No C 105/4 Official Journal of the European Communities 21. 4. 87 
Opinion on the proposal for a Council Regulation (EEC) amending Regulation (EEC) 
No 950/68 on the Common Customs Tariff and Regulation (EEC) No 918/83 setting up 
a Community System of Reliefs from Customs Duty (!) 
(87/C 105/02) 
On 30 September 1986 the Council decided to ask the Economic and Social Committee to deliver an 
Opinion, in accordance with Article 198 of the EEC Treaty, on the abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the 
Committee's work on the matter, adopted its Opinion on 4 February 1987. The Rapporteur was 
Mr Broicher. 
At its 244th Plenary Session (meeting of 25 February 1987) the Committee unanimously adopted 
the following Opinion: 
1. General Comments 
The Committee approves the Commission proposal, 
particularly with the People's Europe in mind. It welcomes 
in particular: 
— the increase from 45 ECU to 100 ECU in the maximum 
value of goods which can be carried duty-free to meet 
travellers' personal needs; 
— the alignment of the provision on the flat-rate ad 
valorem duty charged on goods contained in small 
consignments, with the provision on duties charged on 
goods used to meet travellers' personal needs; this 
means that in future the flat-rate duty on goods 
contained in small consignments will also be applicable 
(!) OJ No C 254, 11. 10. 1986, p. 7. solely to that fraction of the value exceeding the amount 
admitted duty-free; 
the increase from 115 ECU to 200 ECU of the maximum 
value of goods to which a flat-rate ad valorem duty is 
applicable, irrespective of whether the goods are 
contained in small consignments or travellers' personal 
luggage. 
2. Specific Comments 
2.1. The Committee notes that the new duty-free limits 
and maximum values are fixed without any provision 
stipulating the criteria to be used to calculate the value of 
the goods in question. The rules in this area are not clear to 
the ordinary citizen and also appear to be applied in an 
arbitrary way in some countries. They should be available 
to citizens at border posts and at post offices. 
Done at Brussels, 25 February 1987. 
The Chairman 
of the Economic and Social Committee 
Alfons MARGOT 
Opinion on the proposal for a Council Directive amending for the Second Time Council 
Directive 83/416/EEC Concerning the Authorization of Scheduled Interregional Air Services 
for the Transport of Passengers, Mail and Cargo between Member States {}) 
(87/C 105/03) 
On 29 September 1986 the Council decided to consult the Economic and Social Committee, under 
Article 198 of the Treaty establishing the European Economic Community, on the abovementioned 
proposal. 
The Section for Transport and Communications, which was responsible for preparing the 
Committee's work on the subject, adopted its Opinion on 11 February 1987, in the light of the 
Report by Mr Kenna, and of the Supplementary Opinion produced by the Section for Regional 
Development. 
(i) OJ No C 240, 24. 9. 1986, p. 7. 
21. 4. 87 Official Journal of the European Communities No C 105/5 
At its 244th Plenary Session (meeting of 25 February 1987) the Economic and Social Committee 
adopted the following Opinion with no votes against and two abstentions. 
1. Introduction 
1.1. The Committee notes that the proposed directive 
amends Directive 83/416/EEC adopted by the Council in 
1983 and applied on 1 October 1984 (*) lation is not being proposed by the Commission nor is it 
advocated by the Committee, as already clearly stated in its 
Opinion on the 2nd Memorandum. 
1.2. A summary of the new proposal which relaxes the 
present rules is given in the Report of the Section for 
Transport and Communications. 
1.3. The Committee is concerned that its Opinion 
should be taken into account by the Council before taking a 
decision on the Commission's proposal. The Committee 
notes with concern the fact that the Council, in the 2nd 
semester of 1986, has extracted elements from this proposal 
namely capacity on routes between category 2 and category 
1 airports in the context of the Council's deliberations on 
the Second Memorandum and the High Level Working 
Group's Report on scheduled air transport services on 
major routes. The Committee stresses that the new 
proposals on inter-regional air services should be con­
sidered by the Council in their entirety subject to the views 
of the Committee. 
2. General Comments 
2.1. This new proposal must be considered in the light of 
the Committee's basic approach in its Opinion on the first 
Directive of 29 October 1981 (2) and of the Opinion on the 
Commission's Second Memorandum of September 
1985 (3). In its Opinion on the first Directive on inter­
regional air services in October 1981 the Committee 
generally approved the objectives of the Commission. In 
the case of the new proposal the Committee also approves 
the objectives of expanding inter-regional air services as 
part of the network of air transport through the 
Community with specific emphasis on the benefits to be 
derived for the development of industry and employment in 
the regions of the Community. The Committee also sees the 
new proposal in the context of the objectives of completion 
of the internal market as envisaged in the Single European 
Act. In accordance with earlier Opinions in air transport 
policy as a whole, the Committee stresses that the aim 
should be to provide a framework for the expansion of 
inter-regional air transport services based on sound 
economic principles and at the same time enhancing the 
viability of the European air transport as a whole. At the 
same time the Committee reiterates that US-style deregu-
(i) OJ No L 237, 26. 8. 1983, p. 19. 
(2) OJ No C 343, 31. 12. 1981, p. 13. 
(3) OJ No C 303, 25. 11. 1985, p. 31. 3. Economic and regional aspects arising from the 
proposal 
3.1. The availability of an efficient transport system 
whether by air or other modes is of critical importance to 
achieve the objectives of improving access from regional 
areas of the Community to the central more affluent 
economic areas and in linking regions with each other. This 
is true for the movement of goods in trade, the expansion of 
tourism and the mobility of people. It follows that 
improved access by air from and between regions in the 
context of the Commission new proposal is crucial to 
achieving: 
— the objectives of economic convergence, 
— the elimination of the economic disadvantages of the 
regional areas, 
— the development of much needed new employment in 
manufacturing and service industries especially in the 
areas of high unemployment such as depressed and 
peripheral regions, 
— the creation, in appropriate conditions, of new jobs in 
inter-regional air transport services; however, this 
should as far as possible not be at the expense of jobs 
elsewhere, 
— the raising of living standards in the less well off areas of 
the Community, 
— the expansion of trade in a single European market of 
320 million people, 
— the expansion of service industries such as tourism and 
greater mobility of people. 
3.2. The Committee not least in past Opinions on the 
Annual Reports from the Commission on the European 
Regional Development Fund, has consistently advocated 
help with the economic expansion of the regions and the 
convergence of economic development levels. It would be 
contradictory to support policies which attempt to redress 
the imbalances through aid mechanisms while maintaining 
others which reduce market access from the regions to the 
more densely populated markets. It is in this context that, 
together with the interests of the air transport industry as a 
whole, the Committee supports the objectives set out in the 
No C 105/6 Official Journal of the European Communities 21. 4. 87 
proposed amendment to the present Directive while 
recommending the following specific comments be duly 
noted. 
4. Specific comments 
4.1. Air safety 
The Committee notes and fully supports the objective of 
ensuring that air safety standards are not only maintained 
but improved in any expansion of air services transport 
whether domestic inter-regional or trunk services. This 
assumes that the airlines concerned are economically 
viable, and that they fulfil the required standards of social 
responsibility. In this respect the Committee calls on the 
Commission to add to the second paragraph of the new 
draft Article 9 a more exact definition of the circumstances 
in which the withdrawal or refusal of a licence may be 
justified. 
4.2. Seat Capacity 
The Committee recalls that in its Opinion of October 1981 
it recommended that no limit on seating capacity should be 
imposed. As regards the Commission's proposal to 
maintain a limit, the Committee believes that aircraft 
capacity must take account on the one hand of real traffic 
demand and on the other of the need to avoid undue 
disruption of existing major trunk routes. 
4.3. Social aspects 
While advocating the expansion of a healthy air transport 
and aeronautical industry leading to the creation of 
employment, the Committee is concerned to ensure that 
within the framework of the overall objectives of the 
proposal, and transport policy as a whole, the interests of 
workers in the air transport sector are given due weight in 
the development of the inter-regional air services. 
4.4. Airport categories 
The Committee notes and approves the Commission's 
Proposal to extend the present Directive to regional air 
Done at Brussels, 25 February 1987. transport involving an airport of category 1. The 
Committee has some reservations, however, concerning the 
merging of categories 2 and 3. 
4.5. Multiple designation — Fifth Freedom Rights 
4.5.1. The Committee notes that the Commission 
proposes to replace paragraph 1(c) and also paragraph 2 of 
Article 6 of Directive 83/416/EEC. This article would then 
read as follows: 
'Article 6 
1. A State affected shall authorize an inter-regional air 
service unless one or more of the following grounds 
preclude such authorization, and provided that these do 
not discriminate against inter-regional air services: 
a) the airport affected in that State has insufficient 
facilities to accommodate the service; 
b) navigational aids in that State are inadequate to 
accommodate the service; 
c) the proposed tariffs do not meet the requirements of 
Article 7. 
2. A State affected may impose as a condition of 
authorization that the applicant Community air carrier 
shall undertake to operate the service in question for twelve 
months or for two seasons in the case of a purely seasonal 
service.' 
4.5.2. The Committee would prefer to maintain the 
general approach followed by the existing Directive for 
Article 6, paragraph 1(c), subject to some re-drafting. This 
would aim at providing a clearer definition of the word 
'satisfactorily' in the existing Article. To this end the new 
draft should make clear that 'the traffic covered by the air 
service applied for' must take account of the needs of users 
and operators in terms of frequency, choice, quantity and 
quality of the services provided. 
4.5.3. The Committee agrees with the principle of the 
amended Article 4 which introduces limited Fifth Freedom 
Rights. However, the Committee believes that this Article 
should be applied subject to the principles suggested above 
by the Committee in the revised paragraph 1 (c) of Article 6. 
The Chairman 
of the Economic and Social Committee 
Alfons MARGOT