5.

The Commission points out that in its judgment in Deak the Court held that the Belgian allocation d'attente in question constituted a social advantage within the meaning of Article 7(2) of Regulation No 1612/68 which must be accorded to a migrant worker who is a national of a Member State, irrespective of the nationality of his child. As regards the question of the direct effect of the provision included in an agreement concluded by the Community with a non-member country, the Commission recalls the criteria laid down by the Court in its case-law and, in particular and most recently, in its judgment in Demirel. The object of the Agreement is to promote overall cooperation between the Contracting Parties with the view to contributing to the economic and social development of Morocco and helping to strengthen relations between the Parties. Article 51(1) of the Agreement which provides that the Contracting Parties are to take any general or specific measures required to fulfil their obligations under the Agreement merely underlines the binding character of the Agreement without prejudging the question of the direct effect which might come to be attached to certain of its provisions. Such direct effect must be accorded to Article 40 of the Agreement which prohibits all discrimination as regards working conditions or remuneration. These are sufficiently precise concepts and no further measure is required for the application, in regard to them, of the principle of non-discrimination. The concepts of working conditions and remuneration does not include however the allocation d'attente at issue in the main proceedings. Article 40 cannot be construed as covering social advantages within the meaning of Article 7(2) of Regulation No 1612/68, a provision which applies only to Community nationals. Even if the Agreement mentions social advantages, that concept would not have the same scope as that accorded to it in Regulation No 1612/68 in view of the particular purposes of the EEC Treaty in the matter of freedom of movement. Finally, Article 40 refers exclusively to workers and not to the members of their families. The allocation d'attente does however constitute a social security benefit within the meaning of Article 41(1) of the Agreement which, unlike Article 40, expressly mentions the members of the family. These provisions may not however be regarded as having direct effect. The application of the principles laid down in Article 41 is made subject, by virtue of Article 42, to action on the part of the Cooperation Council. The Community's delegation within the Cooperation Council has been unable to obtain the agreement of Morocco for the purpose of adopting implementing decisions. The Commission therefore proposes that the question should be answered as follows: ‘The provisions of Article 41 of the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco signed at Rabat on 27 April 1976 and concluded on behalf of the European Economic Community by Council Regulation No 2211/78 of 26 September 1978 do not constitute rules of Community law which are directly applicable in the internal legal orders of the Member States.’