No C 171/28 Official  Journal  of the European  Communities 9. 7. 79 
Having  regard  to the  discussions  at its 167th  plenary 
session,  held  on 4 and  5 April  1979  (meeting  of 4 April 
1979), 
Whereas  containers  have  not  so far  posed  any  major 
safety  problems  at international  level; 
Whereas,  nevertheless,  the fear  that  certain  States  might 
adopt  container  safety  rules  unilaterally,  which  could 
have  repercussions  on the  movement  of containers  and 
the goods  contained  therein  —  and  hence  on 
international  trade  — prompted  the  United  Nations 
Inter-Governmental  Maritime  Consultative 
Organization  (IMCO)  to draft  a convention,  which  was 
concluded  in Geneva  on 2 December  1972  under  the 
title of 'International  Convention  for  Safe  Containers' 
(CSC); 
Done  at Brussels,  4 April  1979. Whereas  the  Convention  has  been  open  for  accession 
since  15 January  1973;  whereas  it entered  into  force  on 
6 September  1977,  after  the  requisite  number  of 
countries  had  acceded, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
The Committee  welcomes  the Commission's  document, 
in which  it is recommended  that  Member  States  should 
ratify  the International  Convention  for Safe  Containers, 
if they  have  not  yet done  so or accede  thereto  before  1 
January  1980. 
The Chairman 
of the Economic  and  Social  Committee 
Fabrizia  BADUEL  GLORIOSO 
Opinion  on the proposal  for a Council  Regulation  amending  Regulation  (EEC)  No 1191/69 
on action  by Member  States  concerning  the obligations  inherent  in the concept  of a public 
service  in transport  by rail,  road  and  inland  waterway  and  Regulation  (EEC)  No 1107/70 
on the granting  of aids  for transport  by rail,  road  and  inland  waterway 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the European 
Communities  No  C 139  of 14 June  1978,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 6 June  1978,  the  Council  referred  the abovementioned  proposal  to the  Economic  and 
Social  Committee  in accordance  with  Articles  75 and  94 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 167th 
plenary  session,  held  in Brussels  on 4 and  5 April  1979. 
The full  text  of the opinion  is as follows: 
9. 7. 79 Official  Journal  of the European  Communities No C 171/29 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the European 
Economic  Community  and,  in particular,  Articles  75 
and 94 thereof, 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 6 June  1978  for  an 
opinion, 
Having  regard  to the decision  taken  by its chairman  on 
10 August  1978,  instructing  the Section  for Transport 
and Communications  to prepare  an opinion  on the 
matter, 
Having  regard  to Article  29 of the Rules  of Procedure, 
Having  regard  to the  oral  report  made  by  the 
rapporteur,  Mr van  Rens, 
Having  regard  to the opinion  issued  by the Section  for 
Transport  and  Communications  at its 125th  meeting, 
held on 14 March  1979, 
Having  regard  to the  discussions  at its 167th  plenary 
session,  held  on 4 and  5 April  1979  (meeting  of 4 April 
1979), 
Whereas  the  definition  of tariff  obligations  set out  in 
Article  2 (5) of Council  Regulation  (EEC)  No 1191/69 
of 26  June  1969  on  action  by  Member  States 
concerning  the obligations  inherent  in the concept  of a 
public  service  in transport  by rail,  road  and  inland 
waterway  (*) does  not  include  all the  elements  which 
could  be termed  tariff  obligations  inherent  in the 
concept  of a public  service; 
Whereas  Council  Regulation  (EEC)  No  1107/70  of 
4 June  1970  on the  granting  of aids  for transport  by 
rail, road  and  inland  waterway  (2), as amended  by 
Regulation  (EEC)  No  1473/75,  therefore  lays  down 
provisional  arrangements  pending  the  adoption  of 
Community  regulations  in respect  of tariff  obligations 
not covered  by Regulation  (EEC)  No 1191/69; 
Done  at Brussels,  4 April  1979. Whereas  the adoption  of comprehensive  and  definitive 
rules  regarding  tariff  obligations  within  the meaning  of 
Regulation  (EEC)  No 1191/69  arises  in particular  from 
the need  to improve  the  transparency  of financial 
intervention  by  States  in  favour  of  railway 
undertakings; 
Whereas  the  Commission  thinks  that  the  tariff 
obligations  referred  to in Article  2 (5) of Regulation 
(EEC)  No  1191/69  should  therefore  be widened  to 
include  the obligation  for undertakings  to comply  with 
a general  level  of tariffs,  which  is contrary  to their 
commercial  interests  and  fixed  or approved  by any 
public  authority; 
Whereas  Article  2 of Regulation  (EEC)  No 1191/69  and 
Article  3 of Regulation  (EEC)  No  1107/70  should 
therefore  be amended  accordingly, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
1. Whether  or not  the  Commission's  proposal  is 
adopted  will  not,  at present,  have  any  effect  on 
conditions  in goods  traffic  in some  Member  States. 
2. Seen  in the context  of the Community's  transport 
policy  (the  purpose  of which  is to put the railways  on a 
sound  financial  footing  and  make  the  conditions  of 
competition  transparent),  the proposal  could  be said  to 
be a positive  measure.  It would,  in fact,  contribute 
towards: 
— increasing  the  transparency  of the  compensation 
granted  (and  of financial  relations), 
— facilitating  a more  rational  approach  to the question 
of public  service  obligations  in view  of the fact  that 
deficits  are  not  made  up automatically  but  that 
compensation  is granted  on  the  basis  of the 
difference  between  commercial  tariffs  and the tariffs 
called  for by the Governments. 
The Chairman 
of the Economic  and  Social  Committee 
Fabrizia  BADUEL  GLORIOSO 
(*) OJ  No L 156,  28. 6. 1969,  p. 1. 
(2) OJ  No L 130,  15. 6. 1970,  p. 1.