27. 11. 78 Official Journal of the European Communities No C 283/33 
Opinion on the proposal for a Council Regulation laying down the customs procedure ap­
plicable to the stores of vessels, aircraft and international trains 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 73 of 23 March 1978, page 4. 
A. LEGAL BASIS FOR THE OPINION 
On 16 March 1978 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 160th 
plenary session held in Brussels on 20 and 21 June 1978. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community r and in particular Article 198 
thereof, 
Having regard to the request made by the Council of 
the European Communities on 17 March 1978 for an 
opinion, 
Having regard to the decision taken by its Bureau on 
29 March 1978 instructing the Section for Industry, 
Commerce, Crafts and Services to draw up an opinion 
on the matter, 
Having regard to the opinion adopted by the Section for 
Industry, Commerce, Crafts and Services at its meeting 
on 14 June 1978, 
Having regard to the oral report made by the rappor­
teur, Mr Marvier, 
Having regard to the discussions at its 160th plenary 
session held on 20 and 21 June 1978 (meeting of 
20 June 1978), 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 
General comments 
The Committee generally approves the Commission's 
aim to introduce common rules on stores. It is desirable that the international transport operations of the 
Member States should be able to continue to benefit 
from the traditional customs concessions. 
It must be ensured that these transport operations can 
compete with similar transport operations carried out 
by non-member States. 
It is also important that the terms of competition among 
the Member States themselves should be harmonized as 
much as possible. The present proposal, however, leaves 
it to the individual Member States to decide the exempt 
quantities and does not, therefore, entirely remedy the 
present considerable distortions in this field. 
The Committee also considers that the proposal, as at 
present worded, could give rise to differences in in­
terpretation. Precise rules of application are therefore 
needed. 
While it approves the fact that pleasure vessels are not 
to qualify for the customs procedure for stores (because 
of the risk of abuses and the difficulty of carrying out 
checks), the Committee would like to see a specific in­
formation campaign concerning this restriction, to pre­
vent the Community from being regarded as the cause of 
the withdrawal of traditional concessions. Many special 
cases could arise here, but the Committee appreciates 
that making allowance for them would involve checks 
No C 283/34 Official Journal of the European Communities 27. 11. 78 
whose cost would be out of all proportion to' the 
amount of the exemptions granted. 
In the specific field of stores, which do not give rise to 
any particular difficulties, the Committee would like the 
Member States to undertake to apply the tax exemp­
tions in accordance with rules identical to those govern­
ing the customs exemptions. Subject to these reserva­
tions, and the more detailed comments set out below, 
the Committee approves the proposal. 
Specific comments 
Article 1 (1) 
The Committee notes an ambiguous use of the term 
'international', which could apply both to transport 
between Member States and to transport between 
Member States and third countries. This ambiguity 
occurs throughout the text. 
Article 1 (2) (c) 
The Committee notes that there is no Community defin­
ition of 'territorial waters' and that the situation will, 
therefore, vary from one Member State to another. 
Article 1 (2) (e) 
The last few lines should read as follows: '. . . and the 
French overseas departments, between the United King­
dom and the Channel Islands, and between Denmark 
and Greenland or vice versa shall be treated . . .'. 
Article 2 (2) 
Reference should be made to Article 27 in the fourth 
line. 
Article 3 
The wording of the second paragraph is very complex 
but does not cover all cases. In particular, a vessel on an 
international voyage, with two or more stops at ports in 
the same Member State, might, by special authorization, 
carry out a cabotage operation between those ports, 
while at the same time continuing the international 
transport operation. In such a case it would be only 
normal to allow relief for stores, whereas the present 
text provides otherwise. This shortcoming could be remedied by making Article 30 (c) applicable also to 
vessels. 
Article 4 
' . . . the usual period necessary to achieve the purposes' 
is open to any interpretation. Similar overly vague 
wording is also to be found in the first indent of Article 
5 (a). ' 
Article 5 (a), fifth indent 
As far as the Committee is aware, there is no customs 
definition of deep-sea fishing. 
Article 6 (2) (b) 
Same comment as for Article 3, second paragraph. 
Articles 9 (1) (b) 
The Committeee appreciates that there are practical 
reasons for granting exemption 'until the first port 
situated in waters not having international status', but it 
would have been more logical and just as practical to 
stipulate 'until the last port situated in waters having 
international status'. 
Article 10 
Same comment as for Article 9 (1) (b). 
Article 10, second paragraph 
Same comment as for Article 3, second paragraph. 
Article 13 (3) 
Same comment as for Article 3, second paragraph. 
Articles 20 and 21 
These two Articles result in very little relief for the 
stores of international (i.e. extra-Community) trains. It 
may be asked whether there is any point in keeping 
these Articles. 
27. 11. 78 Official Journal of the European Communities No C 283/35 
Article 20 (2) 
Same comment as for Article 2 (2). 
Article 22 (a), second indent 
The Committee considers that it will be very difficult to 
check the exact circumstances under which catering 
supplies are bought in a third country. 
Article 26 
This Article leaves it to the individual Member States to 
decide the authorized quantities. The maximum quan­
tities should be fixed by a Commission Regulation under Article 31 in such a way that there is no appreciable 
difference between the Member States. 
The Committee would also refer to its general com­
ments. 
Additional comments 
None of the provisions in the proposal takes account of 
the presence of duty-free shops (even for travel between 
Member States) on certain means of transport qualify­
ing for the customs procedure for stores intended for 
consumption on board (ships, aircraft). 
The Committee would like to see specific rules in this 
field to put an end to the present discrimination be­
tween the different modes of transport. 
Done at Brussels, 20 June 1978. 
The Chairman 
of the Economic and Social Committee 
Basil de FERRANTI 
Opinion on the proposal for a Council Directive on the limitation of the noise emitted by 
compressors 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 94 of 19 April 1978, page 2. 
A. LEGAL BASIS FOR THE OPINION 
On 13 April 1978 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 160th 
plenary session held in Brussels on 20 and 21 June 1978. 
The full text of the opinion is as follows: