31973Y1231(01)

COUNCIL RESOLUTION of 17 December 1973 on industrial policy

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Declaration of 21 October 1972, of the Heads of State or of Government of the Member States of the enlarged Community, and in particular point 7 thereof;

Having regard to the Memorandum from the Commission of 3 May 1973 on the technological and industrial policy programme;

Agrees to adopt the timetable outlined below for the realization of the first stage of the programme provided for in the Paris Conference Declaration.

This timetable should be of an evolutive nature and may be amended by the Council, on a proposal from the Commission, so as to take into account any changes in priority which might prove necessary during implementation.

Whenever available information indicates that it might prove impossible to keep to the timetable the Commission shall refer the matter to the Council.

The Commission shall draw up an annual report on the implementation of the programme.

1. Abolition of technical barriers to trade in foodstuffs and industrial products

THE COUNCIL,

Having regard to the Resolutions of the Council of 28 May 1969 on the abolition of technical barriers to trade, the agreement of the representatives of the Governments of the Member States meeting within the Council on 28 May 1969, concerning the status quo and information to the Commission on the abolition of technical barriers to trade and the Council Resolution of 21 May 1973 supplementing the general programme of 1969, (a) as regards foodstuffs - takes note of the timetable proposed by the Commission as set out in Annex I, the dead-lines of which shall replace those previously decided on by the Council,

- undertakes to do everything possible to act on the proposals detailed in this Annex at the rate provided for therein,

- emphasizes the importance of such general questions as substances in contact with foodstuffs, labelling, solvents, frozen foods, flavourings and essences ; accordingly invites the Commission to submit relevant proposals as soon as possible and agrees to give priority to the examination of these proposals,

- instructs the Permanent Representatives Committee to make all the appropriate practical arrangements for the implementation of the programme;

(b) as regards industrial products - takes note of the timetable proposed by the Commission as set out in Annex 2, the deadlines of which shall replace those previously decided on by the Council when dealing with the abolition of technical barriers to trade, and the environment,

- invites the Commission to submit proposals for Directives in accordance with the general pattern indicated in Annex 2 (c) to (f), revised if necessary, in the light of the Commission's annual reports,

- undertakes to act on the proposals for Directives already submitted by the Commission as set out in Annex 2 (a) and (b) by the deadlines indicated therein and on the proposals for Directives mentioned in Annex 2 (c) to (f), at the rate provided for therein,

- instructs the Permanent Representatives to make all appropriate practical arrangements for the implementation of this programme.

2. Gradual and effective liberalization of public contracts

As soon as possible and not later than 1 January 1975, the Council shall act on the draft Directive of 15 March 1971 concerning the coordination of procedures for the award of public supply contracts.

3. Abolition of fiscal barriers to closer relations between undertakings

If possible, the Council shall: - by 1 January 1975, act on the proposal for a Directive on the Common system of taxation applicable to parent Companies and their subsidiaries of different Member States,

- by 1 January 1976, act on the proposal for a Directive on the common system of taxation applicable in the case of mergers, divisions and contributions of assets taking place between companies of different Member States.

4. Abolition of legal barriers to closer relations between undertakings

The Council agrees to start its examination of the proposal for a Regulation on the Statute for a European Company as soon as the Commission has submitted its revised proposal, taking into account the opinions of the European Parliament and the Economic and Social Committee, and to do everything in its power to conclude this examination as soon as possible. Examination of the proposal for a Directive concerning the structure of société anonyme-type companies should begin as soon as these opinions have been given.

The Council shall: - by 1 January 1975, act on the proposal for a Directive concerning the formation and the capital of société anonyme-type companies;

- by 1 July 1975, act on the proposal for a Directive concerning internal mergers of société anonyme-type companies;

- by 1 January 1976 act on the proposal for a Directive concerning the annual accounts of société de capitaux-type companies in the Member States;

- as soon as possible act on the proposal on the establishment of a European Cooperation Group which the Commission undertook to submit.

5. European-scale promotion of competitive advanced technology undertakings

The Council shall, if possible by 1 July 1974, act on the following drafts submitted to it by the Commission: - the draft Regulation on the setting up of joint undertakings within the field of application of the Treaty;

- the draft Regulation on the implementation establishing the European Economic Community of Community industrial development contracts.

The Council shall adopt initial decisions on the basis of the proposals contained in the communications submitted by the Commission: - by 31 March 1974, for the aeronautics sector;

- by 1 October 1974, for the data processing sector.

6. Conversion and modernization of certain sectors of industry

The Council shall act on the proposals contained in the communications submitted by the Commission: - by 1 July 1974, for shipyards;

- if possible, not more than nine months after receipt of the Commission proposal for the paper sector (1). (1)The Commission will submit proposals for this sector by 1 April 1974.

7. Preparation of measures to guarantee that concentrations affecting undertakings established in the Community are in keeping with Community economic and social objectives, and the maintenance of fair competition both in the Common Market and on outside markets in accordance with the provisions of the treaties

The Council shall: - by 1 January 1975 act on the proposal for a Regulation on the control of concentrations,

- discussions, as soon as possible and not later than 1 May 1974, on the problem of the development of multinational companies, on the basis of the Commission communication.

8. Measures concerning exports and, in particular, credit insurance

As several proposals for Regulations and Directives submitted by the Commission relating to both the trade and industrial policies of the Community are still being examined, the Council shall, by 1 July 1974, draw up a list of priorities and a timetable for decisions on those proposals not already adopted by that date.

9. Supplies of raw materials, in particular of non-ferrous metals

The Council shall act as soon as possible on the proposals which the Commission undertakes to submit during the first half of 1974 on supplies of raw materials, in particular of non-ferrous metals.

ANNEX 1 TIMETABLE FOR THE REMOVAL OF TECHNICAL BARRIERS TO TRADE IN FOODSTUFFS

I. Proposals to be adopted by the Council by 1 July 1974 - preserved milks

- emulsifiers, stabilisers, thickeners and gelling agents

- honey

- fruit juices and similar products

- natural mineral waters

II. Proposals to be adopted by the Council by 1 January 1975 - foods for special dietary uses (1)

- substances in contact with foodstuffs (1)

- jams, marmalades, fruit jellies and chestnut purée

- coffee extracts and tea extracts

- emulsified sauces

III. Proposals to be adopted by the Council by 1 January 1976 - labelling of foodstuffs

- starches, including tapioca

- meat extracts, yeast extracts and protein extracts, flavouring for soups and other foods, broths, soups, meat-based sauces

- butter

- oils and fats

- margarine

- olive oil

- sugar confectionery

- yeast

- beer

- caseins and caseinates

- tomato products

- soft drinks

IV. Proposals to be adopted by the Council by 1 January 1977 - irradiation of foodstuffs

- extraction solvents

- frozen foods

- flour and other milled products (1)Outline Directive which will be followed by implementing Directives as the work in specific sectors progresses.

- bread

- macaroni, spaghetti and similar products

- edible ices

- non-emulsified sauces

- flour confectionery and biscuits

- vinegar

- mustard

V. Proposals to be adopted by the Council by 1 January 1978 - flavourings and essences

- meat products

- fish and fish products

- flavoured wines

- spirits

- canned fruit and vegetables

- malt extracts

ANNEX 2 (a) ABOLITION OF TECHNICAL BARRIERS TO TRADE IN INDUSTRIAL PRODUCTS

Proposals for Directives forwarded by the Commission for adoption by the Council by 1 July 1974 (1) (Proposals already submitted by the Commission, on which the European Parliament and the Economic and Social Committee have given their Opinion

1. Motor vehicles - interior fittings (1 proposal)

- safety glass (*)

- electrical points for trailers

2. Measuring instruments - medical thermometers

- precision weights

- prepackaging of liquids (*)

- graduated bottles (*)

3. Electrical equipment - interference due to portable tools

- interference due to fluorescent lighting

- electrical equipment for use in explosive atmospheres

4. Fertilizers

5. Cosmetics (*)

6. Wheeled agricultural and forestry tractors -specifications and components already dealt with in proposals, particularly rear-view mirrors and steering systems

7. Reinforced plastic tanks for the carriage of dangerous substances

8. Aerosols (1)An asterisk (*) indicates goods to which the status quo rule applies.

ANNEX 2 (b) ABOLITION OF TECHNICAL BARRIERS TO TRADE IN INDUSTRIAL PRODUCTS

Proposals for Directives forwarded by the Commission for adoption by the Council before 1 January 1975 (1) (Proposals already submitted by the Commission but on which the Council has not yet received the Opinions of the European Parliament or the Economic and Social Committee)

1. Motor vehicles - interior fittings (strength of seats and anchoring points)

2. Mopeds -outline Directive (*)

3. Measuring instruments - electricity meters

- water meters

- continuous totalising weighing machines

- prepacking of certain solids and liquids (*)

4. Electrical equipment -interference from radio and television receivers

5. Pressure vessels - outline Directive

- non-welded bottles and cylinders (1)An asterisk (*) indicates goods to which the status quo rule applies.

ANNEX 2 (c) ABOLITION OF TECHNICAL BARRIERS TO TRADE IN INDUSTRIAL PRODUCTS

Proposals for Directives to be forwarded by the Commission before 1 January 1974 for adoption by the Council before 1 January 1975 (1)

B. INDUSTRIAL PRODUCTS

1. Motor vehicles - lighting (systems - first special Directives) (including the Directive on direction indicators on which agreement in principle has already been reached)

- reflectors

- fog lamps

- external projections

2. Fuels - maximum lead content in motor fuels (*)

- maximum sulphur content in domestic fuel oils (1)An asterisk (*) indicates goods to which the status quo rule applies.

ANNEX 2 (d) ABOLITION OF TECHNICAL BARRIERS TO TRADE IN INDUSTRIAL PRODUCTS

Proposals for Directives to be forwarded by the Commission before 1 January 1975 for adoption by the Council before 1 January 1976 (1)

1. Motor vehicles - safety belts

- belt anchorages

- head rests

- reverse movement, speedometers and regulation marking

- tyres

2. Tractors - braking system

- lighting system

- acceptance procedures for tractors with a maximum speed exceeding 25 km/h

- intensity of noise at the level of the driver's ears (*)

3. Mopeds - permissible noise level

- engine

4. Motorcycles - acceptance procedures

- permissible noise (*)

5. Civil engineering, plant and equipment - acceptance procedures

- permissible noise level (*)

6. Detergents -toxicity (*)

7. Measuring instruments - alcoholometry and alcoholmeters

- road tankers and rail tankers

8. Dangerous substances and preparations - pesticides

- paints and varnishes

- restriction on the use of certain substances and dangerous preparations (1)An asterisk (*) indicates goods to which the status quo rule applies.

9. Pressure vessels - aluminium bottles and cylinders

- welded bottles and cylinders

10. Non-electrical heating, cooking and water-heating equipment - outline Directive

- special Directive

11. Lifting equipment -lifts and hoists

12. Tableware and kitchen utensils -maximum lead and cadmium content in tableware

13. Electrical equipment - interference caused by scientific equipment

- electrical X-ray medical equipment

14. Fertilizers -ammonium nitrate

ANNEX 2 (e) ABOLITION OF TECHNICAL BARRIERS TO TRADE IN INDUSTRIAL PRODUCTS

Proposals for Directives to be forwarded by the Commission before 1 January 1976 for adoption by the Council before 1 January 1977

1. Motor vehicles -final special Directives

2. Pleasure boats - acceptance procedures

- water pollution

3. Tractors - dimensions and weight

- air pollution (density of exhaust fumes)

- position and marking of controls

- work protection (particularly cabs and frames)

4. Mopeds - lighting system

- braking system

5. Motorcycles -initial special Directives

6. Detergents - methods of measuring the biodegradability of non-ionic surface-active agents

- methods of measuring the biodegradability of cationic surface-active agents

7. Dangerous substances and preparations - household products

- explosive preparations

8. Liquid fuels -composition of certain liquid fuels

9. Measuring instruments - units for measuring liquids other than water

- taximeters

- determination of moisture content of cereals

- sorters and screening devices

10. Pressure vessels -special Directive(s)

11. Non-electrical cooking, heating and water-heating equipment -special Directives

12. Lifting equipment - civil engineering materials hoists

- conveyor belts

- cranes

13. Tools and machine tools subject to type-approval -outline Directive and initial special Directive

14. Precious metals

15. Packaging -biodegradability of packaging

16. Cements and building materials - classification of cements

- glass and ceramic products

17. Textiles - removal of additives

- sampling

18. Electrical equipment -power points

19. Oilpipes and gas pipes

ANNEX 2 (f) ABOLITION OF TECHNICAL BARRIERS TO TRADE IN INDUSTRIAL PRODUCTS

Proposals for Directives to be forwarded by the Commission before 1 January 1977 for adoption by the Council before 1 January 1978

1. Tractors -final Directives

2. Pleasure boats -special Directives

3. Mopeds -final Directives

4. Motorcycles -final Directives

5. Civil engineering plant and equipment -special Directives

6. Dangerous substances - corrosive substances

- type-approval

7. Measuring instruments -final Directives

8. Tableware and kitchen utensils -goods subject to type-approval (pressure cookers, etc.)

9. Non-electrical space-heating, cooking and water-heating equipment -final Directives

10. Detergents -method of measuring the biodegradability of ampholyte surface-active agents

11. Cements and building materials -final Directives

12. Metal scaffolding -scaffolding components

13. Firefighting and fire-proofing equipment -special Directives

14. Personal protective clothing and equipment - special Directives

15. Sporting guns and ammunition -special Directives

16. Toys 17. Equipment using ionising rays - industrial radiography equipment

- other Directives

18. School equipment - articles for schools

- other special Directives

19. Mechanical Conveyors

20. Textiles -non-woven