30. 8.76 Official  Journal  of the European  Communities No C 204/25 
Opinion  on the proposal  for a Council  Directive  on the  approximation  of the  laws 
of the Member  States  relating  to the permissible  sound  level  and  to the exhaust  system 
of motor  cycles 
The text  referred  to the Committee  has been  published  in Official  Journal  No C 54 of 
8 March  1976,  page  33. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 6 January  1976  the  Council  referred  the  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 
140th  plenary  session,  held  in Brussels  on 30 June  and 1 July  1976. 
The full  text of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  GOMMITTEE, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  100 thereof, 
Having  regard  to the request  for an opinion  made 
by the  Council  of the  European  Communities  on 
6 January  1976, 
Having  regard  to the decision  taken  by its Bureau 
on 19 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 2 June  1976, 
Having  regard  to the  report  submitted  by  the 
rapporteur,  Mr Masprone, 
Having  regard  to the discussions  at its 140th  plenary 
session,  held  on 30 June  and  1 July  1976  (meeting 
of 30 June), HAS  UNANIMOUSLY  ADOPTED  THE  FOLLOWING 
OPINION: 
The Committee  approves  the proposal,  subject  to the 
comments  set out below. 
1. The  Committee  is pleased  to see that  the Com-
mission  is pushing  ahead  with  its work  on the 
approximation  of the  laws  of the  Member  States 
dealing  with  motor  cycles.  It welcomes  the fact  that 
the Commission  has given  priority  to the question  of 
exhaust  systems,  as requested  by the  Committee  in 
its opinion  of 25 June  1975  on the proposal  for an 
outline  Directive  (x). 
1.1. The  proposed  Directive  will  make  it possible 
to reduce  considerably  the  harmful  noise  levels 
produced  by motor  vehicles.  The  level  of noise 
emitted  by four-wheeled  motor  vehicles  has  already 
been  reduced,  following  the introduction  of Council 
Directive  70/157/EEC  of 6 February  1970.  The 
problem  of noise  from  mopeds  has still  to be tackled. 
The Committee  considers  that  the  proposal  under 
review  could  also  have  applied  to mopeds,  as the 
difference  between  the  permissible  sound  level  of 
motor  cycles  and  that  of mopeds  does  not appear  to 
be sufficient  to warrant  the issuing  of two  separate 
Directives.  At any  event,  the Committee  would  draw* 
the Commission's  attention  to the  need  for  clear, 
common  provisions  dealing  with  enforcement  checks 
(») OJ No C 263,  17. 11. 1975. 
No C 204/26 Official  Journal  of the European  Communities 30. 8. 76 
by the police  in order  to deter  riders  from  modifying 
the exhaust  systems  of their  machines. 
2. In a large  number  of opinions  on  technical 
barriers  to trade,  the  Committee  has  urged  'total' 
alignment.  It reaffirms  this  view  and  can  accept 
'optional  harmonization'  only  if it is temporary.  The 
Committee  calls  upon  the  Commission  to propose 
a deadline  for  the  introduction  of 'total  harmon-
ization'. 
3. The  Committee  does  not  wish  to go into  the 
technical  details  of the permissible  sound  levels  for 
the various  categories  of motor  cycles.  It would 
merely  point  out  that  the proposed  levels  have  not 
received  the  unanimous  approval  of experts.  At all events,  it is of prime  importance  that  account  be 
taken  of the  economic  situation  of the  motor  cycle 
manufacturing  industry,  which  is currently  facing 
serious  difficulties  as a result  of competition  from 
countries  outside  the  Community.  This  being  the 
case,  the  Committee  questions  the  wisdom  of 
imposing  on the  industry  such  severe  tests  (which 
are to become  even  more  rigorous  as from  1 October 
1980)  and  maximum  sound  levels  which  may  make 
it necessary  to modify  the design  of the engine  and 
other  components  of motor  cycles. 
4. The  Committee  trusts  that  the  test  method 
which  is adopted  will  take  into  account  the results  of 
tests in third  gear. 
Done  at Brussels,  30 June  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for a Council  Decision  concluding  the European  Convention 
on the protection  of farm  animals 
The text  referred  to the Committee  has been  published  in Official  Journal  No C 133  of 
14 June  1976,  page  6. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 10  May  1976  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Articles  47 and  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 
140th  plenary  session,  held  in Brussels  on 30 June  and 1 July  1976. 
The full  text of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Articles  47 and 198  thereof, Having  regard  to the request  for an opinion  made  by 
the Council  of the  European  Communities  on 
10 May  1976, 
Having  regard  to the  decision  taken  by its Bureau 
on 13  May  1976,  instructing  the  Section  for