No C 211/24 Official Journal of the European Communities 8. 8. 83 
'— the establishment of "task forces" throughout Europe who are capable of training the 
trainers of teachers and others who are involved in working with young people.' 
Voting 
For: 15, against: 50, abstentions: 24 
Opinion on the proposal for a Council Regulation on the strengthening of the common 
commercial policy with regard in particular to protection against unfair commercial 
practices 
The text referred to the Committee has been published in Official Journal of the Euro­
pean Communities No C 83 of 26 March 1983, page 6. 
A. LEGAL BASIS FOR THE OPINION 
On 17 April 1983 the Council, acting under the optional consultation clause of the 
Treaty establishing the European Economic Community, decided to ask the Economic 
and Social Committee for an opinion on the above-mentioned matter. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
208th plenary session held in Brussels on 1 and 2 June 1983. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the request made by the Council 
of the European Communities on 17 April 1983 for 
an opinion on the proposal for a Council Regula­
tion on the strengthening of the common commer­
cial policy with regard in particular to protection 
against unfair commercial practices ('), 
Having regard to the decision taken by its Bureau 
on 26 April 1983 instructing the Section for External 
Relations to draw up an opinion on the matter, 
Having regard to the opinion adopted by the Sec­
tion for External Relations at its meeting on 25 May 
1983, 
Having regard to the oral report made by the rap­
porteur, Mr Vercellino, 
(') OJ No C 83, 26. 3. 1983, p. 6. Having regard to the discussions on 2 June 1983 
during the 208th plenary session held on 1 and 2 
June 1983, 
HAS ADOPTED THE FOLLOWING OPINION 
by 118 votes to three with seven abstentions: 
1. The Economic and Social Committee thinks 
that the Community's commercial policy must take 
account more than ever before of the overriding 
need for the Community to continue to keep its 
frontiers open to imports from non-Community 
countries, and indeed to open them still more. 
Open frontiers make for a healthy industrial sector 
in the Community. Community production draws 
much of its strength from its exposure to interna-
8. 8. 83 Official Journal of the European Communities No C 211/25 
tional competition (which is one guarantee of 
economic and social progress), but this strength also 
rests on the existence of effective means for combat­
ing unfair and unjustifiable competition that viol­
ates international trade laws. 
2. The Economic and Social Committee has 
repeatedly stressed the need to strengthen the Com­
munity's commercial policy and underlined the role 
played by the Community's institutions in defend­
ing free trade and fighting moves towards protec­
tionism ('), of which unfair commercial practices are 
one example. 
3. Accordingly the Committee approves the action 
taken by the Commission in providing Community 
industry with an effective and transparent (i.e. 
generally known) procedure for: 
— avoiding an escalation of protectionism by 
ensuring strict adherence to the principles 
embodied in Article 110 of the EEC treaty and 
the rules of international trade, and 
— protecting itself more effectively against unfair 
practices other than dumping and illegal subsi­
dies (which are already covered by Community 
rules), in cases where these practices cause 
Community firms to suffer serious injury inside 
or outside the Community. 
4. The Committee thinks that in applying the new 
procedure the Commission will have to take account 
of the interests of Community firms and of its res­
ponsibilities towards LDCs. 
5. In view of the Community's importance in 
world trade, it is in its interests to ensure that GATT 
rights and obligations are fully discharged. On this 
point, the Committee is pleased to note that the pro-
(') Opinion of the Economic and Social Committee on 
the GATT multilateral trade negotiations (OJ No C 
126, 28. 5. 1977); 
Opinion of the Economic and Social Committee on 
the economic and commercial relations between the 
European Community and Japan (OJ No C 230, 10. 9. 
1981); 
Information Report of the Economic and Social Com­
mittee on relations between the European Community 
and the United States (Plenary session, October 1982); 
The EEC's external relations — stocktaking and con­
sistency of action (Study of the Procedure and Social 
Committee Plenary session, 27 and 28 January 1982). cedures set out in the Commission proposal are in 
accordance with GATT arrangements. 
The Committee considers that the proposed new 
procedure offers three advantages here: 
— it will allow the GATT conciliation procedure to 
operate, 
— once proceedings have been completed, it will 
allow amicable settlements to be negotiated 
with our partners, 
— it will operate in the same way to counter the 
unfair practices of countries not belonging to 
GATT. 
6. Finally, the Committee approves the way in 
which the Commission has responded at a proce­
dural level to: 
— the excesses of some commercial policies prac­
tised by industrialized partner countries which 
flout GATT regulations, 
— certain flaws in the past management of the 
common commercial policy. 
7. The Committee would urge that consideration 
be given to the above suggestions and the comments 
made below. It calls on the Commission to reword 
its proposal more precisely and improve the points 
indicated in order to avoid misunderstandings. 
8. The Committee would make the following spe­
cific remarks on the proposal: 
Article 1 
— First paragraph to read: 
'subject to compliance with international law 
and in particular the obligations stemming from 
agreements'. 
— Indent (b) to read: 
'ensuring exercise of the Community's rights'. 
The Commission should make the necessary 
arrangements to ensure that businessmen's com­
plaints are dealt with in accordance ith the appro­
priate procedures. 
No C 211/26 Official Journal of the European Communities 8. 8. 83 
It also agrees that 'unfair' should be replaced by 
'illicit' throughout the text. 
Article 2 (2) 
The Committee considers that the 'practices attribut­
able to third countries' covers not only the activities 
of central governments but also those of other 
public authorities. 
The Committee proposes the deletion of 'or the 
rules commonly accepted by the Community's prin­
cipal trading partners regarding commercial policy'. 
Article 2 (4) 
The Committee thinks that the scope of the pro­
posed Regulation should be extended to include the 
'regional interest' concept, which is already to be 
found in the Community's anti-dumping and anti-
subsidy rules and is recognized by GATT. 
The Committee is also of the view that all commer­
cial enterprises and not only producers should be 
able to lodge complaints. 
Article 3 (I) 
The Committee agrees that any natural or legal per­
son who satisfies the conditions listed in Article 3 
(1) should be entitled to lodge a complaint. It calls 
on the Commission to monitor this right closely 
and, if necessary, to revise the practical measures 
involved within three years of the Regulation's pub­
lication. 
Article 3(4) 
In the Committee's view it is up to the Commission, 
in consultation with the Member States, to decide 
whether it would be in the interest of the Com­
munity to continue proceedings. 
Article 8 
The Committee would point out that the suffering 
of an injury may not in itself trigger the new proce­
dure. For the procedure to be initiated, three condi­
tions — the existence of an illicit practice, the suf­
fering of an injury and a causal link between the 
two — have to obtain. Article 10 
The Committee considers that the undertakings 
referred to in Article 10 (1) should be acceptable 
until after an illicit practice has been ascertained 
and the suffering of an injury has also been deter­
mined, possibly on a preliminary basis. 
Article 11 (2) 
The Committee considers that a clear distinction 
should be drawn between two successive stages in 
the procedure: 
— the first stage — which is of primary importance 
— consists of having recourse to the interna­
tional dispute settlement procedures designed to 
find amicable solutions, 
— the second stage, described in paragraphs (b), 
(c) and (d), need not necessarily follow the first. 
Article 11 (2) should therefore read as follows: 
'Any commercial policy measures may be taken 
which are compatible with the international pro­
cedures for the settlement of disputes to which 
recourse must be had in the first instance. These 
measures include: 
(a) suspension or withdrawal of any concession 
resulting from commercial policy negotia­
tions; 
(b) the raising of existing customs duties or the 
introduction of any other charge on 
imports; 
(c) the introduction of quantitative restrictions 
or any other measure modifying import or 
export conditions or otherwise affecting 
trade with the third country concerned.' 
Article 12 
While accepting that Article 12 will apply to flagrant 
violations of international trade law, the Committee 
regards its geographical scope as confined to a very 
limited number of cases involving unfair practices 
on the part of countries which are not members of 
GATT. 
Article 13 
The Committee approves the proposed decision­
making machinery because of its practicability. 
It also thinks, for the sake of a consistent institu­
tional approach, that this machinery should cater for 
two possibilities: 
8. 8. 83 Official Journal of the European Communities No C 211/27 
commercial policy measures are adopted in Article 14 
accordance with Article 11, and 
The Committee considers that Article 14 limits the 
the complaint is turned down and the procedure application of the proposed Regulation to areas fall-
is terminated in accordance with Article 9. ing outside the existing m,es of the common com. 
mercial policy. 
Done at Brussels, 2 June 1983. 
The Chairman 
of the Economic and Social Committee 
Francois CEYRAC 
APPENDIX 
to the opinion of the Economic and Social Committee 
Defeated amendments 
The following amendment, tabled in accordance with the Rules of Procedure, were defeated by 
the Committee during plenary session discussion: 
Replace the whole text of the Section opinion by the following: 
'1. At the GATT ministerial meeting in November 1982, the contracting parties decided "to 
ensure that GATT provides a continuing forum for negotiation and consultation, in which 
an appropriate balance of rights and obligations can be assured for all contracting par­
ties ..." 
Further to this decision, the Section considers that the Community, protecting its trade inter­
ests, should constantly place maximum emphasis on the importance of multinational institu­
tions and the rules adopted within their framework. 
2. As the world's largest trade power, the Community's comportment will establish codes 
of conduct for its trade partners. Unfortunately the Community may have been guilty of set­
ting dangerous protectionist precedents in this Commission proposal aimed at strengthening 
the common commercial policy. 
3. The regrettable signs of an escalation of protectionism that have recently been discerni­
ble in a number of EC Member States could well attain a "European dimension" with the 
introduction of the proposed "guillotine procedure". 
4. Article 113 of the Treaty provides the Community with the instruments it requires to pro­
tect itself against unfair commercial practices. 
The blame for failure to make effective use of these procedures lies entirely with the Com­
munity's structures and lack of political will in contrast to its two main trade partners, which 
are both homogeneous countries with simpler decision-making machinery. 
Moreover, it will take 12 to 14 months to implement the trade measures provided for in the 
Commission proposal. 
5. The key tenet of "unfair practice" is a blanket term that facilitates the erosion of existing 
multilateral criteria for identifying trade barriers and assessing their protective impact and 
could even undermine solidarity within GATT. 
No C 211/28 Official Journal of the European Communities 8. 8. 83 
The proposal will be particularly prejudicial to the outcome of the GATT negotiations on the 
Article XIX issue since it is tantamount to endorsing selectivity. The recommendation that 
competition on non-Community markets should in future be an internal Community matter 
will also detract from the jurisdictional powers that the Community itself has conferred on 
GATT. 
6. The introduction of a procedure whereby any firm or individual could complain directly 
to the Commission is likely to result in a stream of cases that will place undue strain on the 
administrative authorities. 
7. The proposed trade measures (e.g. customs duties or quotas) would be self-defeating 
since they would push up costs and limit competition. 
8. In a sphere of such importance as commercial policy vis-a-vis non-member countries, the 
Section is opposed to a "guillotine" or management committee procedure that transfers a 
substantial share of the Council's powers to the Commission. The existing procedure involv­
ing the Article 113 Committee is perfectly adequate. 
9. It is the worst possible moment to aggravate tensions in trade relations. At the OECD 
ministerial meeting on 9 and 10 May it was agreed to "make use, individually and collec­
tively, of the favourable conditions provided by the economic recovery to reverse protection­
ist trends." Unctad VI and other forthcoming negotiations should also work for a trade 
"ceasefire". 
10. The Section therefore regards the Community machinery for dealing with cases of 
unfair commercial practices as entirely satisfactory and calls on the Commission to withdraw 
its proposal.' 
Voting: 
For: 3, against: 117, abstentions:.8. 
Delete point 1. 
Reasons 
1. The statement of support for free trade, given with such assurance, is hardly credible from an 
economic unit which pursues a resolutely protectionist policy in a key sector (agriculture). 
2. The Council keeps calling for shorter Committee opinions. 
Voting: 
For: 1, against: 115, abstentions: 12. 
Opinion on the proposals for a European scientific and technical strategy: framework 
programme 1984-1987 
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 12 January 1983 the Council referred the abovementioned proposals to the Econo­
mic and Social Committee in accordance with Article 198 of the Treaty establishing 
the European Economic Community.