15.7.82 Official Journal of the European Communities No C 178/13 
Opinion on the 1982 programme for the attainment of the customs union 
The text referred to the Committee has been published in Official Journal of the Euro­
pean Communities No C 80 of 31 March 1982, page 1. 
A. LEGAL BASIS FOR THE OPINION 
At its 196th plenary session held on 24 March 1982 the Committee, acting on a pro­
posal from the Bureau, decided to deliver an opinion on the abovementioned subject 
on its own initiative. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
197th plenary session held in Brussels on 28 and 29 April 1982. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to Article 20 (4) of the Rules of Pro­
cedure of the Economic and Social Committee, 
Having regard to its decision of 24 March 1982, fol­
lowing a proposal from its Bureau, to deliver on its 
own initiative an opinion on the 1982 programme 
for attainment of the customs union, and instructing 
the Section for Industry, Commerce, Crafts and Ser­
vices to prepare its work on the matter, 
Having regard to its opinion of 24 October 1979 on 
the attainment of the customs union (multiannual 
programme) (*), 
Having regard to the opinion adopted by the Section 
for Industry, Commerce, Crafts and Services at its 
meeting on 31 March 1982, 
Having regard to the oral report made by the rap­
porteur, Mr Broicher, 
Having regard to the discussions at its 197th plenary 
session, held on 28 and 29 April 1982. 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 
1. The Committee approves the Commission Com­
munication to the Council. It particularly welcomes 
the fact that in its third report the Commission has 
(») OJ No C 53, 3. 3. 1980. not confined itself to listing proposals referred to 
the Council and their subsequent treatment, accord­
ing to the procedure introduced with the 1979 multi-
annual programme, but has examined in detail the 
causes of the alarming slowdown in progress 
towards the customs union. 
2. The Committee draws attention to its opinion of 
24 October 1979, which emphasizes the fundamental 
role of the customs union in the establishment of a 
single home market. The Committee regrets that the 
intensive efforts of the ESC, the European Parlia­
ment, the Commission, and the Advisory Com­
mittee on Customs Matters, to promote harmoniza­
tion in the area of customs legislation have to all 
intents and purposes been nullified by the inaction 
of the Council. This has meant that since 1979 very 
little progress has been made, and a new low was 
reached in 1981 when not one Commission proposal 
of note was passed by the Council. This situation is 
quite unacceptable. The Committee regrets the lack 
of firm political commitment and over involvement 
in technical details shown by decision-takers and 
above all by the Council, which the Commission 
correctly puts forward to explain this alarming 
inaction. 
3. It is imperative that the Council adopt the 
necessary measures to bring this situation to an end, 
and give its work in this area the priority it deserves. 
The Committee also unconditionally accepts the 
observation that the Council is devoting far too 
much time and attention to trivial technical details, 
and is neglecting the really vital task of abolishing 
the administrative obstacles to trade and establish­
ing a customs union worthy of the name. In this 
context, the Council must also make wider use of 
Article 155, and must transfer the necessary powers 
to the Commission. 
No C 178/14 Official Journal of the European Communities 15. 7. 82 
4. The Commission rightly points out in this con­
text that attainment of the customs union requires 
some kind of customs code, i.e; the specific legal 
instruments should be consolidated in an organized 
comprehensive document. The Committee, how­
ever, recommends that consideration be given to the 
case for beginning by compiling a Community cus­toms code which sets out the overall approach to 
customs law, and then using this as the basis for the 
harmonization of sub-sectors. Otherwise, there is a 
danger that the harmonized areas could not be 
incorporated in a subsequent general customs code 
without fresh changes in the law. 
Done at Brussels, 28 April 1982. 
The Chairman 
of the Economic and Social Committee 
Tomis ROSEINGRAVE