No C 100/10 Official  Journal  of the  European  Communities 22.11.  73 
In case  the Council  of Ministers  does  not  decide  to carry  out  a more  detailed  study  of the 
future  system  of capacity  regulations  for road  haulage  as recommended  above,  the Committee 
submits  the following  specific  comments  concerning  the Commission's  proposal. 
Result  of the voting 
In favour:  35, against:  41, abstentions:  10. 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on a proposal  for  a Council  Directive  on the  approximation  of the  laws  of the  Member 
States  relating  to the type-approval  of mopeds 
A. REQUEST  FOR  AN  OPINION 
At its 226th  meeting  held  on 5 and  6 February  1973,  the Council  decided,  in accordance 
with  the provisions  of Article  100  (2) of the  Treaty  establishing  the  European  Economic 
Community  to consult  the  Economic  and  Social  Committee  on the  above  proposal  for a 
Directive. 
The request  for  an Opinion  was  sent  by the  President  of the  Council  to the  Chairman 
of the  Economic  and  Social  Committee  on 6 February  1973. 
B. TEXT  WHICH  WAS  THE  SUBJECT  OF  THE  CONSULTATION 
The text  which  was  the  subject  of the  consultation  has  not  yet  been  published  in the 
Official  Journal  of the European  Communities. 
C. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
At its 112th  Plenary  Session  held  in Brussels  on 26 and  27 June  1973,  the  Committee 
adopted  its Opinion  on the  text  referred  to above  by a unanimous  vote  of all the 
members  present  or represented. 
The text  of the  Opinion  is as follows: 
fHE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  request  made  by the  President 
of the  Council  of the  European  Community  on 
6 February  1973  for  an Opinion  on the  'Proposal  for 
a Council  Directive  on  the  approximation  of the 
laws  of the  Member  States  relating  to the  type 
approval  of mopeds'; 
Having  regard  to  Article  100  of  the  Treaty 
establishing  the EEC; 
Having  regard  to the  Decision  of its  Bureau  on 
23 March  1973  instructing  the  Section  for  Industry, Commerce,  Crafts  and  Services  to  prepare  an 
Opinion  and  a report  on the  matter; 
Having  regard  to  the  general  programme  'to 
eliminate  technical  barriers  to trade,  resulting  from 
disparities  between  the  laws,  regulations  and 
administrative  provisions  of  the  Member  States', 
adopted  on 28 May  1969; 
Having  regard  to  the  Opinion  delivered  by  the 
Section  for  Industry,  Commerce,  Crafts  and  Services 
at its meeting  on 13 June  1973; 
Having  regard  to  the  report  presented  by  Mr 
Masprone; 
22. 11. 73 Official  Journal  of the  European  Communities No C 100/11 
Having  regard  to its discussions  at the 112th  Plenary 
Session  on 26 and  27 June  1973,  sitting  of 26 June, 
HAS  ADOPTED  THE  FOLLOWING  OPINION: 
The Economic  and  Social  Committee  approves  the 
proposed  Directive  subject  to  the  following 
comments: 
1. General  comments 
1.1 The  Committee  notes  first  and  foremost  that 
the proposed  Directive  falls  under  the third  phase  of 
the programme  of  28  May  1969  to  eliminate 
technical  barriers  to trade  in industrial  products,  a 
phase  which  provides  for  the  presenting  of 
proposals  for  Directives  to the  Council  by 1 July 
1970,  the  relative  Council  Decisions  having  to be 
taken  before  1 January  1971.  In it the  problems 
posed  by  the  approximation  of technical  barrier 
laws,  the  Committee  analysed  the  causes  of the 
delay  in  the  implementation  of  the  general 
programme.  The  Committee  endorses  this  analysis 
and calls  on Community  institutions  in future  to 
abide  by the  time  limits  that  they  themselves  have 
fixed. 
1.2. The  Committee  also  notes  that  the  proposed 
Directive  opts  for  'optional'  harmonization  under 
which  undertakings  .whose  business  is limited  to the 
national  markets  can  continue  producing  on  the 
basis  of the  provisions  in force  in the Member  State 
in which  they  operate.  While  acknowledging  the 
advantages  that  such  a  solution  brings  to 
undertakings,  especially  to small  undertakings,  the 
Done  at Brussels,  27 June  1973. Committee  points  out  that  it has  frequently  come 
out in favour  of 'total'  harmonization. 
The Committee  can,  therefore,  only  accept  the 
'optional'  harmonization  solution  on a provisional 
basis  and  makes  its approval  conditional  on fixing  a 
deadline,  which  should  be as near  as possible  while 
still compatible  with  producer  interests,  after  which 
laws  should  be 'totally'  harmonized. 
1.3. Specific  Directives  should  supplement  the 
proposed  Directive  as  soon  as  possible.  Such 
Directives  should  concern  first  and  foremost  safety 
devices  (braking),  audible  warning  devices, 
atmospheric  pollution  and  exhaust  systems. 
The Commission  should  also  propose  an analogous 
and coherent  harmonization  of the  administrative 
provisions  in force  in the Member  States. 
2. Specific  comments 
Article  1 
The Committee  requests  that  the  authorized 
maximum  weight  for  mopeds  with  three  wheels  be 
raised  to 300  kg. 
Article  8 
The procedure  mentioned  in Article  8 should  be 
made  clearer;  in particular,  it should  be stated  how 
many  cases  of failure  to conform  there  should  be 
before  a Member  State  has  to take  the  necessary 
measures  to ensure  that  production  models  conform 
to the approved  type. 
The Chairman  of 
the Economic  and  Social  Committee 
Alfons  LAPPAS 
CONSULTATION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
on a proposal  for a Council  Directive  on the harmonization  of the laws  of the Member 
States  relating  to collective  dismissals 
A. REQUEST  FOR  AN  OPINION 
At its 214th  meeting  held  on 9 November  1972,  the Council  decided,  in accordance  with 
the provisions  of Article  100  (2) of the  Treaty  establishing  the  European  Economic 
Community,  to consult  the  Economic  and  Social  Committee  on the  above  proposal 
for a Directive.