11.5.  77 Official  Journal  of the European  Communities No C 114/29 
Opinion  on the proposal  for a Council  Directive  relating  to the quality  requirements 
for waters  favourable  to shellfish  growth 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 283  of 30 November  1976,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 15 November  1976  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Articles  100  and  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 
147th  plenary  session,  held  in Brussels  on 30 and  31 March  1977. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community  and,  in particular, 
Articles  100  and  198  thereof, 
Having  regard  to the  request  for  an opinion  made 
by the  Council  of the  European  Communities  on 
15 November  1976, 
Having  regard  to the  Decision  taken  by its Bureau 
on 23 November  1976,  instructing  the  Section  for 
Agriculture  to prepare  its work  on the matter, 
Having  regard  to the report  made  by the rapporteur, 
Mrs Evans, 
Having  regard  to the opinion  issued  by the Section 
for Agriculture  at its meeting  on 3 March  1977, 
Having  regard  to the discussions  at its plenary  session 
held on  30  and  31  March  1977  (meeting  of 
30 March), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
The Committee  approves  the proposal,  subject  to the 
comments  set out below. 
1. General  comments 
1.0. The  Committee  acknowledges  that  the 
Commission's  proposed  Directive  satisfies  the  aim 
of preventing  and  combating  water  pollution  where 
naturally-occurring  shellfish  beds  or shellfish  farming is extensive  and  exploited  for human  consumption. 
Indirectly  the Directive  will  lead  to better  protection 
for the consumer,  which  the Committee,  in any  case, 
still believes  to be insufficient. 
1.1. The  Commission  expressly  admits  in the 
proposed  Directive  that  problems  in connection  with 
the human  consumption  of shellfish  have  been 
considered  solely  in terms  of tainting  by certain 
substances. 
1.2. The  Committee  stresses  that  a wider  range  of 
measures  is needed  in order  to protect  people 
consuming  shellfish.  It therefore  urges  that  the 
Commission  draft,  with  a minimum  of delay, 
proposals  designed  to make  sure  that  shellfish  coming 
on to the market  are perfectly  healthful,  irrespective 
of whether  they  come  from  Community  water  or are 
imported  from  outside. 
1.3. The  Committee  points  out that  consumers  are 
keen  not only  on having  a healthful  product,  but also 
on seeing  the  continuance  of shellfish  farming. 
Accordingly  it urges  the Commission  to look  into  all 
the measures  that  must  be applied  in order  to secure 
optimum  conditions  for  shellfish,  and  optimum 
returns. 
1.4. The  Committee  considers  that  the  proposed 
measures  would  be  more  likely  to be  applied 
effectively  were  the Directive  to expressly  require  the 
Member  States  to notify  to the  Commission  their 
respective  'areas  favourable  to shellfish  growth', 
'reference  areas'  and  values  for  physical,  chemical 
and bacteriological  parameters  applicable  to the 
water  in shellfish-growing  areas.  Ways  and  methods 
should  be found  to evaluate  and  compare  the data 
collected  in the  Member  States  with  the  view  to 
improving  water  quality  objectives  for shellfish. 
No C 114/30 Official  Journal  of the European  Communities 11. 5. 77 
2. Specific  comments 
2.0. Article  1 (2) (c) 
The Committee  notes  the  Commission's  statement 
that the  expression  'meteorological  and  geographical 
conditions'  should  be construed  broadly  and  therefore 
cover  'hydrological  conditions'. 
2.1. Article  2 
In the  light  of its statement  in 1.4,  the  Committee 
considers  that  Article  2 ought  to be worded  better  so 
as to make  it compulsory  for  the Member  States  to 
inform  the Commission  about  the  measures  adopted 
to put  the Directive  into  effect. 
2.1. Article  4 
The Committee  wonders  whether  the  Commission's 
proposed  deadline  of five  years,  by  which  the 
Member  States  have  to take  'all  necessary  measures 
to ensure  that  the  quality  requirements  of waters 
favourable  to shellfish  growth  conform  to the 
parametric  values'  prescribed  in the  Directive,  is 
appropriate  and  adequate  for all the Member  States. 
Done  at Brussels,  30 March  1977. The Committee  draws  the Commission's  attention  to 
the problem  of coastal  pollution  in international 
waters  and  river-borne  pollution,  and  urges  it to 
formulate  appropriate  proposals. 
2.2. Article  6 (2) 
The Committee  suggests  that  Article  6 (2) be amended 
to read: 
'2. The  samples  shall  be  taken  in the  areas 
favourable  to shellfish  growth  at the depth  of 
water  where  the density  of shellfish  is highest, 
except  for  temperature,  which  shall  be 
measured  1 metre  below  the  surface,  and 
sampling  for  hydrocarbons,  which  shall  be 
effected  in such  a manner  as to permit  the 
analyses  to be carried  out  that  are  stipulated 
in item  7 of the Annex'. 
2.3. Annex:  second  parameter  — temperature  °C 
2.3.1.  The  Committee  suggests  that  the  first 
sentence  of item  2 in column  I should  be amended  as 
follows: 
'The  water  temperature  at 1 metre  from  the 
surface  must  not  differ  by more  than  2 °C from 
that of the  reference  area'. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the  laws  of 
the Member  States  relating  to the  ranges  of nominal  quantities  permitted  for  certain 
prepackaged  products 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 193  of 18. August  1976,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 3 August  1976  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 
147th  plenary  session,  held  in Brussels  on 30 and  31 March  1977. 
The full  text  of the opinion  is as follows: