4. 3. 76 Official  Journal  of the European  Communities No C 50/5 
Opinion  on the proposal  for a Council  Regulation  amending  Council  Regulation  (EEC) 
No 1463/70  of 20 July  1970  on the  introduction  of recording  equipment  in road 
transport 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 267  of 21 November  1975,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 10 November  1975  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Article  75 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 
136th  plenary  session,  held  in Brussels  on 28 and  29 January  1976. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  for an opinion  made  by 
the Council  of the  European  Communities  on 10 
November  1975, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  75 thereof, 
Having  regard  to Council  Regulation  (EEC)  No 
1463/70  of 20 July  1970  on the  introduction  of 
recording  equipment  in road  transport  (1), 
Having  regard  to the  opinion  on that  Regulation 
delivered  by the Economic  and  Social  Committee  on 
26 February  1970  (2), 
Having  regard  to the decision  taken  by its Chairman 
on 14 November  1975  under  Article  22 of the Rules 
of Procedure  instructing  the  Section  for  Transport 
and Communications  to draw  up an opinion  on the 
matter, 
Having  regard  to the  opinion  issued  by the Section 
for Transport  and  Communications  at its 102nd 
meeting,  held  on 14 January  1976, 
Having  regard  to the  report  submitted  by  the 
rapporteur,  Mr de Vries  Reilingh, 
(!) OJ  No L 164,  27. 7. 1970,  p. 1. 
H OJ  No C 36, 28. 3. 1970,  p. 28. Having  regard  to the discussions  at its 136th  plenary 
session  held  on 28 and  29 January  1976  (meeting  of 
28 January  1976), 
Whereas  application  of  Regulation  (EEC)  No 
1463/70  of 20 July  1970  has brought  to light  certain 
shortcomings  in that  legal  instrument;  whereas 
amendements  are  necessary  in order  to facilitate 
correct  and  uniform  interpretation  of the Regulation 
and take  account  of the  practical  requirements 
revealed  by experience  since  1970  in the construction 
and use of recording  equipment; 
Whereas  by and  large,  the proposed  amendments  do 
not affect  the construction  requirements  laid  down  in 
Regulation  (EEC)  No 1463/70  of 20 July  1970; 
Whereas  the few  technical  amendments  proposed  are 
designed  to relax  present  requirements  to some 
extent  and  do not affect  type  approval  granted  on the 
basis  of the current  Regulation, 
HAS  ADOPTED  THE  FOLLOWING  OPINION: 
by a majority  vote,  with  one  vote  against  and  three 
abstentions: 
1. The  Committee  approves  the  Commission's 
proposal  subject  to the  comments  set out  below.  It 
notes  that  the proposal  is intended  primarily  to make 
No C 50/6 Official  Journal  of the European  Communities 4. 3.76 
Regulation  (EEC)  No 1463/70  of 20 July  1970  easier 
to interpret,  and  to take  account  of practical 
requirements  based  on experience  acquired  in the 
construction  and use of recording  equipment. 
2. The  Committee  also  approves  the innovations 
proposed  by the Commission,  viz.  a procedure  for 
settling  disputes  concerning  defects  in recording 
equipment  or record  sheets  (Article  4),  and  a 
committee  for the continuous  adaptation  of the basic 
Regulation  to technical  progress  (Article  7). 
2.1. As  far as the procedure  for settling  disputes  is 
concerned,  the Regulation  should  make  provision  for 
disputes  involving  more  than  two  Member  States. 
2.2. The  Committee  can approve  the setting-up  of 
the committee  provided  for in Article  7 only  if it is to 
deal exclusively  with  adaptation  to  technical 
progress.  This  committee  should  not be empowered 
to take  stands  on questions  of principle.  It is 
primarily  the interested  parties  and the Economic  and 
Social  Committee  which  should  be consulted  on 
questions  of principle. 3. As  regards  Article  5, the Committee  thinks  that 
it is not in keeping  with  the purpose  of this  Article  to 
require  that  'new'  equipment  of the  right  type  be 
provided.  The  equipment  provided  must  conform  to 
the maximum  tolerances  laid  down  in Regulation 
(EEC)  No  1463/70  (Annex  I, Chapter  III (f)). 
Consequently,  'new'  can be deleted. 
3.1. In  addition,  the Committee  proposes  that  it be 
made  clear  in Article  5 that  applications  for EEC 
approval  are  to be submitted  to the  body  which 
tested  and  approved  the relevant  type  of recording 
equipment. 
4. During  the  Committee's  discussion  of the 
proposed  amendments  of  a  technical  and 
technological  nature,  questions  of principle  were 
raised  which  it does  not wish  to go into  in detail  at 
the present  stage.  The  Committee  notes  the 
Commission's  intention  to  make  a thorough 
examination  of  both  technical  questions  and 
questions  of principle  and,  if need  be,  propose 
amendments.  The  Committee  would  like  to be 
consulted  on any such  amendments. 
Done  at Brussels,  28 January  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for a Council  Regulation  amending  Council  Regulation  (EEC) 
No 517/72  of 28 February  1972  on the introduction  of common  rules  for regular  and 
special  regular  services  by coach  and bus between  Member  States 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 279 of 6 December  1975,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 3 November  1975  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and Social  Committee  in accordance  with  Article  75 of the Treaty  establishing 
the European  Economic  Community.