27. 2. 75 Official  Journal  of the  European  Communities No C 47/43 
ANNEX 
to the Opinion  of the Economic  and  Social  Committee 
The following  amendment,  tabled  in accordance  with  the  Rules  of Procedure,  was  rejected 
during  the discussion: 
Page  4, point  2.3,  Article  5 
2.3.1: 
Add the following  sentence: 
'In this  respect  the  Commission  proposal  does  not  bring  any  improvement  to the  existing 
situation.' 
2.3.2: 
Substitute  the following  for the existing  text: 
'The  Committee  considers  that  the  co-insurance  of risks  situated  in different  countries 
should  be liberalized  in the  present  Directive.  It therefore  proposes  that  the  following 
sentence  be added  to Article  5: 
... If the  risk  is situated  in two  or more  countries  and  the  conflict  of laws  cannot  be 
resolved  by the foregoing  provision,  the law  applicable  shall  be that  of the country  in which 
the policy-holder  is established.' 
Reason 
As Article  5 is worded  now,  co-insurance  of risks  situated  in different  Member  States  falls 
outside  the scope  of the  Directive  if national  laws  contain  provisions  concerning  the place  of 
establishment  of the  leading  insurer  and  such  provisions  give  rise  to conflicts  of laws.  Article  5 
resolves  only  the  rare  conflicts  of laws  which  arise  when  the  risk  is situated  in one  country. 
In order  to extend  the scope  of the  Directive  to cover  cases  where  the risks  to be insured  are 
situated  in two  or more  countries,  a sentence  should  be added  to Article  5 providing  a solution 
to the conflicts  of laws  which  can  arise  in such  cases.  It should  be laid  down  that  if the present 
provisions  of Article  5 cannot  solve  a conflict  of laws,  the  law  applicable  should  be that  of 
the country  in which  the policy-holder  is established. 
This  extension  of the scope  of the Directive  would  enable  firms,  particularly  medium-sized  ones, 
which  do not  have  their  own  insurance  expert,  to lump  together  their  risks  in different  countries 
under  a single  co-insurance  policy.  Transport  risks,  which  in the case  of international  traffic  are 
necessarily  situated  in different  countries,  could  also  be covered  by the directive. 
Result  of the vote: 
For: 21, Against:  40, Abstentions:  12. 
Opinion  on the  proposal  for  a Council  Directive  on the  approximation  of the  laws 
of Member  States  relating  to the  installation  of lighting  and  light-signalling  devices  on 
wheeled  agricultural  or forestry  tractors 
The text  referred  to the  Committee  was  published  in Official  Journal  of  the  European 
Communities  No  C 104  of 13 September  1974,  pages  30 to 59. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 8 July  1974,  the  Council  referred  the  abovementioned  proposal  to the  Economic 
and Social  Committee  under  Article  100  of the  Treaty  establishing  the  European 
Economic  Community. 
No C 47/44 Official  Journal  of the  European  Communities 27. 2. 75 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 126th  plenary  session, 
held in Brussels  on 19 December  1974. 
The Opinion  is published  below: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the referral  on 9 July  1974  by the 
Council  of the  European  Communities  of the 
proposal  for  a  Council  Directive  on  the 
approximation  of the laws  of Member  States  relating 
to the  installation  of lighting  and  light-signalling 
devices  on wheeled  agricultural  or forestry  tractors; 
Having  regard  to  Article  100  of  the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the  decision  of its Bureau  of 16 
July 1974  instructing  the  Section  for  Industry, 
Commerce,  Crafts  and  Services  to draw  up  an 
Opinion  and  a report  on the matter; 
Having  regard  to the  Opinion  adopted  by  the 
Section  for Industry,  Commerce,  Crafts  and  Services 
at its meeting  on 4 December  1974; 
Having  regard  to the  report  submitted  by  the 
Rapporteur,  Mr Masprone; Having  regard  to the discussions  at its 126th  plenary 
session,  held  on 19 December  1974, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
1. The  Committee  approves  the proposal. 
2. The  Committee  has  a number  of comments  to 
make  on the annex  to the proposal.  In view  of the 
purely  technical  nature  of these  comments,  they  are 
contained  in the  Section's  report.  The  Committee 
calls  upon  the Commission  to examine  this  report. 
Done  at Brussels,  19 December  1974. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for  a Council  Directive  on the  approximation  of the  laws 
of the  Member  States  relating  to the  reverse  and  the  speedometer  of motor  vehicles 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 121  of 11 October  1974,  pages  31 to 33. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 20 August  1974,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  under  Article  100  of the  Treaty  establishing  the  European 
Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 126th  plenary  session, 
held in Brussels  on 19 December  1974. 
The Opinion  is published  below: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the referral  on 21 August  1974  by 
the Council  of the  European  Communities  of the proposal  for  a  Council  Directive  on  the 
approximation  of laws  of the Member  States  relating 
to the  reverse  and  the  speedometer  of motor 
vehicles;