1984L0005 — EN — 18.05.1990 — 002.001 — 1
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►B SECOND COUNCIL DIRECTIVE
of 30 December 1983
on the approximation of the laws of the Member States relating to insurance against civil liability
in respect of the use of motor vehicles
(84/5/EEC)
(OJ L 8, 11.1.1984, p. 17)
Amended by:
Official Journal
No page date
►M1Third Council Directive 90/232/EEC of 14 May 1990 L 129 33 19.5.1990
Amended by:
►A1Act of Accession of Spain and Portugal L 302 23 15.11.1985
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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SECOND COUNCIL DIRECTIVE
of 30 December 1983
on the approximation of the laws of the Member States relating to
insurance against civil liability in respect of the use of motor vehi-
cles
(84/5/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas, by Council Directive 72/166/EEC(4), as amended by Direc-
tive 72/430/EEC(5), the Council approximated the laws of the
Member States relating to insurance against civil liability in respect of
the use of motor vehicles and to the enforcement of the obligation to
insure against such liability;
Whereas Article 3 of Directive 72/166/EEC requires each Member
State to take all appropriate measures to ensure that civil liability inrespect of the use of vehicles normally based in its territory is coveredby insurance; whereas the extent of the liability covered and the terms
and conditions of the insurance cover are to be determined on the basis
of those measures;
Whereas, however, major disparities continue to exist between the laws
of the different Member States concerning the extent of this obligationof insurance cover; whereas these disparities have a direct effect uponthe establishment and the operation of the common market;
Whereas, in particular, the extension of the obligation of insurance
cover to include liability incurred in respect of damage to property isjustified;
Whereas the amounts in respect of which insurance is compulsory must
in any event guarantee victims adequate compensation irrespective ofthe Member State in which the accident occurred;
Whereas it is necessary to make provision for a body to guarantee that
the victim will not remain without compensation where the vehicle
which caused the accident is uninsured or unidentified; whereas it isimportant, without amending the provisions applied by the MemberStates with regard to the subsidiary or non-subsidiary nature of thecompensation paid by that body and to the rules applicable with regard
to subrogation, to provide that the victim of such an accident should be
able to apply directly to that body as a first point of contact; whereas,however, Member States should be given the possibility of applyingcertain limited exclusions as regards the payment of compensation bythat body and of providing that compensation for damage to propertycaused by an unidentified vehicle may be limited or excluded in view
of the danger of fraud;
Whereas it is in the interest of victims that the effects of certain exclu-
sion clauses be limited to the relationshipbetween the insurer and theperson responsible for the accident; whereas, however, in the case ofvehicles stolen or obtained by violence, Member States may specifythat compensation will be payable by the abovementioned body;1984L0005 — EN — 18.05.1990 — 002.001 — 2
(1) OJ No C 214, 21. 8. 1980, p. 9 and OJ No C 78, 30. 3. 1982, p. 17,
(2) OJ No C 287, 9. 11. 1981, p. 44.
(3) OJ No C 138, 9. 6. 1981, p. 15.
(4) OJ No L 103, 2. 5. 1972, p. 2.
(5) OJ No L 291, 28. 12. 1972, p. 162.
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Whereas in order to alleviate the financial burden on that body,
Member States may make provision for the application of certainexcesses where the body provides compensation for damage to property
caused by uninsured vehicles or, where appropriate, vehicles stolen or
obtained by violence;
Whereas the members of the family of the insured person, 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;
Whereas the abolition of checks on insurance is conditional on the
granting by the national insurers' bureau of the host country of a guar-antee of compensation for damage caused by vehicles normally based
in another Member State; whereas the most convenient criterion for
determining whether a vehicle is normally based in a given MemberState is the bearing of a registration plate of the State; whereas the firstindent of Article 1 (4) of Directive 72/166/EEC should therefore beamended to that effect;
Whereas, in view of the situation in certain Member States at the outset
as regards on the one hand the minimum amounts, and on the otherhand the cover and the excesses applicable by the abovementionedbody in respect of damage to property, provision should be made for
transitional measures concerning the gradual implementation in those
Member States of the provisions of the Directive concerning minimumamounts and compensation for damage to property by that body,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The insurance referred to in Article 3 (1) of Directive 72/166/
EEC shall cover compulsorily both damage to property and personalinjuries.
2. Without prejudice to any higher guarantees which Member States
may lay down, each Member State shall require that the amounts forwhich such insurance is compulsory are at least:
— in the case of personal injury, 350000 ECU where there is only one
victim; where more than one victim is involved in a single claim,this amount shall be multiplied by the number of victims,
— in the case of damage to property 100000 ECU per claim, whatever
the number of victims.
Member States may, in place of the above minimum amounts, provide
for a minimum amount of 500000 ECU for personal injury where
more than one victim is involved in a single claim or, in the case of
personal injury and damage to property, a minimum overall amount of600000 ECU per claim whatever the number of victims or the natureof the damage.
3. For the purposes of this Directive, ‘ECU’ means the unit of
account as defined in Article 1 of Regulation (EEC) No 3180/78(
1).
The conversion value in national currency to be adopted for successivefour-year periods from 1 January of the first year of each period shallbe that obtaining on the last day of the preceding September for which
ECU conversion values are available in all the Community currencies.
The first period shall begin on 1 January 1984.
4. Each Member State shall set upor authorize 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 obligationprovided for in paragraph 1 has not been satisfied. This provision shallbe without prejudice to the right of the Member States to regardcompensation by that body as subsidiary or non-subsidiary and theright to make provision for the settlement of claims between that body1984L0005 — EN — 18.05.1990 — 002.001 — 3
(1) OJ No L 379, 30. 12. 1978, p. 1.
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and the person or persons responsible for the accident and other
insurers or social security bodies required to compensate the victim inrespect of the same accident. ►
M1However, Member States may not
allow the body to make the payment of compensation conditional on
the victim's establishing in any way that the person liable is unable orrefuses to pay. ◄
The victim may in any case apply directly to the body which, on the
basis of information provided at its request by the victim, shall beobliged to give him a reasoned reply regarding the payment of any
compensation.
However, Member States may exclude the payment of compensation
by that body in respect of persons who voluntarily entered the vehiclewhich caused the damage or injury when the body can prove that theyknew it was uninsured.
Member States may limit or exclude the payment of compensation by
that body in the event of damage to property by an unidentified
vehicle.
They may also authorize, in the case of damage to property caused by
an uninsured vehicle an excess of not more than 500 ECU for whichthe victim may be responsible.
Furthermore, each Member State shall apply its laws, regulations and
administrative provisions to the payment of compensation by thisbody, without prejudice to any other practice which is more favourableto the victim.
Article 2
1. Each Member State shall take the necessary measures to ensure
that any statutory provision or any contractual clause contained in an
insurance policy issued in accordance with Article 3 (1) of Directive
72/166/EEC, which excludes from insurance the use or driving of vehi-cles by:
— persons who do not have express or implied authorization thereto,
or
— persons who do not hold a licence permitting them to drive the
vehicle concerned, or
— persons who are in breach of the statutory technical requirements
concerning the condition and safety of the vehicle concerned,
shall, for the purposes of Article 3 (1) of Directive 72/166/EEC, be
deemed to be void in respect of claims by third parties who havebeen victims of an accident.
However the provision or clause referred to in the first indent may be
invoked against persons who voluntarily entered the vehicle whichcaused the damage or injury, when the insurer can prove that theyknew the vehicle was stolen.
Member States shall have the option — in the case of accidents occur-
ring on their territory — of not applying the provision in the first
subparagraph if and in so far as the victim may obtain compensationfor the damage suffered from a social security body.
2. In the case of vehicles stolen or obtained by violence, Member
States may lay down that the body specified in Article 1 (4) will paycompensation 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 bodyin that Member State.
The Member States which, in the case of vehicles stolen or obtained by
violence, provide that the body referred to in Article 1 (4) shall paycompensation, may fix in respect of damage to property an excess ofnot more than 250 ECU for which the victim may be responsible.1984L0005 — EN — 18.05.1990 — 002.001 — 4
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Article 3
The members of the family of the insured person, driver or any other
person who is liable under civil law in the event of an accident, andwhose liability is covered by the insurance referred to in Article 1 (1)
shall not be excluded from insurance in respect of their personal inju-
ries by virtue of that relationship.
Article 4
The first indent of Article 1 (4) of Directive 72/166/EEC shall be
replaced by the following:
‘— the territory of the State of which the vehicle bears a registration
plate, or.’
Article 5
1. Member States shall amend their national provisions to comply
with this Directive not later than 31 December 1987. They shall forth-with inform the Commission thereof.
2. The provisions thus amended shall be applied not later than 31
December 1988.
3. Notwithstanding paragraph 2:
(a) the Kingdom of Spain, the Hellenic Republic and the Portuguese
Republic shall have a period until 31 December 1995 in which to
increase guarantees to the levels required by Article 1 (2). If theyavail themselves of this option the guarantee must reach, by refer-ence to the amounts laid down in that Article:
— more than 16 %, not later than 31 December 1988,
— 31 %, not later than 31 December 1992;
(b) the other Member States shall have a period until 31 December
1990 in which to increase guarantees to the levels required byArticle 1 (2). Member States which avail themselves of this optionmust, by the date indicated in paragraph 1, increase guarantees byat least half the difference between the guarantees in force on 1January 1984 and the amounts laid down in Article 1 (2).
4. Notwithstanding paragraph 2:
(a) the Italian Republic may provide that the excess laid down in the
fifth subparagraph of Article 1 (4) shall be 1000 ECU until 31
December 1990;
(b) the Kingdom of Spain, the Hellenic Republic, Ireland and the
Portuguese Republic may provide that:
— compensation by the body referred to in Article 1 (4) for
damage to property shall be excluded until 31 December 1992,
— the excess referred to in the fifth subparagraph of Article 1 (4)
and the excess referred to in the second subparagraph of Article
2 (2) shall be 1 500 ECU until 31 December 1995.
Article 6
1. Not later than 31 December 1989 the Commission shall present to
the Council a report on the situation in the Member States benefiting
from the transitional measures provided for in Article 5 (3) (a) and (4)
(b) and shall, where appropriate, submit proposals to review thesemeasures in the light of developments.
2. Not later than 31 December 1993 the Commission shall present to
the Council a progress report on the implementation of this Directiveand shall, where appropriate, submit proposals in particular as regardsadjustment of the amounts laid down in Article 1 (2) and (4).1984L0005 — EN — 18.05.1990 — 002.001 — 5
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Article 7
This Directive is addressed to the Member States.1984L0005 — EN — 18.05.1990 — 002.001 — 6