23.1. 75 Official Journal of the European Communities No C 16/25 
Relations to prepare the Committee's work on the 
matter; 
Having regard to the Opinion adopted by the Section 
for External Relations at its meeting on 5 November 
1974; 
Having regard to the oral report made by the 
Rapporteur, Mr Romer; 
Having regard to the discussions at its 125th plenary 
session of 28 November 1974, 
HAS ADOPTED THE FOLLOWING OPINION 
by a unanimous vote: 
The Economic and Social Committee endorses the 
proposal for a Council Regulation amending Regulation (EEC) No 803/68 concerning the value of 
goods for customs purposes. 
The Committee recommends that care be taken to 
see that the city of (West) Berlin is in no way placed 
at a disadvantage by the proposed Regulation. This 
could be ensured by rewording Article 6 (2) of 
Regulation (EEC) No 803/68, which also covers 
traffic to and from Berlin. 
Done at Brussels, 28 November 1974. 
The Chairman 
of the Economic and Social Committee 
Henri CANONGE 
Opinion on the proposal for a Council Directive on the approximation of the laws 
of the Member States restricting the marketing and use of certain dangerous substances 
and preparations 
The text referred to the Committee was published in Official Journal of the European 
Communities No C 126 of 17 October 1974, page 33. 
A. LEGAL BASIS FOR THE OPINION 
On 4 September 1974, the Council referred the abovementioned proposal to the 
Economic and Social Committee under Article 100 of the Treaty establishing the 
European Econdmic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee drew up its Opinion at its 125th plenary session, 
held in Brussels on 28 November 1974. 
The Opinion is published below: 
THE ECONOMIC AND SOCIAL COMMITTEE, . 
Having regard to the referral on 5 September 1974 by 
the Council of the European Communities of the 
proposal for a Council Directive on the 
approximation of the laws of the Member States 
restricting the marketing and use of certain 
dangerous substances and preparations; Having regard to the decision taken by its Bureau on 
8 October 1974, instructing the Section for protection 
of the Environment, Public Health and Consumer 
Affairs to draw up an Opinion and a report on the 
matter; 
Having regard to Article 100 of the Treaty 
establishing the European Economic Community; 
No C 16/26 Official Journal of the European Communities 23.1. 75 
Having regard to the Opinion adopted by the Section 
for Protection of the Environment, Public Health and 
Consumer Affairs on 12 November 1974; 
Having regard to the Committee's Opinion on the 
draft Council resolution on the adaptation to 
technical progress of Directives on the protection and 
improvement of the environment (1); 
Having regard to the oral report made by the 
Rapporteur, Miss Roberts; 
Having regard to the discussions at its 125th plenary 
session of 28 November 1974; 
Whereas a piecemeal approach to the various 
problems posed by the use of dangerous substances 
and preparations should be avoided; 
Whereas subsequent adaptation of the present 
Directive to technical progress should be carried out 
after an Opinion has been given by the ad hoc 
Committee on the setting up of which the Council 
tlciS still to take a Decision, 
HAS ADOPTED THE FOLLOWING OPINION 
by a unanimous vote: 
The Economic and Social Committee approves the 
proposal, subject to the following comments: 
1. General comments 
1.1. The Committee notes that, despite its general 
scope, die proposal lays down restrictions solely for 
the marketing and use of poly chlorinated biphenyls 
(PCBs). The Committee would stress the urgent need 
for such restrictions. 
1.2. The Committee notes that it is intended to 
include products other than PCBs in the Annex, and 
to apply the same restrictions to the marketing and 
use of the products in question; the Committee 
recognizes that the scientific data currently available 
to the Commission do not enable it to make 
definitive proposals in respect of these products. 
1.3. The ecological balance could be disrupted by 
the ecotoxic effects of the long-term use of dangerous substances and preparations, and the Committee 
strongly urges the Commission to continue its 
investigations in the area referred to above, with a 
view to enlarging the Annex as soon as possible. 
1.4. The Committee stresses the fragmentary 
nature of the proposals submitted to it on dangerous 
substances, pointing out that the Commission, acting 
under the information agreement on environmental 
matters at the instigation of a Member State, is 
drafting a directive on the collection, recycling and 
destruction of PCBs. 
1.5. The Committee also notes that, at 
international level, the OECD Council recommends a 
set of measures concerning the manufacture, 
utilization, recovery, regeneration and destruction of 
PCBs, whereas no such measures are provided for in 
the Commission's proposal. 
1.6. As regards the legal aspect, the Committee 
welcomes the fact that the Commission is advocating 
'total harmonization', that is to say the type of 
harmonization which the Committee has 
recommended on a number of occasions. 
2. Specific comments 
2.1. Article 3 
As regards amendment of the Annex to the proposed 
directive in the light of technical progress, the 
Committee considers that the ad hoc committee 
provided for in the Council resolution on the 
adaptation to technical progress of Directives on the 
protection and improvement of the environment must 
be consulted on the same basis as the ad hoc 
committee referred to in Article 3. 
2.2. The Committee, therefore proposes that 
Article 3 be amended so as to allow the Opinions of 
both these ad hoc committees to be taken into 
account. 
Done at Brussels, 28 November 1974. 
\ 
The Chairman 
of the Economic and Social Committee 
Henri CANONGE 
C1) OJ No C 109, 19. 9. 1974, p. 43.