No C 270/28 Official  Journal  of the  European  Communities 26.11.  75 
ANNEX 
to the Opinion  of the Economic  and Social  Committee 
The following  amendment  was  rejected  during  the discussion. 
Item 29 
Add  the following  to the end  of paragraph  29: 
'The  Commission  is asked  to conduct  an enquiry  into  farm  surpluses  for the 1974/75  and 
1975/76  marketing  years  so that  the  effects  of such  surpluses  on consumer  prices  can  be 
assessed  and  any  appropriate  action  to protect  European  consumers  can  be taken.' 
Voting: 
For: 23, against:  35, abstentions:  11. 
for a Council  Directive  on the approximation  of the laws  of the Member  States  relating 
to appliances  using  gaseous  fuels,  to safety  and  control  devices  for these  appliances  and 
to methods  for inspecting  these  appliances 
for a Council  Directive  on the approximation  of the laws  of the Member  States  relating 
to appliances  using  gaseous  fuels  for the instantaneous  production  of hot  water  for 
sanitary  purposes 
The text  referred  to the  Committee  was  published  in the  Official  Journal  of the 
European  Communities  No  C 134  of 16 June  1975,  page  27. 
On 20 January  1975,  the Council  referred  the abovementioned  proposals  to the Economic 
and Social  Committee  under  Article  100  of the  Treaty  establishing  the  European 
Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 132nd  plenary  session, 
held in Brussels  on 16 and 17 July  1975. 
The Opinion  is published  below: Opinions  on the proposals 
A. LEGAL  BASIS  FOR  THE  OPINION 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, Having  regard  to the decision  taken  by its Bureau  on 
28 January  1975,  instructing  the Section  for Industry, 
Commerce,  Crafts  and  Services  to draw  up  an 
Opinion  and  a report  on the matter; Having  regard  to the referral  on 20 January  1975  by 
the Council; 
Having  regard  to  Article  100  of the  Treaty  Having  regard  to the  report  submitted  by  the 
establishing  the European  Economic  Community;  Rapporteur,  Mr Clark; 
26.11.75 Official  Journal  of the European  Communities No C 270/29 
Having  regard  to the Opinion  adopted  by the Section 
for Industry,  Commerce,  Crafts  and  Services  at its 
meeting  on 2 July  1975; 
Having  regard  to the discussions  at its meeting  on 17 
July 1975  (132nd  plenary  session  of 16 and  17 July 
1975), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
1. The  Committee  believes  that  the variations  in 
national  laws  relating  to gas appliances  constitute  a 
serious  barrier  to inter-member  trade.  It therefore 
approves  the principle  of harmonization,  subject  to 
the safety  requirement  being  sufficient.  The 
Committee  makes  the  following  comments  on the 
proposals  and draws  attention  to certain  matters  of a 
general  and  technical  nature  which  are mentioned  in 
the report  of the  Section  for Industry,  Commerce, 
Crafts  and Services. 
2. Scope  of the draft  directives 
The first  directive  is of a general  character  applying 
broadly  to any  gas  appliances  and  any  safety  and 
control  device  for  such  appliances  for  cooking, 
heating,  hot water  production,  refrigeration,  lighting 
or washing.  It provides  for 'optional'  harmonization 
through  the system  of type-approval  and  verification 
but, nevertheless,  lays  down  that  where  particularly 
important  safety  problems  are  concerned  special 
directives  may  lay down  detailed  rules  concerning  the 
substitution  of  the  Community's  technical 
requirements  for national  provisions  in force. 
3. General  comments 
3.1. Whilst  the  Committee  has  generally 
pronounced  in favour  of 'total'  harmonization,  it 
accepts  that  'optional'  harmonization  is a useful  step forward  in the removal  of technical  barriers  to trade 
in certain  types  of gas appliance.  It is glad  to note, 
however,  that  the general  directive  gives  powers  to 
require  'total'  harmonization  where  important  safety 
problems  are involved. 
3.2. The  general  directive  allows  for harmoniza-
tion to be based  either  on a standard  to which 
reference  is made  (reference  aux  normes)  or on 
specifications  set out in technical  annexes.  The  latter 
method  is proposed  in the special  directive  on gas 
water-heaters.  The  Committee  recalls  that  it 
expressed  views  on the question  of using  'reference  to 
a harmonized  standard'  (renvoi  aux  normes)  as a 
basis  of harmonization  in its Opinion  on the Com-
mission's  proposals  for a general  programme  for the 
removal  of technical  barriers  to trade  (see  Official 
Journal  of the  European  Communities  C 132  of 
6 December  1968).  It pointed  to the  advantage  in 
terms  of flexibility,  the promotion  of new  techniques 
and the  avoidance  of duplication  of work  by the 
Commission  and  international  standards  organi-
zations. 
3.3. The  Committee  notes  that  a standard  for the 
appliances  covered  by the  special  directive  on gas 
water-heaters  has  been  drawn  up by the  Comite 
Europeen  de Normalisation  (EN  26 (amended)).  The 
Committee  urges  the Commission  to maintain  close 
and cooperative  liaison  with  organizations  such  as 
the CEN  and,  wherever  possible,  to use  the 
'reference  to standards'  procedure,  provided  it is 
satisfied  that  consumers  have  been  fully  consulted 
and their  views  taken  into  account.  So far as the 
special  directive  on water-heaters  is concerned,  the 
Committee  feels  strongly  that  there  should  be further 
consultation  between  the Commission  and  the CEN 
on the  remaining  differences  between  EN  26 
(amended)  and the technical  annexes  to the directive. 
3.4. The  Committee  believes  that,  in general,  the 
requirements  of the  EN  26 standard  which  has 
already  been  adopted  in most  member  countries 
should  be accepted  unless  there  are  serious  safety 
reasons  for modifying  them. 
Done  at Brussels,  17 July  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE