ddrg/super_eurlex huggingface dataset:
NoC287/38 OfficialJournaloftheEuropeanCommunities 4.11.92
OpinionontheproposalforaCouncilDecisionconcerningtheapprovaloftheadditional
ProtocoltotheConventionontheInternational CommissionfortheProtectionoftheElbe
(92/C287/11)
On10June1992,theCouncildecidedtoconsulttheEconomicandSocialCommittee,
underArticle130SoftheTreatyestablishingtheEuropeanEconomicCommunity,onthe
abovementioned proposal
TheEconomicandSocialCommitteeappointedMrGieseckeasRapporteur-General forits
Opinion.
Atits298thPlenarySession(meetingof1July1992),theEconomicandSocialCommittee
adoptedthefollowingOpinion.
anyparticipatesarecurrentlybeinggivenlegalperson­
ality,toenablethemtocarryouttheirtasksmore
effectively.TheplannedInternationalCommissionfor
theProtectionoftheOderwillhavelegalcapacityfrom
thestart.1.Introduction
1.1.On9December1991thecontractingparties
addedanadditionalProtocoltotheConventiononthe
International Commission fortheProtectionofthe
Elbe,ratifiedbytheCouncilon18November1991.
TheProtocolistobeapprovedbytheCouncil.
1.2.TheadditionalProtocolconferslegalperson­
alityandcapacityontheInternationalCommissionfor
theProtectionoftheElbe,toenableittocarryoutits
tasksmoreeffectively.
2.Generalcomments
2.1.Allexistingcommissionsforthepreventionof
waterpollutioninwhichtheFederalRepublicofGerm­3.Specificcomments
3.1.TheEconomicandSocialCommitteewelcomes
thisproposalasitwillfurtherimprovetheefficiency
oftheElbeProtectionCommission (!)whichtheCom­
mitteeconsiderstobeausefulbody.
(!)OJNoC191,22.7.1991.
DoneatBrussels,1July1992.
TheChairman
oftheEconomicandSocialCommittee
MichaelGEUENICH
26.7.93 OfficialJournaloftheEuropeanCommunities NoC201/21
OpinionontheagreementbetweentheEuropeanEconomicCommunityandtheRepublic
ofSloveniainthefieldoftransport
(93/C201/08)
On5April1993theCouncildecidedtoconsulttheEconomicandSocialCommitteeonthe
agreementbetweentheEuropeanEconomicCommunityandtheRepublicofSloveniainthe
fieldoftransport
TheSectionforTransportandCommunications ,whichwasresponsibleforpreparingthe
Committee'sworkonthesubject,adopteditsOpinionon12May1993.TheRapporteur
wasMrEulen.
Atits306thPlenarySession(meetingof26May1993)theEconomicandSocialCommittee
adoptedthefollowingOpinionunanimously .
1.ThetransportagreementbetweentheCommunity
andSloveniawassignedon5April1993.Attheendof
April1993theCouncilforwardedtotheCommittee
therequestforanOpinion,tobedeliverednolater
thanitsMayPlenarySession.
2.TheagreementbetweentheCommunityandSlov­
eniacoversimportantareasofcooperationinthefield
oftransport,transittrafficinparticular.Itappliespri­
marilytoroad,railandcombinedtransportandthe
relevantinfrastructure .Negotiationsoncooperationin
theseaandairtransportsectorsareplanned.
3.OnceagaintheCouncilisconsultingtheCom­
mitteeonanagreementwhichhasalreadybeensigned.
Underthesecircumstances—aswiththeOpinionson
theagreementbetweentheCommunityandYugoslavia
[Rapporteur :MrsBredimaSavopoulou (1)]andthetwo
agreementsintheformofanexchangeofletters
betweentheCommunityandtheRepublicofHungary
andtheCSFR[Rapporteur :MrEulen(2)1—theCom­mitteesOpinionisapureformalitysinceanyamend­
mentswhichitproposedcouldnotbetakeninto
accountanyway.
4.Asintheaforementioned Opinions,theCom­
mitteedeploresthisstateofaffairsanddeclinesto
commentontheagreementunderconsiderationhere.
Astheagreementtouchesonimportantmattersof
Communitytransportpolicyinrelationtonon-EC
countries,theCommitteewillissueasubstantiveOpin­
ioninduecourseinthecontextofotherreferrals,e.g.
whenitdrawsuptheInformationReportonrelations
betweentheCommunityandtheassociatedcountries
ofcentralandeasternEuropeortheOwn-initiative
OpiniononthesecondPan-EuropeanTransportCon­
ference.
5.TheCommitteeurgestheCommissionand
Counciltoresolvedefinitivelythecontroversyoverthe
useofArticle113orArticle75asalegalbase.Atall
eventstheCommitteecallsforareasonableconsul­
tationperiodwhichlogicallyshouldcomebeforethe
agreementissigned.IfinfuturetheCommitteeisagain
notconsultedingoodtime,ithasnointentionof
drawingupapurelyformal,expostfactoOpinion.(J)OJNoC40,17.2.1992,p.13.
(2)OJNoC313,30.11.1992,p.18.
DoneatBrussels,26May1993.
TheChairman
oftheEconomicandSocialCommittee
SusanneTIEMANN
Opinion on the proposal for a European Parliament and Council Directive amending for the second time Council Directive 88/344, of 13 June 1988, on the approximation of the laws of the Member States relating to extraction solvents used in the production of foodstuffs and food ingredients (1) (94/C 133/06)

On 18 January 1994 the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty establishing the European Economic Community, on the abovementioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 1 February 1994. The Rapporteur was Mr Gardner.

At its 313th Plenary Session (meeting of 23 February 1994), the Economic and Social Committee adopted the following Opinion unanimously.

In its previous Opinion (2) the Committee:

- regretted that insufficient tests had been done on cyclohexane;

- asked for further tests to be completed;

- asked for cyclohexane to be permitted as an extraction solvent as and when the Scientific Committee for Food (SCF) was satisfied with its safety-in-use.

The advice of the Committee has now been heeded by all the parties involved.

The Committee therefore approves the proposal, giving cyclohexane temporary approval and wants the further tests required by the SCF to be carried out as soon as possible.

Done at Brussels, 23 February 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN

(1) OJ No C 15, 18. 1. 1994, p. 17.

(2) OJ No C 223, 31. 8. 1992.
Opinion on the proposal for a European Parliament and Council Directive relating to the classification, packaging and labelling of dangerous substances - consolidated text (94/C 133/05)

On 20 January 1994 the Council decided to consult the Economic and Social Committee, under Article 100A of the Treaty establishing the European Economic Community, on the abovementioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 1 February 1994. The Rapporteur was Mr Hilkens.

At its 313th Plenary Session (meeting of 23 February 1994), the Economic and Social Committee unanimously adopted the following Opinion.

1. The sole purpose of the Commission proposal is to consolidate the existing Directive on the classification, packaging and labelling of dangerous substances. This Directive dates from 27 June 1967 and has since been amended 28 times.

The proposed consolidation is intended to help make the EC provisions in this field more accessible.

The explanatory memorandum to the proposal states that this is a legislative consolidation, i.e. the new Directive will replace the relevant existing Directives. The substance of the consolidated text accords completely with the texts adopted by the Council.

2. The Committee welcomes the Commission proposal because it contributes to the legibility of the rules adopted in the EC over recent years in this field. Since the Commission states that no substantive changes have been made to the existing Directives, the Committee approves the proposal.

3. Although this does not affect the content of the proposal, the Committee recommends that, for grammatical reasons, the Commission amend 'gestaaft' to 'gestaafd' in Article 19(1), line 9, page 26, of the Dutch version.

Done at Brussels, 23 February 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN
Opinion on the proposal for a Council Regulation (EC) amending Regulations (EEC) No 1035/72, (EEC) No 2240/88 and (EEC) No 1121/89 as regards the intervention threshold mechanism in the fresh fruit and vegetables sector () (95/C 236/17)

On 28 March 1995 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 4 May 1995. The Rapporteur was Mr Bento Gonçalves.

At its 326th Plenary Session (meeting of 31 May 1995), the Economic and Social Committee unanimously adopted the following Opinion.

1. The Committee endorses the proposed Regulation.

2. General Comments

2.1. The proposal is designed to adjust the intervention threshold mechanism and the steps for overruns to take account of the production of Austria, Finland and Sweden, following their accession to the EU.

2.1.1. The adjustment only concerns apples, tomatoes, cauliflowers and peaches which are produced in the new Member States.

2.2. The adjustment concerning apples will take effect in the 1994/1995 marketing year. For the other products, the adjustment will be made from 1995/1996.

3. Specific Comments

3.1. The Committee supports the proposal to amend the following Articles of the relevant Regulations:

a) Article 16(3a) of Regulation (EEC) No 1035/72;

b) Articles 1(3) and 2(3) of Regulation (EEC) No 1121/89;

c) Article 2(1) of Regulation (EEC) No 2240/88.

Done at Brussels, 31 May 1995.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 117, 12. 5. 1995, p. 9.
Opinion of the Economic and Social Committee on the 'Amended proposal for a Council Regulation (EC) laying down certain technical measures for the conservation of fishery resources' (consolidated version)

(96/C 153/12)

On 30 January 1996, the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 8 February 1996. The Rapporteur was Mr Muñiz Guardado.

At its 333rd Plenary Session (meeting of 28 February 1996), the Economic and Social Committee unanimously adopted the following Opinion.

The Committee approves the Commission's move to provide a consolidated version of Council Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources. This Regulation has been amended a number of times since it was first adopted.

The Committee notes that the present proposal amends an earlier proposal for a consolidated version which was issued on 20 June 1991 and which is still before the Council.

The Committee therefore calls on the Council to adopt the present proposal as soon as possible, in order to meet the need of those working in the sector to have legislation that is easy to read and consult.

Done at Brussels, 28 February 1996.

The President

of the Economic and Social Committee

Carlos FERRER
Opinion of the Economic and Social Committee on the 'Proposal for a Council Directive amending Directive 93/113/EC concerning the use and marketing of enzymes, micro-organisms and their preparations in animal nutrition` (97/C 133/09)

On 14 February 1997 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 6 February 1997. The rapporteur was Mr Colombo.

At its 343rd plenary session (meeting of 26 February 1997), the Economic and Social Committee adopted the following opinion by 96 votes to three with two abstentions.

The Committee notes the large number of applications submitted to the Commission by Member States by 1 January 1996, as required under Directive 93/113/EC of 14 December 1993, concerning the provisional use and marketing of enzymes, micro-organisms and their preparations in animal nutrition.

This is a delicate matter, and the Committee shares the Commission's concerns regarding the difficulty in making the requisite careful and thorough examination of such a large number of files. In the case of many of the files, further information has also had to be submitted within the twelve-month period laid down in Article 5 of the Directive (1 January 1996-1 January 1997).

The Committee therefore approves the Commission proposal to postpone until 1 January 1998 the date by which a decision will have to be taken on whether the products in question comply with the conditions laid down in Directive 70/524/EEC of 23 November 1970 as regards safety of use and effectiveness for authorization as an additive. However, such postponements should not become established practice.

Brussels, 26 February 1997.

The President of the Economic and Social Committee

Tom JENKINS
Opinion of the Economic and Social Committee on the 'Proposal for a Council Regulation (EC) amending Regulation (EC) No 1626/94 laying down certain technical measures for the conservation of fishery resources in the Mediterranean` (98/C 73/24)

On 6 October 1997 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Economic and Social Committee decided to appoint Mr Quevedo Rojo as rapporteur-general for its opinion.

At its 350th plenary session (meeting of 10 December 1997), the Economic and Social Committee adopted the following opinion with 75 votes in favour and two abstentions.

1. General comments

1.1. On 27 March 1996 the Committee adopted an opinion on an earlier proposal to amend Regulation 1626/94. The Committee approved the proposal, believing that it would promote rational fishing of bluefin tuna by surface-set longlines in the Mediterranean, in keeping with resources.

1.2. The earlier proposal entered into force as Council Regulation (EC) No 1075/96 on 10 June 1996, containing two articles amending Regulation 1626/94.

1.3. The present proposal seeks to implement two recommendations concerning bluefin tuna fishing in the Mediterranean, which the International Commission for the Conservation of Atlantic Tuna (ICCAT) adopted at its 10th extraordinary session held in San Sebastian, Spain from 22 to 29 November 1996. These recommendations are designed to round off those adopted previously.

2. Specific comments

2.1. Given that:

2.1.1. Two EU Member States (France and Spain) are members of the ICCAT, and have therefore already agreed to comply with the recommendations.

2.1.2. In March 1996 the Committee approved an earlier proposal to ban fishing of bluefin tuna by longliners greater than 24m in length during the period from 1 June to 31 July each year, because it felt that the proposal would promote a rational fisheries policy in keeping with resources.

2.1.3. The ICCAT has established two recommendations designed to reduce fishing to sustainable levels, and these recommendations are appropriate in view of the worrying state of bluefin tuna stocks.

2.1.4. The Committee approves the Commission proposal.

3. Conclusions

3.1. The Committee recommends that the European Union and the countries directly concerned establish control mechanisms to ensure that the measures set out in the proposal are applied properly, as regards both fishing methods and the size of the fish landed.

3.2. It is important that the protocol under which the EU acceded to the ICCAT enter into force as soon as possible: the countries which have not yet ratified it should do so.

3.3. Cooperation measures must be adopted to further the implementation of the ICCAT recommendation in relation to a long term recovery plan for bluefin tuna in the Mediterranean.

Brussels, 10 December 1997.

The President of the Economic and Social Committee

Tom JENKINS
Opinion of the Economic and Social Committee on the "Proposal for a European Parliament and Council Directive amending Directive 95/2/EC on food additives other than colours and sweeteners"

(2000/C 51/06)

On 6 October 1999 the Council decided to consult the Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 15 November 1999. The rapporteur was Mr Wilkinson.

At its 368th plenary session on 8 and 9 December 1999 (meeting of 9 December), the Economic and Social Committee adopted the following opinion by 102 votes to one with four abstentions.

1. Introduction

1.1. Directive 95/2/EC is based on the principle of the positive list. It contains a list of authorised food additives, the foodstuffs in which they may be used and the conditions for their use. This arrangement ensures transparency and food safety, thus allowing free trade in foodstuffs throughout the EU.

1.2. Additives not listed may not be used in foodstuffs, although new additives may be authorised for use for a period of 2 years by any Member State on its own territory. If, during this period, the Commission proposes that the additives in question should be authorised at EU level, their use is allowed for an additional 18 months to allow for the necessary legislative changes.

1.3. The amendment proposed would be the third amendment to the original Directive 95/2/EC. It includes both new additives and new applications for some additives that are already authorised.

2. Comments

2.1. The Committee notes that some of the substances covered by this amendment have uses other than additives, but these uses are not considered in this opinion.

2.2. The Committee also notes that the Commission has already evaluated the technical needs of all the additives proposed. The Scientific Committee on Food has examined their food safety and allocated Acceptable Daily Intakes (ADIs) that are satisfactory for the proposed uses.

2.3. The Committee therefore supports the proposal.

Brussels, 9 December 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI
Opinion of the Economic and Social Committee on the "Proposal for a European Parliament and Council Regulation amending Council Regulation (EC) No 820/97, establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products"

(2000/C 51/21)

On 12 November 1999 the Council decided to consult the Economic and Social Committee, under Article 152 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Economic and Social Committee decided to appoint Mr David Evans as rapporteur-general with the task of preparing the Committee's work on the subject.

At its 368th plenary session (meeting of 9 December 1999), the Economic and Social Committee adopted the following opinion by 40 votes to one with four abstentions.

1. General remarks

Council Regulation (EC) No 820/97, establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products, lays down that a compulsory beef labelling system shall be introduced from 1 January 2000 onwards. The new proposal by the Commission provides for a delay of the introduction of the compulsory beef labelling rules beyond the start of next year - deferring limited labelling rules not later than 1 January 2001 and full rules until the start of 2003. There are two practical reasons for this postponement: Firstly, the European Court of Justice will shortly rule on the legal base of Regulation (EC) No 820/97 as the Commission and the European Parliament consider Article 152 of the amended Treaty and not the former Article 43 as being the correct base (co-decision rather than consultation). Secondly, the full databases which are central to the labelling requirements are not in place in all Member States and systems compatible with the rules are not likely to be functioning properly in some Member States in the near future. Consequently, the procedures for the adoption of that regulation will not be completed before 1 January 2000.

The object of this present proposal is, therefore simply to extend the existing voluntary labelling system, up to a maximum of one year, until compulsory rules enter into force. This will avoid a legal vacuum which would otherwise be created, and which would cause confusion for suppliers and consumers alike.

2. Special remarks

The Committee considers the compulsory beef labelling as a very important instrument to maintain and strengthen consumer confidence in the beef sector. In that sense, it very much regrets the postponement. For the practical reasons mentioned above, however, it supports the proposal to delay the introduction of the compulsory beef labelling rules and urges the decision making bodies to adopt the system as soon as possible.

Brussels, 9 December 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI
Opinion of the Economic and Social Committee on the "Proposal for a Council Directive amending Directive 77/388/EEC on the common system of value added tax - transitional provisions granted to the Republic of Austria and the Portuguese Republic"

(2000/C 75/09)

On 13 January 2000 the Council decided to consult the Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Economic and Social Committee decided to appoint Mr Mario Sepi as rapporteur-general responsible for drawing up the Committee's work on the subject.

At its 369th plenary session (meeting of 26 January 2000), the Economic and Social Committee adopted the following opinion by 84 votes to one with three abstentions.

1. The Committee endorses the Commission's proposal to grant the Republic of Austria an extension of the provision which, by derogation from Article 28(2) of the Sixth VAT Directive (77/388/EEC), allowed it to apply up to 31 December 1998 a reduced rate to the letting of immovable property for residential use.

1.1. The Committee takes note of the reasons adduced by the Republic of Austria in requesting this extension (limited in any case to the transitional period laid down in Article 28(13) of the Sixth VAT Directive) and shares the Commission's opinion that the risk of distortion of competition in the letting of immovable property for residential use should be regarded as non-existent.

2. The Committee also endorses the Commission proposal to grant the Portuguese Republic an extension of the provision (also derogating from Article 28(2) of the Sixth VAT Directive) permitting it to apply a reduced rate to restaurant services up to 31 December 1991.

2.1. The Committee regards as valid the arguments put forward by the Portuguese Republic for reintroducing the reduced rate (limited to the transitional period laid down in Article 28(13) of the Sixth VAT Directive). Like the Commission, the Committee regards the risk of distortion of competition in restaurant services as non-existent, since the measure is confined to one Member State.

Brussels, 26 January 2000.

The President

of the Economic and Social Committee

Beatrice Rangoni Machiavelli