No C 35/38 Official  Journal  of the  European  Communities 16. 2. 76 
ANNEX 
to the  opinion  of the  Economic  and  Social  Committee 
The following  passages  in the  opinion  of the  Section  for  Social  Questions  were  amended  at the 
plenary  session: 
Page  3, Item  7 
The Section  is pleased  that  the  Commission  has  provided  for  consultation  of the  two  sides  of 
industry  in Article  2, and  asks  the  Commission  to attach  greater  importance  to such 
consultations  the  higher  the  level  at which  they  were  conducted. 
Page  3, Item  9 
When  the  Social  Fund  is reviewed,  the  composition  of the  Social  Fund  Committee  should  be 
altered  and  arrangements  should  be  made  for  cooperation  between  that  Committee,  the 
Standing  Committee  on Employment  and  the  bodies  through  which  management  and  labour 
in individual  industries  are  consulted. 
Opinion  on the  proposal  for  a Council  Regulation  amending  Regulations  (EEC)  No 
1408/71  and  (EEC)  No 574/72  on the application  of social  security  schemes  to employed 
persons  and  their  families  moving  within  the  Community 
The text  referred  to the  Committee  was  published  in Official  Journal  of the  European 
Communities  No  C 226  of 3 October  1975,  page  2. 
On 25  September  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. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
135th  plenary  session,  held  in Brussels  on 26 and  27 November  1975. 
The full  text  of the  opinion  is as follows: A. LEGAL  BASIS  FOR  THE  OPINION 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  198  thereof, THE  ECONOMIC  AND  SOCIAL  COMMITTEE, Having  regard  to the decision  taken  by its Bureau  on 
28 October  1975,  instructing  the  Section  for  Social 
Questions  to draw  up  an  opinion  on  the  above 
matter, 
Having  regard  to the request  for an opinion  made  by 
the Council  on 25 September  1975, Having  regard  to the  opinion  issued  by the  Section 
for Social  Questions  at its meeting  on 13 November 
1975, 
16.2.76 Official  Journal  of the  European  Communities No C 35/39 
Having  regard  to  the  report  submitted  by  the 
Rapporteur,  Mr Purpura, Ireland  and  the  United  Kingdom  to be taken  into 
account  and  transferred  when  calculating  old-age 
and widows'  pensions. 
Having  regard  to the  discussions  at its 135th  plenary 
session,  held  on 26 and  27 November  1975  (meeting 
of 27 November), 
Whereas  the  Economic  and  Social  Committee  has 
already  delivered  opinions  on Regulations  (EEC)  No 
1408/71  of 14 June  1971  and  (EEC)  No  574/72  of 21 
March  1972  respectively,  on the  application  of social 
security  schemes  to employed  persons  and  their 
families  moving  within  the  Community,  and  on 
Regulations  (EEC)  No  1392/74  of 4 June  1974  and 
(EEC)  No  2639/74  of 15  October  1974,  which 
amended  provisions  of  the  1971  and  1972 
regulations; 
Whereas  the  Committee  has  called  for  better  social 
security  and  social  assistance  cover  for  migrant 
workers  and  their  families  in opinions  such  as its 
unanimously  adopted  opinion  of 30 October  1975 
on the  Action  Programme  on Migrant  Workers  and 
their  families; 
Whereas  Community  rules  must  be  constantly 
amended  in  the  light  of:  (a)  changing  national 
legislation  on social  security;  (b) experience  acquired 
through  the  practical  application  of the  relevant 
Council  Regulations;  (c) decisions  made  by Member 
States  as to which  social  security  authorities,  agencies 
or institutions  are  competent  to  apply  the  said 
Regulations, 2. According  to the  present  Belgium  section  of the 
table  for  Luxembourg  (Regulation  (EEC)  No  1408/ 
71, Annex  IV,  point  2,  first  indent)  there  is 
'concordance'  between:  (a)  Luxembourg  invalidity 
schemes  for  clerical  and  manual  workers;  (b)  the 
partial  general  invalidity  arrangements  of the  Belgian 
miners'  scheme.  The  Commission  is proposing  that 
the word  'concordance'  should  be replaced  by 'no 
concordance'.  The  Committee  would  point  out, 
however,  that  in its opinion  of 28 March  1974  on 
the proposal  for  a Regulation  amending  Council 
Regulations  (EEC)  No  1408/71  and  (EEC)  No  574/ 
72 and,  more  recently,  in item  8.2.5.8  of its opinion 
of 30  October  1975  on  the  Action  Programme  in 
favour  of Migrant  Workers  and  their  Families,  it 
stressed  the  need  'to  align  social  security  law  at 
national  level,  at  least  in  respect  of  invalidity 
evaluation,  as part  of the  overall  approximation 
provided  for in Article  118  of the Treaty'. 
3. The  Committee  approves  the  proposed 
amplification  of  'Annex  V —  point  I, United 
Kingdom'.  In particular,  the  Committee  stresses  the 
need  for  the  attendance  allowance  granted  to the 
seriously  handicapped  in the  UK  to be counted  as an 
invalidity  pension  in the  other  Member  States  for  the 
purposes  of entitlement  to attendance  allowance  and 
sickness  benefit.  This  will  make  it possible  to 
overcome  the  difficulties  which  could  arise,  as 
Community  rules  stand  at present,  with  respect  to 
payment  of these  benefits  to persons  who  are  entitled 
to them  and  who  reside  in other  Member  States. 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: As regards  calculation  of the  earnings  factor,  the 
Committee  agrees  with  the  Commission  that  it is 
necessary  to define  criteria  which  apply  both  in the 
United  Kingdom  and  in the other  Member  States. 
The Committee  approves  the  proposal  and  would 
make  the  following  comments: 
I. The  Commission  rightly  proposes  that  point  30 
of Annex  II 'Ireland  — United  Kingdom,  Parts  A 
and B' of Regulation  (EEC)  No  1408/71  should  be 
amended  to read  'Article  8 of the  Agreement  of 14 
September  1971  on social  security'.  This  will  remedy 
a deficiency  in the  relevant  law  and  allow  the  credit 
sickness-insurance  contributions  of  workers  from The system  is somewhat  complicated  and  difficult  to 
understand  and  apply.  The  Committee  therefore 
suggests  that  the  Commission  should  provide 
interested  workers  and  the  bodies  having  to apply 
the system  with  all the  explanations,  comments  and 
examples  that  are  needed  in order  to ensure  precise 
and effective  application  of the  rules,  and  thus  afford 
workers  proper  social  security  coverage. 
No C 35/40 Official  Journal  of the  European  Communities 16. 2. 76 
Regulation;  these  provisions  reflect  the  current 
position. 
5. The  Committee  agrees  that  Annex  5 to 
Regulation  (EEC)  No  574/72  should  make  reference 
to the  agreements  recently  concluded  between 
Belgium  and  Italy  and  Belgium  and  the Netherlands. 
6. To  set  the  seal  on  these  comments,  the 
Committee  would  point  out  that  in its  recent 
opinion  on  the  Action  Programme  in favour  of 
Migrant  Workers  and  their  Families,  it called  — 
under  the  heading  'Transcending  National 
Boundaries'  — for  'the  straight-forward,  rational 
elimination  of the  remaining  discriminations  in the 
field  of social  security'  on the  basis  of a 'broader 
and more  advanced  concept  of 'the  Community 
territory' 
The Chairman 
of the  Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for a Council  Regulation  amending  Council  Regulation  (EEC) 
No 3255/74  extending  and  amending  Council  Regulation  (EEC)  No  1174/68  on the 
introduction  of a system  of bracket  tariffs  for the carriage  of goods  by road  between 
Member  States 
The text  referred  to the  Committee  has  not  yet  been  published  in the Official  Journal 
of the Ejiropean  Communities. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 16  October  1975,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Article  75 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 
135th  plenary  session,  held  in Brussels  on 26 and  27 November  1975. 4. The  Committee  approves  the  proposed 
amendments  to Article  12 of Regulation  (EEC)  No 
574/72  of 21 March  1972.  The  proposed  amended 
version  of Article  12,  entitled  'special  provisions 
concerning  insurance  under  the  German  social 
security  scheme',  deals  with  the  determination  of 
'the social  security  institution  with  which  a worker 
is registerd  if, pursuant  to certain  provisions  of 
Regulation  (EEC)  No  1408/71,  he  is subject  to 
German  legislation  while  being  employed  in the 
territory  of another  Member  State  or while  working 
for an  undertaking  whose  registered  place  of 
business  is situated  in the  territory  of another 
Member  State'.  The  Committee  also  approves  the 
proposed  provisions  allocating  duties  among  the 
various  national  authorities,  institutions  and  bodies 
which  are  responsible  for  implementing  the 
Done  at Brussels,  27 November  1975. 
The full  text  of the  opinion  is as follows: