7. 3. 77 Official  Journal  of the European  Communities No C 56/19 
ANNEX 
to the  opinion  of the  Economic  and  Social  Committee 
The following  amendment  was  rejected  during  discussions: 
Paragraph  7 
The final  sentence  in the  first  paragraph  of paragraph  7 should  be amended  to read  as follows: 
'In the  light  of this  situation,  the  Economic  and  Social  Committee  would  stress  the  need  for 
the Community  to establish  a closer  link  between,  on the  one  hand,  industrial  cooperation 
and marketing  in the  footwear  industry  and,  on the  other  hand,  social  policy  in this  industry'. 
Reasons 
It is perfectly  natural  that  industrial  cooperation  and  marketing  in the  footwear  industry  should 
not be divorced  from  the social  problems  of the  industry. 
Voting 
For : 13, against:  15, abstentions  : 10. 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the laws  of the 
Member  States  relating  to articles  of precious  metals 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 11 of 16 January  1976,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 19 December  1975,  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 
143rd  plenary  session,  held  in Brussels  on 24 and  25 November  1976. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the  Treaty  establishing  the  Euro-
pean  Economic  Community,  and  in particular  Article 
100 thereof, 
Having  regard  to the  request  for  an opinion  made 
by the  Council  of the  European  Communities  on 
19 December  1975, Having  regard  to the  decision  taken  by the  Bureau 
on 16 December  1975,  instructing  the  Section  for 
Industry,  Commerce,  Crafts  and  Services  to prepare 
the Committee's  wofk  on the matter, 
Having  regard  to the opinion  adopted  by the Section 
for Industry,  Commerce,  Crafts  and  Services  on 
3 November  1976, 
No C 56/20 Official  Journal  of the European  Communities 7. 3. 77 
Having  regard  to the  report  submitted  by the  rap-
porteur,  Mr de Grave, 
Having  regard  to the discussions  at its 143rd  plenary 
session  held  on 24 and  25 November  (meeting  of 
25 November), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a majority  with  three  votes  against  and  one 
abstention: 
The Committee  approves  the  objectives  of the 
proposal,  subject  to the  comments  set  out  below. 
1. Preliminary  comments 
1.1. The  Member  States  have  adopted  widely  dif-
ferent  approaches  to legislation  on precious  metals 
and these  differences  are not easy  to reconcile. 
1.2. Without  this  necessarily  constituting  a judgment 
on the  substance  of the  proposal,  the Committee  is 
pleased  that  the  Commission  has  submitted 
a proposal  that  will  enable  an examination  of its 
objectives  and  how  they  are  to be achieved.  Apart 
from  anything  else,  this  proposal  provides  each 
Member  State  with  an opportunity  to reflect  on its 
national  arrangements.  It may  even  'lead  to certain 
national  arrangements  being  reviewed.  The  proposal 
may therefore  make  for  change  in what  has  been 
termed  a static  situation. 
1.3. Large  numbers  of Directives  proposed  years  ago 
by the  Commission  are  still  awaiting  a Council 
decision.  To  prevent  the  present  proposal  meeting 
the same  fate,  the Committee  takes  the  view  that, 
if it proves  impossible  to achieve  alignment  in all 
areas  in the  immediate  future,  progress  should  be 
made  in some  areas  at least. 
1.4. As  far as the  present  proposal  for  a Directive 
is concerned,  the  divergency  of situations  may  well 
make  it impossible  to eliminate  the technical  barriers 
at a stroke  and  to attain  the objects  of the Directive. 
1.5. If certain  aspects  are aligned  in an initial  phase, 
this should  make  it easier  for more  extensive  align-
ment  to be carried  out  subsequently  within  the EEC 
and, if possible,  within  a wider  framework. 
1.6. In addition  to pursuing  normal  procedure  with 
the present  proposal  for a Directive,  the Commission 
should  keep  in touch  with  the  EFT  A countries  and explore  the  possibility  of adapting  the  Convention 
of Vienna  and  setting  up a single  system  common  to 
both  the EEC  and  EFT  A. 
1.7. It would  perhaps  be expedient  at a later  stage 
to have  one  or more  Directives  on the  marking  of 
articles  made  of pewter,  bronze,  stainless  steel,  gilded 
and silvered  metal,  etc.  National  rules  and  standards 
for such  articles  differ.  As a result,  there  may  be 
technical  barriers  to trade  and  confusion  may  arise 
between  marks  for  precious  metals  and  marks  for 
gilded  and  silvered  articles. 
1.8. Moreover,  Article  7 rightly  provides  that  the 
Member  States  are  to take  'all  necessary  measures 
to ensure  that  articles  of precious  metals  or of metals 
do not  bear  any  sign,  mark,  inscription  or hallmark 
which  might  be confused  with  the Community  hall-
mark  of guarantee'. 
1.9. The  Committee  agrees  that  the  various  marks 
must  not be confusable. 
1.10.  But  the Committee  points  out that  an optional 
Directive  cannot  eliminate  all potential  sources  of 
confusion,  because  a number  of  systems  will 
continue  to exist.  In addition,  marks  denoting  gilded 
and silvered  metal  may  also  become  subject  to 
optional  approximation;  in this  case  there  would  be 
two separate  series  of marks. 
1.11.  For  example,  Che  EFT  A countries  have  opted 
for the lozenge  as the  exclusive  mark  to denote 
platinum  (non-EFTA  countries  can  accede  to the 
relevant  convention),  while  in Belgium  the  lozenge 
denotes  gold  (and  white  gold  — an alloy  of gold, 
nickel  and  metals  such  as titanium,  rhodium,  iridium 
and bismuth  —  which  may  be  confused  with 
platinum).  Total  approximation  is essential  sooner 
or later,  at least  in this  area.  Whenever  possible, 
readily-  understood  marks  which  are already  in wide 
use should  'be adopted. 
1.12.  The  technical  barriers  to trade  in articles  made 
of precious  and  other  metals  could  be eliminated  at 
a later  stage  by generalizing  clear  consumer  informa-
tion (by  means  of marks  and,  if need  be,  other 
methods)  on the  lines  of the  EEC  rules  on textile 
labelling  and  the  proposed  rules  on food  labelling. 
1.13.  However  much  the problems  and  the remedies 
adopted  may  vary,  there  should  be some  common 
principles  which  at least  prevent  any  confusion  be-
7. 3.77 Official  Journal  of the European  Communities No C 56/21 
tween  articles  of precious  metals  and  articles  of like 
appearance.  Such  marking  rules  already  exist  in 
some  Member  States. 
2. General  comments 
2.1. Responsibility  for  inspection  (i.e.,  for marking) 
2.1.1.  The  proposal  for  a Directive  (which  is 
optional)  would  entail  the Member  States  accepting 
articles  of precious  metal  bearing  the  Community 
mark.  It would  not prevent  Member  States  from  ac-
cepting  articles  of precious  metal  which  have  been 
marked  and assayed  under  some  other  system. 
2.1.2.  The  practical  effect  of the Directive  would  be 
to free  exporters  from  the obligation  erf submitting 
their  products  to assay  offices  in importing  countries. 
In addition,  the  elimination  of technical  barriers 
could  be extended  at a later  stage  to trade  with  other 
countries  (EFTA  member  countries  for instance). 
2.1.3.  The  Committee  notes  that  the  Community 
marks  given  in the  proposal  for  a Directive  are 
there  merely  as a guide.  The  Commission  plans  to 
base its final  decision  on the  work  of an expert 
committee. 
2.1.4.  The  Committee  trusts  that  the final  marks  for 
the three  metals  will  be clearly  distinguishable  one 
from  another  and  suitable  for  use  on small  and 
large  articles. 
2.1.5.  Fineness  is one  of the  most  important  el-
ements,  and therefore  must  be given  by figures  which 
are of adequate  size,  and in any  event,  larger  than  is 
currently  proposed  (0 12 mm in some  cases). 
2.1.6.  Apart  from  the letter  'E',  the  mark  has  to 
include  an indication  of the assay  office.  Where  ap-
propriate,  the  assay  office  might  be denoted  by 
means  of a symbol.  This  would  enable  certain  el-
ements  of national  marks  to be included. 
2.1.7.  Although  the  Directive  will  not  require 
national  assay  offices  to be set up,  the Committee points  out that  some  Member  States  do not have  the 
facilities  for setting  up official  assay  offices. 
2.1.8.  The  Committee  also  wonders  whether  it is 
really  necessary  to carry  out a priori  checks  on all 
precious-metal  articles,  even  those  which  are  very 
light and  of little  value.  Would  the  cost  of such 
checks  not be excessive? 
In any  case,  it is not  necessary  to stipulate  that  a 
priori  checks  are to be carried  out on all light  articles. 
These  could  ibe subjected  to a posteriori  spot  checks. 
2.1.9.  Finally,  the Committee  notes  that  Article  4 of 
the proposal  stipulates  that  'each  Member  State  is 
to provide  the other  Member  State  and  the Commis-
sion with  a list of the Community  assay  offices.. 
In order  to avoid  any misunderstanding,  Article  4 (1) 
should  read: 
'Member  States  already  possessing  or in the act of 
setting  up Community  assay  offices  shall  provide 
the other  Member  States  and the Commission  with 
a list of such  offices  and  details  of any  amend-
ments  made  to the list.' 
2.1.10.  The  Committee  proposes  that  the  Com-
mission  should  examine  how  (i.e.,  for what  articles 
and on what  conditions)  the  identification  marks 
applied  by approved  artificers  on behalf  of a Member 
State  might  also  be  recognized  as equivalent, 
through: 
— Community  approval-criteria  based  on national 
regulations, 
— grants  anid  withdrawals  of approval  being 
published  in the Official  Journal  of the European 
Communities. 
2.2. Finenesses  and methods  of assay 
Subject  to the comment  made  in 3.4.1  the Committee 
approves  the  proposed  standards  and  methods  of 
assay. 
2.3. Tolerances  and  accuracy  of methods 
2.3.1.  Certain  Member  States'  laws  accept  tolerances 
'so as to take  account  of soldered  joints'. 
2.3.2.  Other  Member  States  permit  no tolerance.  Tihe 
manufacturer  guarantees  that  al'l his products  have 
the standard  of fineness  marked  on them,  and has to 
prepare  his ailloy  accordingly. 
No C 56/22 Official  Journal  of the European  Communities 7.3.77 
2.3.3.  To  give  an example,  the Committee  considers 
that tolerances  ought  not  to result  in platinum  of 
950/1000  systematically  becoming  platinum  of 940-5/ 
1000.  As high-value  raw  materials  are involved,  the 
quality  stated  ought  to be guaranteed,  subject  (if need 
be) to special  dispensations  for soldered  joints  where 
soldering  techniques  do not  allow  solders  of the 
same  fineness  to be used  (silver,  platinum).  Provisions 
of this  type  are included  in the Convention  oif Vienna 
(Annex  1, paragraph  6). 2.5.5.  Such  articles  are  now  widelly  bought  by all 
sections  of society,  including  young  people.  They  are 
often  purchased  in non-specialist  shops  in tourist 
resorts,  at motorway  service  areas,  etc.  As standards 
of fineness  vary  from  one  Member  State  to another, 
and some  carry  out hardly  any  checks  at aid (not  even 
a posteriori  checks),  buyers  may  be misled,  especially 
if they  are not  familiar  with  the difficult  symbolism 
of hallmarks  (Head  o>f Minerva,  Head  of Mercury, 
lozenges,  and  so on). 
2.3.4.  On  the  other  hand,  account  should  be taken 
of the relative  inaccuracy  off assay  methods.  But  this 
inaccuracy  is not in the same  league  as the tolerances 
proposed  in the Directive,  since  the latter  are as high 
as 1%.  Consequently  both  the  figures  and  the  ter-
minology  used  should  be amended.  The  present 
wording  confuses  acceptance  of fineness  lower  than 
the nominal  fineness  with  inaccuracy  of assay 
methods. 
2.4. 'Total'  or 'optional'  approximation 
2.4.1.  The  Committee  would  point  out  that  it has 
always  advocated  total  approximation  where 
possible.  At the very  least,  aspects  capable  of being 
totally  aligned  should  be, and  the  present  proposal 
should  be looked  on as being  a stage  on the road  to 
total  approximation. 2.5.6.  The  Committee  therefore  advocates  that  in 
one or more  stages: 
(a) hallmark  symbols  and  figures  <shou!ld  'be fully 
standardized  according  to a code  which  is as easy 
as possible  to read,  understand  and  remember; 
(b) each  article  displayed  for sale  should  have  a dalbel 
indicating  the metal  it is made  of and  the standard 
of fineness.  Provided  no confusion  is possible,  a 
single  laibeil  could  ibe used  for  severail  articles 
(e.g.,  in a shop  window).  This  would  inform 
consumers  without  their  having  to enter  the shop; 
(c) dealers  should  also  be obliged  to keep  a table  of 
marks  and  a magnifying  glass  on their  premises, 
for customers'  use.  This  is already  compulsory  in 
some  Member  States. 
2.5. Consumer  protection 
2.5.1.  The  Committee  observes  that  approximation 
(perhaps  by stages),  will  not  dead  to the  immediate 
abolition  of all the technical  barriers  to trade. 
2.5.2.  It would,  however,  enable  a certain  degree  of 
de facto  standardization  of fineness  to be achieved, 
and would  thus  reduce  the  scope  for errors  at the 
production  and  distribution  stages.  It would  also 
make  for easier  and  less  expensive  stock  management. 3. Specific  comments 
3.1. Articles  3 (7) and 4 (1) 
3.1.1.  The  Committee  considers  that,  when  necess-
ary, consumers  should  be alb'le  to identify  whose  mark 
has been  applied.  This  means  that  the public  must  be 
able to consult  registers.  The  names  and  addresses 
of the assay  offices  referred  to in Article  4 (1) should 
be published  in the Official  Journal  of the European 
Communities. 
2.5.3.  Moreover,  approximation  would  afford  better 
consumer  protection  and  information  than  that 
generally  provided  by the present  national  marks. 
2.5.4.  Formerly,  articles  made  of precious  metals 
were  (bought  by a small  sector  of society  which  had 
an adequate  knowledge  of the significance  of marks, 
and which  patronized  a small  number  of reputable 
establishments. 3.2. Article  7 
3.2.1.  As  it points  out  in its 'general  comments', 
the Committee  considers  that  these  measures  should 
be taken  as soon  as possible  at Community  level  and 
not separately  by individual  Member  States. 
3.3. Annex  II — paragraph  6 (a) 
7. 3. 77 Official  Journal  of the European  Communities No C 56/23 
3.3.1.  The  word  'preferably'  should  be deleted  and 
the words  'where  possible'  substituted  therefore. articles.  Accordingly,  the first  sentence  should  read: 
'The  total  weight  of precious  metal  in articles  re-
ferred  to in subparagraphs  (a) and  (b) above  must 
be given  in grams  at the  centre  of a mark,  con-
sisting  of an isosceles  triangle,  stamped  close  to the 
other  marks.' 3.4. Annex  III 
3.4.1.  Subsection  III of section  B should  allow  the 
potentiometric  method  to be used.  The  following 
should  be inserted: 
'(c) By the potentiometric  method.' Done  at Brussels,  2.5 November  1976. 
3.5. Annex  IV — paragraph  2 The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 3.5.1.  The  Committee  approves  these  provisions,  but 
is adamant  that  they  should  not  be applied  to other 
Opinion  on the amendments  to a proposal  for a Council  Regulation  amending  Regulation 
(EEC)  No  1696/71  on the  common  organization  of the  market  in hops 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 240  of 13 October  1976,  page  7. 
On 30 September  1976,  the  Council  referred  the abovementioned  amended  proposal 
to the Economic  and  Social  Committee  in accordance  with  Article(s)  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 
143rd  plenary  session,  held  in Brussels  on 24 and  25 November  1976. 
The full  text  of the opinion  is as follows: A. LEGAL  BASIS  FOR  THE  OPINION 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, Having  regard  to the decision  taken  by its Chairman 
on 1 October  1976,  instructing  the Section  for Agri-
culture  to prepare  the work  on the matter, Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Articles  47 and  198  thereof, Having  regard  to its previous  work  on the  matter 
including  its opinion  of 26 May  1976  on the proposal 
for a Council  Regulation  amending  Regulation  (EEC) 
No 1696/71  on the  common  organization  of the 
market  in hops, Having  regard  to the request  for an opinion  made  by 
the Council  of the  European  Communities  on 30 
September  1976,