28. 5. 79 Official  Journal  of the European  Communities No C 133/19 
of temporary  importation  to six  months,  with  no 
possibility  of extension. 
The Committee  therefore  proposes  deleting  the second 
subparagraph  of Article  22, which  would  bring  such 
transactions  under  the  general  provisions  of the 
Regulation  (a maximum  period  of two  years,  where 
necessary).  It suggests  that  the  end  of the  first 
subparagraph  should  be amended  to read: 
'where  the transactions  concerned  have  no economic 
effect  and are not expressly  dealt  with  elsewhere.' 
2.18.  Article  24 (1) 
The Committee  approves  the setting  up of Community 
arrangements  for temporary  importation  with  partial 
payment  of duty  pro rata  temperis. 
However,  the percentage  laid  down  (3%  per  month) 
would  result  in a total  payment  of duty  for a stay  of 
about  two  years  and  nine  months. 
This period  of under  three  years  presents  no problems  in 
the case  of public  works  materials,  which  have  a short 
useful  life. But it is a short  time  for most  other  materials, 
for which  the depreciation  period  is generally  five  years. 
Two  categories  of materials  should  therefore  be 
established  for  calculating  the  amount  of partial 
payment. principle  of equal  treatment  requires  that  this  should 
apply  not  only  where  the charge  is too low  but  also 
where  it is too high.  Article  24 (2) should  therefore  be 
deleted. 
2.19.  Article  26 
The Committee  once  again  expresses  its regret  that  the 
most  useful  measures  have  been  deferred  indefinitely. 
2.20.  Article  27(1) 
The first  line  of this  paragraph  should  be amended  to 
read as follows:  'The  temporary  importation  operation 
shall  terminate  when,  in accordance  . . 
Article  27 (2) 
The first  line  of this  paragraph  should  be amended  to 
read as follows:  'The  temporary  importation  operation 
shall  be regarded  as terminated  upon  . . 
2.21.  Article  29 (1) 
The first  line  should  read:  'Where  waste  goods 
resulting  from  duty  authorized  destruction  are  not 
re-exported  ...'. 
Article  24 (2) 
If it is to be possible  to adjust  the standard  percentage  in 
the light  of the  goods'  real  diminution  in value,  the 2.22.  Article  30 
The first  line of the first  paragraph  should  be amended  to 
read as follows:  'The  temporary  importation  operation 
shall  be regarded  as terminated  if on ...'. 
Done  at Brussels,  21 February  1979. 
The Chairman  of 
the Economic  and  Social  Committee 
Fabrizia  BADUEL  GLORIOSO 
Opinion  on the  proposal  for  a Council  Regulation  for  a Community  aid  system  for 
intra-Community  trade  in power  station  coal 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 243  of 13 October  1978,  page  3. 
No C 133/20 Official  Journal  of the European  Communities 28. 5. 79 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 9 October  1978  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Article  235  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 166th 
plenary  session  held  in Brussels  on 21 and  22 February  1979. 
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  Article  235 
thereof, 
Having  regard  to the request  made  by the Council  of the 
European  Communities  on 9 October  1978  for  an 
opinion, 
Having  regard  to the decision  taken  by its Bureau  on 
18 October  1978  instructing  the Section  for Energy  and 
Nuclear  Questions  to draw  up an opinion  and  a report 
on the matter, 
Having  regard  to the opinion  adopted  by the Section  for 
Energy  and  Nuclear  Questions  at its 46th  meeting  held 
on 2 February  1979, 
Having  regard  to the report  submitted  by the rapporteur, 
Mr Gormley, Whereas  the Commission  described  one of the proposals 
in outline  on 22 February  1978  concerning  a financial  aid 
system  for intra-Community  trade  in power  station  coal; 
Whereas  the  plan  was  designed  to improve  the 
conditions  of competition  under  which  Community 
steam  coal  is produced,  and thus  help  ensure  Community 
energy  supplies  in the long  term; 
Whereas  the  Committee  gave  its opinion  on  this 
communication  on 12 July  1978  C) in which  it gave 
broad  approval  to the  scheme  as outlined  by the 
Commission; 
Whereas  the Commission  has now  drawn  up a formal 
proposal  for this aid system, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
Having  regard  to the discussions  at its 166th  plenary 
session  held  on 21 and  22 February  1979  (meeting  of 
22 February), 
Whereas  the Community's  energy  policy  objectives  aim 
to maintain  annual  Community  coal  production  at a 
level  of 250  million  tonnes  in 1985; 
Whereas  since  the adoption  of these  objectives,  there  has 
been  a marked  deterioration  in the short-term  economic 
conditions  under  which  Community  coal  is produced 
accompanied  by a 50%  increase  in imports  from  third 
countries,  a build  up  of producer  stocks  to an 
unacceptably  high  level,  and  threatened  cutbacks  in 
Community  coal  production  capacity; 
Whereas  the  Commission  has  already  submitted  a 
number  of specific  proposals  to help  attain  the 
production  target; 1. General  comments 
1.1. The  Committee  warmly  welcomes  the 
Commission's  proposal.  It notes  that  it is less ambitious 
than that  earlier  outlined  by the Commission. 
1.2. The  Committee  believes  that  the  scheme  will 
make  a small  but  useful  contribution  towards  the 
achievement  of the  Community's  coal  production 
targets,  thereby  helping  to ensure  Community  energy 
supplies  in the long  term.  It believes  that  the scheme, 
together  with  the  other  measures  proposed  by the 
Commission  in the  coal  sector,  must  be seen  in the 
context  of Community  measures  to develop  all sources 
and forms  of energy.  These  measures  must  pave  the way 
for an overall  energy  policy  even  where  the latter  does 
not yet exist. 
H OJ  No C 269,  13.  11. 1978,  p. 11. 
28. 5. 79 Official  Journal  of the European  Communities No C 133/21 
1.3. The  Committee  considers  that  the  measure  is 
needed  at this  time  in order  to help  prevent  a further 
deterioration  of the position  of the coal  industry  and  to 
avoid  the danger  of irreversible  closures  of production 
capacities  which  are not in the Community  interest  and 
which  involve  the loss of jobs  not compensated  for by the 
creation  of new  employment. 
1.4. It  notes  that  national  governments  have  already 
taken  extensive  measures  which  represent  a considerable 
burden  on their  budget  to maintain  coal  production  and 
disposals.  It considers  that  the  proposed  Community 
scheme  can act as a useful  complement  in reducing  the 
financial  losses  incurred  by the undertakings  in supplying 
power  station  coal  in intra-Community  trade.  It stresses 
however  that  this  will  only  be achieved  if the aid to the 
coal industries  provided  by national  governments  is not 
reduced  as a consequence  of the Commission's  proposal 
being  adopted,  unless  the aid per tonne  from  all sources 
exceeds  the  actual  losses  being  incurred  by  coal 
undertakings. 1.5. The  Committee  regrets  that  the Council  has not 
yet adopted  the specific  measures  on energy  and  coal 
policy  already  put  forward  by the  Commission  and 
supported  by the Economic  and  Social  Committee.  It 
believes  that  these  measures  should  now  be adopted  for 
the reasons  outlined  above. 
1.6. The  Committee  considers  that  the proposed  new 
system  should  not lead  to additional  financial  charges  for 
producers  and  consumers  of the  various  sources  of 
energy. 
1.7. Taking  a longer  term  view,  the  Committee 
considers  that,  in order  to encourage  the wider  use of 
coal,  sight  should  not be lost  of the need  to set up the 
infrastructures  required  for the development  of the coal 
trade,  including  the  modernization  of coal  utilizing 
industrial  and  power  plant,  and  a programme  for the 
building  of coal-fired  power  stations  and the conversion 
of oil-fired  stations  to dual  firing  i.e. coal  and oil. 
1.8. The  Committee  approves  the aim of the proposal 
and the specific  arrangements  contained  within  it. 
Done  at Brussels,  22 February  1979. 
The Chairman  of 
the Economic  and  Social  Committee 
Fabrizia  BADUEL  GLORIOSO 
Opinion  on the proposal  from  the Commission  to the Council  concerning  a second  four-year 
energy  research  and  development  programme 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 228  of 26 September  1978,  page  4. 
A. LEGAL  BASIS  FOR  THE  OPINION  • 
On 25 August  1978  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Article  235  of the Treaty  establishing  the European 
Economic  Community.