No C 204/26 Official  Journal  of the European  Communities 30. 8. 76 
by the police  in order  to deter  riders  from  modifying 
the exhaust  systems  of their  machines. 
2. In a large  number  of opinions  on  technical 
barriers  to trade,  the  Committee  has  urged  'total' 
alignment.  It reaffirms  this  view  and  can  accept 
'optional  harmonization'  only  if it is temporary.  The 
Committee  calls  upon  the  Commission  to propose 
a deadline  for  the  introduction  of 'total  harmon-
ization'. 
3. The  Committee  does  not  wish  to go into  the 
technical  details  of the permissible  sound  levels  for 
the various  categories  of motor  cycles.  It would 
merely  point  out  that  the proposed  levels  have  not 
received  the  unanimous  approval  of experts.  At all events,  it is of prime  importance  that  account  be 
taken  of the  economic  situation  of the  motor  cycle 
manufacturing  industry,  which  is currently  facing 
serious  difficulties  as a result  of competition  from 
countries  outside  the  Community.  This  being  the 
case,  the  Committee  questions  the  wisdom  of 
imposing  on the  industry  such  severe  tests  (which 
are to become  even  more  rigorous  as from  1 October 
1980)  and  maximum  sound  levels  which  may  make 
it necessary  to modify  the design  of the engine  and 
other  components  of motor  cycles. 
4. The  Committee  trusts  that  the  test  method 
which  is adopted  will  take  into  account  the results  of 
tests in third  gear. 
Done  at Brussels,  30 June  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the proposal  for a Council  Decision  concluding  the European  Convention 
on the protection  of farm  animals 
The text  referred  to the Committee  has been  published  in Official  Journal  No C 133  of 
14 June  1976,  page  6. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 10  May  1976  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 
140th  plenary  session,  held  in Brussels  on 30 June  and 1 July  1976. 
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 
Articles  47 and 198  thereof, Having  regard  to the request  for an opinion  made  by 
the Council  of the  European  Communities  on 
10 May  1976, 
Having  regard  to the  decision  taken  by its Bureau 
on 13  May  1976,  instructing  the  Section  for 
30. 8. 76 Official  Journal  of the European  Communities No C 204/27 
Agriculture  to prepare  the Committee's  work  on the 
matter, 
Having  regard  to the  oral  report  made  by  the 
rapporteur,  Mrs  Evans, 
Having  regard  to the opinion  issued  by the  Section 
for Agriculture  at its meeting  on 3 June  1976, 
Having  regard  to the discussions  ait its 140th  plenary 
session  held  on 30 June  and  1 July  1976  (meeting 
of 30 June  1976), 
HAS  UNANIMOUSLY  ADOPTED  THE  FOLLOWING 
OPINION: 
The Committee  approves  the Commission  proposal, 
subject  to the comments  set out below. 
1. General  comments 
1.1. The  Committee  notes  thait  the Convention  is 
held in very  general  terms  and  that  the content  and 
form  of the  final  recommendations  are  left  to the 
Standing  Committee.  The  Committee,  therefore,  feels 
that the Convention  must  secure  adequate  represen-
tation  or  consultation  of  the  interested  non-
governmental  bodies  in connection  with  the  work 
of the Standing  Committee. 
1.2. The  Committee  draws  attention  to the  fact 
that in some  Member  States'  legislation  may  be 
more  effective  in ensuring  adequate  provision  for 
protection  of animals  kept  for farming  purposes  and 
emphasizes  that  the  approval  in principle  of the 
provisions  outlined  in the  Convention  should  not 
prejudice  efforts  to improve  intra-Community  and 
national  standards. 
1.3. The  Committee  also  sees  a need  for the Com-
munity,  via  its membership  of the  Standing  Com-
mittee,  to initiate  action  to improve  the  minimum 
provisions  under  the Convention. 2. Specific  comments 
2.1. Article  3, Article  4 (paragraphs  1 and  2) and 
Article  5 
The Committee  regrets  that  the present  formulation 
of these  Articles  seems  to imply  an almost  exclusive 
dependence  on established  experience  and  scientific 
knowledge  in determining  the  standard  of feeding 
and housing  of the animals.  The  Committee  therefore 
recommends  that  the  Standing  Committee  should 
take into  consideration  other  relevant  factors. 
2.2. Articles  4, 6 and 7 
The Committee  requests  that  the phrase  'unnecessary 
suffering'  be interpreted  as 'avoidable  suffering'. 
2.3. Article  6 
The Committee  requests  that  the English  translation 
be aligned  with  the French  text  by adding  the word 
'it' after  the word  'cause'. 
2.4. Article  7 
The Committee  is of the  opinion  that  animals  kept 
in intensive  stock  farming  systems  should  be inspected 
at least  once  during  every  12-hour  period  and  not 
daily  as proposed  in the Convention. 
2.5. Article  9 (2) 
In line  with  what  has  been  said  above  under  2.1. 
and in order  to avoid  misunderstandings  the  word 
'follow'  should  be  interpreted  as  'take  into 
consideration'. 
2.6. Article  12 
The Committee  insists  that  it be included  among 
the bodies  to be consulted  under  this  Article. 
Done  at Brussels,  30 June  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONC.I