No C 191/28 Official Journal of the European Communities 22. 7. 91 
Opinion on social developments in the Community in 1990 
(91/C 191/13) 
On 17 December 1990, the Economic and Social Committee, acting under the fourth 
paragraph of Article 20 of the Rules of Procedure, decided to draw up an Opinion on social 
developments in the Community in 1990. 
The Section for Social, Family, Educational and Cultural Affairs, which was responsible for 
preparing the Committee's work on the subject, adopted its Opinion on 13 May 1991. The 
Rapporteur was Mr E. Muller. 
At its 287th plenary session (meeting of 29 May 1991), the Economic and Social Committee 
adopted the following Opinion by a majority, with two votes against and ten abstentions. 
1. Introduction 
1.1. The Committee's annual Opinion on the Com­
munity's social developments in the previous year first 
and foremost comprises an analysis of the social situ­
ation and social problems during the period in question, 
together with the views of the Committee thereon. Its 
purpose is therefore not to make an in-depth, detailed 
analysis of the whole sweep of social policy. This said, 
the ESC's annual Opinion is nevertheless intended to 
make a useful contribution to the gradual and coherent 
development of a social policy which will be expected 
to ensure the general prosperity of all citizens and reflect 
the true social identity of the European Community. 
1.2. The Committee regrets that it does not have the 
Commission's annual report on social developments in 
1990. It invites the Commission to look into the possi­
bility of publishing future reports in good time, i.e. at 
the beginning of the year following the reference period. 
1.3. Since the work programme of the Economic and 
Social Committee provides for the drawing up of an 
Opinion on employment in Europe in 1990, this present 
Opinion on social developments will not contain any 
recommendations on employment. It would neverthe­
less be helpful to recall some of the main employment 
trends in 1990. 
1.3.1. The fall in the rate of unemployment in the 
Community over the last few years (with the exception 
of the former territories of the GDR) did not persist 
throughout 1990. During almost the whole of the 
second half-year the overall unemployment rate remai­
ned stable at 8,3 % of the working population, before 
starting to rise very slightly from December onwards. 
The slowdown in many European countries' economies 
from the end of the summer of 1990, and the effects of 
the Gulf War on certain sectors, give grounds for con­
cern that this adverse trend will continue in the first 
half of 1991. With the employment situation now less favourable, 
long-term unemployment, which persisted even when 
total unemployment was falling, is likely to rise once 
more. 
The slowdown in growth, however, does not seem to 
have had any effect on employment in the second half 
of 1990. In their latest bulletin of economic trends 
brought out in December 1990, Commission depart­
ments even had to revise upwards their estimates of the 
growth of total employment in 1990 ( + 1,6% instead 
of 1,4%). 
1.3.2. After two years of strong growth, this favour­
able trend has meant a change in the pattern of jobs 
on offer, with a reduction in the proportion of non­
standard jobs. However, overall employment estimates 
for 1991 have already had to be revised downwards to 
show a rise of only 0,6 % instead of 0,9 %. 
Finally, we must not forget that these Community 
averages conceal major disparities between the Member 
States. In some Member States unemployment is on the 
increase again, with the employment situation deterior­
ating in several economic sectors. 
The Community must therefore maintain and, if necess­
ary, increase the level of its econmic and social support 
with a view to halting this deterioration. 
1.4. The Committee is aware that migration in the 
Community poses major and acute problems. With this 
in mind, it has just adopted an own-initiative Opinion 
on the status of migrant workers from third countries 
and is currently drawing up a second own-initiative 
Opinion on immigration policy. 
1.4.1. The present Opinion will therefore not deal 
with these issues, even though they have been one of 
the main features of social developments over the last 
year and even though migration policies, accompanied 
by carefully-considered policies of social integration, 
22. 7. 91 Official Journal of the European Communities No C 191/29 
will necessarily have to take into account any associated 
social phenomena. This is particularly true of phenom­
ena such as racism and xenophobia; the causes and 
effects of these phenomena need to be analyzed and 
effective means introduced to combat them. 
This need is all the greater in view of the fact that such 
phenomena, which are not always linked to immi­
gration, will inevitably influence Community citizen­
ship policy owing to their multi-facetted nature and 
complex ramifications. 
1.4.2. In this context, and bearing in mind recent 
events, the Community must act appropriately to deal 
with immigration from third countries. The Committee 
is disappointed that hitherto there has been no follow-
up to its repeated recommendation, contained in par­
ticular in its Opinion on social developments in the 
Community in 1989, that there should be 'a common 
legal framework agreed by the Member States as 
regards immigration and the free movement of third 
country residents throughout the EC, including itiner­
ant peoples irrespective of their citizenship'. It is to be 
hoped that future Economic and Social Committee 
recommendations on migration policies will attract the 
attention of the Community institutions. 
2. Implementation of the Social Charter 
2.1. The general recognition of the need to attach 
equal importance to Europe's social and economic 
dimensions was borne out in late 1989 with the adop­
tion of the Commission's action programme for 
implementing the Community Charter of the funda­
mental social rights of workers. This important step 
may justify a certain degree of optimism in that the 
Community, national authorities and social partners 
will now be able to address problems more speedily. 
This optimism is nevertheless already affected by 
doubts about the action programme and the possibility 
of its implementation within the scheduled time-limit. 
The constructive role played by the Economic and 
Social Committee, particularly during the Charter's 
drafting, is well known and widely recognized. The 
Committee's criticism of the lack of progress should 
therefore be taken into consideration. 
2.2. Procedures and means of action 
2.2.1. Under paragraph 29 of the Community Char­
ter of the fundamental social rights of workers, the 
Commission is called upon to establish 'each year, 
during the last three months, a report on the application 
of the Charter by the Member States and by the Euro­
pean Community'. 
No such report is available yet for the Charter's first 
year of application. It would be extremely helpful if the annual reports were published on time and were 
sufficiently clear to enable the reader to deduce whether 
progress was likely to be made according to plan and 
what the reasons were for any dragging of heels or any 
obstacles encountered in implementing the various parts 
of the action programme. 
2.2.2. In stating that 'the Community Charter of 
Social Rights cannot be put into practice without the 
active participation of the two sides of industry', the 
President of the Commission, Mr Jacques Delors, clear­
ly has in mind, among other things, the deepening of 
social dialogue. 
2.2.2.1. This generally refers to the social dialogue 
normally held between the European Trade Union Con­
federation (ETUC) and the Union of Industries of the 
European Community (UNICE) and European Centre 
of Public Enterprises (CEEP). In the course of 1990 the 
Commission also continued its consultation of sectoral 
interests. 
There is no doubt that the organizations representing 
the social partners reached a consensus or worked out 
a common position on various topics in the course of 
these dialogues. On the other hand, criticism was also 
voiced for a variety of reasons in both camps and in 
some sectors of small and medium-sized enterprises 
(SME), raising the question of whether there was not 
perhaps a case for holding an in-depth discussion on 
(a) the most appropriate forms of dialogue, (b) the 
methods, subject-matter, scope and objectives of social 
dialogue, (c) the powers of negotiating teams at national 
and Community level, (d) the value of and follow-up 
to the consensus reached or decisions taken. 
While in no way seeking to undermine the sharp distinc­
tion which should be drawn between the Committee as 
a Community consultative Institution and the social 
partners in their role of negotiators, the Committee 
should have the right to express its view in the context 
of this discussion. 
2.2.2.2. The social dialogue referred to in point 
2.2.2.1 above is enshrined, inter alia, in Article 118B of 
the Single Act which states that 'the Commission shall 
endeavour to develop the dialogue between manage­
ment and labour at European level which could, if the 
two sides consider it desirable, lead to relations based 
on agreement'. The 'relations based on agreement' 
might also include European-level framework agree­
ments. It will therefore be necessary to go beyond the 
simple dialogue stage and seek to make negotiated 
agreements a key element of efforts to achieve European 
integration. 
It is therefore possible that, in seeking to improve 
economic and social cohesion, the Community may 
No C 191/30 Official Journal of the European Communities 22. 7. 91 
eventually establish a platform for dialogue which not 
only reflects the diversity of national systems but also 
opens the door to common positions and agreements 
on certain major social problems. 
This being so, the regulation of social questions could 
be based on a mixed system, relying partly on directives 
and regulations, and partly on the outcome of social 
dialogue. This would enable the social partners to make 
an increasingly significant contribution to the formu­
lation of social legislation, without infringing the prin­
ciple of their autonomy in negotiations. 
It goes without saying, however, that the approach 
would have to be pragmatic and tie in closely with the 
other Community policies. 
The ESC accordingly recommends that the intergovern­
mental conference should look at the social dialogue as 
an instrument of progress, and examine the most suit­
able role for the Committee in this context. 
In the same context, the Committee calls for a re­
examination of the application of the principle of subsi­
diarity to social issues, whilst not forgetting the 
responsibilities of the Member States and social part­
ners regarding the implementation of social rights, as 
well as the view expressed by the Committee in its 
Opinion on basic Community social rights that the 
instruments and procedures specified in the Treaty are 
the ones to be deployed to (a) ensure that basic social 
rights are protected under the Member States' legal 
systems and (b) facilitate implementation of those social 
measures which are a sine qua non for the internal 
market to operate smoothly. 
2.3. The problem of responsibilities and legal bases 
has a decisive role to play in the implementation of the 
Social Charter. 
In this connection, the Committee would note the three 
main objectives of the Luxembourg Government (cur­
rently holding the Presidency of the Council): 
— to give priority to social dossiers where rapid pro­
gress can be made towards a successful conclusion, 
— to give priority to discussing matters of substance, 
rather than getting involved in endless discussions 
about legal bases, 
— to ensure that these legal basis problems are dis­
cussed by the appropriate bodies, and to give the 
intergovernmental conference an opportunity to 
devote some thought to the matter. The problem of legal bases is obviously directly linked 
to that of powers and this will certainly be examined 
at the intergovernmental conference. 
In this connection, it would be helpful to mention 
the Commission Opinion of 21 October 1990 on the 
proposal for amendement of the Treaty establishing 
the European Economic Community with a view to 
political union (*) which states: 
'As in the case of the Single Act, the question of 
powers must not be seen in general terms but rather 
in terms of selecting the means of action the Com­
munity needs to ensure the balanced development 
of common policies. 
As part of this selective approach, the Commission 
proposes that any increase in the Community's pow­
ers should concentrate on social affairs, major infra­
structure networks and the free movement of per­
sons, all three having a bearing on the optimum 
development of the single market.' 
The Committee regrets that the procedure adopted in 
preparing the conference prevents it from commenting 
on these issues. It nevertheless hopes that the Com­
munity institutions will take account of its repeated 
expressions of concern, particularly in the Opinion on 
basic social rights in the Community. 
2.4. Implementation of the programme in 1990 
2.4.1. The Commission adopted several draft Direc­
tives in 1990, essentially concerning the health and 
safety protection of workers, 'non-standard employ­
ment', worker consultation and information in under­
takings, a form of proof of an employment relationship, 
protection of the elderly, and the improvement of the 
mobility of handicapped workers. 
The proposal for a Directive on legislation applicable 
to workers moving to take up employment in another 
Member State was due out in 1990 but is now likely to 
be adopted by the Commission in the first half of 1991. 
2.4.2. Several programmes have also been presented 
in other areas, namely equal treatment between men 
and women; the improvement of the conditions of 
disabled persons; and the use of Community funds for 
the training of young people, women and the long-term 
unemployed. 
Because there was no legal basis, the Commission has 
not submitted any proposals on the harmonization of 
In the present situation, the Committee can endorse 
this approach. (!) CM.60.90.200 FR.C, page 21. 
22. 7. 91 Official Journal of the European Communities No C 191/31 
social security objectives, or on a minimum income or 
minimum social reintegration income to reduce levels 
of poverty. 
The Committee strongly urges the Commission to 
address these problems and welcomes the proposal 
to introduce in 1991 a recommendation on 'common 
criteria concerning sufficient resources and social assist­
ance in the social protection system', and a communi­
cation on 'the introduction of a minimum income'. 
It also welcomes the Commission's intention, as outli­
ned in its programme for 1991, to put forward ideas 
relating to the maintenance and transferability of sup­
plementary pensions. 
2.4.3. With regard to progress at the Council of 
Ministers, the President of the Commission has on 
various occasions expressed dismay about delays in 
implementing the 'social dimension'. This might be a 
reference, inter alia, to the fact that the Council has 
taken few formal decisions. The Committee shares this 
concern and accordingly welcomes the Luxembourg 
Presidency's statement that it is keen to expedite future 
work and make a 'social Europe' one of its priorities. 
It should, however, be pointed out that the Council has 
started discussing most of the Commission proposals. 
Thus, a common position has been adopted on the 
'asbestos' proposal and on the Directive concerning the 
health and safety at work of temporary workers. The 
Council has also taken a decision on the Community 
action programme in support of the elderly. 
3. Potential factors in strengthening economic and 
social cohesion 
3.1. There is evidently an interaction between the 
economic and social dimension. The harmonious devel­
opment of both within the Community is a precondition 
for the successful establishment of the Single Market. 
Harmonious development is also needed if the constant 
drive to 'achieve progress whilst securing improve­
ments' is to succeed. With regard to implementation of 
the Social Charter, there are a number of factors which 
form as it were a 'connective tissue', holding together 
and strengthening economic and social cohesion. Fac­
tors likely to weaken this cohesion should be identified. 
3.2. First of all there are the Community pro­
grammes for providing direct financial aid to schemes 
in various areas of social policy, as well as back-up 
programmes encouraging experimentation and the 
exchange of information. Such programmes can offer valuable support during the 
implementation of Community legislation at national 
and regional levels, and in all areas where economic 
sectors and individuals can usefully be made more 
aware of social aspects. This requires continuous efforts 
to integrate social aspects in other actions; it also calls 
for a careful evaluation of the impact of the back-up 
measures and the adequate notification of the social 
partners about such measures. 
The implementation of the Directives on occupational 
safety serves as an example. The constraining measures 
adopted in this field, however, are not sufficient in 
themselves to strengthen economic and social cohesion 
despite the obvious social and economic interaction. 
Training and information programmes on all aspects 
of safety, particularly for the many small and medium-
sized businesses in the Community, may be highly ben­
eficial in terms of the overall, long-term strengthening 
of economic and social cohesion. 
3.3. The absence of Community regulations may 
create a certain vacuum between social and economic 
aspects. Thus, the impact of the liberalization of public 
procurement has been reduced by the lack of precise 
Community rules on the application of labour and 
social security legislation in the event of the employ­
ment of teams of workers from a Member State with a 
lower level of social protection than the host Member 
State. 
Similarly, in the interests of greater cohesion, more 
account should be taken of the social dimension in 
implementing the different Community policies. In this 
connection, reference can be made to the social prob­
lems associated with reform of the common agricultural 
policy (CAP) and the implementation of regional policy. 
The Committee welcomes the creation of a special 
Commission unit to evaluate the effects of different 
Commission initiatives on economic and social 
cohesion. The Committee will have an opportunity to 
examine these problems in the own-initiative Opinion 
which it is planning to deliver. 
3.4. The Community's vocational policy is an excel­
lent cement for reinforcing economic and social 
cohesion. 
Among the various incentives taken in the field of 
vocational training, the Committee would draw par­
ticular attention to the outstanding work set in train 
by the Commission's recently created task force on 
human resources, education, training and youth. Based 
on a discussion paper, and taking into account the 
results of a new tripartite consultation procedure in the 
twelve Member States, its work consists of laying down 
No C 191/32 Official Journal of the European Communities 22. 7. 91 
new guidelines for a common vocational training policy 
for the 1990s. 
This new initiative shows clearly that the maximization 
of human potential through appropriate training has 
a vital role to play in the context of international 
competition and in efforts to boost growth and improve 
social conditions. 
The Committee would encourage the Commission in 
this effort to revitalize and streamline vocational train­
ing policy. It calls for measures to ensure that the 
operating procedures of the advisory committee on 
vocational training are tailored to the new require­
ments, thereby enabling this forum for discussions to 
play a decisive role in the proposed procedure. 
3.5. It is true that social policies are very deeply 
rooted in the history and culture of each individual 
Member State. This is a fact, so it is rather unrealistic to 
think that social protection systems can be harmonized 
rapidly. Nevertheless, there is wide consensus among 
the Member States on the need to evolve a strategy on 
the convergence of the political objectives of social 
protection. 
The Committee is aware of the difficulties and com­
plexities of implementing recommendations in this 
field, but would nevertheless draw attention to a num­
ber of major concerns with regard to areas in which a 
decisive contribution could be made to the attainment 
of the desired cohesion. 
3.5.1. The elderly 
The consequences of the invevitable ageing of the Com­
munity population have been analyzed on several 
occasions by the Committee. The latter would neverthe­
less draw attention to the following points: 
The Council decision of 26 November 1990 on Com­
munity action for the elderly is the first Community 
initiative in this area. In its Opinion of 8 July 1990 the 
Committee expressed the hope that the programme 
would be much more ambitious in content and funding. 
The Committee now calls for changes before the end 
of the programme in the light of the progress reports 
and the conclusions of the Committee's own work. In 
the immediate future the Committee calls for rapid 
measures to facilitate the mobility of the elderly in the 
Community. 
The increasing life expectancy of retired people aggra­
vates the problems of financing pension and retirement 
schemes. On average a person who retires today will 
draw his pension for twice as long a somebody in 1950. In most Member States the problem of financing will 
become particularly acute in a few years'time. Even if 
this is primarly an area of national jurisdiction, the 
Community would gain from carrying out studies to 
analyze the solutions adopted in different countries and 
investigate possibilities of convergence. 
Particular attention should also be paid to experiences 
in ensuring that workers over the age of 50 are able to 
adjust more easily to employment requirements. The 
medium and long-term policy should be to reverse the 
tendency to exclude such workers from the labour 
market. In addition to ending age discrimination, it is 
important to create conditions for improving the full-
or part-time employment of the elderly and facilitating 
the transition from working life to retirement. This no 
doubt calls for the development of specially-designed 
continuing training schemes, as well as more systematic 
policies for monitoring the health of workers and 
improving the ergonomics of work stations. 
3.5.2. Child-support measures 
With the exception of Ireland, no country in the Com­
munity has a birth-rate high enough to ensure the 
replacement of the population. Without immigration, 
this will eventually result in a fall in Member States' 
populations. This demographic decline may be deplored 
but the choice of whether or not to have children and, 
if so, how many is a choice taken by parents, regardless 
of the exhortations of the public authorities to have 
children. 
On the other hand, it is important that social and tax 
policies should not penalize parents who have opted to 
have children. In particular, it will be necessary to make 
sure that tax harmonization policies are not detrimental 
family assistance policies. 
The draft Directives on the protection of expectant 
women and on child-care methods—which will be 
examined in 1991—should enable countries which do 
not yet have such provisions to move towards a better 
balance between employment and vocational fulfilment 
on the one hand and child-bearing on the other. 
To be able to put future projects on a solid foundation, 
the Committee considers that it is also necessary for 
the Community to promote comparative studies on the 
different ways of easing the burden of bringing up 
children in Europe. This, however, is a question of 
tremendous complexity, since comparisons cannot be 
limited to measures explicitly aimed at families (family 
allowances, tax deductions, etc.) but must also take into 
account measures which, despite being more general in 
scope, are nevertheless still of benefit to families. This 
will necessitate an analysis of the whole panoply of 
22. 7. 91 Official Journal of the European Communities No C 191/33 
social security schemes as well as tax provisions affect­
ing families. 
3.5.3. The campaign to eliminate poverty 
The Economic and Social Committee has repeatedly 
called for greater efforts to combat poverty. It therefore 
greets with satisfaction the announcement of a draft 
recommendation on common criteria concerning suf­
ficient resources and social assistance in the social pro­
tection system, referred to in point 2.4.2. The Commit­
tee nevertheless regrets that there is no legal basis for 
the adoption of more binding provisions. Here it would 
recall the recommendations contained in its Opinion of 
8 july 1989 on poverty and in its Information Report 
of 15 March 1989, and hopes that incentives will enable 
certain countries to move more rapidly in the direction 
of providing a minimum income. 
4. Conclusion 
4.1. The Committee is interested in the report which 
the Commission will be drawing up on the implemen­
tation of the Social Charter. The report, which is alrea­
dy somewhat overdue, will be all the more interesting 
as it is likely to be based on the results of a survey 
carried out in all the Member States on the basis of a 
Done at Brussels, 29 May 1991. questionnaire. It should therefore contain useful infor­
mation on ways of making progress in the social sphere. 
The Committee would appreciate an opportunity to be 
able to express its views on this report, as was agreed 
by the President of the Commission during the February 
1991 plenary session of the Committee. 
4.2. In the preceding chapters certain problems with 
a strong social component were raised; other problems 
with major social, economic and cultural implications 
are discussed every day in the Committee. In laying 
down guidelines for the future shape of Europe, it is 
important to have an overall, integrated view of these 
problems and be able to correctly evaluate their impact 
on the fundamental objective of creating general pros­
perity for all Community citizens and opposing what­
ever might undermine that goal. Seen from this point 
of view, problems such as unemployment, racism, xeno­
phobia and economic and social discrimination inevi­
tably take on a new dimension. 
In this connection, the Committee would signify its 
great interest in the work of the new unit referred to 
in point 3.3. 
4.3. After the formal announcement of the Charter, 
it is necessary to adopt a more concrete and specific 
approach in order to strengthen the existing foun­
dations on which the central pillars of a social policy 
necessary for the balanced development of the Com­
munity can be built. 
The Chairman 
of the Economic and Social Committee 
Francois STAEDELIN 
No C 191/34 Official Journal of the European Communities 22. 7. 91 
APPENDIX 
to the Opinion of the Economic and Social Committee 
The following amendment, which was supported by at least 25 % of the votes cast, was rejected during the 
debate : 
Paragraph 2.2.2.2 
Delete final sentence 'It will .... integration' and substitute: 
'This should be further explored in continuing discussions to ascertain whether there is a real prospect 
of negotiated agreements at European level becoming a reality.' 
Reasons 
The achievement of European-level framework agreements will necessitate a widespread consensus among 
the representatives of the social partners drawn from all the Member States. Considerable further discussion 
will be required before it becomes clear whether such consensus exists. 
Voting 
For: 33, against: 62, abstentions: 14. 
Opinion on the proposal for a Council Directive concerning minimum requirements for 
improving the safety and health protection of workers in the extractive industries (*) 
(91/C 191/14) 
On 31 January 1991 the Council decided to consult the Economic and Social Committee, 
under Article 118A of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Social, Family, Educational and Cultural Affairs, which was responsible for 
preparing the Committee's work on the subject, adopted its Opinion on 13 May 1991. The 
Rapporteur was Mr Flum. 
At its 287th plenary session (meeting of 29 May 1991), the Economic and Social Committee 
unanimously adopted the following Opinion. 
1. Description of the programme 
1.1. The aim of the draft Directive is to improve the 
level of safety and health protection afforded to workers 
in the extractive industries. Minimum requirements are 
laid down with regard to working methods, the layout 
of the workplace, equipment and the provision of sani­
tary and social facilities. 
1.2. The draft Directive is based on Article 118A of 
the EEC Treaty. It comes within the scope of the 
Commission's communication on the programme con­
cerning safety, hygiene and health at work. 
(*) OJ No C 32, 7. 2. 1991, p. 7. 1.3. The draft Directive is part of the social measures 
intended to accompany the completion of the internal 
market. 
1.4. The draft Directive applies to the extractive 
industries and covers three main areas: 
a) exploration and extraction by means of boreholes 
(e.g. oil, natural gas and brine production); 
b) exploration for and extraction of minerals in surface 
workings (e.g. in the case of the production of 
sand, gravel, ballast, marble, granite, slate, gypsum, 
limestone and lignite); 
c) exploration for and extraction of minerals in under­
ground workings (e.g. in the case of the production 
of coal, lignite, ore, rock-salt, potassium salt, gyp­
sum and slate).