7. 3.77 Official  Journal  of the European  Communities No C 56/81 
2. Specific  comments 
2.1. The  Committee  would  like  a fourth  citation  to 
be added  as follows: 
'Having  regard  to the  opinion  of the  Economic 
and Social  Committee.' 
2.2. Article  2 
The Committee  wonders  whether  the extent  to which 
the competent  authorities  of the  Member  States  are 
given  freedom  to use  their  own  discretion  is not 
incompatible  with  an  effective  alignment  of the 
scrutiny  procedures  used  in the Community. 
The Committee  proposes  that,  in the  fifth  line  of 
Article  2 (1),  the  words  'in liaison  with  the  Com-
munity  authorities'  be added  after  'the  Member 
States'. 
2.3. Article  3 
The Committee  approves  Article  3, in its present 
form.  It considers  that  systematic  checks  on  the 
quantities  of products  held  in stock  could  prove  to 
be disproportionately  expensive  to the  amount  of 
money  to be recuperated  should  irregularities  be 
discovered. 
2.4. Article  4 
The Committee  considers  that  it is reasonable  to fix 
the period  during  which  businesses  are to retain  their 
commercial  documents  at five  years,  even  though 
some  Member  States  require  longer  periods. 
2.5. Article  5 
The Committee  proposes  that  a third  paragraph  be 
added,  reading  as follows: '3. The  Member  States  shall  take  all necessary 
measures  to ensure  that  heads  of 'businesses  are 
under  an obligation  to answer  questions  from 
officials  responsible  for the inspection.' 
2.6. Article  6 
The Committee  accepts  the need  to oblige  the Mem-
ber States  to initiate  'forthwith  procedures  for  the 
recovery  of payments  illegally  acquired  but  cannot, 
however,  approve  the  wording  of Article  6, which 
would  give  officials  carrying  out  routine  inspections 
the right  to seize  certain  commercial  documents. 
The Committee  proposes  that  Article  6 be amended 
to read  as follows: 
.. the officials  responsible  for  the  inspection 
shall  have  the  right  to have  the  commercial 
documents  concerned  seized  by  persons 
empowered  to carry  out such  seizures/ 
2.7. Articles  10 and 11 
The Committee  considers  that  some  Member  States 
need  more  than  one  year  in which  to incorporate 
the necessary  measures  into  their  national  laws. 
It is therefore  proposed  that  the period  stipulated  in 
Article  11 be extended  to 24 months  and  the  period 
stipulated  in Article  10 be reduced  to two  yeans. 
Done  at Brussels,  15 December  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the proposal  for a Council  Regulation  concluding  the agreement  establishing 
a European  laying-up  fund  for inland  waterway  vessels,  and  adopting  the provisions 
for its implementation 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 208  of 3 September  1976,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 9 August  1976,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  75 of the  Treaty  establishing  the 
European  Economic  Community. 
No C 56/82 Official  Journal  of the European  Communities 7.3.77 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
144th  plenary  session,  held  in Brussels  on 15 and 16 December  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 
Article  75 thereof, which  varies  from  one  sector  to another;  and whereas 
it is therefore  a matter  of particular  urgency  that 
measures  be taken  to eradicate  or lessen  these 
damaging  effects  of the economic  situation; 
Having  regard  to the request  'for an opinion  made  by 
the Council  of the  European  Communities  on 
9 August  1976, Whereas  the recent  privately-organized  laying  up of 
tankers  appears  to show  that  an organized  laying  up 
can do much  to stabilize  freight  rates; 
Having  regard  to the decision  taken  by its Chairman 
on 13 August  1976,  instructing  the  Section  for 
Transport  and  Communications  to draw  up  an 
opinion  on the matter, 
Having  regard  to the opinion  adopted  by the Section 
for Transport  and  Communications  at its  108th 
meeting,  held  on 3 December  1976, 
Having  regard  to the  oral  report  made  by  the 
rapporteur,  Mr de Vries  Reilingh, 
Having  regard  to the discussions  at its 144th  plenary 
session  held  on 15 and  16 December  1976  (meeting 
of 16 December  1976), 
Whereas  temporary,  cyclical  imbalances  between 
supply  and  demand  in respect  of carrying  capacity 
may bring  about  serious  disturbances  of the market 
and these  imbalances  must  be removed  or prevented; 
Whereas  such  cyclical  imbalances  often  occur  as a 
result  of fluctuations  in the water  level  or economic 
difficulties;  and  whereas  both  of these  problems 
occur  sometimes  at the  same  time,  which  brings 
about  a further  aggravation  of cyclical  surpluses  of 
capacity; 
Whereas  even  a small  surplus  capacity  frequently 
causes  a significant  drop  in freight  rates,  and 
therefore  poses  a real  threat  to the  existence  of 
shipping  companies  and  those  who  earn  their  living 
from  shipping; 
Whereas  the current  economic  recession  has  brought 
about  a decline  in the demand  for transport  services, Whereas  the  fact  that  the  proposed  laying-up  fund 
is to be financed  exclusively  by contributions  from 
the inland  waterway  sector,  means  that  there  will 
be no distortions  of competition; 
Whereas  if the laying-up  fund  operates  effectively  it 
will eliminate  cyclical  surpluses  of capacity,  thereby 
making  it easier  to gauge  the  extent  of structural! 
surpluses  of capacity  and  thus  clearing  the way  for 
early  adoption  of measures  to eliminate  such  struc-
tural  (surpluses, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with 6 votes  against  and  17 abstentions: 
1. The  Economic  and  Social  Committee  welcomes 
the Commission's  proposal  and  urges  that  the 
European  laying-uip  fund  be set up and  brought  into 
operation  as soon  as possible. 
2. The  requisite  administrative  and  organizational 
measures  should  be taken  forthwith  so that,  once 
the agreement  has  come  into  force,  the  laying-up 
fund  can  come  into  operation  effectively  on 
1 January  1978. 
3. The  measures  which  are  initially  to be applied 
solely  to major  Community  waterways,  should  be 
7.3. 77 Official  Journal  of the European  Communities No C 56/83 
extended  within  a short  time  to all other  waterways 
in the Community. 
4. Finally,  the  Committee  considers  that  the  Com-
mission  and  the  Council  should  do  everything 
possible  to deal  effectively  with  the  problem  of the 
surplus  capacity  caused  by structural  factors  in inland 
waterway  transport. Done  at Brussels,  16 December  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinions  on the communication  from  the Commission  to the Council  on action  in the 
field  of transport  infrastructure;  proposal  for a Council  Decision  instituting  a consultation 
procedure  and  creating  a committee  in the field  of transport  infrastructure;  proposal  for 
a Council  Regulation  concerning  aid to projects  of Community  interest  in the field  of 
transport  infrastructure 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 207  of 2 September  1976,  page  7. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 14 July  1976,  the Council  referred  the abovementioned  proposals  to the Economic 
and Social  Committee  in accordance  with  Article  75 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 
144th  plenary  session,  held  in Brussels  on 15 and  16 December  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 
Article  75 thereof, 
Having  regard  to the  request  for  an opinion  made 
by the  Council  of the  European  Communities  on 
14 July  1976, 
Having  regard  to  the  Council  Decision  of 
28 February  1966  instituting  a procedure  for 
consultation  in respect  of transport  infrastructure 
investment  (x), Having  regard  to its opinion  of 24 February  1965 
on this  matter  (2), 
Having  regard  to the communication  from  the Com-
mission  to the  Council  of 24 October  1973  on the 
development  of the common  transport  policy, 
Having  regard  to its opinion  of 25 September  1975 
on this  communication  (3), 
Having  regard  to the decision  taken  by its Chairman 
on 29 July  1976,  instructing  the Section  for Transport 
(1) OJ  No 42, 8. 3. 1966,  p. 583. (2) OJ  No 63, 13. 4. 1965,  pp. 948  to 951. 
(3) OJ  No C 286,  15. 12. 1975,  pp. 1 to 5.