29. 8. 85 Official Journal of the European Communities No C 218/7 
Opinion on the proposal for a Council Directive amending Directive 72/461/EEC on health 
problems affecting intra-Community trade in fresh meat and Directive 72/462/EEC on health and 
veterinary inspection problems upon importation of bovine animals and swine and fresh meat from 
third countries (') 
(85/C 218/03) 
On 13 March 1985 the Council decided to consult the Economic and Social Committee, under Article 
198 of the Treaty establishing the European Economic Community, on the abovementioned 
proposal. 
The Section for Protection of the Environment, Public Health and Consumer Affairs, which was 
responsible for preparing the Committee's work on the subject, adopted its opinion on 4 June 1985 in 
the light of the report by Mr Storie-Pugh. 
At its 228th plenary session (meeting of 3 July 1985) the Economic and Social Committee 
unanimously adopted the following opinion: 
1. The Committee notes that the main object of this 
proposal is to widen the range of sources, from which 
importations can be permitted of animal glands, organs and 
blood required as raw material for the Community's 
pharmaceutical industry. It is aware that the Community's 
total production potential of this raw material falls short of 
requirement. 2. The guidelines for the control of importations laid 
down in the proposals and past experience of the success of 
the veterinary control of such importations gives assurance 
that this proposal would not prejudice public or animal 
health. 
3. The committee approves the Commission's 
proposal. 
Done at Brussels, 3 July 1985. 
(») OJ No C 68, 15. 3. 1985, p. 5. The Chairman 
of the Economic and Social Committee 
Gerd MUHR 
Opinion on the proposal for a Council Regulation laying down measures to discourage the release for 
free circulation of counterfeit goods (*) 
(85/C 218/04) 
On 22 January 1985 the Council decided to consult the Economic and Social Committee, under 
Article 198 of the Treaty establishing the European Economic Community, on the abovementioned 
proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the 
Committee's work on the subject, adopted its opinion on 5 June 1985, in the light of the oral report by 
Mr Regaldo. 
At its 228th plenary session (meeting of 3 July 1985) the Economic and Social Committee adopted the 
following opinion unanimously: 
I. GENERAL COMMENTS 
1. The aim of the draft Regulation 
1.1. The purpose is to combat the marketing of 
(') OJ No C 20, 22. 1. 1985, p. 7. counterfeit goods from third countries. This is to be done by 
introducing a customs procedure which will suspend the 
release for free circulation of counterfeit goods. Goods found 
to be counterfeited and to infringe the rights of a trade-mark 
owner will be confiscated. However, the proposal only 
concerns the counterfeiting of trade marks, and therefore 
infringement of the rights of trade-mark owners. To achieve 
No C 218/8 Official Journal of the European Communities 29. 8. 85 
its declared objective, it should also cover counterfeiting of 
designs and models registered in the Member States. 
1.2. This procedure is to be supported, as counterfeit 
goods cause huge losses both to the economy in general and 
to the producer and consumer in particular. 
1.3. We should endorse the Commission's desire to act 
before goods are released onto the market. Experience has 
shown that by the time counterfeit goods appear on the 
Community market, the damage has already been done, and 
it is not usually then possible to eliminate them and provide 
full compensation. 
1.4. Careful attention must be given to the 
implementation of the procedure, to prevent the appearance 
of new barriers to the free movement of goods and to rule out 
any manipulation designed to create protectionist barriers. 
2. Field of application 
2.1. The proposal applies only to counterfeit goods from 
third countries, and does not involve goods circulating 
within the Member States. The measures are also limited to 
products protected by a trade mark registered in accordance 
with Community law (when this becomes operative) or with 
the law of the Member State. 
2.1.1. In many sectors of the European consumer goods 
industry, products are protected not by trade marks but by 
registered models and designs. The proposal should 
therefore be extended to cover models and designs. 
2.2. In theory, such and approach would seem 
inadequate, as counterfeiting in the Community is 
widespread. However, from a practical point of view, the 
approach may be supported for the following reasons: 
— the proposal will mean new duties for the customs 
authorities; in view of the disparities in this sector at 
Community level, a rather cautious, gradual approach is 
to be preferred; 
— goods protected by a trade mark are more easily 
identified, and the rights infringed can be defended more 
easily and swiftly; — the customs authorities should not be overburdened, 
given the difficulties they face when checking goods from 
third countries; 
— increased control of goods circulating between the 
Member States is incompatible with abolition of the 
Community's internal frontiers. However, controls at the 
Community's external frontiers should be harmonized 
and made more effective. 
2.3. The Commission is nevertheless asked to see whether 
experience suggests that it would be advisable to extend the 
proposed measures to cover other industrial rights. 
3. Specific comments 
3.1. All the relevant articles in the proposal must be 
amended to take account of the Committee's remarks in the 
general comments that the proposal should be extended to 
cover registered models and designs. 
3.2. Article 2(1) states that the request for intervention 
can only be lodged with the customs authorities in the 
Member State in which the product has a registered trade 
mark. 
This puts serious limitations on the fight against counterfeit 
goods, by encouraging their distributors to request release 
for free circulation in Member States where the trade mark 
has not been registered and is therefore not protected. 
Rapid adoption of the Community trade mark and the 
harmonization of laws on models and designs in the 
Community would therefore allow a more effective fight 
against counterfeiting; otherwise, those holding the rights 
will have to register them in each Member State to obtain 
proper protection. 
3.3. Article 2 (3) mentions the possibility of providing 
security. 
In view of the heavy damages caused by unjustified 
confiscation of goods, provision of security must be the 
norm, and exemption from it the exception. It should be 
compulsory in the case of models and designs. 
Furthermore, the security should not be too high, as it would 
then take on a prohibitive character and discriminate against 
small firms. 
3.4. As it is also in the public interest to stamp out 
counterfeit goods, there should be no payment of 
administrative costs, except in the event of an abusive 
29. 8. 85 Official Journal of the European Communities No C 218/9 
application by the owner of a trade mark or a registered 
model or design. 
3.5. Article 4 (3) requires clarification. The Member 
States should be offered two alternatives regarding the 
subsequent treatment of seized goods, corresponding to their 
national legal systems. 
3.6. If during the further proceedings it becomes clear 
that the goods are counterfeit, the applicant should be able to 
ask the importer for information about the origin of the 
goods. 
3.7. The measures referred to in Article 5 should be 
Done at Brussels, 3 July 1985. 
1. General comments 
1.1. The Committee recognizes that the proposal is a 
further step towards helping doctors to exercise their right of 
establishment and free movement within the Community. 
1.2. The Committee supports the aim of the proposal, 
which is to give general practioners not only basic training, 
but to complement this with specific training in general 
practice. This should prepare them better for their work, 
concentrating more on the health of the individual as a whole 
and putting prevention on the same footing as cure. 
0) OJNoC 13, 15. 1. 1985, p. 3. detailed more precisely, to prevent the release, by whatever 
means, of counterfeit goods onto the common market. 
3.8. As some Member States have more advanced 
administrative procedures for combating counterfeiting (e.g. 
seizures without an application from the trade-mark owner), 
the Commission should look into the possibilities of 
harmonizing legal and administrative procedures here, also 
bearing in mind Article 36 of the Treaty of Rome. 
4. The Committee hopes that the Community will draw 
the attention of the other contracting parties in GATT to the 
proposals contained in the present opinion. 
1.3. The major features of the specific training are that it 
is to consist of at least two years' full-time training, and is to 
be practically rather than theoretically based, whilst the 
provisions on 
— part-time training (Article 3), and the 
— possession of an equivalent qualification (Article 4) 
should be regarded as applicable only in exceptional 
cases. 
1.4. In addition to the principles and requirements set out 
in Article 2, the Committee feels that the Advisory 
Committee on Medical Training set up under Directive 
75/364/EEC could usefully draw up guidelines taking into 
consideration the evaluations it has already made public on The Chairman 
of the Economic and Social Committee 
Gerd MUHR 
Opinion on the proposal for a Council Directive on specific training in general medical 
practice (J) 
(85/C 218/05) 
On 7 January 1985 the Council decided to consult the Economic and Social Committee, under Articles 
49,57 and 66 of the Treaty establishing the European Economic Community, on the abovementioned 
proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the 
Committee's work on the subject, adopted its opinion on 5 June 1985, in the light of the oral report by 
Mr d'Elia. 
At its 228th plenary session (meeting of 3 July 1985) the Economic and Social Committee adopted the 
following opinion unanimously: