No C 263/42 Official  Journal  of the European  Communities 17.11.  75 
Opinion  on the 
proposal  for a Council  Directive  on the approximation  of the  laws  of the  Member 
States  relating  to constructional  plant  and equipment 
proposal  for a Council  Directive  on the approximation  of the  laws  of the  Member 
States  relating  to the  measurement  of the  sound  level  of constructional  plant  and 
equipment 
proposal  for a Council  Directive  on the  approximation  of the  laws  of the  Member 
States  relating  to the  permissible  sound  level  for  pneumatic  concrete-breakers  and 
jackhammers 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 82 of 14 April  1975,  page  91. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 15 January  1975,  the  Council  referred  the  abovementioned  proposals  to the 
Economic  and  Social  Committee  under  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 130th  plenary  session, 
held in Brussels  on 28 and  29 May  1975. 
The Opinion  is published  bdow. 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the referral  on 17 January  1.975  by 
the Council  of the  European  Communities,  of the 
proposals  for  Council  Directives  on  the 
approximation  of the  laws  of the  Member  States 
relating  to 
— constructional  plant  and equipment, 
— the measurement  of  the  sound  level  of 
constructional  plant  and  equipment, 
— the  permissible  sound  level  for  pneumatic 
concrete-breakers  and  jackhammers; 
Having  regard  to  Article  100  of the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the Decision  taken  by its Bureau 
on 28  January  1975,  instructing  the  Section  for 
Industry,  Commerce,  Crafts  and  Services  to draw  up 
an Opinion  and  a report  on the matter; 
Having  regard  to the  Opinion  adopted  by  the 
Section  for Industry,  Commerce,  Crafts  and  Services 
at its meeting  on 7 May  1975; 
Having  regard  to the  report  submitted  by  the 
Rapporteur,  Mr Marvier; 
Having  regard  to the  discussions  at its meeting  on 
28 May  1975  (130th  plenary  session  of 28 and 
29 May  1975), HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the proposed  Directives, 
subject  to the following  comments: 
1. OUTLINE  DIRECTIVE 
1. General  comments 
1.1. The  Committee  notes  a certain  lack  of 
balance  between  the  definitions  of the  EEC  type-
approval  and  verification  procedures,  which  are 
clear,  and  the characteristics  of these  procedures. 
1.2. The  characteristics  of the  EEC  verification 
procedure  are not precisely  defined.  The  text  of the 
proposal  should  therefore  be better  balanced  and  the 
heading  of Chapter  II should  be  amended  as 
indicated  in the specific  comments. 
2. Specific  comments 
2.1. Title  of Chapter  11 
2.1.1.  In  line  with  the above  general  comment,  the 
title of this  chapter  should  be expanded  to read: 
17.11.  75 Official  Journal  of the European  Communities No C 263/43 
'EEC  type  approval  and  verification  of equipment'. 
2.2. New  Article  6 
2.2.1.  A  new  Article  6 should  deal  with  the 
characteristics  of the EEC  verification  procedure,  and 
incorporate  the  text  of the  last  paragraph  of 
A rticle  2. 
2.3. Article  6 
2.3.1.  This  Article,  which  would  then  become 
Article  7, should  be amended  so as to clearly  indicate 
that the certificate  of conformity  relates  to either  an 
EEC  type  approval  or an EEC  verification. 
2.3.2.  The  Committee  proposes  that  this  Article  be 
worded  as follows: 
'The  manufacturer  or  his  authorized 
representative  in the country  of registration  shall 
complete  a certificate  of conformity,  the model  of 
which  is given  in Annex  II, for  each  item  of 
constructional  plant  and  equipment  which  has 
been  built  in accordance  with  the  approved 
prototypes  or which  has formed  the subject  of an 
EEC  verification  procedure'. 
2.4. Article  8 
2.4.1.  This  article  lays  down  a time  limit  for 
mutual  notification  by the  Member  States  solely  in 
respect  of withdrawal  of an EEC  type  approval. 
2.4.2.  The  Committee  would  like  a time  limit  to 
be specified  for the notification  of other  measures  as 
well. 
2.4.3.  The  Commission  bases  itself  on the wording 
of other  Directives  on a similar  subject. 
2.4.4.  The  Committee  considers  it nonetheless 
desirable  that  the Commission  should  look  into  the 
possibility  of adopting  the Committee's  suggestion. 
2.5. Article  14 (2) 
2.5.1.  In  line  with  the  request  it has  made  in 
respect  of other  Directives,  the Committee  would  ask 
that the  Member  States  be obliged  to inform  the 
Commission  of any  provisions  which  they  intend  to 
adopt  in the field  covered  by this  Directive. II. DIRECTIVE  RELATING  TO  SOUND  LEVEL 
MEASUREMENT 
1. General  comments 
1.1. The  Committee  notes  that  only  equipment 
which  has  received  EEC  type  approval  will  be able 
to circulate  freely  within  the Community. 
1.2. Consequently,  it wonders  whether  it is 
advisable  to oblige  Member  States  which  are unable 
to carry  out  this  type  approval  procedure  to call  on 
the services  of other  Member  States. 
2. Specific  comments 
2.1. Article  2 
2.1.1.  The  annex  to the  draft  Directive  proposes 
two methods  for measuring  sound  levels,  although  a 
clear  preference  is stated  for  the  test  method 
described  in Parti.  The  'survey  method'  may  not  be 
used  unless  there  are important  reasons  for doing  so. 
2.1.2.  The  Committee  thinks  that  one  or the other 
method  should  be proposed  in the special  Directives. 
2.1.3.  The  Committee  would  request  that  Article  2 
be amended  and  proposes  the following  wording: 
'The  Member  States  shall  approve  any  type  of 
equipment  which  complies  with  the  specified 
limits  in regard  to sound  level,  provided  that  the 
latter  has been  measured  in compliance  with  one 
of the methods  laid  down  in the annexes  hereto. 
The relevant  method  shall  be specified  in the 
special  Directive  which  fixes  the  permissible 
sound  levels'. 
2.2. Article  5 (2) 
2.2.1.  In  line  with  the  request  it has  made  in 
respect  of other  Directives,  the Committee  would  ask 
that the  Member  States  be obliged  to inform  the 
Commission  of any  provisions  which  they  intend  to 
adopt  in the field  covered  by this  Directive. 
No C 263/44 Official  Journal  of the  European  Communities 17. 11. 75 
III. DIRECTIVE  RELATING  TO  THE  PERMIS-
SIBLE  SOUND  LEVEL  FOR  PNEUMATIC 
CONCRETE-BREAKERS  AND  JACKHAMMERS 
1. General  comments 
1.1. The  Committee  notes  that  only  equipment 
which  has  received  EEC  type  approval  will  be able 
to circulate  freely  within  the Community. 
1.2. Consequently,  it wonders  whether  it is 
advisable  to oblige  Member  States  which  are unable 
to carry  out  this  type  approval  procedure  to call  on 
the services  of other  Member  States. use of  several  machines,  in  view  of  the 
environmental  problems  which  this  may  pose. 
2. Specific  comments 
2.1. Article  6 (2) 
2.1.1.  In  line  with  the  request  it has  made  in 
respect  of other  Directives,  the Committee  would  ask 
that the  Member  States  be obliged  to inform  the 
Commission  of any  provisions  which  they  intend  to 
adopt  in the field  covered  by this  Directive. 
Done  at Brussels,  28 May  1975. 
1.3. The  Committee  would  draw  attention  to the 
fact that  the permissible  sound  level  proposed  by the 
Commission  refers  to the use of one  single  machine. 
But the Commission  should  study  the simultaneous The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the communication  from  the Commission  to the Council  concerning  initial 
proposals  for priority  projects  in data  processing 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 99 of 2 May  1975,  page  10. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 24 March  1975,  the  Council  referred  the abovementioned  Communication  to the 
Economic  and  [Social  Committee  under  Article  198  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 130th  plenary  session, 
held in Brussels  on 28 and  29 May  1975. 
The Opinion  is published  below. 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the referral  on 25 March  1975,  by 
the Council  of the  European  Communities,  of the 
communication  from  the  Commission  to  the 
Council  concerning  initial  proposals  for  priority 
projects  in data  processing; 
Having  regard  to  Article  198  of  the  Treaty 
establishing  the European  Economic  Community; Having  regard  to the decision  taken  by its Bureau  on 
22 April  1975  instructing  the  Section  for  Industry, 
Commerce,  Crafts  and  Services  to prepare  the 
Committee's  work  on the matter; 
Having  regard  to the Opinion  of the Economic  and 
Social  Committee  on  the  communication  of the 
Commission  to the Council  concerning  a Community 
policy  on data  processing;