23. 8. 76 Official  Journal  of the  European  Communities No C 197/13 
Opinion  on the  proposal  for  a Council  Directive  on the  approximation  of the  laws 
of the  Member  States  relating  to check-weighing  and  grading  machines 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of  the 
European  Communities  No  C 54 of 8 March  1976,  page  44. 
A. I I GAL  BASIS  FOR  THE  OPINION 
On 14 January  1976,  the Council  referred  die abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  100  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 
139th  plenary  session,  held  in Brussels  on 25 and  26 May  1976. 
The full  text  of the  opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  referral  on 14 January  1976  by 
the Council  of the  European  Communities, 
Having  regard  to Article  100  of the Treaty, 
Having  regard  to the  decision  taken  by its Bureau  on 
27 January  1976,  instructing  the  Section  for Industry, 
Commerce,  Crafts  and  Services  to draw  up  an 
opinion  and  a report  on the matter, 
Having  regard  to the  opinion  issued  by the  Section 
for Industry,  Commerce,  Crafts  and  Services  at its 
meeting  on 5 May  1976, 
Having  regard  to  the  report  submitted  by  the 
Rapporteur,  Mr  Clark, 
Having  regard  to the  discussions  at its 139th  plenary 
session  held  on 25 and  26 May  1976  (meeting  of 25 
May  1976), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
The Committee  approves  the  Commission's 
proposal  but  wishes  to  make  the  following 
comments: 
1. The  proposal  forms  part  of the  programme 
made  in virtue  of the  Council  Directive  of 26 July 1971  for  approximating  Member  States'  laws  on 
measuring  instruments  and  metrological  control.  It 
related  to  check-weighing  and  grading  machines 
which  divide  up  articles  into  several  sub-groups 
according  to the respective  weights  of the articles. 
2. The  Committee  agrees  that  there  is a need  for 
approximation  in this  field.  The  market  for  these 
machines  in the  Community  is large  and  they  play 
an important  part  in  consumer  protection.  The 
Committee  accepts  that  the  present  variations  in the 
laws  of the  Member  States  constitute  serious  barriers 
to intra-Community  trade  in these  machines. 
3. The  Committee  is disappointed  that,  once 
again,  the  Commission  feels  it necessary  to propose 
optional  rather  than  total  approximation.  Whilst 
accepting  that  optional  approximation  may 
constitute  a useful  step  forward  in the  removal  of 
trade  barriers,  the Committee  suggests  that,  wherever 
possible  the  decision  to  implement  optional 
approximation  should  be  accompanied  by  a firm 
commitment  to proceed  to total  approximation  with 
the minimum  of delay.  Adequate  time  should,  of 
course,  be  allowed  to enable  manufacturers  and 
users  to adapt  to the  harmonized  standards  and,  as a 
general  rule  they  should  be  applied  only  to new 
equipment.  The  Committee  hopes  that  the 
governments  of the  Member  States  will  support  total 
approximation  on this  basis. 
No C 197/14 Official  Journal  of the European  Communities 23. 8. 76 
4. The  Committee  generally  favours  the 
establishment  of  technical  standards  for 
approximation  within  the  Community  on the  basis 
of those  agreed  by international  bodies  such  as the 
International  Organization  of Legal  Metrology.  It 
understands  that  IOLM  has  not  yet  produced 
standards  for check-weighing  and  grading  equipment 
but it urges  the  Commission  to take  part  in any 
work  which  IOLM  may  put  in hand  and  to be 
prepared  if necessary  to make  suitable  amendments 
to its proposal. 
5. The  Committee  draws  attention  to a number  of 
observations  in the  Section's  report  relating  to technical  matters  covered  in the  Annex  to the 
proposal.  It requests  the  Commission  to re-examine 
them  in consultation  with  representatives  of the 
constructors  of check-weighers  and  graders. 
Done  at Brussels,  25 May  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for  a Council  Regulation  on the  repayment  or remission  of 
import  duties  or export  duties 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 54 of 8 March  1976,  page  85. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 21  January  1976,  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 
139th  plenary  session,  held  in Brussels  on 25 and  26 May  1976. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  Article  198  of  the  Treaty 
establishing  the European  Economic  Community, 
Having  regard  to the request  for an opinion  made  by 
the Council  of the  European  Communities  on 21 
January  1976, 
Having  regard  to the decision  taken  by its Bureau  on 
27 January  1976  instructing  the Section  for Industry, 
Commerce,  Crafts  and  Services  to draw  up  an 
opinion  and  a report  on the matter, 
Having  regard  to the  opinion  issued  by the  Section 
for Industry,  Commerce,  Crafts  and  Services  at its 
meeting  on 5 May  1976, Having  regard  to the  oral  report  made  by  the 
Rapporteur,  Mr  Marvier, 
Having  regard  to the discussions  at its 139th  plenary 
session,  held  on 25 and  26 May  1976  (meeting  of 25 
May  1976), 
HAS  DELIVERED  THE  FOLLOWING  OPINION 
unanimously: 
The Committee  approves  the proposal,  subject  to the 
comments  set out  below.