No C 328/12 Official Journal of the European Communities 22. 12. 86 
data banks, recording of telephone data, automatic 
speech recognition, monitoring of TV viewing). On the 
other hand, these networks will also make it technically 
possible to improve the protection of personal data. 
3.6.1. The Committee advocates more information 
from the relevant bodies and more public discussion on 
this subject so that the public's fears and mistrust 
can be dispelled and the requisite legal basis for the 
protection of privacy and personal data can be 
improved. The political feasibility of the new openings 
created by the ISDN will also depend on these matters 
being settled. The more intensive marketing campaign 
called for in the recommendation should cover this 
aspect more fully at a very early stage, on the basis of 
sound legal and social provisions. 3.6.2. On the other hand, the Committee considers 
that advanced integrated services networks will, for 
example, help to improve crime-detection methods and 
protect natural resources (e.g. saving of paper due to 
the use of electronic catalogues and records, long-term 
conservation of energy due to the replacement of TV 
transmitters, replacement of copper by silicon). These 
aspects should also be borne in mind in the marketing 
plans. 
3.7. The Committee, like the Commission, sees a 
close link between the acceptance of the new services 
and the fixing of charges. During the switchover from 
the analogue to the digital network, the present level 
of charges should be maintained in principle despite the 
need for more investment. An unjustifiable increase in 
charges is likely to stifle demand considerably and make 
it difficult to reduce unit costs by producing terminals 
in large quantities. 
Done at Brussels, 17 September 1986. 
The Chairman 
of the Economic and Social Committee 
Gerd MUHR 
Opinion on the proposal for a Council Directive amending Directive 85/611/EEC as regards 
jurisdiction in disputes arising from the marketing of units of undertakings for collective 
investment in transferable securities (UCITS) (*) 
(86/C 328/06) 
The Council decided on 7 May 1986 to ask the Economic and Social Committee, under 
Article 198 of the Treaty establishing the European Economic Community, for an opinion 
on the abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for the 
preparatory work, adopted its opinion on 9 July 1986 (rapporteur: Mr De Bruyn). 
At its 239th plenary session (meeting of 17 September 1986), the Economic and Social 
Committee adopted unanimously the following opinion: 
The Committee approves the proposal, subject to the 
following comments: 
1. Under Section VIII of the Council Directive of 
20 December 1985 coordinating the laws, regulations 
and administrative provisions concerning certain under-
(!) OJ No C 129, 28. 5. 1986, p. 5. takings for collective investment in transferable securi­
ties (UCITS), such organisations had certain obligations 
to carry out in Member States other than that in which 
they were situated when marketing their units in those 
states. A purchaser of UCITS units may bring disputes 
relating to compliance with the provisions contained in 
Section VIII before the relevant court in the country 
where the UCITS' head office is located under Article 2 
of the Brussels Convention of 27 September 1968 on 
jurisdiction and the enforcement of judgments in civil 
22.1286 C^fficial]ournal of the European Communities ^oC328^13 
and commercial matters between the member States of 
the European Economic Community. 
2. Apurchaser of UClTSunitsmayalso bring the 
matter before the courtsofhisorherown. domicile 
under Articled (1) of the same Convention, which 
provides for this possibility before the courts of the 
place where a contractual obligation in dispute has 
been, or is to be, performed. AsSection Vlll of the 
Loirective of 20 Loecember 1985 lays down that UC1TS 
must carry out certain obligations in any Aiember State 
where their units are marketed, it is clear that this 
clause in the Brussels Convention may be invoked. 
Loone at Brussels, 17 September 1986. 
COpm^onom 
1. Lhe Committee welcomes the Commission'spro 
posals. It is of the view that goods will move more 
efficiently and freely within the Community if the num 
^o^eMem^^Bm^D.^ 3. The Committee is pleased that the proposal also 
allows disputes to bebrought before thecourts in a 
member State where units have been acquired,which 
may beastate other than that in which the UC1PS has 
its headquarters or the purchaser his or her domicile. 
^. But it should be pointedout that the first para 
graph of Article^8a only applies if the UCPTS has 
marketed its units,within the meaning of SectionVHl 
ofthef0irectiveof20l0ecemberl985,intheAiember 
State where the units were acquired. 
5. The Committee considers that the proposal does 
not apply if the units were acquired on a stock 
exchange. C^fcourse,while the stockbroker is an agent 
within the meaning of commercial law,whenapurchase 
ismadeonastocke^changethepurchaserdoesnot 
know who the other party is. 
o^r^^o^o^^^^^o^^Co^^rr^ 
ber of technical and administrative checks at frontiers 
is reduced and crossings made easier for carriers. 
2. In the Committee's opinion the proposals will 
help to reduce witingtimesconsiderably for hauliers 
and their vehicles at the Community'sinternal frontiers 
and to alleviatecustoms formalities at most internal — the proposal foraCouncil directive amending directive 83Bi8iBEEC determining the 
scope of Articlel^(i) (d)ofl0irective77B3^8BEEC as regards exemption from value 
added ta^ on the final importation of certain goods(^) 
and 
— the proposal foraCouncilL^irective amending directive 68B297BEEC on the standardiza­
tion of provisions regarding the dutyfree admission of fuel contained in the fuel tanks 
ofcommercial motor vehicles^) 
(86^C328B07) 
C0nl8]ulyl986 the Council decided to consult the Economic and Social Committee, under 
Articles 75 and 100 of thelreaty establishing the European Economic Community,on the 
abovementioned proposals. 
TheSectionforLransportandCommunications, which was responsible for preparing the 
Committee'swork on the subject, adopted its opinion on 10 Septemberl986 in the light of 
the report by Air Binnenbruck. 
At its 239th plenary session (meeting of 17 September 1986), the Economic and Social 
Committee adopted the following opinion unanimously^