No C 328/12 Official Journal of the European Communities 22. 12. 86
data banks, recording of telephone data, automatic
speech recognition, monitoring of TV viewing). On the
other hand, these networks will also make it technically
possible to improve the protection of personal data.
3.6.1. The Committee advocates more information
from the relevant bodies and more public discussion on
this subject so that the public's fears and mistrust
can be dispelled and the requisite legal basis for the
protection of privacy and personal data can be
improved. The political feasibility of the new openings
created by the ISDN will also depend on these matters
being settled. The more intensive marketing campaign
called for in the recommendation should cover this
aspect more fully at a very early stage, on the basis of
sound legal and social provisions.
3.6.2. On the other hand, the Committee considers
that advanced integrated services networks will, for
example, help to improve crime-detection methods and
protect natural resources (e.g. saving of paper due to
the use of electronic catalogues and records, long-term
conservation of energy due to the replacement of TV
transmitters, replacement of copper by silicon). These
aspects should also be borne in mind in the marketing
plans.
3.7. The Committee, like the Commission, sees a
close link between the acceptance of the new services
and the fixing of charges. During the switchover from
the analogue to the digital network, the present level
of charges should be maintained in principle despite the
need for more investment. An unjustifiable increase in
charges is likely to stifle demand considerably and make
it difficult to reduce unit costs by producing terminals
in large quantities.
Done at Brussels, 17 September 1986.
The Chairman
of the Economic and Social Committee
Gerd MUHR
Opinion on the proposal for a Council Directive amending Directive 85/611/EEC as regards
jurisdiction in disputes arising from the marketing of units of undertakings for collective
investment in transferable securities (UCITS) (*)
(86/C 328/06)
The Council decided on 7 May 1986 to ask the Economic and Social Committee, under
Article 198 of the Treaty establishing the European Economic Community, for an opinion
on the abovementioned proposal.
The Section for Industry, Commerce, Crafts and Services, which was responsible for the
preparatory work, adopted its opinion on 9 July 1986 (rapporteur: Mr De Bruyn).
At its 239th plenary session (meeting of 17 September 1986), the Economic and Social
Committee adopted unanimously the following opinion:
The Committee approves the proposal, subject to the
following comments:
1. Under Section VIII of the Council Directive of
20 December 1985 coordinating the laws, regulations
and administrative provisions concerning certain under-
(!) OJ No C 129, 28. 5. 1986, p. 5.
takings for collective investment in transferable securi-
ties (UCITS), such organisations had certain obligations
to carry out in Member States other than that in which
they were situated when marketing their units in those
states. A purchaser of UCITS units may bring disputes
relating to compliance with the provisions contained in
Section VIII before the relevant court in the country
where the UCITS' head office is located under Article 2
of the Brussels Convention of 27 September 1968 on
jurisdiction and the enforcement of judgments in civil
22.1286 C^fficial]ournal of the European Communities ^oC328^13
and commercial matters between the member States of
the European Economic Community.
2. Apurchaser of UClTSunitsmayalso bring the
matter before the cour t so fh i so rherown. domicile
under Articled (1) of the same Convention, which
provides for this possibility before the courts of the
place where a contractual obligation in dispute has
been, or is to be, performed. AsSection Vlll of the
Loirective of 20 Loecember 1985 lays down that UC1TS
must carry out certain obligations in any Aiember State
where their units are marketed, it is clear that this
clause in the Brussels Convention may be invoked.
Loone at Brussels, 17 September 1986.
COpm^onom
1. Lhe Committee welcomes the Commission'spro
posals. It is of the view that goods will move more
efficiently and freely within the Community if the num
^ o ^ e M e m ^ ^ B m ^ D . ^
3. The Committee is pleased that the proposal also
allows disputes to bebrought before thecourts in a
member State where units have been acquired,which
may beastate other than that in which the UC1PS has
its headquarters or the purchaser his or her domicile.
^. But it should be pointedout that the first para
graph of Article^8a only applies if the UCPTS has
marketed its units,within the meaning of SectionVHl
ofthef0irectiveof20l0ecemberl985,intheAiember
State where the units were acquired.
5. The Committee considers that the proposal does
not apply if the units were acquired on a stock
exchange. C^fcourse,while the stockbroker is an agent
within the meaning of commercial law,whenapurchase
ismadeonastocke^changethepurchaserdoesnot
know who the other party is.
o ^ r ^ ^ o ^ o ^ ^ ^ ^ ^ o ^ ^ C o ^ ^ r r ^
ber of technical and administrative checks at frontiers
is reduced and crossings made easier for carriers.
2. In the Committee's opinion the proposals will
help to reduce witingtimesconsiderably for hauliers
and their vehicles at the Community'sinternal frontiers
and to alleviatecustoms formalities at most internal
— the proposal foraCouncil directive amending directive 83Bi8iBEEC determining the
scope of Art ic lel^( i ) (d)ofl0irective77B3^8BEEC as regards exemption from value
added ta^ on the final importation of certain goods(^)
and
— the proposal foraCouncilL^irective amending directive 68B297BEEC on the standardiza-
tion of provisions regarding the dutyfree admission of fuel contained in the fuel tanks
ofcommercial motor vehicles^)
(86^C328B07)
C0nl8]ulyl986 the Council decided to consult the Economic and Social Committee, under
Articles 75 and 100 of thelreaty establishing the European Economic Community,on the
abovementioned proposals.
TheSectionforLransportandCommunications, which was responsible for preparing the
Committee'swork on the subject, adopted its opinion on 10 Septemberl986 in the light of
the report by Air Binnenbruck.
At its 239th plenary session (meeting of 17 September 1986), the Economic and Social
Committee adopted the following opinion unanimously^
Full & Egal Universal Law Academy