No C 33/4 Official Journal of the European Communities 7. 2. 83 
Opinion on the draft Commission Regulation on the application of Article 85 (3) of the 
Treaty to categories of specialization agreements 
The text referred to the Committee has been published in Official Journal of the 
European Communities No C 172 of 10 July 1982, page 14. 
A. LEGAL BASIS FOR THE OPINION 
As a follow-up to its opinion of 27 October 1982 on the 11th report on competition 
policy issued by the Commission of the European Communities (*), the Economic and 
Social Committee has delivered an additional opinion on this subject under the third 
paragraph of Article 20 of its Rules of Procedure. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee drew up its additional opinion on the above 
matter at its 203rd plenary session, which was held in Brussels on 15 and 16 December 
1982. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to Article 20 (3) of its Rules of 
Procedure, 
Having regard to the decision taken by its Bureau on 
27 October 1982 that a supplementary opinion 
should be drafted on the draft Commission 
Regulation on the application of Article 85 (3) of the 
Treaty to categories of specialization agreements, 
and that the Section for Industry, Commerce, Crafts 
and Services should prepare the proceedings of the 
Committee on the matter, 
Having regard to the opinion adopted by the Section 
for Industry, Commerce, Crafts and Services at its 
meeting on 1 December 1982, 
Having regard to the discussions on 15 December 
1982 during the 203rd plenary session held on 15 
and 16 December 1982, 
Considering the report submitted by the rapporteur, 
Mr Bagliano, 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 
1.1. The Committee endorses the aims and content 
of the draft Commission Regulation. 
(i) OJ No C 326, 13. 12. 1982, p. 6. 1.2. The draft Regulation covers joint 
manufacturing ventures and thus extends the scope 
of the existing exemption arrangements. 
1.3. In this connection, the Committee points out 
that the turnover ceiling referred to in Article 3 (b) is 
the same as that specified in Article 2 (b) of 
the 1977 Regulation (EEC No 2903/77 of 
23 December 1977), namely 300 million ECU. If 
allowance is made for inflation, this figure no longer 
seems adequate. 
1.4. Article 3 (a) refers to 'a substantial part of the 
common market' for the purposes of determining 
the market share. It should also refer to the 
'common market' as a whole. The average size of 
small and medium-sized companies (whether 
measured in terms of turnover or market share) does 
after all vary quite considerably according to sector. 
The Commission would then use its discretionary 
powers to decide on a case-by-case basis which 
criterion should be adopted. 
1.5. At all events, the Committee broadly approves 
the proposed criteria, although it would draw 
attention to the difficulties inherent in relying upon 
annual turnover in times when the climate is 
inflationary and the rate of inflation differs from 
one Member State to another. 
1.6. The definition of 'undertakings' in Article 5 
needs to be clarified to ensure that undertakings 
know where they stand. 
7. 2. 83 Official Journal of the European Communities No C 33/5 
1.7. Article 6 stipulates that the Commission 'shall 
withdraw' exemption if a specialization agreement is 
not producing the desired results or consumers are 
not receiving a fair share of the resulting profit. This 
provision should be amended. Exemption should 
not be withdrawn automatically; the Commission 
should first exercise its right to intervene, before 
deciding whether to withdraw exemption. 
Done at Brussels, 15 December 1982 
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 Council's decision on 
5 October 1982 to ask it for an opinion on the 
abovementioned proposal, 
Having regard to Council Decision 82/505/EEC of 
15 July 1982 by which the Council concluded the 
Agreement on the International Carriage of 2. To conclude, the Committee endorses the 
Commission's policy of encouraging specialization 
agreements, which usually have beneficial effects in 
the sector concerned, not to mention their 'spin-off 
impact. 
The Chairman 
of the Economic and Social committee 
Francis CEYRAC 
Passengers by Road by means of Occasional Coach 
and Bus Services (ASORX1), which therefore 
applies to such services between the Community and 
the other Contracting Parties which have ratified it, 
Having regard to its opinion of 27 May 1982(2) on 
the relevant Commission proposal, 
(i) OJ No L 230, 5. 8. 1982, p. 38. 
(2) OJ No C 205, 9. 8. 1982, p. 1. Opinion on the proposal for a Council Regulation on measures implementing the 
Agreement on the International Carriage of Passengers by Road by means of Occasional 
Coach and Bus Services (ASOR) 
The text referred to the Committee has been published in Official Journal of the 
European Communities No 265 of 9 October 1982, page 3. 
A. LEGAL BASIS FOR THE OPINION 
On 5 October 1982 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. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
203rd plenary session held in Brussels on 15 and 16 December 1982.