27. 7. 81 Official Journal of the European Communities No C 185/5 
Opinion on the proposal for a Council Regulation on the definition of the customs territory 
of the Community 
The text referred to the Committee has been published in Official Journal of the 
European Communities No C 305 of 22 November 1980, page 4. 
A. LEGAL BASIS FOR THE OPINION 
On 18 November 1980 the Council referred the abovementioned proposal to the 
Economic and Social Committee in accordance with Article 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 
187th plenary session held in Brussels on 29 and 30 April 1981. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, I. General comments 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 198 thereof, 
Having regard to the request made by the Council of 
the European Communities on 18 November 1980 
for an opinion on the proposal for a Council 
Regulation on the definition of the customs territory 
of the Community, 
Having regard to the decision taken by its Bureau on 
18 November 1980, instructing the Section for 
Industry, Commerce, Crafts and Services to prepare 
an opinion and a report on the matter, 
Having regard to the opinion issued by the Section 
for Industry, Commerce, Crafts and Services at its 
meeting on 8 April 1981, 
Having regard to the oral report made by the 
rapporteur, Mr Marvier, 
Having regard to the discussion at its 187th plenary 
session held on 29 and 30 April 1981 (meeting of 
29 April 1981), 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 1. The definition of the Community's customs 
territory is vital to the establishment of the customs 
union, which the EEC Treaties laid down as a prime 
objective. 
2. Regulation (EEC) No 1496/68 of 27 September 
1968 defined this territory prior to the end of the 
transitional period during which customs duties on 
trade between Member States were to be abolished 
and the Common Customs Tariff was to be set up. 
3. The 1968 Regulation stated in Article 4 that it 
was not prejudging the customs rules applicable to 
the continental shelf or to free zones. 
4. According to the explanatory memorandum 
accompanying the Commission's proposal, these 
rules have now been clarified and hence the 
reservations made in Article 4 of the 1968 Regulation 
can be dropped. It is clearly understood that this 
Regulation will not prejudice the customs 
arrangements applicable to the continental shelf. 
II. Specific comments 
1. Article 1 
1.1 Article 1 specifies that the customs territory of 
the Community includes the adjacent 'territorial sea' 
No C 185/6 Official Journal of the European Communities 27. 7. 81 
(a term also used in the Geneva Convention on the 
Law of the Sea), but the explanatory memorandum 
speaks of 'territorial waters' 'territorial sea' — which 
can be taken to include inland waters such as Lake 
Geneva — should be used throughout. 
1.2 It would seem that a more precise definition of 
'air space' is required. Air space is, in fact, defined as 
the space used by aircraft, which are continually 
subject to the Earth's pull. Spacecraft in the 
stratosphere or beyond are not to be regarded as 
being in the customs territory. 
2. Article 3 
2.1 In the field of maritime shipping, Member 
States are to be allowed to introduce 'specific 
provisions to the contrary' in order to ensure that 
international law is respected. 
Done at Brussels, 29 April 1981. 2.2 The Geneva Convention is precise in this 
respect (territorial sea, contiguous zone, high seas), 
and when coastal States exercise their sovereignty in 
such areas, they are obliged to respect international 
treaties, including those establishing the 
Communities. The Committee recommends that it 
should be indicated in Article 3 that the derogation 
mentioned therein refers in particular to the retention 
of national measures with regard to the passage of 
ships for peaceful purposes. 
2.3 However, this comment prompts thoughts of a 
more general nature about the redefining of 'reserved 
trades'. The freedom of navigation between Member 
States should favour Member States' own vessels, 
with the all too often unfair competition from FOC 
merchant fleets being kept in check. 
2.4 The Committee would recommend the 
Commission to make a special study of this matter. 
The Chairman 
of the Economic and Social Committee 
Tomas ROSEINGRAVE