9. 6. 81 Official Journal of the European Communities No C 138/15 
Opinion on the proposal for a Second Council Directive on the approximation of the laws 
of the Member States relating to insurance against civil liability in respect of the use of 
motor vehicles 
The text referred to the Committee has been published in Official Journal of the 
European Communities No C 214 of 21 August 1980, page 9. 
A. LEGAL BASIS FOR THE OPINION 
On 1 October 1981 the Council referred the abovementioned proposal to the Economic 
and Social Committee in accordance with Article 100 of the Treaty establishing the 
European Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
185th plenary session held in Brussels on 25 and 26 Februar 1981. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 100 thereof, 
Having regard to the request made by the Council of 
the European Communities on 1 October 1980 for an 
opinion on the proposal for a Second Council 
Directive on the approximation of the laws of the 
Member States relating to insurance against civil 
liability in respect of the use of motor vehicles, 
Having regard to the decision taken by its Bureau on 
23 September 1980, 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 issued by the Section 
for Industry, Commerce, Crafts and Services at its 
meeting on 7 January 1981, 
Having regard to the report submitted by the 
rapporteur, Mr De Bruyn, 
Having regard to the discussions at its 185th plenary 
session, held on 25 and 26 February 1981 (meeting of 
25 February 1981), 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 1.1. The present proposal for a Directive is a 
follow-up to the Council Directive of 24 April 1972 
(the 'green card' Directive) and the first Commission 
Decision of 6 February 1974 relating to the 
application of Council Directive 72/166/EEC of 
24 April 1972 on the approximation of the laws of the 
Member States relating to insurance against civil 
liability in respect of the use of motor vehicles and to 
the enforcement of the obligation to insure against 
such liability. 
1.2. On a general level, the Committee would 
express its satisfaction that the Commission has 
taken fresh steps to approximate the laws of the 
Member States in respect of motor vehicle civil 
liability insurance. It notes, however, that the 
proposed Directive lays down Community rules, 
which in some Member States would have wider-
ranging effects in the economic and social sphere, 
and in particular on the motor vehicle market. 
1.3. Nevertheless, account has been taken of the 
need to improve the position of road accident victims 
by ensuring that they have equivalent protection in 
all the Member States. This basic objective is 
achieved by a set of measures, including: 
— fixing a minimum guarantee under compulsory 
motor vehicle civil liability insurance for both 
personal injuries and damage to property; 
— requiring the Member States to arrange for 
persons sustaining damage to property or 
personal injuries caused by uninsured or 
No C 138/16 Official Journal of the European Communities 9. 6. 81 
unidentified vehicles to be compensated by a 
body set up for that purpose or authorized to 
perform that task by the Member State; 
— clarifying the effects of exceptions valid against 
both the policy-holder and the victims; 
— amending the definition of 'territory in which the 
vehicle is normally based'. 
1.4. The Committee accordingly approves the 
proposal for a Directive, subject to the comments set 
out below. 
Specific comments 
2. Article 1 (2) 
2.1. The Committee does not wish to call into 
question the principle of unlimited cover that applied 
in certain Member States. 
2.2. It does not, however, think that it is advisable 
to pursue such an objective at Community level, in 
view particularly of the technical difficulties and the 
cost involved. It therefore suggests that this 
paragraph be amended so as to require Member 
States that do not have unlimited cover to fix 
minimum sums to guarantee victims satisfactory 
compensation, these sums being at least 350 000 
EUA per victim for damage to property and personal 
injuries, and 500 000 EUA for all damage arising out 
of a single accident where there is more than one 
victim. Furthermore, since compensation for 
personal injuries is more important from the social 
point of view, the Committee urges that a special 
limit be fixed, in respect of damage to property (with 
due observance of the above minimum sums) that is 
lower than the limit for personal injuries, both per 
accident and per victim. This would obviate 
payments in respect of personal injuries being 
excessively reduced as a result of compensation 
having to be paid for damage to property in cases 
where the total damage and injury caused by an 
accident exceeds the maximum cover per accident. 
2.3. The Committee is aware of the problems that 
the fixing of these minimum sums will inevitably 
entail in certain countries (in particular, an increase 
in present insurance premiums), but it thinks that this 
step must be taken in order to achieve the objective, 
namely better protection for victims. 2.4. The procedure for the annual adjustment of the 
EUA equivalents in national currencies, albeit 
acceptable in theory, is ponderous. The Committee 
wonders whether this adjustment might not take 
place at longer intervals, say every three years. 
3. Article 1 (3) 
3.1. The Committee would advocate a distinction 
between personal injuries and damage to property. 
In the case of the latter, it is not possible to take into 
account the damage caused by an unidentified 
vehicle, since this would almost invariably create an 
opening for all kinds of abuses, and in particular it 
would be impossible to prevent damage caused by 
motorists themselves to their own vehicles from being 
reported as damage caused by unidentified 
vehicles. 
3.2. The Committee would agree to damage to 
property caused by identified but uninsured vehicles 
qualifying for compensation from the body referred 
to in Article 1, subject, however, to the possibility of 
applying a franchise, the amount of which would be 
left to the discretion of each Member State. The 
introduction of such a franchise would make it 
possible, without any major drawback in the social 
sphere, to avoid an unnecessary burden on the 
guarantee fund, since the victims involved in minor 
accidents could obtain compensation by applying 
direct to the party responsible for the accident. 
The Committee thinks that the proposal for a 
Directive should make it clear that the body referred 
to in Article 1, which in certain Member States is a 
subsidiary body, will make payments only in so far as 
a victim has not obtained compensation through 
other channels, without calling into question the 
existing rules in the various Member States. 
4. Article 2 
4.1. The Committee considers that the present 
wording of this Article is too general and should be 
amended to prevent the guarantee fund from having 
to cover risks that are unconnected with road traffic 
and as such fall outside the sphere of application of 
compulsory motor vehicle civil liability insurance. 
4.2. The Committee also considers that legislation 
concerning cases in which the insurer may refuse to 
pay compensation should be harmonized 
subsequently. 
9. 6. 81 Official Journal of the European Communities No C 138/17 
5. Article 3 
5.1. The Committee notes with satisfaction that the 
compulsory cover against motor vehicle civil liability 
has been extended to include the members of the 
family of the policy-holder and of any other person 
who incurs liability through the use of the motor 
vehicle subject to the insurance obligation. 
5.2. While this guarantee is perfectly justified as far 
as personal injuries are concerned, the Committee 
considers that damage to property poses a different 
problem, on account of the risks of collusion and 
confusion of property, and thinks therefore that it 
would be preferable not to make cover compulsory in 
this case. 
6. Article 4 
6.1. The Committee notes that the draft Directive 
will not solve the problem of liability that is open-
ended in terms of time. Use of the registration plate 
as sole evidence of the territory in which a vehicle is 
normally based will not enable certain difficulties to 
be overcome. 
6.2. The problem lies in the fact that use of the 
registration plate as evidence presupposes that this 
plate is valid, whereas this is not always the case. 
Done at Brussels, 25 February 1981. The Committee thinks therefore that the plate in 
question must be one issued for the vehicle in 
accordance with the regulations (even if its period of 
validity has expired) and not a false plate or one 
unlawfully affixed to the vehicle. 
7. Article 5 
7.1. The Committee would draw attention to the 
considerable increases in motorists' insurance 
premiums that will result particularly in those 
countries that at present have limits appreciably 
below those laid down in Article 1 (2) (see 
explanatory memorandum). 
7.2. It thinks that the date by which the Member 
States are to bring into force the measures necessary 
to comply with the Directive should be fixed with due 
regard to this situation. 
7.3. The Committee considers that it would be 
possible to provide for gradual entry into force of the 
Directive in order to take account of cases where the 
present level of the premiums would rise 
considerably on account of application of the 
Directive. 
The Chairman 
of the Economic and Social Committee 
Tomas ROSEINGRAVE