11.5.77 Official  Journal  of the  European  Communities No C 114/1 
II 
(Preparatory  Acts) 
ECONOMIC  AND  SOCIAL  COMMITTEE 
Opinion  on the  proposal  for  a Council  Directive  amending  Directive  70/156/EEC  on 
the approximation  of the  laws  of the  Member  States  relating  to the  type-approval  of 
motor  vehicles  and  their  trailers 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of  the 
European  Communities  No  C 25 of 2 February  1977,  page  2. 
On 19 January  1977  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 
147th  plenary  session,  held  in Brussels  on 30 and  31 March  1977. 
The full  text  of the  opinion  is as follows: A. LEGAL  BASIS  FOR  THE  OPINION 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, HAS  ADOPTED  THE  FOLLOWING  OPINION 
Having  regard  to the Treaty  establishing  the European 
Economic  Community  and,  in particular,  Article  100 
thereof, The Committee  approves  the  proposals  subject  to the 
comments  set out  below: unanimously: 
Having  regard  to the  request  for an opinion  made  by 
the Council  of  the  European  Communities  on 
19 January  1977, 
1. General  comments 
Having  regard  to the  Decision  taken  by its Bureau  on 
25 January  1977,  instructing  the  Section  for Industry, 
Commerce,  Crafts  and  Services  to draw  up an opinion 
and a report  on the matter, The Committee  welcomes  the  proposal  because  it 
completes  the  series  of  Directives  dealing  with 
individual  aspects  of the  vehicle  by a general  system 
of type  approval.  The  Committee  believes  this  should 
act as a stimulus  to intra-Community  trade.  It urges 
the Council  of Ministers  to act  on the  proposal  as 
a matter  of urgency. Having  regard  to the  opinion  issued  by the  Section 
for Industry,  Commerce,  Crafts  and  Services  on 
2 March  1977, 
Having  regard  to  the  report  submitted  by  the 
rapporteur,  Mr Clark, 
2. Specific  comments 
Having  regard  to the  discussions  at its 147th  plenary 
session  held  on 30 and  31 March  1977  (meeting  of 
30 March), 2.1. The  Committee  sees  serious  difficulties  in the 
application  of Articles  2.2  and  2.3  to vehicles  which 
No C 114/2 Official  Journal  of the  European  Communities 11.5.  77 
are produced  in third  countries.  It believes  that 
conformity  to type  can  only  be effectively  verified  in 
the manufacturing  establishments  and  therefore 
suggests  that  when  granting  type  approval  the  right 
of access  to the  manufacturing  establishments  and 
the methods  of checking  must  be the  subject  of 
agreements  between  the  Community  and  the  third 
countries. 
2.2. Article  2, paragraph  2 
The Committee  notes  a discrepancy  between  the 
English  and  French  text  and  suggests  that  the English 
version  be brought  into  line  with  the French  one. 
2.3. Article  4 
The Committee  is concerned  about  Article  4, 
paragraphs  1 and  2, since  the  vagueness  of certain 
parts  of the wording  might  present  certain  difficulties 
of interpretation  and  thus  eventually  might  be invoked 
with  protectionist  effects. 
The Committee  insists  that  action  under  this  Article 
should  be limited  to cases  where  there  is strong  and 
sufficient  presumption  that  the  vehicle  is dangerous. 
Done  at Brussels,  30 March  1977. 2.4. Considering  the  Community-wide  effects  of a 
type  approval  granted  under  the  terms  of the 
Directive,  the  Committee  invites  the  Commission  to 
ensure  maximum  coordination  among  Member  States' 
authorities  before  type  approval  is granted  to a motor 
vehicle  coming  from  a third  country. 
Furthermore,  the  Committee  asks  the  Commission 
and the  Council  to keep  in mind  the  importance  for 
the Community  of obtaining  reciprocal  benefits  from 
third  countries  exporting  to the Community. 
2.5. The  Committee  suggests,  in the  interest  of 
economy,  that  the documents  of Annexes  I and  II be 
replaced  by a single  document  serving  both  purposes, 
i.e. an  information  document  with  provision  for 
formal  notification  of the type  approval. 
The Committee  also  suggests  that  the  document  of 
Annex  III  (certificate  of conformity)  attached  to 
the Directive  70/156/EEC,  which  is not  affected  by 
the present  proposal  for  a Council  Directive,  is 
unnecessary  because  the information  in this  document 
is already  contained  on the  statutory  plate  fixed  to 
each  vehicle. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the  proposal  for  a Council  Directive  on the  approximation  of the  laws 
of the  Member  States  relating  to rear  fog  lamps  for  motor  vehicles  and  their  trailers 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 37 of 14 February  1977,  page  31. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 12 January  1977  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 
147th  plenary  session,  held  in Brussels  on 30 and  31 March  1977. 
The full  text  of the  opinion  is as follows: