No C 263/58 Official  Journal  of the European  Communities 17.11.  75 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  on 16 January  1975,  by 
the Council  of the  European  Communities  for  an 
Opinion  on the proposal  for a Council  Directive  on 
the approximation  of the laws  of the Member  States 
relating  to head  restraints  of seats  of motor  vehicles; 
Having  regard  to  Article  100  of  the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the  decision  taken  by its Bureau, 
entrusting  the  Section  for  Industry,  Commerce, 
Crafts  and  Services  with  the  preparation  of an 
Opinion  and  a report  on the  matter  (decision  of 
28 January  1975); 
Having  regard  to the  Opinion  delivered  by the 
Section  for Industry,  Commerce,  Crafts  and  Services 
at its meeting  on 4 June  1975; 
Having  regard  to the  report  submitted  by  Mr 
Masprone,  Rapporteur; 
Having  regard  to the  discussions  at its meeting  on 
25 June  1975  (131st  plenary  session  of 25 and 
26 June  1975), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the proposal,  subject  to the 
following  comments: 
1. General  comments 
1.1. Road  accidents  surveys  have  shown  that  the 
proportion  of rear  collisions  is dependent  on vehicle 
usage.  It is noticeably  higher  in countries  where  the 
car is widely  used  in towns  than  it is in countries where  traffic  is mainly  concentrated  on  roads 
outside  urban  areas.  The  proliferation  of motorways 
equally  increases  the likelihood  of multiple  pile-ups, 
where  impact  from  the  rear  propels  a vehicle 
forward,  causing  it to collide  with  the  vehicle  in 
front  and  thus  creating  a rocking  motion  liable  to 
dislocate  the neck  and  fracture  the cervical  vertebrae. 
1.2. Nevertheless,  surveys  on  the  behaviour  of 
head  restraints  in accidents  do not suggest  that  these 
protective  devices  are  certain  to  prevent  the 
characteristic  injuries  generally  associated  by the 
public  with  their  absence. 
1.3. The  Commission,  taking  into  account  the 
survey  and  research  material  currently  available,  has 
decided  not  to prescribe  head  restraints  in all 
vehicles  presented  for EEC  type-approval.  The  case 
is less  strong  for head  restraints  in their  present  form 
than it is for safety  belts,  whose  effectiveness  is no 
longer  questioned  by anyone. 
1.4. The  Committee  shares  this  point  of view  but 
calls  on the  Commission  to push  ahead  with  its 
investigations  and  to present  relevant  proposals  as 
soon  as surveys  have  proved  the effectiveness  of head 
restraints  in the event  of rear-impact  accidents. 
1.5. For  the  time  being,  however,  measures, 
should  be taken  to ban  the  sale  and  use  of head 
restraints  which,  owing  to their  design  and  the way 
they are fixed  to the seats  of motor  vehicles,  provide 
no protection  against  rear-impact  accidents  and  are 
thus a completely  bogus  form  of user-protection. 
Done  at Brussels,  25 June  1975. 
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  roll-over  protection  structures  of wheeled 
agricultural  or forestry  tractors 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 134  of 16 June  1975,  page  85. 
17.11.  75 Official  Journal  of the European  Communities No C 263/59 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 20 January  1975,  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 131st  plenary  session, 
held in Brussels  on 25 and 26 June  1975. 
The Opinion  is published  below. 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  on 20 January  1975  by 
the Council  of the  European  Communities,  of an 
Opinion  on the proposal  for a Council  Directive  on 
the approximation  of the laws  of the Member  States 
relating  to the  roll-over  protection  structures  of 
wheeled  agricultural  or forestry  tractors; 
Having  regard  to Article  100  of the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the decision  taken  by its Bureau  on 
28 January  1975,  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 June  1975; 
Having  regard  to the  report  submitted  by  the 
Rapporteur,  Mr Purpura; 
Having  regard  to the discussions  at its meeting  on 25 
June  1975  (131st  plenary  session  of 25 and 26 June 
1975); 
Having  regard  to the  General  Programme  for the 
elimination  of technical  barriers  to trade  in the 
industrial  sector,  set out in the Council  resolution  of 
28 May  1969,  and  supplemented  by the  Council 
resolution  of 21 May  1973; 
Having  regard  to  the  Council  resolution  of 
17 December  1973  on Industrial  Policy,  which 
contains  provisions  for  the adoption  of standards 
governing  roll-over  protection  structures  for 
agricultural  or forestry  tractors,  on the basis  of and 
pursuant  to proposals  for Directives  submitted  by 
the Commission; Having  regard  to Council  Directives  No 74/150/EEC, 
No 54/151/EEC  and  No  74/152/EEC  of 4 March 
1974  H on the  approximation  of the  laws  of the 
Member  States  relating  to: 
— the type  approval  of wheeled  agricultural  or 
forestry  tractors; 
— certain  components  and  characteristics  of 
wheeled  agricultural  or forestry  tractors; 
— the maximum  design  speed  of,  and  load 
platforms  for,  wheeled  agricultural  or forestry 
tractors; 
Having  regard  to Council  Directives  No 74/346/EEC 
and No  74/347/EEC  of 25 June  1974  (2) on the 
approximation  of the  laws  of the  Member  States 
relating  to: 
— rear  view  mirrors  of wheeled  agricultural  or 
forestry  tractors; 
— the field  of vision  and  windscreen  wipers  of 
wheeled  agricultural  and forestry  tractors; 
Having  regard  to the Opinions  of the Economic  and 
Social  Committee  on the corresponding  Directives  (3); 
Whereas  there  is a need  to continue  the process  of 
approximating  the  relevant  national  legislation  in 
order  to achieve  effective  free  trade  in wheeled 
agricultural  and forestry  tractors; 
Whereas  in the general  framework  of its action  to 
prevent  occupational  accidents,  the  Community 
should  contribute,  by  approximating  national 
legislation,  to guaranteeing  the  safety  at work  of 
persons  using  wheeled  agricultural  and  forestry 
tractors, 
H OJ  No L 84, 28. 3. 1974. 
(2) OJ No 191,  15. 7. 1974. 
(3) OJ No 42, 7. 3. 1967  and  OJ No C 42, 2. 4. 1969. 
No C 263/60 Official  Journal  of the  European  Communities 17.11.75 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Economic  and  Social  Committee  approves  the 
proposal  for  a Directive,  subject  to the  following 
comments: 
1. Scope 
1.1. The  proposal  concerns  the  strength  and 
attachment  of roll-over  protection  structures  (safety 
cab or frame)  'fitted  to tractors  with  the  essential 
purpose  of avoiding  or limiting  risks  to the  driver 
resulting  from  accidental  roll-over  of the  tractor 
during  normal  use'. 
1.2. As  the  recitals  expressly  state,  the  proposal 
does  not cover  other  components  and  characteristics 
of the roll-over  protection  structures  of tractors,  such 
as dimensions,  doors,  safety  glass,  prevention  of 
continuous  rolling  of the  tractor  in the  event  of 
overturning,  the  noise  level  audible  to the  driver; 
these  aspects  have  been  or will  be covered  by other 
harmonization  Directives. 
1.3. The  Economic  and  Social  Committee  notes 
the scope  of the proposed  Directive,  and  requests: 
(a) that  the Commission  submit  as soon  as possible 
the other  proposals  for Directives  on agricultural 
and forestry  tractors,  so that  the  whole  sector 
will be covered,  and Council  Directive  No 74/150/ 
EEC  of 4 March  1974  on the  type-approval  of 
tractors  can  be implemented  in full; 
(b) that  when  the  various  relevant  Directives  have 
been  adopted  they  should  be coordinated  and,  if 
possible,  consolidated  in a single  instrument  so as 
to give  tractor  manufacturers  a complete  overall 
statement  of Community  rules. 
1.4. There  is  no  need  to  stress  that 
implementation  in one  step  of the various  provisions 
rathei;  than  in several  instalments,  would  mean 
savings  in time  and  production  costs  for  tractor 
manufacturers;  it would  also  guarantee  tractor 
drivers  full legal  and  technical  protection. 
1.5. The  scope  of the  proposed  Directive  is 
defined  in Article  1. It is to cover  tractors  which: 
— have  a clearance  beneath  the  rear  axle  of not 
more  than  1 000 mm; — have  an adjustable  track  width  of 1 150 mm; 
— weigh  between  1-5 and 4-5 metric  tons. 
1.6. The  proposal  covers  agricultural  and  forestry 
tractors  as defined  in Council  Directive  No 74/150/ 
EEC  of 4 March  1974  on type  approval.  Such 
tractors  are defined  as any  motor  vehicle  fitted  with 
wheels,  having  at least  two  axles,  the main  function 
of which  lies  in its tractive  power  and  which  is 
specially  designed  to tow,  push,  carry  or power  certain 
tools,  machinery  or trailers  intended  for agricultural 
or forestry  use.  It may  be equipped  to carry  a load 
and passengers.  Such  tractors  must  be fitted  with 
pneumatic  tyres,  have  two  axles  and  a maximum 
design  speed  of between  6 and 25 km/h. 
1.7. The  Directive  thus  does  not  cover  tractors 
with  a design  speed  of less  than  6 km/h  or more  than 
25 km/h.  The  Committee  calls  on the Commission  to 
draw  up as a matter  of urgency  a Directive  on high-
speed  tractors,  that  is to say  those  tractors  whose 
design  speed  exceeds  25 km/h. 
2. Type  of harmonization 
2.1. Tractor  manufacturers  are  obliged  to 
ensure  that  tractors  manufactured  by them  are fitted 
with  protection  structures,  even  if the cabs  or safety 
frames  have  been  produced  by other  firms.  This 
means  that  where  two  different  firms  are involved, 
namely  a tractor  manufacturer  and  a protection-
structure  manufacturer,  it is the tractor  manufacturer 
who is responsible  for obtaining  type-approval  and 
who must  ensure  that  the fastening  of the protection 
structure  conforms  to the prescribed  standards,  even 
if he buys  the  structures  from  another  firm. 
2.2. This  provision  is warranted  if it is borne  in 
mind  that  the purpose  of the proposed  Directive  — 
within  the framework  of the approximation  of laws 
to remove  technical  barriers  to Community  trade 
is to prevent  road  accidents  and  occupational 
accidents  involving  tractor  drivers. 
2.3. The  Committee  approves  this  objective  and 
welcomes  the  fact  that  the  Commission  has,  in 
applying  Article  100  of the Treaty,  borne  in mind  the 
need  to contribute  to the  occupational  safety 
campaign.  It is indeed  common  knowledge  that  every 
year,  particularly  in those  Member  States  where 
agricultural  or forestry  tractors  are  used  in hilly 
17.11.  75 Official  Journal  of the European  Communities No C 263/61 
areas,  a large  number  of serious  or fatal  accidents 
occur  when  tractors  overturn  or roll  over. 
2.4. The  Committee  would  have  welcomed 
inclusion  in the present  proposal  of safety  standards 
for the use of tractors  by farmers.  If these  standards 
could  not  be introduced  under  Article  100,  Article 
235 could  have  been  invoked.  Article  235  states  that 
'if action  by the Community  should  prove  necessary 
to attain,  in the  course  of the  operation  of the 
common  market,  one  of the  objectives  of the 
Community  and  this  Treaty  has  not  provided  the 
necessary  powers,  the  Council  shall  ...  take  the 
appropriate  measures'. 
2.5. In  the present  proposal,  as in other  Directives 
concerning  agricultural  and  forestry  tractors,  the 
Commission  proposes  'optional'  harmonization, 
that is to say  the  Member  States  are  at liberty  to 
retain  their  relevant  municipal  legislation  side-by-
side with  the Community  Directive. 
2.6. As  a general  rule,  the Committee  has in recent 
years  supported  'total'  harmonization,  which  is 
more  compatible  with  the  aims  of eliminating 
technical  barriers  and  of approximating  the  laws, 
regulations  and  administrative  provisions  of the 
Member  States.  The  Committee  did,  however, 
support  optional  harmonization  in its Opinion  on 
the other  Directives  concerning  agricultural  and 
forestry  tractors. 
2.7. As  regards  devices  to prevent  tractors  from 
overturning,  it is essential  to recall  that  one  of the 
aims,  if not  the  key  aim,  of harmonization  is the 
prevention  of occupational  accidents.  Accordingly, 
total  harmonization  is called  for. 2.8. The  Committee  can  therefore  accept  optional 
harmonization  for a limited  period  only,  after  which 
total  harmonization  should  be enforced. 
3. Specific  comments 
3.1. Article  6 
3.1.1.  Article  6 stipulates  the  date  of entry  into 
force  of the proposed  Directive.  The  Member  States 
are obliged  to publish  not later  than  1 June  1976  the 
provisions  needed  to bring  their  national  legislation 
into line  with  the  Directive.  Community  standards 
are to apply  as from  1 January  1977. 
3.1.2.  The  Committee  notes  that,  as a general  rule, 
Community  Directives  enter  into  force  18 months 
after  they  have  been  approved  and  published  in the 
individual  Member  States.  The  Committee  therefore 
proposes  that  the date  of entry  into  force  should  be 
postponed  from  1 January  1977  to 1 January  1978. 
3.2. Technical  annexes 
The Committee  requests  that  the  Commission  and 
the Council  examine  a number  of purely  technical 
comments  which  it has  made  on the annexes  to the 
proposed  Directive  and  which  are  contained  in the 
report. 
Done  at Brussels,  25 June  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for  a Council  Regulation  laying  down  measures  for  the 
rationalization  of horticultural  production  under  glass 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 125  of 5 June  1975,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 28 April  1975,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  under  Article  198  of the  Treaty  establishing  the  European 
Economic  Community.