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: 
16. 2. 76 Official  Journal  of the  European  Communities No C 35/41 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request  for an opinion  made  by 
the Council  on 16 October  1975, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  75 thereof, 
Having  regard  to  Council  Regulation  (EEC)  No 
1174/68  of 30 July  1968  on the  introduction  of a 
system  of bracket  tariffs  for the  carriage  of goods  by 
road  between  Member  States  ('), as amended  by 
Council  Regulations  (EEC)  No  2826/72  (2) and 
(EEC)  No  3255/74  (3), 
Having  regard  to its opinion  of 30 May  1974  (4) on 
the amendment  of this  Regulation, 
Having  regard  to the  decision  taken  by its Bureau  on 
28 October  1975,  instructing  the  Section  for 
Transport  and  Communications  to  draw  up  an 
opinion  on the new  proposal, 
Having  regard  to  the  oral  report  made  by  the 
Rapporteur,  Mr Heimes, 
Having  regard  to the  opinion  issued  by the  Section 
for Transport  and  Communications  at its  100th 
meeting,  held  on 12 November  1975, 
Done  at Brussels,  27 November  1975. Having  regard  to Articles  29,  46 and  47 of its Rules 
of Procedure, 
Having  regard  to the  discussions  at its 135th  plenary 
session,  held  on 26 and  27 November  1975  (meeting 
of 27 November), 
Whereas  Council  Regulation  (EEC)  No  1174/68  of 
30 July  1968,  as amended  by Regulation  (EEC)  No 
3255/74  of  28  December  1974,  expires  on  31 
December  1975;  whereas  a Council  Decision  on the 
system  of rates  that  is to replace  the  bracket  tariff 
system  has  not  yet  been  adopted  and  is not  likely 
to be adopted  before  the  end  of 1975, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a majority  vote,  with  three  abstentions: 
1. The  Committee  endorses  the  Commission's 
proposal  that  the  bracket  tariff  system  be extended 
beyond  31 December  1975. 
2. The  Committee  would,  however,  point  out  that 
its opinion  of 30 May  1974  recommended  a two-year 
extension.  The  opinion  argued  that  a number  of 
Member  States  were  not  in a position  to accept  a 
degree  of liberalization,  partly  because  not  enough 
progress  had  been  made  towards  aligning  terms  of 
competition,  and  partly  because  existing  rules  were 
not being  applied  strictly  enough  owing  to the  lack 
of adequate  checks. 
The Chairman 
of the  Economic  and  Social  Committee 
Henri  CANONGE 
(!) OJ No  L 194,  6. 8. 1968,  p. 1. 
(2) OJ  No  L 298,  31. 12. 1972,  p. 12. 
(:i) OJ  No  L 348,  28. 12. 1974,  p. 3. 
(4) OJ  No  C 109,  19. 9. 1974,  p. 48. 
ANNEX 
to the  opinion  of the  Economic  and  Social  Committee 
The following  amendment  was  rejected  during  the  discussion: 
Replace  the  recitals  by the  following  text: 
— 'Whereas  the  present  proposal  is for  a third  extension  of Council  Regulation  (EEC) 
No 1174/68  of 30 July  1968,  which  was  initially  due  to expire  on 31 December  1972; 
No C 35/42 Official  Journal  of the  European  Communities 16. 2. 76 
— Whereas  the  present  system  of compulsory  bilateral  tariffs  has  failed  to bring  about 
the expected  harmonization;  and  whereas  the  system  is applied  in only  six  Member 
States;  and  whereas  the  resulting  de jure  and  de facta  situation,  which  has  been  in 
existence  now  for  nearly  three  years  should  be brought  to an end  as soon  as possible; 
— Whereas  the  Economic  and  Social  Committee  was  also  asked  on 21 October  1975  to 
deliver  an opinion  on a proposal  for  a Council  Regulation  for  a system  of reference 
tariffs  for  the  carriage  of goods  by road  between  Member  States  (COM  (75)  490  final, 
Part 7 of 1  October  1975);  whereas  the  Council  will  therefore  be able  to reach  a 
decision  in the  course  of 1976  on the  tariff  system  that  is to replace  the  compulsory 
system  of bilateral  bracket  tariffs'. 
Replace  the  body  of the  opinion  by the  following  text: 
'1. The  Committee  endorses  the  Commission's  proposal  that  the  bracket  tariff  system 
be extended  for  one  more  year,  that  is to say  up to 31 December  1976. 
2. It  considers,  however,  that  this  third  extension  must  be the  last  one  in view  of the 
fact that  a proposal  has  been  made  for  a system  of reference  tariffs.'. 
Reasons 
It was  originally  intended  that  the  compulsory  system  of bilateral  bracket  tariffs  should  expire 
on 31 December  1972. 
This  system  was  subsequently  extended  for  two  successive  periods  of two  years  and  one  year 
respectively.  The  first  extension  was  made  because  it was  felt  that  not  enough  experience  had 
been  acquired  with  the  system  of bracket  tariffs,  the second  because  the  system  of rates  which 
was to take  over  had  not  been  worked  out.  The  Commission  has  now  been  able  to work  out 
this new  system  and  submitted  a proposal  for  a Regulation  on reference  tariffs  (Doc.  COM(75) 
490 final)  to the Council  on 1 October.  The  Council  must  now  examine  this  proposal. 
It will  thus  be possible  to implement  a new  tariff  system  in the  nine  Member  States  by 
1 January  1977. 
Voting: 
For: 17;  against:  21;  abstentions:  10. 
Opinion  on  the  proposal  for  a Council  Directive  on  reciprocal  recognition  of 
navigability  licences  for  inland  waterway  vessels 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 265  of 19 November  1975,  page  6. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 29 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. 
The full  text  of the  opinion  is as follows: