31. 7. 85 Official Journal of the European Communities No L 199/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2137/85 of 25 July 1985 on the European Economic Interest Grouping (EEIG) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 23§ thereof, Having regard to the proposal from the Commis- sion ('), Having regard to the opinion of the European Parliament (%), Having regard to the opinion of the Economic and Social Committee (?), Whereas a harmonious development of economic acti- vities and a continuous and balanced expansion throughout the Community depend on the establish- mend and smooth functioning of a common market offering conditions analogous to those of a national market ; whereas to bring about this single market and to increase its unity a legal framework which facilitates the adaptation of their activities to the economic conditions of the Community should be created for natural persons, companies, firms and other legal bodies in particular ; whereas to that end it is necessary that those natural persons, companies, firms and other legal bodies should be able to cooperate effectively across frontiers ; Whereas cooperation of this nature can encounter legal, fiscal or psychological difficulties ; whereas the creation of an appropriate Community legal instru- ment in the form of a European Economic Interest Grouping would contribute to the achievement of the (') OJ No C 14, 15. 2. 1974, p. 30 and OJ No C 103, 28. 4. 1978, p. 4. () OJ No C 163, 11. 7. 1977, p. 17. () OJ No C 108, 15. 5. 1975, p. 46. abovementioned objectives and therefore proves neces- sary ; Whereas the Treaty does not provide the necessary powers for the creation of such a legal instrument; Whereas a grouping’s ability to adapt to economic conditions must be guaranteed by the considerable freedom for its members in their contractual relations and the internal organization of the grouping; Whereas a grouping differs from a firm or company principally in its purpose, which is only to facilitate or develop the economic activities of its members to enable them to improve their own results ; whereas, by reason of that ancillary nature, a grouping’s activities must be related to the economic activities of its members but not replace them so that, to that extent, for example, a grouping may not itself, with regard to third parties, practise a profession, the concept of economic activities being interpreted in the widest sense ; Whereas access to grouping form must be made as widely available as possible to natural persons, compa- nies, firms and other legal bodies, in keeping with the aims of this Regulation ; whereas this Regulation shall not, however, prejudice the application at national level of legal rules and/or ethical codes concerning the conditions for the pursuit of business and professional activities ; Whereas this Regulation does not itself confer on any person the right to participate in a grouping, even where the conditions it lays down are fulfilled; Whereas the power provided by this Regulation to prohibit or restrict participation in grouping on grounds of public interest is without prejudice to the laws of Member States which govern the pursuit of activities and which may provide further prohibitions or restrictions or otherwise control or supervise partici- pation in a grouping by any natural person, company, firm or other legal body or any class of them;