11. 1. 84 Official Journal of the European, Communities No L 8/17 (Acts whose publication is not obligatory) COUNCIL SECOND COUNCIL DIRECTIVE of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (84/S/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to theé Treaty establishing the European Economic Community, and in particular Article 100 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, by Council Directive 72/166/EEC (¥), as amended by Directive 72/430/EEC (%), the Council approximated 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 obli- gation to insure against such liability; Whereas Article 3 of Directive 72/166/EEC requires each Member State to take all appropriate measures to ensure that civil liability in respect of the use of vehicles normally based in its territory is covered by insurance ; whereas the extent of the liability covered and the terms and conditions of the insurance cover are to be determined on the basis of those measures ; () OJ No C 214, 21. 8. 1980, p. 9 and OJ No C 78, 30. 3. 1982, p. 17, . (® OJ No C 287, 9. 11. 1981, p. 44. () OJ No C 138, 9. 6. 1381, p. 15. () O] No L 103, 2. 5. 1972, p. 2. () OJ No L 291, 28. 12. 1972, p. 162 Whereas, however, major disparities continue to exist between the laws of the different Member States concerning the extent of this obligation of insurance cover ; whereas these disparities have a direct effect upon the establishment and the operation of the common market ; Whereas, in particular, the extension of the obligation of insurance cover to include liability incurred in respect of damage to property is justified ; Whereas the amounts in respect of which insurance is compulsory must in any event guarantee victims adequate compensation irrespective of the Member State in which the accident occurred ; Whereas it is necessary to make provision for a body to guarantee that the victim will not remain without compensation where the vehicle which caused the accident is uninsured or unidentified ; whereas it is important, without amending the provisions applied by the Member States with regard to the subsidiary or non-subsidiary nature of the compensation paid by that body and to the rules applicable with regard to subrogation, to provide that the victim of such an acci- dent should be able to apply directly to that body as a first point of contact; whereas, however, Member States should be given the possibility of applying certain limited exclusions as regards the payment of compensation by that body and of providing that compensation for damage to property caused by an unidentified vehicle may be limited or excluded in view of the danger of fraud; Whereas it is in the interest of victims that the effects of certain exclusion clauses be limited to the relation- ship between the insurer and the person responsible