# Official Journal L 263/2009

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2009.263.eng |
| --- | --- |
| Official Journal
  of the European Union | L 263 |
| | |
| English edition | Legislation | Volume 527 October 2009 |

ISSN 1725-2555

doi:10.3000/17252555.L_2009.263.eng

Official Journal

of the European Union

L 263

English edition

Legislation

Volume 527 October 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 929/2009 of 6 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 930/2009 of 6 October 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 marketing year | 3 |
| | * | Commission Regulation (EC) No 931/2009 of 5 October 2009 establishing a prohibition of fishing for herring in ICES subdivision 28.1 by vessels flying the flag of Estonia | 5 |
| | * | Commission Regulation (EC) No 932/2009 of 5 October 2009 establishing a prohibition of fishing for saithe in VI; EC waters of Vb; EC and international waters of XII and XIV by vessels flying the flag of Spain | 7 |
| | * | Commission Regulation (EC) No 933/2009 of 6 October 2009 laying down detailed rules for the application of Council Regulation (EC) No 779/98 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Turkey | 9 |
| | | DIRECTIVES |
| | * | Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (
  1
  ) | 11 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 929/2009 of 6 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 930/2009 of 6 October 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 marketing year

3

*

Commission Regulation (EC) No 931/2009 of 5 October 2009 establishing a prohibition of fishing for herring in ICES subdivision 28.1 by vessels flying the flag of Estonia

5

*

Commission Regulation (EC) No 932/2009 of 5 October 2009 establishing a prohibition of fishing for saithe in VI; EC waters of Vb; EC and international waters of XII and XIV by vessels flying the flag of Spain

7

*

Commission Regulation (EC) No 933/2009 of 6 October 2009 laying down detailed rules for the application of Council Regulation (EC) No 779/98 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Turkey

9

DIRECTIVES

*

Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (
  1
  )

1

11

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2009/739/EC |
| | * | Commission Decision of 2 October 2009 setting out the practical arrangements for the exchange of information by electronic means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market
  (notified under document C(2009) 7493)

   (
  1
  ) | 32 |
| | | 2009/740/EC |
| | * | Commission Decision of 6 October 2009 granting a derogation to France pursuant to Decision 2008/477/EC on the harmonisation of the 2500-2690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community
  (notified under document C(2009) 7514) | 35 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

2009/739/EC

*

Commission Decision of 2 October 2009 setting out the practical arrangements for the exchange of information by electronic means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market
  (notified under document C(2009) 7493)

   (
  1
  )

(notified under document C(2009) 7493)

1

32

2009/740/EC

*

Commission Decision of 6 October 2009 granting a derogation to France pursuant to Decision 2008/477/EC on the harmonisation of the 2500-2690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community
  (notified under document C(2009) 7514)

(notified under document C(2009) 7514)

35

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 7.10.2009 | EN | Official Journal of the European Union | L 263/1 |
| --- | --- | --- | --- |

7.10.2009

EN

Official Journal of the European Union

L 263/1

---

COMMISSION REGULATION (EC) No 929/2009

of 6 October 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 7 October 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 28,7 |
| ZZ | 28,7 |
| 0707 00 05 | TR | 114,4 |
| ZZ | 114,4 |
| 0709 90 70 | TR | 110,4 |
| ZZ | 110,4 |
| 0805 50 10 | AR | 93,2 |
| CL | 77,5 |
| TR | 80,9 |
| ZA | 69,8 |
| ZZ | 80,4 |
| 0806 10 10 | BR | 235,1 |
| EG | 159,5 |
| TR | 103,6 |
| US | 152,0 |
| ZZ | 162,6 |
| 0808 10 80 | BR | 63,0 |
| CL | 87,3 |
| NZ | 70,3 |
| US | 80,3 |
| ZA | 67,3 |
| ZZ | 73,6 |
| 0808 20 50 | AR | 82,8 |
| CN | 58,3 |
| TR | 97,2 |
| ZA | 78,9 |
| ZZ | 79,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

28,7

ZZ

28,7

0707 00 05

TR

114,4

ZZ

114,4

0709 90 70

TR

110,4

ZZ

110,4

0805 50 10

AR

93,2

CL

77,5

TR

80,9

ZA

69,8

ZZ

80,4

0806 10 10

BR

235,1

EG

159,5

TR

103,6

US

152,0

ZZ

162,6

0808 10 80

BR

63,0

CL

87,3

NZ

70,3

US

80,3

ZA

67,3

ZZ

73,6

0808 20 50

AR

82,8

CN

58,3

TR

97,2

ZA

78,9

ZZ

79,3

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

---

| 7.10.2009 | EN | Official Journal of the European Union | L 263/3 |
| --- | --- | --- | --- |

7.10.2009

EN

Official Journal of the European Union

L 263/3

---

COMMISSION REGULATION (EC) No 930/2009

of 6 October 2009

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/2010 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EC) No 928/2009 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/2010 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EC) No 928/2009 (4).

| (2) | The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
| --- | --- |

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/2010, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 7 October 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 178, 1.7.2006, p. 24.

2

(3)  OJ L 253, 25.9.2009, p. 3.

3

(4)  OJ L 262, 6.10.2009, p. 38.

4

---

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 7 October 2009

| (EUR) |
| --- |
| CN code | Representative price per 100 kg net of the product concerned | Additional duty per 100 kg net of the product concerned |
| 1701 11 10 (1) | 35,59 | 0,61 |
| 1701 11 90 (1) | 35,59 | 4,23 |
| 1701 12 10 (1) | 35,59 | 0,47 |
| 1701 12 90 (1) | 35,59 | 3,93 |
| 1701 91 00 (2) | 40,52 | 5,31 |
| 1701 99 10 (2) | 40,52 | 2,18 |
| 1701 99 90 (2) | 40,52 | 2,18 |
| 1702 90 95 (3) | 0,41 | 0,27 |

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10 (1)

35,59

0,61

1701 11 90 (1)

35,59

4,23

1701 12 10 (1)

35,59

0,47

1701 12 90 (1)

35,59

3,93

1701 91 00 (2)

40,52

5,31

1701 99 10 (2)

40,52

2,18

1701 99 90 (2)

40,52

2,18

1702 90 95 (3)

0,41

0,27

---

(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

---

| 7.10.2009 | EN | Official Journal of the European Union | L 263/5 |
| --- | --- | --- | --- |

7.10.2009

EN

Official Journal of the European Union

L 263/5

---

COMMISSION REGULATION (EC) No 931/2009

of 5 October 2009

establishing a prohibition of fishing for herring in ICES subdivision 28.1 by vessels flying the flag of Estonia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 1322/2008 of 28 November 2008 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (3), lays down quotas for 2009. |
| --- | --- |

(1)

Council Regulation (EC) No 1322/2008 of 28 November 2008 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (3), lays down quotas for 2009.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2009 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 2009.

For the Commission

Fokion FOTIADIS

Director-General for Maritime Affairs and Fisheries

---

(1)  OJ L 358, 31.12.2002, p. 59.

1

(2)  OJ L 261, 20.10.1993, p. 1.

2

(3)  OJ L 345, 23.12.2008, p. 6.

3

---

ANNEX

| No | E2/EE/BS/001 |
| --- | --- |
| Member State | Estonia |
| Stock | HER/03D.RG |
| Species | Herring (Clupea harengus) |
| Zone | Sub division 28.1 |
| Date | 12.7.2009 |

No

E2/EE/BS/001

Member State

Estonia

Stock

HER/03D.RG

Species

Herring (Clupea harengus)

Zone

Sub division 28.1

Date

12.7.2009

---

| 7.10.2009 | EN | Official Journal of the European Union | L 263/7 |
| --- | --- | --- | --- |

7.10.2009

EN

Official Journal of the European Union

L 263/7

---

COMMISSION REGULATION (EC) No 932/2009

of 5 October 2009

establishing a prohibition of fishing for saithe in VI; EC waters of Vb; EC and international waters of XII and XIV by vessels flying the flag of Spain

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2009. |
| --- | --- |

(1)

Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2009.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2009 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 2009.

For the Commission

Fokion FOTIADIS

Director-General for Maritime Affairs and Fisheries

---

(1)  OJ L 358, 31.12.2002, p. 59.

1

(2)  OJ L 261, 20.10.1993, p. 1.

2

(3)  OJ L 22, 26.1.2009, p. 1.

3

---

ANNEX

| No | 22/T&Q |
| --- | --- |
| Member State | Spain |
| Stock | POK/561214 |
| Species | Saithe (Pollachius virens) |
| Zone | VI; EC waters of Vb; EC and international waters of XII and XIV |
| Date | 1.9.2009 |

No

22/T&Q

Member State

Spain

Stock

POK/561214

Species

Saithe (Pollachius virens)

Zone

VI; EC waters of Vb; EC and international waters of XII and XIV

Date

1.9.2009

---

| 7.10.2009 | EN | Official Journal of the European Union | L 263/9 |
| --- | --- | --- | --- |

7.10.2009

EN

Official Journal of the European Union

L 263/9

---

COMMISSION REGULATION (EC) No 933/2009

of 6 October 2009

laying down detailed rules for the application of Council Regulation (EC) No 779/98 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Turkey

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 144(1) and Article 148 in conjunction with Article 4 thereof,

Having regard to Council Regulation (EC) No 779/98 of 7 April 1998 on the import into the Community of agricultural products originating in Turkey, repealing Regulation (EEC) No 4115/86 and amending Regulation (EC) No 3010/95 (2), and in particular Article 1 thereof,

Whereas:

| (1) | Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on the trade regime for agricultural products (3) establishes the system of preferences applicable to imports into the Community of agricultural products originating in Turkey. |
| --- | --- |

(1)

Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on the trade regime for agricultural products (3) establishes the system of preferences applicable to imports into the Community of agricultural products originating in Turkey.

| (2) | Commission Regulation (EC) No 1383/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 779/98 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Turkey (4), which replaced Regulation (EC) No 1396/98 (5), has opened import tariff quotas for poultrymeat products and established the rules for their management. |
| --- | --- |

(2)

Commission Regulation (EC) No 1383/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 779/98 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Turkey (4), which replaced Regulation (EC) No 1396/98 (5), has opened import tariff quotas for poultrymeat products and established the rules for their management.

| (3) | The use of the first-come, first-served principle has proved positive in other agricultural sectors, and in the interest of administrative simplification, the annual quota to which this Regulation refers should henceforth be administered in accordance with the method indicated in Article 144(2)(a) of Regulation (EC) No 1234/2007. This should be done in accordance with Articles 308a, 308b and 308c(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6). |
| --- | --- |

(3)

The use of the first-come, first-served principle has proved positive in other agricultural sectors, and in the interest of administrative simplification, the annual quota to which this Regulation refers should henceforth be administered in accordance with the method indicated in Article 144(2)(a) of Regulation (EC) No 1234/2007. This should be done in accordance with Articles 308a, 308b and 308c(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6).

| (4) | Due to the particularities of the transfer from one administrative system to the other, the annual quota to which this Regulation refers should be regarded as non-critical within the meaning of Article 308c of Regulation (EEC) No 2454/93. However, it cannot be excluded that it may become critical within the meaning of that Article, should circumstances change. |
| --- | --- |

(4)

Due to the particularities of the transfer from one administrative system to the other, the annual quota to which this Regulation refers should be regarded as non-critical within the meaning of Article 308c of Regulation (EEC) No 2454/93. However, it cannot be excluded that it may become critical within the meaning of that Article, should circumstances change.

| (5) | Regulation (EC) No 1383/2007 should therefore be repealed and replaced by a new Regulation. However, it would be expedient to continue to apply that Regulation to the import licences issued for the import quota periods prior to those covered by this Regulation. |
| --- | --- |

(5)

Regulation (EC) No 1383/2007 should therefore be repealed and replaced by a new Regulation. However, it would be expedient to continue to apply that Regulation to the import licences issued for the import quota periods prior to those covered by this Regulation.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

1.   This Regulation opens the tariff quota indicated in the Annex for the import of poultrymeat products.

The tariff quota shall be opened on an annual basis for the period from 1 January to 31 December (import quota period).

2.   The quota set out in the Annex to this Regulation shall be managed in accordance with Articles 308a, 308b and 308c(1) of Regulation (EEC) No 2454/93. Article 308c(2) and (3) of that Regulation shall not apply.

Article 2

The products imported under the quota in the Annex hereto shall be released for free circulation on presentation of a proof of origin in accordance with Article 16 of Protocol 3 annexed to Decision No 1/98 of the EC-Turkey Association Council.

Article 3

Regulation (EC) No 1383/2007 is hereby repealed. However, it shall continue to apply to duties arising from licences issued before 1 January 2010 up to the time they expire.

Article 4

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2009.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 113, 15.4.1998, p. 1.

2

(3)  OJ L 86, 20.3.1998, p. 1.

3

(4)  OJ L 309, 27.11.2007, p. 34.

4

(5)  OJ L 187, 1.7.1998, p. 41.

5

(6)  OJ L 253, 11.10.1993, p. 1.

6

---

ANNEX

| Order number | CN codes | Customs duty under tariff quota
  (EUR/tonne) | Annual tariff quota
  (tonnes, net weight) |
| --- | --- | --- | --- |
| 09.0244 | 0207 25 10 | 170 | 1 000 |
| 0207 25 90 | 186 |
| 0207 27 30 | 134 |
| 0207 27 40 | 93 |
| 0207 27 50 | 339 |
| 0207 27 60 | 127 |
| 0207 27 70 | 230 |

Order number

CN codes

Customs duty under tariff quota

(EUR/tonne)

Annual tariff quota

(tonnes, net weight)

09.0244

0207 25 10

170

1 000

0207 25 90

186

0207 27 30

134

0207 27 40

93

0207 27 50

339

0207 27 60

127

0207 27 70

230

---

DIRECTIVES

| 7.10.2009 | EN | Official Journal of the European Union | L 263/11 |
| --- | --- | --- | --- |

7.10.2009

EN

Official Journal of the European Union

L 263/11

---

DIRECTIVE 2009/103/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 September 2009

relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability

(codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of 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 (3), Second Council Directive 84/5/EEC 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 (4), Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (5) and Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (Fourth motor insurance Directive) (6) have been substantially amended several times (7). In the interests of clarity and rationality those four Directives should be codified, as well as Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (8). |
| --- | --- |

(1)

Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of 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 (3), Second Council Directive 84/5/EEC 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 (4), Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (5) and Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (Fourth motor insurance Directive) (6) have been substantially amended several times (7). In the interests of clarity and rationality those four Directives should be codified, as well as Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (8).

| (2) | Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens, whether they are policyholders or victims of an accident. It is also a major concern for insurance undertakings as it constitutes an important part of non-life insurance business in the Community. Motor insurance also has an impact on the free movement of persons and vehicles. It should therefore be a key objective of Community action in the field of financial services to reinforce and consolidate the internal market in motor insurance. |
| --- | --- |

(2)

Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens, whether they are policyholders or victims of an accident. It is also a major concern for insurance undertakings as it constitutes an important part of non-life insurance business in the Community. Motor insurance also has an impact on the free movement of persons and vehicles. It should therefore be a key objective of Community action in the field of financial services to reinforce and consolidate the internal market in motor insurance.

| (3) | Each Member State must 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. 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. |
| --- | --- |

(3)

Each Member State must 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. 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.

| (4) | In order to exclude any possible misinterpretation of this Directive and to make it easier to obtain insurance cover for vehicles bearing temporary plates, the definition of the territory in which the vehicle is normally based should refer to the territory of the State of which the vehicle bears a registration plate, irrespective of whether such a plate is permanent or temporary. |
| --- | --- |

(4)

In order to exclude any possible misinterpretation of this Directive and to make it easier to obtain insurance cover for vehicles bearing temporary plates, the definition of the territory in which the vehicle is normally based should refer to the territory of the State of which the vehicle bears a registration plate, irrespective of whether such a plate is permanent or temporary.

| (5) | While respecting the general criterion of the registration plate to determine the territory in which the vehicle is normally based, a special rule should be laid down for accidents caused by vehicles without a registration plate or bearing a registration plate which does not correspond or no longer corresponds to the vehicle. In this case and for the sole purpose of settling the claim, the territory in which the vehicle is normally based should be deemed to be the territory in which the accident took place. |
| --- | --- |

(5)

While respecting the general criterion of the registration plate to determine the territory in which the vehicle is normally based, a special rule should be laid down for accidents caused by vehicles without a registration plate or bearing a registration plate which does not correspond or no longer corresponds to the vehicle. In this case and for the sole purpose of settling the claim, the territory in which the vehicle is normally based should be deemed to be the territory in which the accident took place.

| (6) | A prohibition of systematic checks on motor insurance should apply to vehicles normally based in the territory of another Member State as well as to vehicles normally based in the territory of a third country but entering from the territory of another Member State. Only non-systematic checks which are not discriminatory and are carried out as part of a control not aimed exclusively at insurance verification may be permitted. |
| --- | --- |

(6)

A prohibition of systematic checks on motor insurance should apply to vehicles normally based in the territory of another Member State as well as to vehicles normally based in the territory of a third country but entering from the territory of another Member State. Only non-systematic checks which are not discriminatory and are carried out as part of a control not aimed exclusively at insurance verification may be permitted.

| (7) | The abolition of checks on green cards for vehicles normally based in a Member State which enter the territory of another Member State can be effected by means of an agreement between the national insurers’ bureaux, whereby each national bureau would guarantee compensation in accordance with the provisions of national law in respect of any loss or injury giving entitlement to compensation caused in its territory by one of those vehicles, whether or not insured. |
| --- | --- |

(7)

The abolition of checks on green cards for vehicles normally based in a Member State which enter the territory of another Member State can be effected by means of an agreement between the national insurers’ bureaux, whereby each national bureau would guarantee compensation in accordance with the provisions of national law in respect of any loss or injury giving entitlement to compensation caused in its territory by one of those vehicles, whether or not insured.

| (8) | Such a guarantee agreement presupposes that all Community motor vehicles travelling in Community territory are covered by insurance. The national law of each Member State should, therefore, provide for the compulsory insurance of vehicles against civil liability, such insurance to be valid throughout Community territory. |
| --- | --- |

(8)

Such a guarantee agreement presupposes that all Community motor vehicles travelling in Community territory are covered by insurance. The national law of each Member State should, therefore, provide for the compulsory insurance of vehicles against civil liability, such insurance to be valid throughout Community territory.

| (9) | The system provided for in this Directive could be extended to vehicles normally based in the territory of any third country in respect of which the national bureaux of the Member States have concluded a similar agreement. |
| --- | --- |

(9)

The system provided for in this Directive could be extended to vehicles normally based in the territory of any third country in respect of which the national bureaux of the Member States have concluded a similar agreement.

| (10) | Each Member State should be able to act in derogation from the general obligation to take out compulsory insurance in respect of vehicles belonging to certain natural or legal persons, public or private. For accidents caused by such vehicles, the Member State so derogating should designate an authority or body to compensate for the damage to victims of accidents caused in another Member State. Steps should be taken to ensure that due compensation is paid not only to the victims of accidents caused by these vehicles abroad but also the victims of accidents occurring in the Member State in which the vehicle is normally based, whether or not they are resident in its territory. Furthermore, Member States should ensure that the list of persons exempt from compulsory insurance and the authorities or bodies responsible for compensation of victims of accidents caused by such vehicles is communicated to the Commission for publication. |
| --- | --- |

(10)

Each Member State should be able to act in derogation from the general obligation to take out compulsory insurance in respect of vehicles belonging to certain natural or legal persons, public or private. For accidents caused by such vehicles, the Member State so derogating should designate an authority or body to compensate for the damage to victims of accidents caused in another Member State. Steps should be taken to ensure that due compensation is paid not only to the victims of accidents caused by these vehicles abroad but also the victims of accidents occurring in the Member State in which the vehicle is normally based, whether or not they are resident in its territory. Furthermore, Member States should ensure that the list of persons exempt from compulsory insurance and the authorities or bodies responsible for compensation of victims of accidents caused by such vehicles is communicated to the Commission for publication.

| (11) | Each Member State should be able to act in derogation from the general obligation to take out compulsory insurance in respect of certain types of vehicles or certain vehicles having a special plate. In that case, the other Member States are allowed to require, at the entry into their territory, a valid green card or a frontier insurance contract, in order to ensure the provision of compensation to victims of any accident which may be caused by those vehicles in their territories. However, since the elimination of border controls within the Community means that it is not possible to ensure that vehicles crossing frontiers are covered by insurance, compensation for victims of accidents caused abroad cannot be guaranteed. Steps should also be taken to ensure that due compensation is awarded to the victims of accidents caused by those vehicles not only abroad but also in the Member State in which the vehicle is normally based. For this purpose, Member States should treat the victims of accidents caused by those vehicles in the same way as victims of accidents caused by uninsured vehicles. Indeed, compensation to victims of accidents caused by uninsured vehicles should be paid by the compensation body of the Member State in which the accident took place. Where payments are made to victims of accidents caused by vehicles subject to the derogation, the compensation body should have a claim against the body of the Member State in which the vehicle is normally based. After a certain period to allow for the implementation and application of this possibility of derogation, and taking into account the lessons drawn therefrom, the Commission should, when appropriate, submit proposals for its replacement or repeal. |
| --- | --- |

(11)

Each Member State should be able to act in derogation from the general obligation to take out compulsory insurance in respect of certain types of vehicles or certain vehicles having a special plate. In that case, the other Member States are allowed to require, at the entry into their territory, a valid green card or a frontier insurance contract, in order to ensure the provision of compensation to victims of any accident which may be caused by those vehicles in their territories. However, since the elimination of border controls within the Community means that it is not possible to ensure that vehicles crossing frontiers are covered by insurance, compensation for victims of accidents caused abroad cannot be guaranteed. Steps should also be taken to ensure that due compensation is awarded to the victims of accidents caused by those vehicles not only abroad but also in the Member State in which the vehicle is normally based. For this purpose, Member States should treat the victims of accidents caused by those vehicles in the same way as victims of accidents caused by uninsured vehicles. Indeed, compensation to victims of accidents caused by uninsured vehicles should be paid by the compensation body of the Member State in which the accident took place. Where payments are made to victims of accidents caused by vehicles subject to the derogation, the compensation body should have a claim against the body of the Member State in which the vehicle is normally based. After a certain period to allow for the implementation and application of this possibility of derogation, and taking into account the lessons drawn therefrom, the Commission should, when appropriate, submit proposals for its replacement or repeal.

| (12) | Member States’ obligations to guarantee insurance cover at least in respect of certain minimum amounts constitute an important element in ensuring the protection of victims. The minimum amount of cover for personal injury should be calculated so as to compensate fully and fairly all victims who have suffered very serious injuries, while taking into account the low frequency of accidents involving several victims and the small number of accidents in which several victims suffer very serious injuries in the course of one and the same event. A minimum amount of cover per victim or per claim should be provided for. With a view to facilitating the introduction of these minimum amounts, a transitional period should be established. However, a period shorter than the transitional period should be provided for, in which Member States should increase these amounts to at least half the levels provided for. |
| --- | --- |

(12)

Member States’ obligations to guarantee insurance cover at least in respect of certain minimum amounts constitute an important element in ensuring the protection of victims. The minimum amount of cover for personal injury should be calculated so as to compensate fully and fairly all victims who have suffered very serious injuries, while taking into account the low frequency of accidents involving several victims and the small number of accidents in which several victims suffer very serious injuries in the course of one and the same event. A minimum amount of cover per victim or per claim should be provided for. With a view to facilitating the introduction of these minimum amounts, a transitional period should be established. However, a period shorter than the transitional period should be provided for, in which Member States should increase these amounts to at least half the levels provided for.

| (13) | In order to ensure that the minimum amount of cover is not eroded over time, a periodic review clause should be provided using as a benchmark the European Index of Consumer Prices (EICP) published by Eurostat, as provided for in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (9). Procedural rules governing such a review should also be laid down. |
| --- | --- |

(13)

In order to ensure that the minimum amount of cover is not eroded over time, a periodic review clause should be provided using as a benchmark the European Index of Consumer Prices (EICP) published by Eurostat, as provided for in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (9). Procedural rules governing such a review should also be laid down.

| (14) | 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. It is important to provide that the victim of such an accident should be able to apply directly to that body as a first point of contact. 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. |
| --- | --- |

(14)

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. It is important to provide that the victim of such an accident should be able to apply directly to that body as a first point of contact. 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.

| (15) | It is in the interest of victims that the effects of certain exclusion clauses be limited to the relationship between the insurer and the person responsible for the accident. However, in the case of vehicles stolen or obtained by violence, Member States may specify that compensation will be payable by the abovementioned body. |
| --- | --- |

(15)

It is in the interest of victims that the effects of certain exclusion clauses be limited to the relationship between the insurer and the person responsible for the accident. However, in the case of vehicles stolen or obtained by violence, Member States may specify that compensation will be payable by the abovementioned body.

| (16) | In order to alleviate the financial burden on that body, Member States may make provision for the application of certain excesses where the body provides compensation for damage to property caused by uninsured vehicles or, as the case may be, vehicles stolen or obtained by violence. |
| --- | --- |

(16)

In order to alleviate the financial burden on that body, Member States may make provision for the application of certain excesses where the body provides compensation for damage to property caused by uninsured vehicles or, as the case may be, vehicles stolen or obtained by violence.

| (17) | The option of limiting or excluding legitimate compensation for victims on the basis that the vehicle is unidentified should not apply where the body has paid compensation for significant personal injuries to any victim of the accident in which damage to property was caused. Member States may provide for an excess, up to the limit prescribed in this Directive, to be borne by the victim of the damage to property. The conditions in which personal injuries are to be considered significant should be determined by the national legislation or administrative provisions of the Member State where the accident takes place. In establishing those conditions, the Member State may take into account, inter alia, whether the injury has required hospital care. |
| --- | --- |

(17)

The option of limiting or excluding legitimate compensation for victims on the basis that the vehicle is unidentified should not apply where the body has paid compensation for significant personal injuries to any victim of the accident in which damage to property was caused. Member States may provide for an excess, up to the limit prescribed in this Directive, to be borne by the victim of the damage to property. The conditions in which personal injuries are to be considered significant should be determined by the national legislation or administrative provisions of the Member State where the accident takes place. In establishing those conditions, the Member State may take into account, inter alia, whether the injury has required hospital care.

| (18) | In the case of an accident caused by an uninsured vehicle, the body which compensates victims of accidents caused by uninsured or unidentified vehicles is better placed than the victim to bring an action against the party liable. Therefore, it should be provided that that body cannot require that victim, if he is to be compensated, to establish that the party liable is unable or refuses to pay. |
| --- | --- |

(18)

In the case of an accident caused by an uninsured vehicle, the body which compensates victims of accidents caused by uninsured or unidentified vehicles is better placed than the victim to bring an action against the party liable. Therefore, it should be provided that that body cannot require that victim, if he is to be compensated, to establish that the party liable is unable or refuses to pay.

| (19) | In the event of a dispute between the body referred to above and a civil liability insurer as to which of them should compensate the victim of an accident, Member States, to avoid any delay in the payment of compensation to the victim, should ensure that one of those parties is designated as being responsible in the first instance for paying compensation pending resolution of the dispute. |
| --- | --- |

(19)

In the event of a dispute between the body referred to above and a civil liability insurer as to which of them should compensate the victim of an accident, Member States, to avoid any delay in the payment of compensation to the victim, should ensure that one of those parties is designated as being responsible in the first instance for paying compensation pending resolution of the dispute.

| (20) | Motor vehicle accident victims should be guaranteed comparable treatment irrespective of where in the Community accidents occur. |
| --- | --- |

(20)

Motor vehicle accident victims should be guaranteed comparable treatment irrespective of where in the Community accidents occur.

| (21) | The members of the family of the policyholder, driver or any other person liable should be afforded protection comparable to that of other third parties, in any event in respect of their personal injuries. |
| --- | --- |

(21)

The members of the family of the policyholder, driver or any other person liable should be afforded protection comparable to that of other third parties, in any event in respect of their personal injuries.

| (22) | Personal injuries and damage to property suffered by pedestrians, cyclists and other non-motorised road users, who are usually the weakest party in an accident, should be covered by the compulsory insurance of the vehicle involved in the accident where they are entitled to compensation under national civil law. This provision does not prejudge the issue of civil liability, or the level of awards of damages in respect of a given accident, under national legislation. |
| --- | --- |

(22)

Personal injuries and damage to property suffered by pedestrians, cyclists and other non-motorised road users, who are usually the weakest party in an accident, should be covered by the compulsory insurance of the vehicle involved in the accident where they are entitled to compensation under national civil law. This provision does not prejudge the issue of civil liability, or the level of awards of damages in respect of a given accident, under national legislation.

| (23) | The inclusion within the insurance cover of any passenger in the vehicle is a major achievement of the existing legislation. This objective would be placed in jeopardy if national legislation or any contractual clause contained in an insurance policy excluded passengers from insurance cover because they knew or should have known that the driver of the vehicle was under the influence of alcohol or of any other intoxicating agent at the time of the accident. The passenger is not usually in a position to assess properly the level of intoxication of the driver. The objective of discouraging persons from driving while under the influence of intoxicating agents is not achieved by reducing the insurance cover for passengers who are victims of motor vehicle accidents. Cover of such passengers under the vehicle’s compulsory motor insurance does not prejudge any liability they might incur pursuant to the applicable national legislation, nor the level of any award of damages in a specific accident. |
| --- | --- |

(23)

The inclusion within the insurance cover of any passenger in the vehicle is a major achievement of the existing legislation. This objective would be placed in jeopardy if national legislation or any contractual clause contained in an insurance policy excluded passengers from insurance cover because they knew or should have known that the driver of the vehicle was under the influence of alcohol or of any other intoxicating agent at the time of the accident. The passenger is not usually in a position to assess properly the level of intoxication of the driver. The objective of discouraging persons from driving while under the influence of intoxicating agents is not achieved by reducing the insurance cover for passengers who are victims of motor vehicle accidents. Cover of such passengers under the vehicle’s compulsory motor insurance does not prejudge any liability they might incur pursuant to the applicable national legislation, nor the level of any award of damages in a specific accident.

| (24) | All compulsory motor insurance policies should cover the entire territory of the Community. |
| --- | --- |

(24)

All compulsory motor insurance policies should cover the entire territory of the Community.

| (25) | Some insurance undertakings insert into insurance policies clauses to the effect that the contract will be cancelled if the vehicle remains outside the Member State of registration for longer than a specified period. This practice is in conflict with the principle set out in this Directive, according to which compulsory motor insurance should cover, on the basis of a single premium, the entire territory of the Community. It should therefore be specified that the insurance cover is to remain valid during the whole term of the contract, irrespective of whether the vehicle remains in another Member State for a particular period, without prejudice to the obligations under Member States’ national legislation with respect to the registration of vehicles. |
| --- | --- |

(25)

Some insurance undertakings insert into insurance policies clauses to the effect that the contract will be cancelled if the vehicle remains outside the Member State of registration for longer than a specified period. This practice is in conflict with the principle set out in this Directive, according to which compulsory motor insurance should cover, on the basis of a single premium, the entire territory of the Community. It should therefore be specified that the insurance cover is to remain valid during the whole term of the contract, irrespective of whether the vehicle remains in another Member State for a particular period, without prejudice to the obligations under Member States’ national legislation with respect to the registration of vehicles.

| (26) | In the interests of the party insured, every insurance policy should guarantee for a single premium, in each Member State, the cover required by its law or the cover required by the law of the Member State where the vehicle is normally based, when that cover is higher. |
| --- | --- |

(26)

In the interests of the party insured, every insurance policy should guarantee for a single premium, in each Member State, the cover required by its law or the cover required by the law of the Member State where the vehicle is normally based, when that cover is higher.

| (27) | Steps should be taken to make it easier to obtain insurance cover for vehicles imported from one Member State into another, even though the vehicle is not yet registered in the Member State of destination. A temporary derogation from the general rule determining the Member State where the risk is situated should be made available. For a period of 30 days from the date when the vehicle is delivered, made available or dispatched to the purchaser, the Member State of destination should be considered to be the Member State where the risk is situated. |
| --- | --- |

(27)

Steps should be taken to make it easier to obtain insurance cover for vehicles imported from one Member State into another, even though the vehicle is not yet registered in the Member State of destination. A temporary derogation from the general rule determining the Member State where the risk is situated should be made available. For a period of 30 days from the date when the vehicle is delivered, made available or dispatched to the purchaser, the Member State of destination should be considered to be the Member State where the risk is situated.

| (28) | Any person wishing to take out a new motor insurance contract with another insurer should be in a position to justify his accident and claims record under the old contract. The policyholder should have the right to request at any time a statement concerning the claims, or the absence of claims, involving the vehicle or vehicles covered by the insurance contract at least during the preceding five years of the contractual relationship. The insurance undertaking, or any body which may have been appointed by a Member State to provide compulsory insurance or to supply such statements, should provide this statement to the policyholder within 15 days of the request. |
| --- | --- |

(28)

Any person wishing to take out a new motor insurance contract with another insurer should be in a position to justify his accident and claims record under the old contract. The policyholder should have the right to request at any time a statement concerning the claims, or the absence of claims, involving the vehicle or vehicles covered by the insurance contract at least during the preceding five years of the contractual relationship. The insurance undertaking, or any body which may have been appointed by a Member State to provide compulsory insurance or to supply such statements, should provide this statement to the policyholder within 15 days of the request.

| (29) | In order to ensure due protection for victims of motor vehicle accidents, Member States should not permit insurance undertakings to rely on excesses against an injured party. |
| --- | --- |

(29)

In order to ensure due protection for victims of motor vehicle accidents, Member States should not permit insurance undertakings to rely on excesses against an injured party.

| (30) | The right to invoke the insurance contract and to claim against the insurance undertaking directly is of great importance for the protection of victims of motor vehicle accidents. In order to facilitate an efficient and speedy settlement of claims and to avoid as far as possible costly legal proceedings, a right of direct action against the insurance undertaking covering the person responsible against civil liability should be provided for victims of any motor vehicle accident. |
| --- | --- |

(30)

The right to invoke the insurance contract and to claim against the insurance undertaking directly is of great importance for the protection of victims of motor vehicle accidents. In order to facilitate an efficient and speedy settlement of claims and to avoid as far as possible costly legal proceedings, a right of direct action against the insurance undertaking covering the person responsible against civil liability should be provided for victims of any motor vehicle accident.

| (31) | In order to obtain an adequate level of protection for victims of motor vehicle accidents, a ‘reasoned offer’ procedure should be extended to any kind of motor vehicle accident. This same procedure should also apply mutatis mutandis where the accident is settled by the system of national insurers’ bureaux. |
| --- | --- |

(31)

In order to obtain an adequate level of protection for victims of motor vehicle accidents, a ‘reasoned offer’ procedure should be extended to any kind of motor vehicle accident. This same procedure should also apply mutatis mutandis where the accident is settled by the system of national insurers’ bureaux.

| (32) | Under Article 11(2) read in conjunction with Article 9(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (10), injured parties may bring legal proceedings against the civil liability insurance provider in the Member State in which they are domiciled. |
| --- | --- |

(32)

Under Article 11(2) read in conjunction with Article 9(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (10), injured parties may bring legal proceedings against the civil liability insurance provider in the Member State in which they are domiciled.

| (33) | The green card bureau system ensures the ready settlement of claims in the injured party’s country of residence even where the other party comes from a different European country. |
| --- | --- |

(33)

The green card bureau system ensures the ready settlement of claims in the injured party’s country of residence even where the other party comes from a different European country.

| (34) | Parties injured as a result of a motor vehicle accident falling within the scope of this Directive and occurring in a State other than that of their residence should be entitled to claim in their Member State of residence against a claims representative appointed there by the insurance undertaking of the responsible party. This solution would enable damage suffered by injured parties outside their Member State of residence to be dealt with under procedures which are familiar to them. |
| --- | --- |

(34)

Parties injured as a result of a motor vehicle accident falling within the scope of this Directive and occurring in a State other than that of their residence should be entitled to claim in their Member State of residence against a claims representative appointed there by the insurance undertaking of the responsible party. This solution would enable damage suffered by injured parties outside their Member State of residence to be dealt with under procedures which are familiar to them.

| (35) | This system of having claims representatives in the injured party’s Member State of residence affects neither the substantive law to be applied in each individual case nor the matter of jurisdiction. |
| --- | --- |

(35)

This system of having claims representatives in the injured party’s Member State of residence affects neither the substantive law to be applied in each individual case nor the matter of jurisdiction.

| (36) | The existence of a direct right of action for the injured party against the insurance undertaking is a logical supplement to the appointment of such representatives and moreover improves the legal position of parties injured as a result of motor vehicle accidents occurring outside their Member State of residence. |
| --- | --- |

(36)

The existence of a direct right of action for the injured party against the insurance undertaking is a logical supplement to the appointment of such representatives and moreover improves the legal position of parties injured as a result of motor vehicle accidents occurring outside their Member State of residence.

| (37) | It should be provided that the Member State where the insurance undertaking is authorised should require that undertaking to appoint claims representatives resident or established in the other Member States to collect all necessary information in relation to claims resulting from such accidents and to take appropriate action to settle the claims on behalf and for the account of the insurance undertaking, including the payment of compensation. Claims representatives should have sufficient powers to represent the insurance undertaking in relation to persons suffering damage from such accidents, and also to represent the insurance undertaking before national authorities including, where necessary, before the courts, in so far as this is compatible with the rules of private international law on the conferral of jurisdiction. |
| --- | --- |

(37)

It should be provided that the Member State where the insurance undertaking is authorised should require that undertaking to appoint claims representatives resident or established in the other Member States to collect all necessary information in relation to claims resulting from such accidents and to take appropriate action to settle the claims on behalf and for the account of the insurance undertaking, including the payment of compensation. Claims representatives should have sufficient powers to represent the insurance undertaking in relation to persons suffering damage from such accidents, and also to represent the insurance undertaking before national authorities including, where necessary, before the courts, in so far as this is compatible with the rules of private international law on the conferral of jurisdiction.

| (38) | The activities of the claims representative are not sufficient in order to confer jurisdiction on the courts in the injured party’s Member State of residence if the rules of private international law on the conferral of jurisdiction do not so provide. |
| --- | --- |

(38)

The activities of the claims representative are not sufficient in order to confer jurisdiction on the courts in the injured party’s Member State of residence if the rules of private international law on the conferral of jurisdiction do not so provide.

| (39) | The appointment of representatives responsible for settling claims should be one of the conditions for access to and carrying on the activity of insurance listed in class 10 of point A of the Annex to First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (11), except for carriers’ liability. That condition should therefore be covered by the single official authorisation issued by the authorities of the Member State where the insurance undertaking establishes its head office, as specified in Title II of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (12). That condition should also apply to insurance undertakings having their head office outside the Community which have secured an authorisation granting them access to the activity of insurance in a Member State of the Community. |
| --- | --- |

(39)

The appointment of representatives responsible for settling claims should be one of the conditions for access to and carrying on the activity of insurance listed in class 10 of point A of the Annex to First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (11), except for carriers’ liability. That condition should therefore be covered by the single official authorisation issued by the authorities of the Member State where the insurance undertaking establishes its head office, as specified in Title II of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (12). That condition should also apply to insurance undertakings having their head office outside the Community which have secured an authorisation granting them access to the activity of insurance in a Member State of the Community.

| (40) | In addition to ensuring that the insurance undertaking has a representative in the State where the injured party resides, it is appropriate to guarantee the specific right of the injured party to have the claim settled promptly. It is therefore necessary to include in national law appropriate effective and systematic financial or equivalent administrative penalties — such as injunctions combined with administrative fines, reporting to supervisory authorities on a regular basis, on-the-spot checks, publications in the national official journal and in the press, suspension of the activities of the company (prohibition on the conclusion of new contracts for a certain period), designation of a special representative of the supervisory authorities responsible for verifying that the business is run in line with insurance laws, withdrawal of the authorisation for this business line, sanctions to be imposed on directors and management staff — in the event that the insurance undertaking or its representative fails to fulfil its obligation to make an offer of compensation within a reasonable period of time. This should not prejudice the application of any other measure, especially under the law applicable to supervisory matters, which may be considered appropriate. However, it is a condition that liability and the damage and injury sustained should not be in dispute, so that the insurance undertaking is able to make a reasoned offer within the prescribed period of time. The reasoned offer of compensation should be in writing and should contain the grounds on the basis of which liability and damages have been assessed. |
| --- | --- |

(40)

In addition to ensuring that the insurance undertaking has a representative in the State where the injured party resides, it is appropriate to guarantee the specific right of the injured party to have the claim settled promptly. It is therefore necessary to include in national law appropriate effective and systematic financial or equivalent administrative penalties — such as injunctions combined with administrative fines, reporting to supervisory authorities on a regular basis, on-the-spot checks, publications in the national official journal and in the press, suspension of the activities of the company (prohibition on the conclusion of new contracts for a certain period), designation of a special representative of the supervisory authorities responsible for verifying that the business is run in line with insurance laws, withdrawal of the authorisation for this business line, sanctions to be imposed on directors and management staff — in the event that the insurance undertaking or its representative fails to fulfil its obligation to make an offer of compensation within a reasonable period of time. This should not prejudice the application of any other measure, especially under the law applicable to supervisory matters, which may be considered appropriate. However, it is a condition that liability and the damage and injury sustained should not be in dispute, so that the insurance undertaking is able to make a reasoned offer within the prescribed period of time. The reasoned offer of compensation should be in writing and should contain the grounds on the basis of which liability and damages have been assessed.

| (41) | In addition to those sanctions, it is appropriate to provide that interest should be payable on the amount of compensation offered by the insurance undertaking or awarded by the court to the injured party when the offer has not been made within the prescribed time limit. If Member States have existing national rules which cover the requirement for late-payment interest, this provision could be implemented by a reference to those rules. |
| --- | --- |

(41)

In addition to those sanctions, it is appropriate to provide that interest should be payable on the amount of compensation offered by the insurance undertaking or awarded by the court to the injured party when the offer has not been made within the prescribed time limit. If Member States have existing national rules which cover the requirement for late-payment interest, this provision could be implemented by a reference to those rules.

| (42) | Injured parties suffering loss or injury as a result of motor vehicle accidents sometimes have difficulty in establishing the name of the insurance undertaking providing insurance against civil liability in respect of the use of motor vehicles involved in an accident. |
| --- | --- |

(42)

Injured parties suffering loss or injury as a result of motor vehicle accidents sometimes have difficulty in establishing the name of the insurance undertaking providing insurance against civil liability in respect of the use of motor vehicles involved in an accident.

| (43) | In the interests of such injured parties, Member States should set up information centres to ensure that such information concerning any accident involving a motor vehicle is made available promptly. Those information centres should also make available to injured parties information concerning claims representatives. It is necessary that such centres should cooperate with each other and respond rapidly to requests for information about claims representatives made by centres in other Member States. It seems appropriate that such centres should collect information about the actual termination date of the insurance cover but not about the expiry of the original validity of the policy if the duration of the contract is extended owing to non-cancellation. |
| --- | --- |

(43)

In the interests of such injured parties, Member States should set up information centres to ensure that such information concerning any accident involving a motor vehicle is made available promptly. Those information centres should also make available to injured parties information concerning claims representatives. It is necessary that such centres should cooperate with each other and respond rapidly to requests for information about claims representatives made by centres in other Member States. It seems appropriate that such centres should collect information about the actual termination date of the insurance cover but not about the expiry of the original validity of the policy if the duration of the contract is extended owing to non-cancellation.

| (44) | Specific provision should be made with respect to vehicles (for example, government or military vehicles) which fall within the exemptions from the obligation to be insured against civil liability. |
| --- | --- |

(44)

Specific provision should be made with respect to vehicles (for example, government or military vehicles) which fall within the exemptions from the obligation to be insured against civil liability.

| (45) | The injured party may have a legitimate interest in being informed about the identity of the owner or usual driver or the registered keeper of the vehicle, for example if he can obtain compensation only from those persons because the vehicle is not duly insured or the damage exceeds the sum insured, in which event this information should also be provided. |
| --- | --- |

(45)

The injured party may have a legitimate interest in being informed about the identity of the owner or usual driver or the registered keeper of the vehicle, for example if he can obtain compensation only from those persons because the vehicle is not duly insured or the damage exceeds the sum insured, in which event this information should also be provided.

| (46) | Certain information provided, such as the name and address of the owner or usual driver of the vehicle and the number of the insurance policy or the registration number of the vehicle, constitutes personal data within the meaning of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (13). The processing of such data which is required for the purposes of this Directive should therefore comply with the national measures taken pursuant to Directive 95/46/EC. The name and address of the usual driver should be communicated only if national legislation provides for such communication. |
| --- | --- |

(46)

Certain information provided, such as the name and address of the owner or usual driver of the vehicle and the number of the insurance policy or the registration number of the vehicle, constitutes personal data within the meaning of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (13). The processing of such data which is required for the purposes of this Directive should therefore comply with the national measures taken pursuant to Directive 95/46/EC. The name and address of the usual driver should be communicated only if national legislation provides for such communication.

| (47) | In order to ensure that the injured party will not remain without the compensation to which he is entitled, it is necessary to make provision for a compensation body to which the injured party may apply where the insurance undertaking has failed to appoint a representative or is manifestly dilatory in settling a claim or where the insurance undertaking cannot be identified. The intervention of the compensation body should be limited to rare individual cases where the insurance undertaking has failed to comply with its duties in spite of the deterrent effect of the potential imposition of penalties. |
| --- | --- |

(47)

In order to ensure that the injured party will not remain without the compensation to which he is entitled, it is necessary to make provision for a compensation body to which the injured party may apply where the insurance undertaking has failed to appoint a representative or is manifestly dilatory in settling a claim or where the insurance undertaking cannot be identified. The intervention of the compensation body should be limited to rare individual cases where the insurance undertaking has failed to comply with its duties in spite of the deterrent effect of the potential imposition of penalties.

| (48) | The role played by the compensation body is that of settling the claim in respect of any loss or injury suffered by the injured party only in cases which are capable of objective determination and therefore the compensation body should limit its activity to verifying that an offer of compensation has been made in accordance with the time limits and procedures laid down, without any assessment of the merits. |
| --- | --- |

(48)

The role played by the compensation body is that of settling the claim in respect of any loss or injury suffered by the injured party only in cases which are capable of objective determination and therefore the compensation body should limit its activity to verifying that an offer of compensation has been made in accordance with the time limits and procedures laid down, without any assessment of the merits.

| (49) | Legal persons who are subrogated by law to the injured party in his claims against the person responsible for the accident or the latter’s insurance undertaking (such as, for example, other insurance undertakings or social security bodies) should not be entitled to present the corresponding claim to the compensation body. |
| --- | --- |

(49)

Legal persons who are subrogated by law to the injured party in his claims against the person responsible for the accident or the latter’s insurance undertaking (such as, for example, other insurance undertakings or social security bodies) should not be entitled to present the corresponding claim to the compensation body.

| (50) | The compensation body should have a right of subrogation in so far as it has compensated the injured party. In order to facilitate enforcement of the compensation body’s claim against the insurance undertaking where the latter has failed to appoint a claims representative or is manifestly dilatory in settling a claim, the body providing compensation in the injured party’s State should also enjoy an automatic right of reimbursement with subrogation to the rights of the injured party on the part of the corresponding body in the State where the insurance undertaking is established. This body is the best placed to institute proceedings for recourse against the insurance undertaking. |
| --- | --- |

(50)

The compensation body should have a right of subrogation in so far as it has compensated the injured party. In order to facilitate enforcement of the compensation body’s claim against the insurance undertaking where the latter has failed to appoint a claims representative or is manifestly dilatory in settling a claim, the body providing compensation in the injured party’s State should also enjoy an automatic right of reimbursement with subrogation to the rights of the injured party on the part of the corresponding body in the State where the insurance undertaking is established. This body is the best placed to institute proceedings for recourse against the insurance undertaking.

| (51) | Even though Member States may provide that the claim against the compensation body is to be subsidiary, the injured person should not be obliged to present his claim to the person responsible for the accident before presenting it to the compensation body. In such a case the injured party should be in at least the same position as in the case of a claim against the guarantee fund. |
| --- | --- |

(51)

Even though Member States may provide that the claim against the compensation body is to be subsidiary, the injured person should not be obliged to present his claim to the person responsible for the accident before presenting it to the compensation body. In such a case the injured party should be in at least the same position as in the case of a claim against the guarantee fund.

| (52) | This system can be made to function by means of an agreement between the compensation bodies established or approved by the Member States, defining their functions and obligations and the procedures for reimbursement. |
| --- | --- |

(52)

This system can be made to function by means of an agreement between the compensation bodies established or approved by the Member States, defining their functions and obligations and the procedures for reimbursement.

| (53) | Where it is impossible to identify the insurer of a vehicle, it should be provided that the ultimate debtor in respect of the damages to be paid to the injured party is the guarantee fund provided for this purpose situated in the Member State where the uninsured vehicle, the use of which has caused the accident, is normally based. Where it is impossible to identify the vehicle, it should be provided that the ultimate debtor is the guarantee fund provided for this purpose situated in the Member State in which the accident occurred. |
| --- | --- |

(53)

Where it is impossible to identify the insurer of a vehicle, it should be provided that the ultimate debtor in respect of the damages to be paid to the injured party is the guarantee fund provided for this purpose situated in the Member State where the uninsured vehicle, the use of which has caused the accident, is normally based. Where it is impossible to identify the vehicle, it should be provided that the ultimate debtor is the guarantee fund provided for this purpose situated in the Member State in which the accident occurred.

| (54) | This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex I, Part B, |
| --- | --- |

(54)

This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex I, Part B,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Directive:

| 1. | ‘vehicle’ means any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer, whether or not coupled; |
| --- | --- |

1.

‘vehicle’ means any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer, whether or not coupled;

| 2. | ‘injured party’ means any person entitled to compensation in respect of any loss or injury caused by vehicles; |
| --- | --- |

2.

‘injured party’ means any person entitled to compensation in respect of any loss or injury caused by vehicles;

| 3. | ‘national insurers’ bureau’ means a professional organisation which is constituted in accordance with Recommendation No 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a State, are authorised to conduct the business of motor vehicle insurance against civil liability; |
| --- | --- |

3.

‘national insurers’ bureau’ means a professional organisation which is constituted in accordance with Recommendation No 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a State, are authorised to conduct the business of motor vehicle insurance against civil liability;

| 4. | ‘territory in which the vehicle is normally based’ means:






  (a) | the territory of the State of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary; or |
| --- | --- | --- |

4.

‘territory in which the vehicle is normally based’ means:

(a)

the territory of the State of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary; or

| (b) | in cases where no registration is required for a type of vehicle but the vehicle bears an insurance plate, or a distinguishing sign analogous to the registration plate, the territory of the State in which the insurance plate or the sign is issued; or |
| --- | --- |

(b)

in cases where no registration is required for a type of vehicle but the vehicle bears an insurance plate, or a distinguishing sign analogous to the registration plate, the territory of the State in which the insurance plate or the sign is issued; or

| (c) | in cases where neither a registration plate nor an insurance plate nor a distinguishing sign is required for certain types of vehicle, the territory of the State in which the person who has custody of the vehicle is permanently resident; or |
| --- | --- |

(c)

in cases where neither a registration plate nor an insurance plate nor a distinguishing sign is required for certain types of vehicle, the territory of the State in which the person who has custody of the vehicle is permanently resident; or

| (d) | in cases where the vehicle does not bear any registration plate or bears a registration plate which does not correspond or no longer corresponds to the vehicle and has been involved in an accident, the territory of the State in which the accident took place, for the purpose of settling the claim as provided for in the first indent of Article 2(a) or in Article 10; |
| --- | --- |

(d)

in cases where the vehicle does not bear any registration plate or bears a registration plate which does not correspond or no longer corresponds to the vehicle and has been involved in an accident, the territory of the State in which the accident took place, for the purpose of settling the claim as provided for in the first indent of Article 2(a) or in Article 10;

| 5. | ‘green card’ means an international certificate of insurance issued on behalf of a national bureau in accordance with Recommendation No 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe; |
| --- | --- |

5.

‘green card’ means an international certificate of insurance issued on behalf of a national bureau in accordance with Recommendation No 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe;

| 6. | ‘insurance undertaking’ means an undertaking which has received its official authorisation in accordance with Article 6 or Article 23(2) of Directive 73/239/EEC; |
| --- | --- |

6.

‘insurance undertaking’ means an undertaking which has received its official authorisation in accordance with Article 6 or Article 23(2) of Directive 73/239/EEC;

| 7. | ‘establishment’ means the head office, agency or branch of an insurance undertaking as defined in Article 2(c) of Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services (14). |
| --- | --- |

7.

‘establishment’ means the head office, agency or branch of an insurance undertaking as defined in Article 2(c) of Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services (14).

Article 2

Scope

The provisions of Articles 4, 6, 7 and 8 shall apply to vehicles normally based on the territory of one of the Member States:

| (a) | after an agreement has been concluded between the national insurers’ bureaux under the terms of which each national bureau guarantees the settlement, in accordance with the provisions of national law on compulsory insurance, of claims in respect of accidents occurring in its territory, caused by vehicles normally based in the territory of another Member State, whether or not such vehicles are insured; |
| --- | --- |

(a)

after an agreement has been concluded between the national insurers’ bureaux under the terms of which each national bureau guarantees the settlement, in accordance with the provisions of national law on compulsory insurance, of claims in respect of accidents occurring in its territory, caused by vehicles normally based in the territory of another Member State, whether or not such vehicles are insured;

| (b) | from the date fixed by the Commission, upon its having ascertained in close cooperation with the Member States that such an agreement has been concluded; |
| --- | --- |

(b)

from the date fixed by the Commission, upon its having ascertained in close cooperation with the Member States that such an agreement has been concluded;

| (c) | for the duration of that agreement. |
| --- | --- |

(c)

for the duration of that agreement.

Article 3

Compulsory insurance of vehicles

Each Member State shall, subject to Article 5, 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.

The extent of the liability covered and the terms and conditions of the cover shall be determined on the basis of the measures referred to in the first paragraph.

Each Member State shall take all appropriate measures to ensure that the contract of insurance also covers:

| (a) | according to the law in force in other Member States, any loss or injury which is caused in the territory of those States; |
| --- | --- |

(a)

according to the law in force in other Member States, any loss or injury which is caused in the territory of those States;

| (b) | any loss or injury suffered by nationals of Member States during a direct journey between two territories in which the Treaty is in force, if there is no national insurers’ bureau responsible for the territory which is being crossed; in such a case, the loss or injury shall be covered in accordance with the national laws on compulsory insurance in force in the Member State in whose territory the vehicle is normally based. |
| --- | --- |

(b)

any loss or injury suffered by nationals of Member States during a direct journey between two territories in which the Treaty is in force, if there is no national insurers’ bureau responsible for the territory which is being crossed; in such a case, the loss or injury shall be covered in accordance with the national laws on compulsory insurance in force in the Member State in whose territory the vehicle is normally based.

The insurance referred to in the first paragraph shall cover compulsorily both damage to property and personal injuries.

Article 4

Checks on insurance

Member States shall refrain from making checks on insurance against civil liability in respect of vehicles normally based in the territory of another Member State and in respect of vehicles normally based in the territory of a third country entering their territory from the territory of another Member State. However, they may carry out non-systematic checks on insurance provided that those checks are not discriminatory and are carried out as part of a control which is not aimed exclusively at insurance verification.

Article 5

Derogation from the obligation in respect of compulsory insurance of vehicles

1.   A Member State may derogate from Article 3 in respect of certain natural or legal persons, public or private; a list of such persons shall be drawn up by the State concerned and communicated to the other Member States and to the Commission.

A Member State so derogating shall take the appropriate measures to ensure that compensation is paid in respect of any loss or injury caused in its territory and in the territory of other Member States by vehicles belonging to such persons.

It shall in particular designate an authority or body in the country where the loss or injury occurs responsible for compensating injured parties in accordance with the laws of that State in cases where Article 2(a) is not applicable.

It shall communicate to the Commission the list of persons exempt from compulsory insurance and the authorities or bodies responsible for compensation.

The Commission shall publish that list.

2.   A Member State may derogate from Article 3 in respect of certain types of vehicle or certain vehicles having a special plate; the list of such types or of such vehicles shall be drawn up by the State concerned and communicated to the other Member States and to the Commission.

Any Member State so derogating shall ensure that vehicles referred to in the first subparagraph are treated in the same way as vehicles for which the insurance obligation provided for in Article 3 has not been satisfied.

The guarantee fund of the Member State in which the accident has taken place shall then have a claim against the guarantee fund in the Member State where the vehicle is normally based.

From 11 June 2010 Member States shall report to the Commission on the implementation and practical application of this paragraph.

The Commission, after examining those reports, shall, if appropriate, submit proposals for the replacement or repeal of this derogation.

Article 6

National insurers’ bureaux

Each Member State shall ensure that, where an accident is caused in its territory by a vehicle normally based in the territory of another Member State, the national insurers’ bureau shall, without prejudice to the obligation referred to in Article 2(a), obtain information:

| (a) | as to the territory in which the vehicle is normally based, and as to its registration mark, if any; |
| --- | --- |

(a)

as to the territory in which the vehicle is normally based, and as to its registration mark, if any;

| (b) | in so far as is possible, as to the details of the insurance of the vehicle, as they normally appear on the green card, which are in the possession of the person having custody of the vehicle, to the extent that those details are required by the Member State in whose territory the vehicle is normally based. |
| --- | --- |

(b)

in so far as is possible, as to the details of the insurance of the vehicle, as they normally appear on the green card, which are in the possession of the person having custody of the vehicle, to the extent that those details are required by the Member State in whose territory the vehicle is normally based.

Each Member State shall also ensure that the bureau communicates the information referred to in points (a) and (b) to the national insurers’ bureau of the State in whose territory the vehicle referred to in the first paragraph is normally based.

CHAPTER 2

PROVISIONS CONCERNING VEHICLES NORMALLY BASED IN THE TERRITORY OF THIRD COUNTRIES

Article 7

National measures concerning vehicles normally based on the territory of third countries

Each Member State shall take all appropriate measures to ensure that vehicles normally based in the territory of a third country which enter the territory in which the Treaty is in force shall not be used in its territory unless any loss or injury caused by those vehicles is covered, in accordance with the requirements of the laws of the various Member States on compulsory insurance against civil liability in respect of the use of vehicles, throughout the territory in which the Treaty is in force.

Article 8

Documentation concerning vehicles normally based in the territory of third countries

1.   Every vehicle normally based in the territory of a third country must, before entering the territory in which the Treaty is in force, be provided either with a valid green card or with a certificate of frontier insurance establishing that the vehicle is insured in accordance with Article 7.

However, vehicles normally based in a third country shall be treated as vehicles normally based in the Community if the national bureaux of all the Member States severally guarantee, each in accordance with the provisions of its own national law on compulsory insurance, settlement of claims in respect of accidents occurring in their territory caused by such vehicles.

2.   Having ascertained, in close cooperation with the Member States, that the obligations referred to in the second subparagraph of paragraph 1 have been assumed, the Commission shall fix the date from which and the types of vehicles for which Member States shall no longer require production of the documents referred to in the first subparagraph of paragraph 1.

CHAPTER 3

MINIMUM AMOUNTS COVERED BY COMPULSORY INSURANCE

Article 9

Minimum amounts

1.   Without prejudice to any higher guarantees which Member States may prescribe, each Member State shall require the insurance referred to in Article 3 to be compulsory at least in respect of the following amounts:

| (a) | in the case of personal injury, a minimum amount of cover of EUR 1 000 000 per victim or EUR 5 000 000 per claim, whatever the number of victims; |
| --- | --- |

(a)

in the case of personal injury, a minimum amount of cover of EUR 1 000 000 per victim or EUR 5 000 000 per claim, whatever the number of victims;

| (b) | in the case of damage to property, EUR 1 000 000 per claim, whatever the number of victims. |
| --- | --- |

(b)

in the case of damage to property, EUR 1 000 000 per claim, whatever the number of victims.

If necessary, Member States may establish a transitional period extending until 11 June 2012 at the latest within which to adapt their minimum amounts of cover to the amounts provided for in the first subparagraph.

Member States establishing such a transitional period shall inform the Commission thereof and indicate the duration of the transitional period.

However, until 11 December 2009 at the latest, Member States shall increase guarantees to at least a half of the levels provided for in the first subparagraph.

2.   Every five years after 11 June 2005 or the end of any transitional period as referred to in the second subparagraph of paragraph 1, the amounts referred to in that paragraph shall be reviewed in line with the European Index of Consumer Prices (EICP) established pursuant to Regulation (EC) No 2494/95.

The amounts shall be adjusted automatically. Such amounts shall be increased by the percentage change indicated by the EICP for the relevant period, that is to say, the five years immediately preceding the review referred to in the first subparagraph, and rounded up to a multiple of EUR 10 000.

The Commission shall communicate the adjusted amounts to the European Parliament and to the Council and shall ensure their publication in the Official Journal of the European Union.

CHAPTER 4

COMPENSATION FOR DAMAGE CAUSED BY AN UNIDENTIFIED VEHICLE OR A VEHICLE FOR WHICH THE INSURANCE OBLIGATION PROVIDED FOR IN ARTICLE 3 HAS NOT BEEN SATISFIED

Article 10

Body responsible for compensation

1.   Each Member State shall set up or authorise a body with the task of providing compensation, at least up to the limits of the insurance obligation for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in Article 3 has not been satisfied.

The first subparagraph shall be without prejudice to the right of the Member States to regard compensation by the body as subsidiary or non-subsidiary and the right to make provision for the settlement of claims between the body and the person or persons responsible for the accident and other insurers or social security bodies required to compensate the victim in respect of the same accident. However, Member States may not allow the body to make the payment of compensation conditional on the victim establishing in any way that the person liable is unable or refuses to pay.

2.   The victim may in any event apply directly to the body which, on the basis of information provided at its request by the victim, shall be obliged to give him a reasoned reply regarding the payment of any compensation.

Member States may, however, exclude the payment of compensation by that body in respect of persons who voluntarily entered the vehicle which caused the damage or injury when the body can prove that they knew it was uninsured.

3.   Member States may limit or exclude the payment of compensation by the body in the event of damage to property by an unidentified vehicle.

However, where the body has paid compensation for significant personal injuries to any victim of the same accident in which damage to property was caused by an unidentified vehicle, Member States may not exclude the payment of compensation for damage to property on the basis that the vehicle is unidentified. Nevertheless, Member States may provide for an excess of not more than EUR 500 to be borne by the victim of such damage to property.

The conditions in which personal injuries are to be regarded as significant shall be determined in accordance with the legislation or administrative provisions of the Member State in which the accident takes place. In this regard, Member States may take into account, inter alia, whether the injury required hospital care.

4.   Each Member State shall apply its laws, regulations and administrative provisions to the payment of compensation by the body, without prejudice to any other practice which is more favourable to the victim.

Article 11

Disputes

In the event of a dispute between the body referred to in Article 10(1) and the civil liability insurer as to which must compensate the victim, the Member States shall take the appropriate measures so that one of those parties is designated to be responsible in the first instance for paying compensation to the victim without delay.

If it is ultimately decided that the other party should have paid all or part of the compensation, that other party shall reimburse accordingly the party which has paid.

CHAPTER 5

SPECIAL CATEGORIES OF VICTIM, EXCLUSION CLAUSES, SINGLE PREMIUM, VEHICLES DISPATCHED FROM ONE MEMBER STATE TO ANOTHER

Article 12

Special categories of victim

1.   Without prejudice to the second subparagraph of Article 13(1), the insurance referred to in Article 3 shall cover liability for personal injuries to all passengers, other than the driver, arising out of the use of a vehicle.

2.   The members of the family of the policyholder, driver or any other person who is liable under civil law in the event of an accident, and whose liability is covered by the insurance referred to in Article 3, shall not be excluded from insurance in respect of their personal injuries by virtue of that relationship.

3.   The insurance referred to in Article 3 shall cover personal injuries and damage to property suffered by pedestrians, cyclists and other non-motorised users of the roads who, as a consequence of an accident in which a motor vehicle is involved, are entitled to compensation in accordance with national civil law.

This Article shall be without prejudice either to civil liability or to the quantum of damages.

Article 13

Exclusion clauses

1.   Each Member State shall take all appropriate measures to ensure that any statutory provision or any contractual clause contained in an insurance policy issued in accordance with Article 3 shall be deemed to be void in respect of claims by third parties who have been victims of an accident where that statutory provision or contractual clause excludes from insurance the use or driving of vehicles by:

| (a) | persons who do not have express or implied authorisation to do so; |
| --- | --- |

(a)

persons who do not have express or implied authorisation to do so;

| (b) | persons who do not hold a licence permitting them to drive the vehicle concerned; |
| --- | --- |

(b)

persons who do not hold a licence permitting them to drive the vehicle concerned;

| (c) | persons who are in breach of the statutory technical requirements concerning the condition and safety of the vehicle concerned. |
| --- | --- |

(c)

persons who are in breach of the statutory technical requirements concerning the condition and safety of the vehicle concerned.

However, the provision or clause referred to in point (a) of the first subparagraph may be invoked against persons who voluntarily entered the vehicle which caused the damage or injury, when the insurer can prove that they knew the vehicle was stolen.

Member States shall have the option — in the case of accidents occurring on their territory — of not applying the provision in the first subparagraph if and in so far as the victim may obtain compensation for the damage suffered from a social security body.

2.   In the case of vehicles stolen or obtained by violence, Member States may provide that the body specified in Article 10(1) is to pay compensation instead of the insurer under the conditions set out in paragraph 1 of this Article. Where the vehicle is normally based in another Member State, that body can make no claim against any body in that Member State.

Member States which, in the case of vehicles stolen or obtained by violence, provide that the body referred to in Article 10(1) is to pay compensation may fix in respect of damage to property an excess of not more than EUR 250 to be borne by the victim.

3.   Member States shall take the necessary measures to ensure that any statutory provision or any contractual clause contained in an insurance policy which excludes a passenger from such cover on the basis that he knew or should have known that the driver of the vehicle was under the influence of alcohol or of any other intoxicating agent at the time of an accident, shall be deemed to be void in respect of the claims of such passenger.

Article 14

Single premium

Member States shall take the necessary steps to ensure that all compulsory policies of insurance against civil liability arising out of the use of vehicles:

| (a) | cover, on the basis of a single premium and during the whole term of the contract, the entire territory of the Community, including for any period in which the vehicle remains in other Member States during the term of the contract; and |
| --- | --- |

(a)

cover, on the basis of a single premium and during the whole term of the contract, the entire territory of the Community, including for any period in which the vehicle remains in other Member States during the term of the contract; and

| (b) | guarantee, on the basis of that single premium, in each Member State, the cover required by its law or the cover required by the law of the Member State where the vehicle is normally based when that cover is higher. |
| --- | --- |

(b)

guarantee, on the basis of that single premium, in each Member State, the cover required by its law or the cover required by the law of the Member State where the vehicle is normally based when that cover is higher.

Article 15

Vehicles dispatched from one Member State to another

1.   By way of derogation from the second indent of Article 2(d) of Directive 88/357/EEC, where a vehicle is dispatched from one Member State to another, the Member State where the risk is situated shall be considered to be the Member State of destination, immediately upon acceptance of delivery by the purchaser, for a period of 30 days, even though the vehicle has not formally been registered in the Member State of destination.

2.   In the event that the vehicle is involved in an accident during the period mentioned in paragraph 1 of this Article while being uninsured, the body referred to in Article 10(1) in the Member State of destination shall be liable for the compensation provided for in Article 9.

CHAPTER 6

STATEMENT, EXCESS, DIRECT ACTION

Article 16

Statement relating to the third party liability claims

Member States shall ensure that the policyholder has the right to request at any time a statement relating to the third party liability claims involving the vehicle or vehicles covered by the insurance contract at least during the preceding five years of the contractual relationship, or to the absence of such claims.

The insurance undertaking, or a body which may have been appointed by a Member State to provide compulsory insurance or to supply such statements, shall provide that statement to the policyholder within 15 days of the request.

Article 17

Excess

Insurance undertakings shall not require any party injured as a result of an accident to bear any excess as far as the insurance referred to in Article 3 is concerned.

Article 18

Direct right of action

Member States shall ensure that any party injured as a result of an accident caused by a vehicle covered by insurance as referred to in Article 3 enjoys a direct right of action against the insurance undertaking covering the person responsible against civil liability.

CHAPTER 7

SETTLEMENT OF CLAIMS ARISING FROM ANY ACCIDENT CAUSED BY A VEHICLE COVERED BY INSURANCE AS REFERRED TO IN ARTICLE 3

Article 19

Procedure for the settlement of claims

Member States shall establish the procedure referred to in Article 22 for the settlement of claims arising from any accident caused by a vehicle covered by insurance as referred to in Article 3.

In the case of claims which may be settled by the system of national insurers’ bureaux provided for in Article 2 Member States shall establish the same procedure as in Article 22.

For the purpose of applying this procedure, any reference to an insurance undertaking shall be understood as a reference to national insurers’ bureaux.

Article 20

Special provisions concerning compensation for injured parties following an accident in a Member State other than that of their residence

1.   The object of Articles 20 to 26 is to lay down special provisions applicable to injured parties entitled to compensation in respect of any loss or injury resulting from accidents occurring in a Member State other than the Member State of residence of the injured party which are caused by the use of vehicles insured and normally based in a Member State.

Without prejudice to the legislation of third countries on civil liability and private international law, these provisions shall also apply to injured parties resident in a Member State and entitled to compensation in respect of any loss or injury resulting from accidents occurring in third countries whose national insurer’s bureaux have joined the green card system whenever such accidents are caused by the use of vehicles insured and normally based in a Member State.

2.   Articles 21 and 24 shall apply only in the case of accidents caused by the use of a vehicle:

| (a) | insured through an establishment in a Member State other than the State of residence of the injured party; and |
| --- | --- |

(a)

insured through an establishment in a Member State other than the State of residence of the injured party; and

| (b) | normally based in a Member State other than the State of residence of the injured party. |
| --- | --- |

(b)

normally based in a Member State other than the State of residence of the injured party.

Article 21

Claims representatives

1.   Each Member State shall take all measures necessary to ensure that all insurance undertakings covering the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability, appoint a claims representative in each Member State other than that in which they have received their official authorisation.

The claims representative shall be responsible for handling and settling claims arising from an accident in the cases referred to in Article 20(1).

The claims representative shall be resident or established in the Member State where he is appointed.

2.   The choice of its claims representative shall be at the discretion of the insurance undertaking.

The Member States may not restrict this freedom of choice.

3.   The claims representative may act for one or more insurance undertakings.

4.   The claims representative shall, in relation to such claims, collect all information necessary in connection with the settlement of the claims and shall take the measures necessary to negotiate a settlement of claims.

The requirement of appointing a claims representative shall not preclude the right of the injured party or his insurance undertaking to institute proceedings directly against the person who caused the accident or his insurance undertaking.

5.   Claims representatives shall possess sufficient powers to represent the insurance undertaking in relation to injured parties in the cases referred to in Article 20(1) and to meet their claims in full.

They must be capable of examining cases in the official language(s) of the Member State of residence of the injured party.

6.   The appointment of a claims representative shall not in itself constitute the opening of a branch within the meaning of Article 1(b) of Directive 92/49/EEC and the claims representative shall not be regarded as an establishment within the meaning of Article 2(c) of Directive 88/357/EEC or an establishment within the meaning of Regulation (EC) No 44/2001.

Article 22

Compensation procedure

The Member States shall create a duty, backed by appropriate, effective and systematic financial or equivalent administrative penalties, whereby, within three months of the date when the injured party presented his claim for compensation either directly to the insurance undertaking of the person who caused the accident or to its claims representative,

| (a) | the insurance undertaking of the person who caused the accident or its claims representative is required to make a reasoned offer of compensation in cases where liability is not contested and the damages have been quantified; or |
| --- | --- |

(a)

the insurance undertaking of the person who caused the accident or its claims representative is required to make a reasoned offer of compensation in cases where liability is not contested and the damages have been quantified; or

| (b) | the insurance undertaking to whom the claim for compensation has been addressed or its claims representative is required to provide a reasoned reply to the points made in the claim in cases where liability is denied or has not been clearly determined or the damages have not been fully quantified. |
| --- | --- |

(b)

the insurance undertaking to whom the claim for compensation has been addressed or its claims representative is required to provide a reasoned reply to the points made in the claim in cases where liability is denied or has not been clearly determined or the damages have not been fully quantified.

Member States shall adopt provisions to ensure that, where the offer is not made within the three-month time limit, interest shall be payable on the amount of compensation offered by the insurance undertaking or awarded by the court to the injured party.

Article 23

Information centres

1.   In order to enable the injured party to seek compensation, each Member State shall establish or approve an information centre responsible:

| (a) | for keeping a register containing the following information:






  (i) | the registration numbers of motor vehicles normally based in the territory of the State in question; |
| --- | --- | --- |

(a)

for keeping a register containing the following information:

(i)

the registration numbers of motor vehicles normally based in the territory of the State in question;

| (ii) | the numbers of the insurance policies covering the use of those vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability and, where the period of validity of the policy has expired, the date of termination of the insurance cover; |
| --- | --- |

(ii)

the numbers of the insurance policies covering the use of those vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability and, where the period of validity of the policy has expired, the date of termination of the insurance cover;

| (iii) | insurance undertakings covering the use of vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability, and claims representatives appointed by such insurance undertakings in accordance with Article 21 of this Directive whose names are to be notified to the information centre in accordance with paragraph 2 of this Article; |
| --- | --- |

(iii)

insurance undertakings covering the use of vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability, and claims representatives appointed by such insurance undertakings in accordance with Article 21 of this Directive whose names are to be notified to the information centre in accordance with paragraph 2 of this Article;

| (iv) | the list of vehicles which, in each Member State, benefit from the derogation from the requirement for civil liability insurance cover in accordance with Article 5(1) and (2); |
| --- | --- |

(iv)

the list of vehicles which, in each Member State, benefit from the derogation from the requirement for civil liability insurance cover in accordance with Article 5(1) and (2);

| (v) | as regards the vehicles provided for in point (iv):






  — | the name of the authority or body designated in accordance with the third subparagraph of Article 5(1) as responsible for compensating injured parties in the cases where the procedure provided for in Article 2(2)(a) is not applicable, if the vehicle benefits from the derogation provided for in the first subparagraph of Article 5(1), |
| --- | --- | --- |

(v)

as regards the vehicles provided for in point (iv):

—

the name of the authority or body designated in accordance with the third subparagraph of Article 5(1) as responsible for compensating injured parties in the cases where the procedure provided for in Article 2(2)(a) is not applicable, if the vehicle benefits from the derogation provided for in the first subparagraph of Article 5(1),

| — | the name of the body covering the vehicle in the Member State where it is normally based if the vehicle benefits from the derogation provided for in Article 5(2); |
| --- | --- |

—

the name of the body covering the vehicle in the Member State where it is normally based if the vehicle benefits from the derogation provided for in Article 5(2);

| (b) | or for coordinating the compilation and dissemination of that information; and |
| --- | --- |

(b)

or for coordinating the compilation and dissemination of that information; and

| (c) | for assisting entitled persons to be apprised of the information mentioned in points (a)(i) to (v). |
| --- | --- |

(c)

for assisting entitled persons to be apprised of the information mentioned in points (a)(i) to (v).

The information under points (a)(i), (ii) and (iii) must be preserved for a period of seven years after the termination of the registration of the vehicle or the termination of the insurance contract.

2.   Insurance undertakings referred to in point (a)(iii) of paragraph 1 shall notify to the information centres of all Member States the name and address of the claims representative appointed by them in accordance with Article 21 in each of the Member States.

3.   Member States shall ensure that the injured party is entitled for a period of seven years after the accident to obtain without delay from the information centre of the Member State where he resides, the Member State where the vehicle is normally based or the Member State where the accident occurred the following information:

| (a) | the name and address of the insurance undertaking; |
| --- | --- |

(a)

the name and address of the insurance undertaking;

| (b) | the number of the insurance policy; and |
| --- | --- |

(b)

the number of the insurance policy; and

| (c) | the name and address of the insurance undertaking’s claims representative in the State of residence of the injured party. |
| --- | --- |

(c)

the name and address of the insurance undertaking’s claims representative in the State of residence of the injured party.

Information centres shall cooperate with each other.

4.   The information centre shall provide the injured party with the name and address of the owner or usual driver or registered keeper of the vehicle if the injured party has a legitimate interest in obtaining this information. For the purposes of this provision, the information centre shall address itself in particular:

| (a) | to the insurance undertaking; or |
| --- | --- |

(a)

to the insurance undertaking; or

| (b) | to the vehicle registration agency. |
| --- | --- |

(b)

to the vehicle registration agency.

If the vehicle benefits from the derogation provided for in the first subparagraph of Article 5(1) the information centre shall inform the injured party of the name of the authority or body designated in accordance with the third subparagraph of Article 5(1) as responsible for compensating injured parties in cases where the procedure provided for in Article 2(a) is not applicable.

If the vehicle benefits from the derogation provided for in Article 5(2) the information centre shall inform the injured party of the name of the body covering the vehicle in the country where it is normally based.

5.   Member States shall ensure that, without prejudice to their obligations under paragraphs 1 and 4, the information centres provide the information specified in these paragraphs to any party involved in any traffic accident caused by a vehicle covered by insurance as referred to in Article 3.

6.   The processing of personal data resulting from paragraphs 1 to 5 must be carried out in accordance with national measures taken pursuant to Directive 95/46/EC.

Article 24

Compensation bodies

1.   Each Member State shall establish or approve a compensation body responsible for providing compensation to injured parties in the cases referred to in Article 20(1).

Such injured parties may present a claim to the compensation body in their Member State of residence:

| (a) | if, within three months of the date when the injured party presented his claim for compensation to the insurance undertaking of the vehicle the use of which caused the accident or to its claims representative, the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in the claim; or |
| --- | --- |

(a)

if, within three months of the date when the injured party presented his claim for compensation to the insurance undertaking of the vehicle the use of which caused the accident or to its claims representative, the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in the claim; or

| (b) | if the insurance undertaking has failed to appoint a claims representative in the Member State of residence of the injured party in accordance with Article 20(1); in such a case, injured parties may not present a claim to the compensation body if they have presented a claim for compensation directly to the insurance undertaking of the vehicle the use of which caused the accident and if they have received a reasoned reply within three months of presenting the claim. |
| --- | --- |

(b)

if the insurance undertaking has failed to appoint a claims representative in the Member State of residence of the injured party in accordance with Article 20(1); in such a case, injured parties may not present a claim to the compensation body if they have presented a claim for compensation directly to the insurance undertaking of the vehicle the use of which caused the accident and if they have received a reasoned reply within three months of presenting the claim.

Injured parties may not however present a claim to the compensation body if they have taken legal action directly against the insurance undertaking.

The compensation body shall take action within two months of the date when the injured party presents a claim for compensation to it but shall terminate its action if the insurance undertaking, or its claims representative, subsequently makes a reasoned reply to the claim.

The compensation body shall immediately inform:

| (a) | the insurance undertaking of the vehicle the use of which caused the accident or the claims representative; |
| --- | --- |

(a)

the insurance undertaking of the vehicle the use of which caused the accident or the claims representative;

| (b) | the compensation body in the Member State in which the insurance undertaking which issued the policy is established; |
| --- | --- |

(b)

the compensation body in the Member State in which the insurance undertaking which issued the policy is established;

| (c) | if known, the person who caused the accident; |
| --- | --- |

(c)

if known, the person who caused the accident;

that it has received a claim from the injured party and that it will respond to that claim within two months of the presentation of that claim.

This provision shall be without prejudice to the right of the Member States to regard compensation by that body as subsidiary or non-subsidiary and the right to make provision for the settlement of claims between that body and the person or persons who caused the accident and other insurance undertakings or social security bodies required to compensate the injured party in respect of the same accident. However, Member States may not allow the body to make the payment of compensation subject to any conditions other than those laid down in this Directive, in particular the injured party’s establishing in any way that the person liable is unable or refuses to pay.

2.   The compensation body which has compensated the injured party in his Member State of residence shall be entitled to claim reimbursement of the sum paid by way of compensation from the compensation body in the Member State in which the insurance undertaking which issued the policy is established.

The latter body shall be subrogated to the injured party in his rights against the person who caused the accident or his insurance undertaking in so far as the compensation body in the Member State of residence of the injured party has provided compensation for the loss or injury suffered.

Each Member State shall be obliged to acknowledge this subrogation as provided for by any other Member State.

3.   This Article shall take effect:

| (a) | after an agreement has been concluded between the compensation bodies established or approved by the Member States relating to their functions and obligations and the procedures for reimbursement; |
| --- | --- |

(a)

after an agreement has been concluded between the compensation bodies established or approved by the Member States relating to their functions and obligations and the procedures for reimbursement;

| (b) | from the date fixed by the Commission upon its having ascertained in close cooperation with the Member States that such an agreement has been concluded. |
| --- | --- |

(b)

from the date fixed by the Commission upon its having ascertained in close cooperation with the Member States that such an agreement has been concluded.

Article 25

Compensation

1.   If it is impossible to identify the vehicle or if, within two months of the date of the accident, it is impossible to identify the insurance undertaking, the injured party may apply for compensation from the compensation body in the Member State where he resides. The compensation shall be provided in accordance with the provisions of Articles 9 and 10. The compensation body shall then have a claim, on the conditions laid down in Article 24(2):

| (a) | where the insurance undertaking cannot be identified: against the guarantee fund in the Member State where the vehicle is normally based; |
| --- | --- |

(a)

where the insurance undertaking cannot be identified: against the guarantee fund in the Member State where the vehicle is normally based;

| (b) | in the case of an unidentified vehicle: against the guarantee fund in the Member State in which the accident took place; |
| --- | --- |

(b)

in the case of an unidentified vehicle: against the guarantee fund in the Member State in which the accident took place;

| (c) | in the case of a third-country vehicle: against the guarantee fund in the Member State in which the accident took place. |
| --- | --- |

(c)

in the case of a third-country vehicle: against the guarantee fund in the Member State in which the accident took place.

2.   This Article shall apply to accidents caused by third-country vehicles covered by Articles 7 and 8.

Article 26

Central body

Member States shall take all appropriate measures to facilitate the timely provision to the victims, their insurers or their legal representatives of the basic data necessary for the settlement of claims.

Those basic data shall, where appropriate, be made available in electronic form in a central repository in each Member State, and be accessible by parties involved in the case at their express request.

Article 27

Penalties

Member States shall fix penalties for breaches of the national provisions which they adopt in implementation of this Directive and shall take the steps necessary to secure the application thereof. The penalties shall be effective, proportional and dissuasive. The Member States shall notify to the Commission as soon as possible any amendments concerning provisions adopted pursuant to this Article.

CHAPTER 8

FINAL PROVISIONS

Article 28

National provisions

1.   Member States may, in accordance with the Treaty, maintain or bring into force provisions which are more favourable to injured parties than the provisions needed to comply with this Directive.

2.   Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.

Article 29

Repeal

Directives 72/166/EEC, 84/5/EEC, 90/232/EEC, 2000/26/EC and 2005/14/EC, as amended by the Directives listed in Annex I, Part A, are hereby repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex I, Part B.

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.

Article 30

Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 31

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 16 September 2009.

For the European Parliament

The President

J. BUZEK

For the Council

The President

C. MALMSTRÖM

---

(1)  OJ C 224, 30.8.2008, p. 39.

1

(2)  Opinion of the European Parliament of 21 October 2008 (not yet published in the Official Journal) and Council Decision of 13 July 2009.

2

(3)  OJ L 103, 2.5.1972, p. 1.

3

(4)  OJ L 8, 11.1.1984, p. 17.

4

(5)  OJ L 129, 19.5.1990, p. 33.

5

(6)  OJ L 181, 20.7.2000, p. 65.

6

(7)  See Annex I, Part A.

7

(8)  OJ L 149, 11.6.2005, p. 14.

8

(9)  OJ L 257, 27.10.1995, p. 1.

9

(10)  OJ L 12, 16.1.2001, p. 1.

10

(11)  OJ L 228, 16.8.1973, p. 3.

11

(12)  OJ L 228, 11.8.1992, p. 1.

12

(13)  OJ L 281, 23.11.1995, p. 31.

13

(14)  OJ L 172, 4.7.1988, p. 1.

14

---

ANNEX I

PART A

Repealed Directive with list of its successive amendments

(referred to in Article 29)

| Council Directive 72/166/EEC
  (OJ L 103, 2.5.1972, p. 1) | |
| --- | --- |
| Council Directive 72/430/EEC
  (OJ L 291, 28.12.1972, p. 162) | |
| Council Directive 84/5/EEC
  (OJ L 8, 11.1.1984, p. 17) | Only Article 4 |
| Directive 2005/14/EC of the European Parliament and Council
  (OJ L 149, 11.6.2005, p. 14) | Only Article 1 |
| Council Directive 84/5/EEC
  (OJ L 8, 11.1.1984, p. 17) | |
| Annex I, point IX.F of the 1985 Act of Accession
  (OJ L 302, 15.11.1985, p. 218) | |
| Council Directive 90/232/EEC
  (OJ L 129, 19.5.1990, p. 33) | Only Article 4 |
| Directive 2005/14/EC of the European Parliament and Council
  (OJ L 149, 11.6.2005, p. 14) | Only Article 2 |
| Council Directive 90/232/EEC
  (OJ L 129, 19.5.1990, p. 33) | |
| Directive 2005/14/EC of the European Parliament and Council
  (OJ L 149, 11.6.2005, p. 14) | Only Article 4 |
| Directive 2000/26/EC of the European Parliament and Council
  (OJ L 181, 20.7.2000, p. 65) | |
| Directive 2005/14/EC of the European Parliament and Council
  (OJ L 149, 11.6.2005, p. 14) | Only Article 5 |
| Directive 2005/14/EC of the European Parliament and Council
  (OJ L 149, 11.6.2005, p. 14) | |

Council Directive 72/166/EEC

(OJ L 103, 2.5.1972, p. 1)

Council Directive 72/430/EEC

(OJ L 291, 28.12.1972, p. 162)

Council Directive 84/5/EEC

(OJ L 8, 11.1.1984, p. 17)

Only Article 4

Directive 2005/14/EC of the European Parliament and Council

(OJ L 149, 11.6.2005, p. 14)

Only Article 1

Council Directive 84/5/EEC

(OJ L 8, 11.1.1984, p. 17)

Annex I, point IX.F of the 1985 Act of Accession

(OJ L 302, 15.11.1985, p. 218)

Council Directive 90/232/EEC

(OJ L 129, 19.5.1990, p. 33)

Only Article 4

Directive 2005/14/EC of the European Parliament and Council

(OJ L 149, 11.6.2005, p. 14)

Only Article 2

Council Directive 90/232/EEC

(OJ L 129, 19.5.1990, p. 33)

Directive 2005/14/EC of the European Parliament and Council

(OJ L 149, 11.6.2005, p. 14)

Only Article 4

Directive 2000/26/EC of the European Parliament and Council

(OJ L 181, 20.7.2000, p. 65)

Directive 2005/14/EC of the European Parliament and Council

(OJ L 149, 11.6.2005, p. 14)

Only Article 5

Directive 2005/14/EC of the European Parliament and Council

(OJ L 149, 11.6.2005, p. 14)

PART B

List of time limits for transposition into national law and application

(referred to in Article 29)

| Directive | Time limit for transposition | Date of application |
| --- | --- | --- |
| 72/166/EEC | 31 December 1973 | — |
| 72/430/EEC | — | 1 January 1973 |
| 84/5/EEC | 31 December 1987 | 31 December 1988 |
| 90/232/EEC | 31 December 1992 | — |
| 2000/26/EC | 19 July 2002 | 19 January 2003 |
| 2005/14/EC | 11 June 2007 | — |

Directive

Time limit for transposition

Date of application

72/166/EEC

31 December 1973

—

72/430/EEC

—

1 January 1973

84/5/EEC

31 December 1987

31 December 1988

90/232/EEC

31 December 1992

—

2000/26/EC

19 July 2002

19 January 2003

2005/14/EC

11 June 2007

—

---

ANNEX II

CORRELATION TABLE

| Directive 72/166/EEC | Directive 84/5/EEC | Directive 90/232/EEC | Directive 2000/26/EC | This Directive |
| --- | --- | --- | --- | --- |
| Article 1, points (1) to (3) | | | | Article 1, points (1) to (3) |
| Article 1, point (4), first indent | | | | Article 1, point (4)(a) |
| Article 1, point (4), second indent | | | | Article 1, point (4)(b) |
| Article 1, point (4), third indent | | | | Article 1, point (4)(c) |
| Article 1, point (4), fourth indent | | | | Article 1, point (4)(d) |
| Article 1, point (5) | | | | Article 1, point (5) |
| Article 2(1) | | | | Article 4 |
| Article 2(2), introductory wording | | | | Article 2, introductory wording |
| Article 2(2), first indent | | | | Article 2, point (a) |
| Article 2(2), second indent | | | | Article 2, point (b) |
| Article 2(2), third indent | | | | Article 2, point (c) |
| Article 3(1), first sentence | | | | Article 3, first paragraph |
| Article 3(1), second sentence | | | | Article 3, second paragraph |
| Article 3(2), introductory wording | | | | Article 3, third paragraph, introductory wording |
| Article 3(2), first indent | | | | Article 3, third paragraph, point (a) |
| Article 3(2), second indent | | | | Article 3, third paragraph, point (b) |
| Article 4, introductory wording | | | | Article 5(1), first subparagraph |
| Article 4, point (a), first subparagraph | | | | Article 5(1), first subparagraph |
| Article 4, point (a), second subparagraph, first sentence | | | | Article 5(1), second subparagraph |
| Article 4, point (a), second subparagraph, second sentence | | | | Article 5(1), third subparagraph |
| Article 4, point (a), second subparagraph, third sentence | | | | Article 5(1), fourth subparagraph |
| Article 4, point (a), second subparagraph, fourth sentence | | | | Article 5(1), fifth subparagraph |
| Article 4, point (b), first subparagraph | | | | Article 5(2), first subparagraph |
| Article 4, point (b), second subparagraph, first sentence | | | | Article 5(2), second subparagraph |
| Article 4, point (b), second subparagraph, second sentence | | | | Article 5(2), third subparagraph |
| Article 4, point (b), third subparagraph, first sentence | | | | Article 5(2), fourth subparagraph |
| Article 4, point (b), third subparagraph, second sentence | | | | Article 5(2), fifth subparagraph |
| Article 5, introductory wording | | | | Article 6, first subparagraph, introductory wording |
| Article 5, first indent | | | | Article 6, first paragraph, point (a) |
| Article 5, second indent | | | | Article 6, first paragraph, point (b) |
| Article 5, final wording | | | | Article 6, second paragraph |
| Article 6 | | | | Article 7 |
| Article 7(1) | | | | Article 8(1), first subparagraph |
| Article 7(2) | | | | Article 8(1), second subparagraph |
| Article 7(3) | | | | Article 8(2) |
| Article 8 | | | | — |
| | Article 1(1) | | | Article 3, fourth paragraph |
| | Article 1(2) | | | Article 9(1) |
| | Article 1(3) | | | Article 9(2) |
| | Article 1(4) | | | Article 10(1) |
| | Article 1(5) | | | Article 10(2) |
| | Article 1(6) | | | Article 10(3) |
| | Article 1(7) | | | Article 10(4) |
| | Article 2(1), first subparagraph, introductory wording | | | Article 13(1), first subparagraph, introductory wording |
| | Article 2(1), first indent | | | Article 13(1), first subparagraph, point (a) |
| | Article 2(1), second indent | | | Article 13(1), first subparagraph, point (b) |
| | Article 2(1), third indent | | | Article 13(1), first subparagraph, point (c) |
| | Article 2(1), first subparagraph, final wording | | | Article 13(1), first subparagraph, introductory wording |
| | Article 2(1), second and third subparagraphs | | | Article 13(1), second and third subparagraphs |
| | Article 2(2) | | | Article 13(2) |
| | Article 3 | | | Article 12(2) |
| | Article 4 | | | — |
| | Article 5 | | | — |
| | Article 6 | | | — |
| | | Article 1, first paragraph | | Article 12(1) |
| | | Article 1, second paragraph | | Article 13(3) |
| | | Article 1, third paragraph | | — |
| | | Article 1a, first sentence | | Article 12(3), first subparagraph |
| | | Article 1a, second sentence | | Article 12(3), second subparagraph |
| | | Article 2, introductory wording | | Article 14, introductory wording |
| | | Article 2, first indent | | Article 14, point (a) |
| | | Article 2, second indent | | Article 14, point (b) |
| | | Article 3 | | — |
| | | Article 4 | | Article 11 |
| | | Article 4a | | Article 15 |
| | | Article 4b, first sentence | | Article 16, first paragraph |
| | | Article 4b, second sentence | | Article 16, second paragraph |
| | | Article 4c | | Article 17 |
| | | Article 4d | Article 3 | Article 18 |
| | | Article 4e, first paragraph | | Article 19, first paragraph |
| | | Article 4e, second paragraph, first sentence | | Article 19, second paragraph |
| | | Article 4e, second paragraph, second sentence | | Article 19, third paragraph |
| | | Article 5(1) | | Article 23(5) |
| | | Article 5(2) | | — |
| | | Article 6 | | — |
| | | | Article 1(1) | Article 20(1) |
| | | | Article 1(2) | Article 20(2) |
| | | | Article 1(3) | Article 25(2) |
| | | | Article 2, introductory wording | — |
| | | | Article 2, point (a) | Article 1, point (6) |
| | | | Article 2, point (b) | Article 1, point (7) |
| | | | Article 2, points (c), (d) and (e) | — |
| | | | Article 4(1), first sentence | Article 21(1), first subparagraph |
| | | | Article 4(1), second sentence | Article 21(1), second subparagraph |
| | | | Article 4(1), third sentence | Article 21(1), third subparagraph |
| | | | Article 4(2), first sentence | Article 21(2), first subparagraph |
| | | | Article 4(2), second sentence | Article 21(2), second subparagraph |
| | | | Article 4(3) | Article 21(3) |
| | | | Article 4(4), first sentence | Article 21(4), first subparagraph |
| | | | Article 4(4), second sentence | Article 21(4), second subparagraph |
| | | | Article 4(5), first sentence | Article 21(5), first subparagraph |
| | | | Article 4(5), second sentence | Article 21(5), second subparagraph |
| | | | Article 4(6) | Article 22 |
| | | | Article 4(7) | — |
| | | | Article 4(8) | Article 21(6) |
| | | | Article 5(1), first subparagraph, introductory wording | Article 23(1), first subparagraph, introductory wording |
| | | | Article 5(1), first subparagraph, point (a), introductory wording | Article 23(1), first subparagraph, point (a), introductory wording |
| | | | Article 5(1), first subparagraph, point (a)(1) | Article 23(1), first subparagraph, point (a)(i) |
| | | | Article 5(1), first subparagraph, point (a)(2) | Article 23(1), first subparagraph, point (a)(ii) |
| | | | Article 5(1), first subparagraph, point (a)(3) | Article 23(1), first subparagraph, point (a)(iii) |
| | | | Article 5(1), first subparagraph, point (a)(4) | Article 23(1), first subparagraph, point (a)(iv) |
| | | | Article 5(1), first subparagraph, point (a)(5), introductory wording | Article 23(1), first subparagraph, point (a)(v), introductory wording |
| | | | Article 5(1), first subparagraph, point (a)(5)(i) | Article 23(1), first subparagraph, point (a)(v), first indent |
| | | | Article 5(1), first subparagraph, point (a)(5)(ii) | Article 23(1), first subparagraph, point (a)(v), second indent |
| | | | Article 5(1), second subparagraph | Article 23(1), second subparagraph |
| | | | Article 5(2), (3) and (4) | Article 23(2), (3) and (4) |
| | | | Article 5(5) | Article 23(6) |
| | | | Article 6(1) | Article 24(1) |
| | | | Article 6(2), first subparagraph | Article 24(2), first subparagraph |
| | | | Article 6(2), second subparagraph, first sentence | Article 24(2), second subparagraph |
| | | | Article 6(2), second subparagraph, second sentence | Article 24(2), third subparagraph |
| | | | Article 6(3), first subparagraph | Article 24(3) |
| | | | Article 6(3), second subparagraph | — |
| | | | Article 6a | Article 26 |
| | | | Article 7, introductory wording | Article 25(1), introductory wording |
| | | | Article 7, point (a) | Article 25(1), point (a) |
| | | | Article 7, point (b) | Article 25(1), point (b) |
| | | | Article 7, point (c) | Article 25(1), point (c) |
| | | | Article 8 | — |
| | | | Article 9 | — |
| | | | Article 10(1) to (3) | — |
| | | | Article 10(4) | Article 28(1) |
| | | | Article 10(5) | Article 28(2) |
| | | | | Article 29 |
| | | | Article 11 | Article 30 |
| | | | Article 12 | Article 27 |
| Article 9 | Article 7 | Article 7 | Article 13 | Article 31 |
| | | | | Annex I |
| | | | | Annex II |

Directive 72/166/EEC

Directive 84/5/EEC

Directive 90/232/EEC

Directive 2000/26/EC

This Directive

Article 1, points (1) to (3)

Article 1, points (1) to (3)

Article 1, point (4), first indent

Article 1, point (4)(a)

Article 1, point (4), second indent

Article 1, point (4)(b)

Article 1, point (4), third indent

Article 1, point (4)(c)

Article 1, point (4), fourth indent

Article 1, point (4)(d)

Article 1, point (5)

Article 1, point (5)

Article 2(1)

Article 4

Article 2(2), introductory wording

Article 2, introductory wording

Article 2(2), first indent

Article 2, point (a)

Article 2(2), second indent

Article 2, point (b)

Article 2(2), third indent

Article 2, point (c)

Article 3(1), first sentence

Article 3, first paragraph

Article 3(1), second sentence

Article 3, second paragraph

Article 3(2), introductory wording

Article 3, third paragraph, introductory wording

Article 3(2), first indent

Article 3, third paragraph, point (a)

Article 3(2), second indent

Article 3, third paragraph, point (b)

Article 4, introductory wording

Article 5(1), first subparagraph

Article 4, point (a), first subparagraph

Article 5(1), first subparagraph

Article 4, point (a), second subparagraph, first sentence

Article 5(1), second subparagraph

Article 4, point (a), second subparagraph, second sentence

Article 5(1), third subparagraph

Article 4, point (a), second subparagraph, third sentence

Article 5(1), fourth subparagraph

Article 4, point (a), second subparagraph, fourth sentence

Article 5(1), fifth subparagraph

Article 4, point (b), first subparagraph

Article 5(2), first subparagraph

Article 4, point (b), second subparagraph, first sentence

Article 5(2), second subparagraph

Article 4, point (b), second subparagraph, second sentence

Article 5(2), third subparagraph

Article 4, point (b), third subparagraph, first sentence

Article 5(2), fourth subparagraph

Article 4, point (b), third subparagraph, second sentence

Article 5(2), fifth subparagraph

Article 5, introductory wording

Article 6, first subparagraph, introductory wording

Article 5, first indent

Article 6, first paragraph, point (a)

Article 5, second indent

Article 6, first paragraph, point (b)

Article 5, final wording

Article 6, second paragraph

Article 6

Article 7

Article 7(1)

Article 8(1), first subparagraph

Article 7(2)

Article 8(1), second subparagraph

Article 7(3)

Article 8(2)

Article 8

—

Article 1(1)

Article 3, fourth paragraph

Article 1(2)

Article 9(1)

Article 1(3)

Article 9(2)

Article 1(4)

Article 10(1)

Article 1(5)

Article 10(2)

Article 1(6)

Article 10(3)

Article 1(7)

Article 10(4)

Article 2(1), first subparagraph, introductory wording

Article 13(1), first subparagraph, introductory wording

Article 2(1), first indent

Article 13(1), first subparagraph, point (a)

Article 2(1), second indent

Article 13(1), first subparagraph, point (b)

Article 2(1), third indent

Article 13(1), first subparagraph, point (c)

Article 2(1), first subparagraph, final wording

Article 13(1), first subparagraph, introductory wording

Article 2(1), second and third subparagraphs

Article 13(1), second and third subparagraphs

Article 2(2)

Article 13(2)

Article 3

Article 12(2)

Article 4

—

Article 5

—

Article 6

—

Article 1, first paragraph

Article 12(1)

Article 1, second paragraph

Article 13(3)

Article 1, third paragraph

—

Article 1a, first sentence

Article 12(3), first subparagraph

Article 1a, second sentence

Article 12(3), second subparagraph

Article 2, introductory wording

Article 14, introductory wording

Article 2, first indent

Article 14, point (a)

Article 2, second indent

Article 14, point (b)

Article 3

—

Article 4

Article 11

Article 4a

Article 15

Article 4b, first sentence

Article 16, first paragraph

Article 4b, second sentence

Article 16, second paragraph

Article 4c

Article 17

Article 4d

Article 3

Article 18

Article 4e, first paragraph

Article 19, first paragraph

Article 4e, second paragraph, first sentence

Article 19, second paragraph

Article 4e, second paragraph, second sentence

Article 19, third paragraph

Article 5(1)

Article 23(5)

Article 5(2)

—

Article 6

—

Article 1(1)

Article 20(1)

Article 1(2)

Article 20(2)

Article 1(3)

Article 25(2)

Article 2, introductory wording

—

Article 2, point (a)

Article 1, point (6)

Article 2, point (b)

Article 1, point (7)

Article 2, points (c), (d) and (e)

—

Article 4(1), first sentence

Article 21(1), first subparagraph

Article 4(1), second sentence

Article 21(1), second subparagraph

Article 4(1), third sentence

Article 21(1), third subparagraph

Article 4(2), first sentence

Article 21(2), first subparagraph

Article 4(2), second sentence

Article 21(2), second subparagraph

Article 4(3)

Article 21(3)

Article 4(4), first sentence

Article 21(4), first subparagraph

Article 4(4), second sentence

Article 21(4), second subparagraph

Article 4(5), first sentence

Article 21(5), first subparagraph

Article 4(5), second sentence

Article 21(5), second subparagraph

Article 4(6)

Article 22

Article 4(7)

—

Article 4(8)

Article 21(6)

Article 5(1), first subparagraph, introductory wording

Article 23(1), first subparagraph, introductory wording

Article 5(1), first subparagraph, point (a), introductory wording

Article 23(1), first subparagraph, point (a), introductory wording

Article 5(1), first subparagraph, point (a)(1)

Article 23(1), first subparagraph, point (a)(i)

Article 5(1), first subparagraph, point (a)(2)

Article 23(1), first subparagraph, point (a)(ii)

Article 5(1), first subparagraph, point (a)(3)

Article 23(1), first subparagraph, point (a)(iii)

Article 5(1), first subparagraph, point (a)(4)

Article 23(1), first subparagraph, point (a)(iv)

Article 5(1), first subparagraph, point (a)(5), introductory wording

Article 23(1), first subparagraph, point (a)(v), introductory wording

Article 5(1), first subparagraph, point (a)(5)(i)

Article 23(1), first subparagraph, point (a)(v), first indent

Article 5(1), first subparagraph, point (a)(5)(ii)

Article 23(1), first subparagraph, point (a)(v), second indent

Article 5(1), second subparagraph

Article 23(1), second subparagraph

Article 5(2), (3) and (4)

Article 23(2), (3) and (4)

Article 5(5)

Article 23(6)

Article 6(1)

Article 24(1)

Article 6(2), first subparagraph

Article 24(2), first subparagraph

Article 6(2), second subparagraph, first sentence

Article 24(2), second subparagraph

Article 6(2), second subparagraph, second sentence

Article 24(2), third subparagraph

Article 6(3), first subparagraph

Article 24(3)

Article 6(3), second subparagraph

—

Article 6a

Article 26

Article 7, introductory wording

Article 25(1), introductory wording

Article 7, point (a)

Article 25(1), point (a)

Article 7, point (b)

Article 25(1), point (b)

Article 7, point (c)

Article 25(1), point (c)

Article 8

—

Article 9

—

Article 10(1) to (3)

—

Article 10(4)

Article 28(1)

Article 10(5)

Article 28(2)

Article 29

Article 11

Article 30

Article 12

Article 27

Article 9

Article 7

Article 7

Article 13

Article 31

Annex I

Annex II

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

| 7.10.2009 | EN | Official Journal of the European Union | L 263/32 |
| --- | --- | --- | --- |

7.10.2009

EN

Official Journal of the European Union

L 263/32

---

COMMISSION DECISION

of 2 October 2009

setting out the practical arrangements for the exchange of information by electronic means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market

(notified under document C(2009) 7493)

(Text with EEA relevance)

(2009/739/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (1), and in particular the second sentence of Article 36 thereof,

After consulting the European Data Protection Supervisor,

Whereas:

| (1) | The obligation of mutual assistance and effective cooperation with one another imposed on Member States under Articles 28 to 36 of Directive 2006/123/EC entails the exchange of information between their competent authorities. In order to function properly, cooperation between Member States needs to be supported by technical means which enable direct and fast communication between their competent authorities. For this purpose, Directive 2006/123/EC, in its Article 34(1), provides that the Commission, in cooperation with Member States, shall establish an electronic system for the exchange of information between Member States, taking into account existing information systems. |
| --- | --- |

(1)

The obligation of mutual assistance and effective cooperation with one another imposed on Member States under Articles 28 to 36 of Directive 2006/123/EC entails the exchange of information between their competent authorities. In order to function properly, cooperation between Member States needs to be supported by technical means which enable direct and fast communication between their competent authorities. For this purpose, Directive 2006/123/EC, in its Article 34(1), provides that the Commission, in cooperation with Member States, shall establish an electronic system for the exchange of information between Member States, taking into account existing information systems.

| (2) | The Internal Market Information System (IMI), established pursuant to Decision 2004/387/EC of the European Parliament and of the Council of 21 April 2004 on the Interoperable delivery of pan-European eGovernment services to public administrations, businesses and citizens (IDABC) (2), is an electronic tool which is intended to support a number of legislative acts in the field of internal market, which require the exchange of information between Member States' administrations. Since IMI allows secure and structured exchange of information between competent authorities by electronic means and since it also enables competent authorities to identify easily the relevant interlocutor in other Member States and to communicate with each other in a fast and efficient way, it is appropriate to use IMI for the exchange of information for the purposes of Directive 2006/123/EC. |
| --- | --- |

(2)

The Internal Market Information System (IMI), established pursuant to Decision 2004/387/EC of the European Parliament and of the Council of 21 April 2004 on the Interoperable delivery of pan-European eGovernment services to public administrations, businesses and citizens (IDABC) (2), is an electronic tool which is intended to support a number of legislative acts in the field of internal market, which require the exchange of information between Member States' administrations. Since IMI allows secure and structured exchange of information between competent authorities by electronic means and since it also enables competent authorities to identify easily the relevant interlocutor in other Member States and to communicate with each other in a fast and efficient way, it is appropriate to use IMI for the exchange of information for the purposes of Directive 2006/123/EC.

| (3) | In order to make it possible for the competent authorities of the Member States to efficiently exchange information by electronic means, it is necessary to lay down practical arrangements for such an exchange through IMI. |
| --- | --- |

(3)

In order to make it possible for the competent authorities of the Member States to efficiently exchange information by electronic means, it is necessary to lay down practical arrangements for such an exchange through IMI.

| (4) | Besides requests for information and to carry out checks, inspections and investigations, as well as replies thereto, Directive 2006/123/EC provides for two specific mechanisms of information exchange: the exchange of information on serious specific acts and circumstances relating to a service activity that could cause serious damage to the health or safety of persons or to the environment (alerts), under Article 29(3) and Article 32(1) of Directive 2006/123/EC, and the exchange of information on exceptional measures relating to the safety of services (case-by-case derogations), under Article 18 and Article 35 of Directive 2006/123/EC. |
| --- | --- |

(4)

Besides requests for information and to carry out checks, inspections and investigations, as well as replies thereto, Directive 2006/123/EC provides for two specific mechanisms of information exchange: the exchange of information on serious specific acts and circumstances relating to a service activity that could cause serious damage to the health or safety of persons or to the environment (alerts), under Article 29(3) and Article 32(1) of Directive 2006/123/EC, and the exchange of information on exceptional measures relating to the safety of services (case-by-case derogations), under Article 18 and Article 35 of Directive 2006/123/EC.

| (5) | Since alerts concern serious threats to the health or safety of persons or to the environment, close cooperation between the competent authorities in different Member States is essential to put an end to the threat concerned and to keep these authorities adequately informed on the actions taken by the other authorities, as well as on the removal or persistence of the threat. In order to ensure effective supervision by the competent authorities of the providers and the services they provide, as well as adequate protection of personal data contained in alerts, it is necessary to provide for the closure of an alert which has been opened by a Member State in accordance with Directive 2006/123/EC, when the conditions laid down in Article 29(3) and Article 32(1) are no longer met. It should be made possible for Member States to object to a proposal of closing an alert where the threat of serious damage to the health or safety of persons or to the environment persists. |
| --- | --- |

(5)

Since alerts concern serious threats to the health or safety of persons or to the environment, close cooperation between the competent authorities in different Member States is essential to put an end to the threat concerned and to keep these authorities adequately informed on the actions taken by the other authorities, as well as on the removal or persistence of the threat. In order to ensure effective supervision by the competent authorities of the providers and the services they provide, as well as adequate protection of personal data contained in alerts, it is necessary to provide for the closure of an alert which has been opened by a Member State in accordance with Directive 2006/123/EC, when the conditions laid down in Article 29(3) and Article 32(1) are no longer met. It should be made possible for Member States to object to a proposal of closing an alert where the threat of serious damage to the health or safety of persons or to the environment persists.

| (6) | Under Article 43 of Directive 2006/123/EC, the implementation and application of that Directive and, in particular, the provisions on supervision are to respect the rules on the protection of personal data as provided for in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (4). Accordingly, the exchange of information by electronic means between Member States should be carried out in accordance with the rules on the protection of personal data in Directives 95/46/EC and 2002/58/EC. The processing of information by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5). |
| --- | --- |

(6)

Under Article 43 of Directive 2006/123/EC, the implementation and application of that Directive and, in particular, the provisions on supervision are to respect the rules on the protection of personal data as provided for in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (4). Accordingly, the exchange of information by electronic means between Member States should be carried out in accordance with the rules on the protection of personal data in Directives 95/46/EC and 2002/58/EC. The processing of information by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

| (7) | To ensure a high level of protection of personal data with regard to the operation of IMI, the Commission adopted Decision 2008/49/EC of 12 December 2007 concerning the implementation of the Internal Market Information System (IMI) as regards the protection of personal data (6) and Recommendation 2009/329/EC of 26 March 2009 on data protection guidelines for the Internal Market Information System (IMI) (7). |
| --- | --- |

(7)

To ensure a high level of protection of personal data with regard to the operation of IMI, the Commission adopted Decision 2008/49/EC of 12 December 2007 concerning the implementation of the Internal Market Information System (IMI) as regards the protection of personal data (6) and Recommendation 2009/329/EC of 26 March 2009 on data protection guidelines for the Internal Market Information System (IMI) (7).

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 40 of Directive 2006/123/EC, |
| --- | --- |

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 40 of Directive 2006/123/EC,

HAS ADOPTED THIS DECISION:

Article 1

Use of IMI for the exchange of information

1.   The Internal Market Information System (IMI) shall be used for the exchange of information by electronic means between Member States for the purpose of complying with the provisions on administrative cooperation set out in Chapter VI of Directive 2006/123/EC providing for the following:

| (a) | requests for information and to carry out checks, inspections and investigations, as well as replies thereto, under Chapter VI of Directive 2006/123/EC; |
| --- | --- |

(a)

requests for information and to carry out checks, inspections and investigations, as well as replies thereto, under Chapter VI of Directive 2006/123/EC;

| (b) | alerts, pursuant to Article 29(3) and Article 32(1) of Directive 2006/123/EC; |
| --- | --- |

(b)

alerts, pursuant to Article 29(3) and Article 32(1) of Directive 2006/123/EC;

| (c) | case-by-case requests and notifications, in accordance with the procedure laid down in Article 35(2), (3) and (6) of Directive 2006/123/EC. |
| --- | --- |

(c)

case-by-case requests and notifications, in accordance with the procedure laid down in Article 35(2), (3) and (6) of Directive 2006/123/EC.

2.   IMI coordinators referred to in Article 8 of Decision 2008/49/EC may be designated as liaison points foreseen by Article 28(2) of Directive 2006/123/EC.

Article 2

Functions of IMI in relation to requests for information and to carry out checks, inspections and investigations, as well as replies thereto

For the purpose of requests for information and to carry out checks, inspections and investigations, as well as replies thereto, IMI shall provide for the following actions:

| (a) | sending requests; |
| --- | --- |

(a)

sending requests;

| (b) | sending and requesting additional information; |
| --- | --- |

(b)

sending and requesting additional information;

| (c) | accepting requests; |
| --- | --- |

(c)

accepting requests;

| (d) | forwarding requests; |
| --- | --- |

(d)

forwarding requests;

| (e) | replying to requests. |
| --- | --- |

(e)

replying to requests.

Article 3

Functions of IMI in relation to alerts

1.   For the purpose of the exchange of information on alerts, IMI shall provide for the following actions:

| (a) | sending alerts when the conditions laid down in Article 29(3) and Article 32(1) of Directive 2006/123/EC are met; |
| --- | --- |

(a)

sending alerts when the conditions laid down in Article 29(3) and Article 32(1) of Directive 2006/123/EC are met;

| (b) | sending and requesting additional information on alerts; |
| --- | --- |

(b)

sending and requesting additional information on alerts;

| (c) | withdrawing alerts which are sent without the conditions laid down in Article 29(3) and Article 32(1) of Directive 2006/123/EC being met; |
| --- | --- |

(c)

withdrawing alerts which are sent without the conditions laid down in Article 29(3) and Article 32(1) of Directive 2006/123/EC being met;

| (d) | correcting information contained in alerts; |
| --- | --- |

(d)

correcting information contained in alerts;

| (e) | sending proposals for closure of alerts; |
| --- | --- |

(e)

sending proposals for closure of alerts;

| (f) | objecting to proposals for closure of alerts; |
| --- | --- |

(f)

objecting to proposals for closure of alerts;

| (g) | closing alerts when the conditions laid down in Article 29(3) and Article 32(1) of Directive 2006/123/EC are no longer met. |
| --- | --- |

(g)

closing alerts when the conditions laid down in Article 29(3) and Article 32(1) of Directive 2006/123/EC are no longer met.

2.   For the purpose of sending alerts and related information to other Member States and of receiving alerts from other Member States, IMI shall provide for the function of alert coordinator. The function of alert coordinator may be carried out by the IMI actors provided for in Articles 7 and 8 of Decision 2008/49/EC.

3.   Prior to erasure from the system according to the procedure laid down in Article 4 of Decision 2008/49/EC, information, including personal data, contained in an alert which has been closed shall no longer be visible to any user in IMI.

Article 4

Functions of IMI in relation to the case-by-case derogation mechanism

For the purpose of the exchange of information on the case-by-case derogations, IMI shall provide for the following actions:

| (a) | sending a request to the Member State of establishment under Article 35(2) of Directive 2006/123/EC; |
| --- | --- |

(a)

sending a request to the Member State of establishment under Article 35(2) of Directive 2006/123/EC;

| (b) | replying to a request sent under Article 35(2) of Directive 2006/123/EC; |
| --- | --- |

(b)

replying to a request sent under Article 35(2) of Directive 2006/123/EC;

| (c) | sending a notification to the Commission and the Member State of establishment under Article 35(3) and Article 35(6) of Directive 2006/123/EC; |
| --- | --- |

(c)

sending a notification to the Commission and the Member State of establishment under Article 35(3) and Article 35(6) of Directive 2006/123/EC;

| (d) | informing automatically a coordinator about the actions provided for in points (a), (b) and (c). |
| --- | --- |

(d)

informing automatically a coordinator about the actions provided for in points (a), (b) and (c).

Article 5

Protection of personal data

The processing of personal data for the purpose of the exchange of information by electronic means between Member States shall be carried out in accordance with Directives 95/46/EC and 2002/58/EC.

The processing of personal data by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001.

Article 6

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 2 October 2009.

For the Commission

Charlie McCREEVY

Member of the Commission

---

(1)  OJ L 376, 27.12.2006, p. 36.

1

(2)  OJ L 181, 18.5.2004, p. 25.

2

(3)  OJ L 281, 23.11.1995, p. 31.

3

(4)  OJ L 201, 31.7.2002, p. 37.

4

(5)  OJ L 8, 12.1.2001, p. 1.

5

(6)  OJ L 13, 16.1.2008, p. 18.

6

(7)  OJ L 100, 18.4.2009, p. 12.

7

---

| 7.10.2009 | EN | Official Journal of the European Union | L 263/35 |
| --- | --- | --- | --- |

7.10.2009

EN

Official Journal of the European Union

L 263/35

---

COMMISSION DECISION

of 6 October 2009

granting a derogation to France pursuant to Decision 2008/477/EC on the harmonisation of the 2 500-2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community

(notified under document C(2009) 7514)

(Only the French text is authentic)

(2009/740/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(5) thereof,

Having regard to Commission Decision 2008/477/EC of 13 June 2008 on the harmonisation of the 2 500-2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (2), and in particular Article 2(2) thereof,

Whereas:

| (1) | Under Decision 2008/477/EC Member States must designate and subsequently make available, on a non-exclusive basis, the 2 500-2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services subject to specific parameters, no later than 13 December 2008. |
| --- | --- |

(1)

Under Decision 2008/477/EC Member States must designate and subsequently make available, on a non-exclusive basis, the 2 500-2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services subject to specific parameters, no later than 13 December 2008.

| (2) | Article 2(2) of Decision 2008/477/EC states that, by way of derogation, Member States may request transitional periods that may include radio spectrum sharing arrangements, pursuant to Article 4(5) of Decision No 676/2002/EC. |
| --- | --- |

(2)

Article 2(2) of Decision 2008/477/EC states that, by way of derogation, Member States may request transitional periods that may include radio spectrum sharing arrangements, pursuant to Article 4(5) of Decision No 676/2002/EC.

| (3) | France has informed the Commission that, since this band is currently occupied on an exclusive basis by mobile electronic communications equipment used for national security needs (the RUBIS System), it is not in a position to implement on time the requirements set out in Decision 2008/477/EC. |
| --- | --- |

(3)

France has informed the Commission that, since this band is currently occupied on an exclusive basis by mobile electronic communications equipment used for national security needs (the RUBIS System), it is not in a position to implement on time the requirements set out in Decision 2008/477/EC.

| (4) | By letter of 15 December 2008, France requested a temporary derogation from such requirements in order to be able to continue using this equipment while putting in place new equipment using different frequency bands. By letter of 29 June 2009, further clarification was provided in relation to this request. |
| --- | --- |

(4)

By letter of 15 December 2008, France requested a temporary derogation from such requirements in order to be able to continue using this equipment while putting in place new equipment using different frequency bands. By letter of 29 June 2009, further clarification was provided in relation to this request.

| (5) | France has provided sufficient technical justification for its request, based in particular on the need to keep the current RUBIS communication system fully operational and uninterrupted during the migration period and to procure and install new equipment. |
| --- | --- |

(5)

France has provided sufficient technical justification for its request, based in particular on the need to keep the current RUBIS communication system fully operational and uninterrupted during the migration period and to procure and install new equipment.

| (6) | The first phase of implementation will end on 1 January 2012 and make the band 2 500-2 690 MHz available in accordance with Decision 2008/477/EC in the most densely populated areas of France. The second phase will cover all areas not included in the first phase and will make them available by 31 December 2013, with the exception of Corsica, where spectrum will be made available by 31 May 2014. |
| --- | --- |

(6)

The first phase of implementation will end on 1 January 2012 and make the band 2 500-2 690 MHz available in accordance with Decision 2008/477/EC in the most densely populated areas of France. The second phase will cover all areas not included in the first phase and will make them available by 31 December 2013, with the exception of Corsica, where spectrum will be made available by 31 May 2014.

| (7) | Considering the envisaged duration of the migration, and in order to ensure the shortest transitional period possible, the French authorities commenced the process of migration on 1 July 2009. |
| --- | --- |

(7)

Considering the envisaged duration of the migration, and in order to ensure the shortest transitional period possible, the French authorities commenced the process of migration on 1 July 2009.

| (8) | A progress report on migration and implementation of commitments will help manage the transition period properly. |
| --- | --- |

(8)

A progress report on migration and implementation of commitments will help manage the transition period properly.

| (9) | The members of the Radio Spectrum Committee indicated at the Committee meeting on 2 October 2008 that they did not object to this transitional derogation. |
| --- | --- |

(9)

The members of the Radio Spectrum Committee indicated at the Committee meeting on 2 October 2008 that they did not object to this transitional derogation.

| (10) | The requested derogation would not unduly defer implementation of Decision 2008/477/EC or create undue differences in the competitive or regulatory situations between Member States. The request is justified and a transitional derogation would be appropriate to facilitate the full implementation of Decision 2008/477/EC, |
| --- | --- |

(10)

The requested derogation would not unduly defer implementation of Decision 2008/477/EC or create undue differences in the competitive or regulatory situations between Member States. The request is justified and a transitional derogation would be appropriate to facilitate the full implementation of Decision 2008/477/EC,

HAS ADOPTED THIS DECISION:

Article 1

France is hereby authorised to postpone the full implementation of Decision 2008/477/EC until 31 May 2014, subject to the conditions laid down in Articles 2 and 3.

Article 2

France shall make the band 2 500-2 690 MHz available, in accordance with Decision 2008/477/EC, in the most densely populated areas of France by 1 January 2012, including the region Ile de France, so that at least half of the French population is covered by that date. France shall make the band 2 500-2 690 MHz available in accordance with Decision 2008/477/EC in all other areas by 31 December 2013, with the exception of Corsica, where it shall be made available by 31 May 2014.

Article 3

France shall submit a first report by 1 January 2012 and a second report by 31 May 2014 on implementation of Decision 2008/477/EC.

Article 4

This Decision is addressed to the French Republic.

Done at Brussels, 6 October 2009.

For the Commission

Viviane REDING

Member of the Commission

---

(1)  OJ L 108, 24.4.2002, p. 1.

1

(2)  OJ L 163, 24.6.2008, p. 37.

2

---