27. 11. 76 Official  Journal  of the European  Communities No C 281/13 
The final  decision  on the action  to be taken  must  rest  with  the public  authorities,  and  any  such 
measures  must  be of limited  duration,  leave  room  for a certain  amount  of flexibility  and  must 
in no circumstances  apply  to own  account  transport. 
Voting 
For: 40, against:  63, abstentions:  6. 
Opinion  on the proposal  for a Council  Decision  concerning  the entry  into  force  of the 
Agreement  on the  international  carriage  of perishable  foodstuffs  and  on the  special 
equipment  to be used  for such  carriage  (ATP) 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 209  of 4 September  1976,  page  4. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 20 August  1976,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Articles  43 and  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 
141st  plenary  session,  held  in Brussels  on 29 and  30 September  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 
Articles  43 and  75 thereof, 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 20 August  1976  for an 
opinion, 
Having  regard  to the decision  taken  by its Chairman 
on 25  August  1976,  instructing  the  Section  for 
Transport  and  Communications  to draw  up  an 
opinion  on the matter, 
Having  regard  to the  opinion  issued  by the  Section 
for Transport  and  Communications  at its 106th 
meeting,  held  on 8 September  1976, 
Having  regard  to the  oral  report  made  by  the 
Rapporteur,  Mr Renaud, Having  regard  to the discussion  at its 141st  plenary 
session,  held  on 29 and  30 September  1976  (meeting 
of 29 September  1976), 
Whereas  on 1 September  1970  the  United  Nations' 
Economic  Commission  for  Europe  published  the 
Agreement  on the international  carriage  of perishable 
foodstuffs  and  on the  special  equipment  to be used 
for such  carriage  (ATP); 
Whereas  the Agreement  was  opened  for accession  on 
31 May  1971,  and,  since  the  requisite  number  of 
parties  have  acceded  to it, it will  enter  into  force  on 
21 November  1976; 
Whereas  the nine  Member  States  of the  Community 
took  part  in the drafting  of the ATP  Agreement  and 
whereas,  at the  present  time,  France  and  Germany 
have  already  ratified  the said  Agreement; 
No C 281/14 Official  Journal  of the  European  Communities 27. 11. 76 
Whereas  the entry  into  force  of the ATP  Agreement 
is a prerequisite  for  the  establishment  of uniform 
regulations  for the carriage  of perishable  foodstuffs, 
applicable  to a geographical  area  larger  than  the nine 
Member  States  of the Community; 
Whereas  by improving  the  conditions  under  which 
perishable  foodstuffs  are kept,  the ATP  Agreement  is 
likely  to lead  to an  increase  in trade  in such 
foodstuffs  between  the  EEC  and  non-member 
countries; 
Whereas  the  ATP  Agreement  is of considerable 
significance  for the common  transport  policy  in view 
of the fact  that  failure  by any  Member  State  to apply 
the Agreement  would  lead  to different  rules  being 
applied  to carriers  specializing  in the  transport  of 
perishable  foodstuffs,  which  would  be prejudicial  to 
the harmonization  of the  terms  of competition  and 
the smooth  functioning  of the transport  market; 
Whereas  there  is  no  contradiction  between 
Community  provisions  and  the standard  laid  down  in 
the ATP  Agreement, HAS  ADOPTED  THE  FOLLOWING  OPINION 
with  no votes  against  and  one  abstention: 
The Committee  approves  in  principle  the 
Commission  proposal  that  the Member  States  of the 
European  Community  should  accede  to or ratify  the 
Agreement  on the international  carriage  of perishable 
foodstuffs  and  on the  special  equipment  to be used 
for such  carriage  (ATP).  The  Section  considers  that 
the instruments  of ratification  or accession  should  be 
deposited  jointly,  before  21 November  1976,  with  the 
Secretariat  of the United  Nations  Organization  by the 
representative  of the  Member  State  holding  the 
presidency  of the Council,  who  should  act on behalf 
of the Community. 
Done  at Brussels,  29 September  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for  a Council  Regulation  amending  Regulation  (EEC)  No 
817/70  laying  down  special  provisions  relating  to quality  wines  produced  in specified 
regions 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 161  of 14 July  1976,  page  7. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 8 July  1976,  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with.Articles  47 and  198  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 
141st  plenary  session,  held  in Brussels  on 29 and  30 September  1976. 
The full  text  of the opinion  is as follows: