No C 114/22 Official  Journal  of the European  Communities 11.5.  77 
5. Specific  comments 
5.1. Article  1 (2) 
5.1.1.  The  Committee  moves  that  the following  be 
added  to Article  1 (2) (d). 
'to the  extent  that  such  are  covered  by other 
EEC  Directives'. 
5.2. Article  1 (3) 
5.2.1.  The  Committee  considers  that  the Commis-
sion should  intensify  its efforts  to obtain  international 
agreements  on  the  classification,  packaging  and 
labelling  of dangerous  substances. 
5.3. Article  2 (1) 
5.3.1.  The  Committee  suggests  that  Article  2 (1) (c) 
be amended  to read: 
. . with  the  exception  of those  made  available 
for research  purposes'. 
5.4. Article  2 (2) 
5.4.1.  The  Committee  proposes  replacing  Article 
2 (2) (i) by: 
'substances  and  preparations  the  use  of which 
causes  or may  cause  damage  to the environment either  immediately  or after  a certain  period  of 
time'. 
5.5. Article  8 
5.5.1.  The  Committee  suggests  that  Article  8 (b) be 
amended  as follows: 
'where  covered  by existing  Community  rules,  as 
substance  or in mixture  for ...'. 
5.6. Annex  VI 
5.6.1.  Possibilities  of disposal 
5.6.1.1.  The  Committee  is pleased  to note  that  the 
Commission  has  tackled  the problem  of toxic  wastes 
in a specific  vertical  Directive  based  on the  same 
information  principles  as the present  proposal. 
5.7. Annex  VII 
5.7.1.  The  Committee  suggests  that  some 
emergency  measures  be indicated  under  2.4,  such  as: 
'— Antidotes  for human  use 
— Decontamination  processes'. 
5.8. The  Committee  also  has  a number  of 
technical  comments  to make  on the Annexes.  These 
are given  in the accompanying  report. 
Done  at Brussels,  30 March  1977. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on  the  proposals  for  a Council  resolution  concerning  consultation  at 
Community  level  on the siting  of power  stations,  and 
a Council  Regulation  on the introduction  of a Community  consultation  procedure  in 
respect  of power  stations  likely  to affect  the territory  of another  Member  State 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 31 of 8 February  1977,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 23 December  1976  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Article  198  of the  Treaty 
establishing  the  European  Economic  Community  and  of Article  170  of the  Treaty 
establishing  the European  Atomic  Energy  Community. 
11.5.  77 Official  Journal  of the European  Communities No C 114/23 
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, 
Article  198  thereof,  and  to the Treaty  establishing  the 
European  Atomic  Energy  Community  and,  in 
particular,  Article  170  thereof, 
Having  regard  to the  request  for  an opinion  made 
by the  Council  of the  European  Communities  on 
23 December  1976, 
Having  regard  to the  Decision  taken  by its Bureau 
on 25  January  1977,  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 
at its 29th  meeting  held  on 4 March  1977, 
Having  regard  to the  report  submitted  by  the 
rapporteur,  Mr Friedrichs, 
Having  regard  to the discussions  at its 147th  plenary 
session  held  on 30 and  31 March  1977  (meeting  of 
30 March), 
Whereas  it is necessary  to ensure  a consistent 
approach  in the  selection  of power  station  sites 
throughout  the Community; 
Whereas  power  stations,  particularly  those  built  in 
frontier  regions,  may  affect  the national  territory  of 
States  other  than  those  responsible  for the stations; 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with  no dissenting  votes  and  one  abstention: 
Comments  on the  draft  Council  resolution  concern-
ing consultation  at Community  level  on the  siting  of 
power  stations 
1. The  Committee  accepts  the idea  of Community 
consultation  to foster  the  development  of common 
criteria  and  methodologies  in  site  selection 
procedures.  This  would  give  Member  States  some 
guidance  when  choosing  and  approving  sites.  The 
Committee  believes  that  if common  criteria  were taken  into  consideration  throughout  the Community, 
this could  make  for objective  public  discussion.  It is 
currently  looking  at the  problem  in a more  general 
context  in a study  it is preparing  on a Community 
code  for nuclear  safety. 
2. However,  the  Committee  considers  that  the 
selection  and  approval  of individual  sites  must  remain 
the exclusive  responsibility  of the  Member  States. 
Only  the national  governments  can  weigh  up all the 
different  technical,  economic,  environmental  and 
land-use  factors  involved  in each  specific  instance. 
3. These  views  are  largely  shared  by  the 
Commission.  Nevertheless,  they  must  be unambigu-
ously  reflected  in the  text. 
4. Finally,  the Committee  approves  the  setting  up 
of a body  for  consultation  at Community  level  on 
problems  connected  with  the  siting  of new  power 
stations.  The  aim  of this  body  should  be to provide 
the Commission  with  the  broadest  range  of the  best 
technical  advice.  The  Committee,  however,  notes  that 
it is to be composed  exclusively  of officials  from  the 
Member  States.  These  should  be people  with  practical 
experience  in handling  site  selection  problems.  The 
Commission's  announcement  that  experts  versed  in 
the topics  under  discussion,  e.g.  environmental 
protection,  or even  representatives  of power  station 
operators,  may  be brought  into  the  consultations  by 
the Member  States,  is considered  by the  Committee 
to be important. 
Comments  on the proposal  for a Council  Regulation 
concerning  the  introduction  of  a Community 
consultation  procedure  in respect  of power  stations 
likely  to affect  the territory  of another  Member  State 
1. The  Committee  approves  the  draft  Regulation. 
2. It  supports  the  creation,  in Article  2, of a 
consultation  procedure  which  may  be initiated  by: 
(a) the  Member  State  which  considers  that  it is 
affected  by the  siting  plans  of another  Member 
State; 
(b) the  Member  State  responsible  for the project;  or 
(c) the  Commission. 
No C 114/24 Official  Journal  of the European  Communities 11. 5. 77 
This  procedure  is preferable  to an objective  definition 
of frontier  sites.  To rule  out misunderstandings  about 
the Regulation's  scope,  the  Committee  proposes, 
however,  that  the  fourth  recital  in the preamble  be 
deleted,  since  the problem  involved  is not peculiar  to 
frontier  regions  only. 
3. The  Committee  recognizes  the need,  covered  by 
Article  3, to obtain  all  relevant  information  on 
possible  trans-frontier  effects.  The  information 
already  collected  under  Articles  37 and  41 to 44 of 
the Euratom  Treaty  cannot  be exhaustive  in this 
regard. 
4. The  Committee  approves  the  proposal  in 
Article  4 of the  draft  Regulation  to set  up  a 
consultative  'panel  of independent  experts'  nominated 
by the Member  States.  It assumes  that  the  Member 
States  in question  will  be adequately  represented  on 
this panel  and  that  each  Member  State  will  nominate 
the strongest  advocates  to plead  its particular  case. 
The Committee  would  moreover  point  out  that 
Article  4 does  not  require  all Member  States  to be 
Done  at Brussels,  30 March  1977. represented  in each  individual  case.  It merely  gives 
the Commission  the  opportunity  to  tailor  the 
composition  of the  panel  to fit the  circumstances. 
Nevertheless,  the  Committee  would  like  a clearer 
picture  of the  number  of people  involved,  their 
qualifications  and  the duration  of their  appointment. 
It also  believes  that  the  parties  which  let contracts 
for the construction  of power  stations  might  usefully 
be represented. 
5. The  Committee  is concerned  lest the consultation 
and information  procedure  add  undue  delay  to the 
decision-making  process.  However,  it regards  the 
time  limits  specified  in the  Regulation  (maximum 
total  duration  approximately  nine  months)  as 
acceptable. 
6. Finally,  the Committee  would  point  out that  this 
proposal  can  naturally  deal  only  with  the  problems 
that may  arise  within  the  Community  or between 
Member  States  in connection  with  the siting  of power 
stations. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the proposal  for a Council  Regulation  on Community  financial  measures 
to promote  the use of coal  for electricity  generation 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 22 of 29 January  1977,  page  4. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 20 January  1977  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  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, 
Article  198  thereof, 
Having  regard  to the  request  for an opinion  made 
by the  Council  of the  European  Communities  on 
20 January  1977, Having  regard  to the  Decision  taken  by its Bureau 
on 25 January  1977,  instructing  the  Section  for 
Energy  and  Nuclear  Questions  to draw  up an opinion 
and a report  on the matter, 
Having  regard  to the opinion  issued  by this  Section 
at its 29th  meeting,  held  on 4 March  1977,