No C 269/46 Official  Journal  of the European  Communities 13. 11. 78 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the proposal,  and would  make 
the following  comments: 
1. The  Committee  is pleased  that the proposal  provides 
for aligned  standards,  something  which  it has frequently 
advocated  in the past. 
2. As  the use of the equipment  in question  may  pose 
safety  hazards,  'total  harmonization'  should  be proposed. 
3. Article  5 of the proposal  provides  for the Directive 
to be amended  under  the procedure  set out in Article  7 of 
the outline  Directive  concerning  adjustments  in the light 
of technical  progress.  The  Committee  would  ask  that, before  the Commission  proposes  the changes  which  it 
deems  necessary,  it consults  the  professional  bodies 
concerned,  be they  bodies  representing  manufacturers  or 
consumers  or standards  institutes. 
4. The  Committee  would  draw  the  Commission's 
attention  to the fact  that  Article  7, and  particularly  the 
second  paragraph  of this Article  (notification  to the party 
concerned  of the  withdrawal  of the  certificate  of 
conformity),  may  give  rise  to legal  difficulties  in its 
implementation.  These  difficulties  would  occur  in a 
number  of countries,  because  of the fact  that  the bodies 
issuing  the certificates  of conformity  in these  countries  are 
not always  State  bodies. 
5. The  Committee  hopes  that  Standard  No 50018  in 
Annex  I will be amplified  by the appropriate  official  body 
before  the Directive  is adopted. 
Done  at Brussels,  31 May  1978. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the proposal  for a Council  Regulation  concerning  accession  to the United  Nations 
Convention  on a code  of conduct  for liner  conferences 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 35 of 11 February  1978,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 30 January  1978,  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Article  84 § 2 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 159th 
plenary  session,  held  in Brussels  on 30 May  and  1 June  1978. 
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  84 (2) 
thereof, 
Having  regard  to the request  made  by the Council  of the 
European  Communities  on 3 February  1978  for  an 
opinion, Having  regard  to the decision  taken  by its chairman  on 
10 February  1978,  instructing  the Section  for Transport 
and Communications  to prepare  on opinion  on the 
matter, 
Having  regard  to the opinion  issued  by the Section  for 
Transport  and Communications  at its 119th  meeting,  held 
on 12 May  1978, 
13. 11. 78 Official  Journal  of the European  Communities No C 269/47 
Having  regard  to the oral  report  made  by the rapporteur, 
Mr Bos  (Article  29 of the Rules  of Procedure), 
Having  regard  to the discussions  at its 159th  plenary 
session,  held  on 31 May  and  1 June  1978  (meeting  of 
31 May  1978), 
Whereas  a convention  on a code  of conduct  for liner 
conferences  has been  prepared  by the United  Nations 
conference  on trade  and  development  and  is open  for 
ratification  or accession; 
Whereas  this code  of conduct  contains  provisions  relating 
to the membership  of conferences,  cargo  sharing  between 
conference  shipping  lines,  relations  between  such 
shipping  lines  and shippers,  the changing  of freight  rates 
and the settlement  of disputes; 2. General  comments 
2.1. The  Committee  considers  that  it is necessary  to 
ensure  the following: 
— cargo  sharing  with  mutually  agreed  exceptions  that 
are not  detrimental  to the interests  of developing 
countries, 
— acceptance  of the 40:40:20  formula  as a basis  for 
flexible  cargo  sharing  agreed  through  commercial 
negotiations, 
•— the possibility  for cross-traders  established  in the 
Community  or in other  OECD  countries  to operate 
between  OECD  countries  and other  market  economy 
countries, 
— optimum  application  of the code,  as far as possible 
without  Government  interference. 
Whereas  the application  of these  provisions  in both  the 
Community  and  in non-Community  countries  will  have 
an impact  on the framework  within  which  liner  shipping 
has been  regulated  so far, and,  in particular,  will affect  the 
interests  of shipping  lines  and shippers  established  in the 
Community; 
Whereas  the Community  should  seek  to secure  a fair and 
justifiable  share  of world  liner  trade  for its liner  shipping; 3. Specific  comments 
The Commission's  proposal  raises  a number  of problems. 
These  are outlined  and  commented  on below: 
Whereas  the code  of conduct  can  also  be a valuable 
instrument  for  promoting  the interests  of developing 
countries  and solving  the problems  that  have  arisen  here; 
Whereas  some  of the code  of conduct's  provisions  have 
implications  for the operation  of the provisions  of the 
Treaty  establishing  the European  Economic  Community; 
Whereas  it is currently  working  on a study  of the problems 
facing  international  maritime  shipping  in which,  besides 
examining  the problems  of flag  discrimination,  flags  of 
convenience  and new  shipping  nations,  it is also looking  at 
how these  problems  can be solved  in a wider  context  with 
the aid of the code  of conduct;  whereas  it will therefore  be 
reverting  to the code  of conduct  at a later  date, 3.1. Ratification  procedure  and  reservation  (Articles  1 
and 2 and Annex  I) 
The Committee  considers  that  Member  States  should 
ratify  or accede  to the code  of conduct,  but shares  the 
Commission's  view  that  a reservation  should  be entered 
regarding  the term  'national  shipping  line',  since  the 
definition  laid  down  by the United  Nations  is not in 
keeping  with  the EEC  Treaty. 
The Committee  notes  that  the  Commission  is now 
considering  altering  the definition  of 'national  shipping 
line' in Article  2. 
After  thorough  study  of the matter,  the Committee  thinks 
that the  Commission  should  give  an even  clearer 
definition  that  will  preclude  any doubt  about  the concept 
of national  shipping  company. 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
1. The  Committee  endorses  the  Commission's 
proposal,  subject  to the general  and specific  comments  set 
out below. 3.2. Commission  negotiations  with  the Member  States 
of the Organization  for Economic  Cooperationjind 
Development  (Articles  S and 6) 
The Committee  believes  that  ratification  of the code  by 
the Community  should  not be made  conditional  upon  the 
outcome  of the relevant  negotiations  within  the OECD 
framework. 
No C 269/48 Official  Journal  of the European  Communities 13. 11. 78 
3.3. Adoption  of a Regulation  on the application  of EEC 
competition  rules  to liner  conference  agreements 
The Committee  believes  that  such  a Regulation  must  not 
conflict  with  the code  of conduct,  the latter  having  of 
course  been  scrutinized  as to its compatibility  with  the 
EEC  Treaty. 3.4. Review  Conference  (Articles  7 and 8) 
The Committee  considers  that  before  the  review 
conference  meets,  the  Commission  should  study  the 
question  of cut-throat  competition  from  vessels  not 
subject  to the code  of conduct  and should  work  out ideas 
for possible  solutions. 
Done  at Brussels,  31 May  1978. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the programme  of work  to be carried  out in the veterinary,  zootechnical  and animal 
protection  spheres  (staff  required  for such  work) 
The text  referred  to the Committee  has not yet been  published  in the Official  Journal  of the 
European  Communities. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 6 March  1978,  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Articles  47 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 159th 
plenary  session,  held  in Brussels  on 31 May  and  1 June  1978. 
The full  text of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to Articles  47 and  198  of the Treaty 
establishing  the European  Economic  Community, 
Having  regard  to the request  made  by the Council  of the 
European  Communities  on 20 March  1978  for  the 
Committee's  opinion, 
Having  regard  to the decision  taken  by its Bureau  on 
29 March  1978  instructing  the Section  for Agriculture  to 
draw  up an opinion  on the matter, 
Having  regard  to past  Committee  opinions  on the matter, 
Having  regard  to the oral  report  made  by the rapporteur, 
Mr Schnieders, 
Having  regard  to the opinion  given  by the Section  for 
Agriculture  at its meeting  on 11 May  1978, Having  regard  to the discussions  at its 159th  plenary 
session,  held  on 31 May  and  1 June  1978  (meeting  of 
31 May  1978), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
1. The  Committee  approves  the substance  and the aims 
of the Commission's  communication. 
2. The  Committee  notes  that,  in the  main,  the 
document  consists  of a statement  of the obligations  which 
the Commission  ought  to meet  in the veterinary,  stock 
farming  and animal  protection  spheres.  The  Committee 
urges  the Commission  to give  priority  to carrying  out and 
administering  the  Directives  which  the  Council  has 
already  adopted  and on which  the Committee  has already 
delivered  opinions.