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ISSN 0256·5846 ,.Lli ; ISSN 0256·5846 ,.lli This Bulletin covers the period from 1 September 1993 to 31 December 1993 and reports on the activities of the Economic and Social Committee, a consultative body of the European Communities. It is published by the ESC's General Secretariat (2, rue Ravenstein, B-1000 Brussels) in the official Community languages (three editions per annum). ECONOMIC AND SOCIAL COMMITTEE Public Relations Division 2, rue Ravenstein B-1000 Brussels Tel.: 519 90 11 Telegram: ECOSEUR Fax: 513 48 93 Telex: 25 983 CESEUR Catalogue number: ESC-93-016-EN Brussels: General Secretariat of the Economic and Social Committee, 1994 Catalogue number: EX-AB~93-003-EN-C Reproduction is authorized, except for commercial purposes, provided the source is acknowledged. Printed in Belgium I Summary A. Activities of the Economic and Social Committee September 1993 . 1 B. Activities of the Economic and Social Committee October 1993 . 29 C. Activities of the Economic and Social Committee November 1993 .................................................. 63 D. Activities of the Economic and Social Committee December 1993 . 111 308st PLENARY SESSION Contents I - 308th PLENARY SESSION OF 22 AND 23 SEPTEMBER 1993 ........... 3 1. Right of Residence for Students.......................... 3 2. Dangerous Substances (14th amendment)............... 4 3. EEC-Australia- S & T Cooperation..................... 5 4. Fisheries/Act of Accession - Spain - Portugal.......... 7 5. Trade Arrangements........................................ 8 6. Reinforcing the Effectiveness of the Internal Market. 10 7. Green Paper on Media Concentration................... 13 8. The Public Sector in Europe (Own-initiative Opinion)...................................................... 16 9. Earthmoving Machinery................................... 20 10. Future of Community Initiatives.......................... 21 II - OUTSIDE PRESENCE AND INFLUENCE OF THE ESC . 24 III - IN MEMORIA .. .. 27 IV- FACT-FINDING VISITS.......................... 28 308st PLENARY SESSION 3 I - 308th Plenary Session of 22 and 23 September 1993 The 308th Plenary Session of the Economic and Social Committee of the European Community was held in Brussels on 22 and 23 September 1993, under the chairmanship of Mrs Susanne Tiemann. On Wednesday, 22 September, the Plenary Session was addressed by Commissioner Vanni d' Archirafi. Mr Vanni d' Archirafi spoke during the debate on the Opinion on the Strategic Programme - reinforcing the effectiveness of the Single Market. On Thursday, 23 September, Belgian Premier, Jean-Luc Dehaene, President-In-Office of the Council, outlined the Belgian Presidency's programme. During this Session, the Committee adopted the following Opinions: 1. RIGHT OF RESIDENCE FOR STUDENTS Proposal for a Council Directive on the right of residence for students (COM(93) 209 final - SYN 460) Gist of the Commission Proposal On 26 June 1989 the Commission sent to the Council a proposal for a Directive on the right of residence for students based on the second paragraph of Article 7 of the Treaty, which provides for a cooperation procedure with Parliament. After a tortuous legislative procedure, the Council finally adopted on the basis of Article 235 Directive 90/366/EEC on the right of residence for students. The Commission opposed the change in the legal basis. Parliament took the view that the change in the legal basis had failed to respect its prero­ gatives and initiated annulment proceedings in respect of Directive 90/366/EEC (Case C-295/90). The Commission, in its capacity as inter­ vener in the proceedings, supported Parliament. In its ruling of 7 July 1992, the Court of Justice upheld Parliament's appeal. It annulled Directive 90/366/EEC, ruling that' 'the effects of the 4 308st PLENARY SESSION annulled Directive shall continue to have force until the entry into force of a directive adopted on the appropriate legal basis". The purpose of this proposal is to set in motion the procedure that will result in a new Directive on the right of residence for students being adopted on the appropriate legal basis. In essence, the attached proposal reproduces the version of the Directive as adopted by the Council, and not the substance of the Commission's initial proposal. First of all the proposal asks the Member States to take measures necessary to facilitate exercise of the right of residence in order to guarantee access to vocational training in a non-discriminatory way. Member States shall recognize the right of residence to any student who is a national of a Member State and who does not enjoy this right under other provisions of Community Law. The right of residence shall be restricted to the duration of the course of studies in question. Gist of the Committee Opinion (CES 885/93) The Committee endorses the Commission Proposal. This Opinion, adopted unanimously, was drawn up in the light of the paper produced by the Section for Social, Family, Educational and Cultural Affairs, chaired by Mrs Giacomina Cassina (Italy- Workers). The Rapporteur was Mr !an Jacob van Dijk (Netherlands- Workers). 2. DANGEROUS SUBSTANCES (14th amendment) Proposal for a Council Directive amending for the fourteenth time Directive 76/769/EEC on the approxi­ mation of the laws, regulations and administrative provi­ sions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (COM(93) 134 final) Gist of the Commission proposal The proposal concerns restrictions on the marketing and use of nickel and its compounds. Specifically it limits the use of nickel in certain goods 308st PLENARY SESSION 5 of a personal nature which come into intimate and prolonged contact with the skin. The objective of the measure is to protect consumers from sensitization to nickel and from nickel dermatitis. Sensitization usually occurs following ear piercing and is attributed to the nickel content of posts inserted in the pierced hole during the period when the wound is healing. The proposal would ban the use of nickel in piercing posts and stipulate that nickel release should be limited from all nickel containing objects coming into intimate and prolonged contact with the skin. Gist of the Committee Opinion (CES 886/93) The Committee endorses the proposal and notes that test methods already exist for points I and 2 of Annex I but not for point 3 . It therefore recommends that Member States should not be required to apply the provisions of point 3 until the CEN has devised an appropriate test method. It also calls on the Member States to take steps to ensure that the Directive is respected by all links in the distribution chain and that consumers are properly informed of the risks. This Opinion, adopted unanimously, was drawn up in the light of the paper produced by the Section for Protection ofthe Environment, Public Health and Consumer Affairs, chaired by Mr Francisco Ceballo Herrero (Spain- Various Interests). The Rapporteur was Mr Enzo Beltrami (Italy -Employers); Co-Rapporteurs: Mrs Karen Gredal (Denmark- Various Interests) and Mr Jacques Tixier (France - Workers). 3. EEC-AUSTRALIA- S&T COOPERATION Proposal for a Council Decision concerning the conclusion of an Agreement relating to scientific and technical cooperation between the European Economic Community and Australia (COM(93) 269 fmal- SYN 461) Gist of the Commission proposal The Agreement which is the subject of this proposal for a decision seeks to defme a formal framework for developing scientific and technical cooperation between the European Community and Australia. 6 308st PLENARY SESSION In its Communication of 19 June 1990 on scientific and technical coope­ ration with third countries (COM(90) 256 final), the Commission stressed in particular the importance of developing scientific and technical coope­ ration in the context of strengthening links between the Community and Australia. The Commission also stressed that Australia had ''centres of scientific excellence'' which justified developing a partnership; a number of fields of interest had already been identified: telecommunications and infor­ mation technology, agriculture, biotechnology, materials and energy, to which other fields, such as environment and remote sensing, could be added in future. The Agreement thus negotiated with Australia is the first of its kind between the European Community and an industrialized third country outside Europe, and is intended to replace the arrangement signed in November 1986, which had the aim of initiating a form of cooperation through the exchange of non-confidential information arising from research in Australia and the European Community. The draft Agreement provides for: - the participation of persons and legal entities, research institutes, and other bodies, including the Parties themselves, in research projects conducted by Australia or the Community in a restricted number of research areas; - the shared use of research facilities in pursuit of cooperation on research projects; - visits and exchanges of scientists, engineers and other appropriate personnel; - the exchange of information; - other activities as may be jointly determined by a Joint Cooperation Committee in accordance with the applicable policies and programmes of the Parties; - the endorsement by the Parties of Technology Management Plans as a condition for research projects to proceed, as described in the Annex to the draft Agreement; - cooperative activities to be subject to the availability of funds and to the applicable laws and regulations, policies
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