17. 9. 84 Official Journal of the European Communities No C 248/7 
exclude the drafting of more detailed provisions on 
to the nature and scale of inspection measures 
deemed necessary in particular cases. Such provi­
sions could be set out under implementing rules. 
2.6. Article 12 
These provisions also apply to the international 
standard 'containers' used in container transport. By 
proposing a period of permissible use of six months 
(paragraph 4) the Commission, is however, exceed­
ing the three-month limit set out in Article 4 of the 
International Customs Agreement on Containers of 
18 May 1956. In view of the growing importance of 
this mode of shipping in international goods trans­
port, it is, in the Committee's opinion, necessary on 
grounds of competitiveness to stipulate that the pro­
visions relating to the temporary importation of 
containers are applied only on a reciprocal basis. 
2.7. Article 14 
This Article absolutely prohibits the transfer of tem­
porarily imported means of transport to persons normally resident within the customs territory of the 
Community. This is inconsistent with Article 2 
which permits the use of the means of transport by 
third parties under the responsibility of the person 
to when the authorization has been granted. The 
Committee therefore proposes that Article 14 be 
made subject to Article 2. This is the only way to 
avoid the contradiction and to take account of ex­
ceptional circumstances and emergencies, where for 
example the non-EC user was no longer able be­
cause, for example, of illness or an accident, to drive 
or control the means of transport and needed to 
have it towed or forwarded by a Community resi­
dent. 
2.8. Article 18 
The Committee feels that this Article should provide 
for the suspension of temporary importation arran­
gements when the means of transport undergo in­
ward processing. This may arise, for example, when 
temporarily imported means of transport require not 
only maintenance work but also repair and overhaul 
work. 
Done at Brussels, 4 July 1984. 
The Chairman 
of the Economic and Social Committee 
Francis CEYRAC 
Opinion on the proposal for a Council Directive prolonging the derogation accorded to 
Ireland relating to the rules governing turnover tax and excise duty applicable in inter­
national travel (*) 
(84/C 248/04) 
On 11 January 1984, the Council decided, in accordance with Article 100 of the Treaty 
establishing the European Economic Community, to consult the Economic and Social 
Committee on the proposal for a Directive prolonging the derogation accorded to Ire­
land relating to the rules governing turnover tax and excise duty applicable in interna­
tional travel. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for 
preparing the Committee's work on the subject, adopted its opinion on 13 June 1984, 
in the light of the report by Mr Broicher. 
At its 218th plenary session (meeting of 4 July 1984) the Economic and Social Com­
mittee adopted the following opinion unanimously: 
1. Mindful of Ireland's special problems, the Committee supports the Commission 
proposal, but feels that a gradual harmonization, as suggested by the Commission, 
should take place. 
(') OJ No C 17,24. 1. 1984, p. 6. 
No C 248/8 Official Journal of the European Communities 17.9.84 
2. The Committee does not take a stand with regard to the increase in the value limit 
and the list of goods in the Appendix. It does, however, insist that harmonization be 
completed by the end of the five-year period. 
Done at Brussels, 4 July 1984. 
The Chairman 
of the Economic and Social Committee 
Francois CEYRAC 
Opinion on the proposal for a Commission Regulation on the application of Article 85 (3) 
of the Treaty to certain categories of patent licensing agreements(') 
(84/C 248/05) 
The Committee's Bureau decided on 22 November 1983, in accordance with Article 20 (3) 
of the Rules of Procedure, to deliver an opinion on the proposal for a Commission 
Regulation on the application of Article 85 (3) of the Treaty to certain categories of 
patent licensing agreements. 
Asked to prepare work on the matter, the Section for Industry, Commerce, Crafts and 
Services adopted its opinion on 13 June 1984. The rapporteur was Mr Poeton. 
At its 218th plenary session (meeting of 4 July 1984) the Economic and Social 
Committee adopted unanimously the following opinion: 
The Commitee welcomes the latest version of the 
draft Regulation of the Commission (84.CC.1). Al­
though it could be improved in a number of signifi­
cant respects, the draft represents the basis of a 
workable Regulation. The Committee considers that 
there should be a high priority given to clarifying the 
thinking behind the regulation. 
The Committee is pleased that the Commission 
acknowledges that in order to encourage the patent 
licensing process and its contribution to the promo­
tion of technical progress, it must allow at least the 
minimum legal protection required to make it 
worthwhile for companies to make use of patent 
licensing as a process to develop new products. It is 
important to remember that a patent licensing ar­
rangement is a 'second best' method for most com­
panies who would tend to look first to exploitation 
as the primary method. If too many obstacles are 
(') Opinion of ESC on the 12th report of the Commission 
of the European Communities on competition policy 
(September 1983) (OJ No C 341, 19. 12. 1983, p. 30). put in the way of the patent licensing process, resort 
to that method of promoting technical progress may 
be inhibited. 
The Committee's recommendations are presented 
under four heads: 
1. The treatment of exclusive sales obligations built 
into patent licensing agreements. 
2. The treatment of field of use restrictions. 
3. The treatment of 'know-how' agreements mixed 
with patent licensing. 
4. Other comments and recommendations. 
1. The treatment of exclusive sales obligation built 
into patent licensing agreements 
1.1. The most important aspect of the draft Regu­
lation is that in respect of exclusive sales obligations 
built into patent licensing agreements. The absence