposal  for  a 
Directive  subject  to the observations  it has  made  on 
the memorandum  and  the  Directive  and  the 
comments  below  on  individual  Articles  of the 
Directive. 
The second  paragraph  on  page  6 of the  draft 
Directive  should  read:  'Whereas  social  security 
benefits  are still  all too often  determined  on the basis 
of criteria  which  vary  according  to the  sex  of the 
worker'. 
Article  1 (new) 
'This  Directive  is issued  in accordance  with  the 
Declaration  of Human  Rights,  which  lays  down  the 
right  to work,  the European  Social  Charter,  in which 
this right  is also  enshrined,  and  the constitutions  of 
most  EEC  countries  which  also  recognize  the right  to 
work.' Article  3 (previously  Article  2) 
Paragraph  (c) should  read: 
'review  of laws,  regulations  and  agreements  which 
were  drawn  up with  a view  to the  protection  of 
workers,  in order  to eliminate  protective  measures 
that can no longer  be justified.' 
Article  4 (previously  Article  3) 
This  Article  ought  to mention  that  syllabuses  must 
be the same  for both  sexes,  as access  to all spheres  of 
general  education  and  vocational  training  is not 
enough  if different  subject  matter  is taught. 
Article  8 (previously  Article  7) 
This  Article  should  state  that  the  burden  of proof 
must  lie with  the employer  if he takes  action  against 
a female  employee  and  she  considers  that  this  action 
is consequent  upon  a complaint,  etc. made  by her. 
Done  at Brussels,  25 September  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for  a Council  Regulation  amending  Regulations  (EEC)  No 
1408/71  and  (EEC)  No  574/72  and  relating  to the  standardization  of the  system  of 
paying  family  benefits  to workers,  the members  of whose  families  reside  in a Member 
State  other  than  the country  of employment 
The text  referred  to the  Committee  was  published  in the  Official  Journal  of the 
European  Communities  No  C 96 of 29 April  1975,  page  4. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 21 April  1975,  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. 
No C 286/20 Official  Journal  of the  European  Communities 15.12.  75 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its Opinion  on the  above  matter  at its 
133rd  plenary  session,  held  in Brussels  on 24 and  25 September  1975. 
The full  text  of the Opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  Article  198  of  the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 24 April  1974  for an 
Opinion  on the  proposal  for  a Council  Regulation 
amending  Regulations  (EEC)  No 1408/71  and  (EEC) 
No 574/72  and  relating  to the standardization  of the 
system  for  paying  family  benefits  to workers,  the 
members  of whose  families  reside  in a Member  State 
other  than  the country  of employment; 
Having  regard  to the decision  taken  by its Bureau  on 
22 April  1975,  instructing  the  Section  for  Social 
Questions  to draw  up an Opinion  on the matter; 
Having  regard  to the  Opinion  issued  by the  Section 
for Social  Questions  at  its  meeting  held  on 
11 September  1975,  and  the report  submitted  by Mr 
Purpura; 
Having  regard  to the discussions  at its 133rd  plenary 
session  held  on 24 and  25 September  1975; 
Whereas  the  Economic  and  Social  Committee  has 
already  expressed  its Opinion  on Council  Regulation 
(EEC)  No  1408/71  of 14  June  1971  on  the 
application  of social  security  schemes  to employed 
persons  and  their  families  moving  within  the 
Community,  and  on Council  Regulation  (EEC)  No 
574/72  of 21 March  1972  fixing  the procedure  for 
implementing  Regulation  (EEC)  No 1408/71; 
Whereas  the  Economic  and  Social  Committee  has 
shown  the  greatest  interest  in safeguarding  the 
welfare  of migrant  workers  and  their  families,  both 
in delivering  Opinions  on the  various  proposals  for 
Regulations  from  the  Commission  and  in adopting 
Opinions  each  year  on the  social  situation  in the 
Community  or Opinions  which  deal  with  social 
security  issues,  as part  of the  Community's  Social 
Policy; 
Whereas  the  Social  Action  Programme  of  the 
Community,  approved  by the  Council  in January 1974,  and  the  programme  for  action  in favour  of 
migrant  workers  and  their  families,  submitted  by the 
Commission  to the  Council  and  currently  being 
examined  by the  Economic  and  Social  Committee, 
shows  clearly  the  willingness  of Community  bodies 
to accomplish  further  progress  with  respect  to the 
social  security  arrangements  for  this  particular 
category  of worker; 
Whereas  it is politically  and  legally  desirable  that  all 
forms  of discrimination  against  migrant  workers 
which  still  exist  be eliminated,  in order  to ensure 
equal  treatment  for  Community  and  national 
workers  within  the  nine  Member  States  of the 
Community, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Economic  and  Social  Committee  approves  the 
Commission's  proposal  for  a Regulation,  subject  to 
the following  comments  and  suggestions. 
1. The  Committee  notes,  first  of all,  that  the 
Commission's  proposal  is  included  in  the 
Community  Action  Programme  in favour  of migrant 
workers  and  their  families.  The  Commission  wanted 
to present  its proposal  before  the  programme  itself 
was approved  by the  Council,  in order  to show  (i) 
the zeal  with  which  it is implementing  various 
measures  and  (ii) how  urgent  it is for something  to 
be worked  out with  respect  to family  benefits. 
2. The  Committee  welcomes  this,  and  notes  that 
the Commission's  proposal  implements  Article  98 of 
Regulation  (EEC)  No 1408/71.  This  article,  which  is 
among  the  transitional  and  final  provisions  of the 
Regulation,  instructs  the  Council  to re-examine 
before  1 January  1973,  'the  whole  problem  of the 
payment  of family  benefits  to members  of families 
who are  not  residing  in the  territory  of  the 
competent  State,  in order  to  reach  a uniform 
solution  for all Member  States'. 
15.12.  75 Official  Journal  of the  European  Communities No C 286/21 
The reason  why  the  Commission  has  submitted  its 
proposal  to the  Council  so late  is because  of the 
difficulties  and  complications  arising  from  the 
accession  of three  Member  States  to the  European 
Economic  Community. 
3. The  aim  of the  proposal  is to standardize  the 
system  of  paying  family  benefits  within  the 
Community,  with  each  case  being  governed  by the 
national  law  of the  country  of residence.  The 
proposal  also  suggests  that  certain  amendments  be 
made  to new  regulations  on family  benefits. 
The Committee  emphasizes  that  the  gradual 
improvement  of  social  security  regulations  has 
always  been  desired,  in order  to facilitate  the  free 
movement  of labour  between  the  Member  States.  It 
therefore  considers  the Commission's  proposal  to be 
a decisive  step  towards  overcoming  some  of the 
obstacles  to labour  mobility  within  the  Community 
and achieving  treatment  for immigrant  workers  from 
Community  Member  States  which  is equal  to that 
received  by nationals. 
4. The  Committee  fully  supports  the  solution  put 
forward  in the  Commission's  proposal.  Because  pay 
and family  benefits  are complementary  parts  of the 
same  system,  the  granting  of family  benefits  must, 
from  the  legal  point  of view,  be regulated  in all 
cases  by the  same  national  laws  as those  governing 
the working  conditions  of the  head  of the  family. 
This  principle  applies  even  when  the  recipients  of 
benefits  do not  live  in the country  where  the head  of 
the family  works,  or if the  head  of the  family  is 
unemployed. 
5. Having  thus  looked  at the technical  side  of the 
problem,  the  Committee  recognizes  that  the 
Commission's  proposal  will  enable  procedures  to 
be simplified  considerably,  and  avoid  the  need 
for frequent  exchanges  of  information  and 
reimbursements  between  the  relevant  Member 
States'  institutions.  This  will  be  an  enormous 
advantage. 6. In  the  Committee's  view,  it should  also  be 
emphasized  that  the  elimination  of the  present 
disparity  in treatment  between  immigrant  workers 
working  in France  away  from  their  families,  and those 
working  in other  Member  States  will  ensure  greater 
homogeneity  in  family  benefits  for  Community 
workers.  All  of this  is in line  with  the  spirit  of 
solidarity  and  cooperation  behind  Community  social 
security  legislation. 
The Committee  hopes  that  every  effort  will  be made 
to eliminate  any  discrimination  with  respect  to 
family  benefits  which  may  occur  in the future. 
7. The  Committee  notes  too  that  certain  other 
innovations  have  been  introduced  in the  proposal 
which  are  not  connected  with  standardizing  the 
systems  for  paying  benefits.  These  include  the 
provisions  of Article  2 (1)  (a),  which  seek  to 
introduce  more  favourable  rules  for  overlapping 
rights  to family  benefits  than  those  laid  down  in 
Article  10 of Regulation  (EEC)  No 574/72. 
8. Finally,  the Committee  proposes  that  the fourth 
recital  in the  preamble  to the  proposed  Regulation 
be deleted.  This  speaks  of 'derogation  from  the rule 
that the  worker  and  his  dependants  should  receive 
the benefits  provided  for by the  legislation  to which 
he is subject',  and  mentions  'sickness  and  maternity 
insurance  benefits  in kind  or benefits  in kind  granted 
under  insurance  against  accidents  at work  and 
occupational  diseases'.  The  Committee  does  so for 
three  reasons.  Firstly,  such  matters  do  not  come 
within  the  scope  of the  proposal,  which  deals 
entirely  with  family  benefits.  Secondly,  it is strange, 
when  the  derogation  granted  to France  is being 
abolished,  to speak  about  the  derogations  which 
remain  in force.  And  thirdly,  the passage  in question 
could  be interpreted  to mean  that  the  derogations 
which  do  remain  in force  do  so  'by  way  of 
exception,,  namely,  where  the  provision  of these 
benefits  would  meet  with  considerable  administrative 
obstacles',  which  is not the case. 
Done  at Brussels,  24 September  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE