1972L0166 — EN — 01.01.1973 — 001.001 — 1
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►B COUNCILDIRECTIVE
of24April1972
ontheapproximationofthelawsoftheMemberStatesrelatingtoinsuranceagainstcivilliability
inrespect oftheuseofmotor vehicles, andtotheenforcement oftheobligation toinsureagainst
suchliability
(72/166/EEC)
(OJ L 103, 2.5.1972, p. 1)
Amended by:
Official Journal
No page date
►M1Council Directive 72/430/EEC of 19 December 1972 L 291 162 28.12.1972
▼B
COUNCILDIRECTIVE
of24April1972
on the approximationof the lawsofthe Member States relating to
insurance against civil liability in respect of the use of motor vehi-cles,andtotheenforcementoftheobligationtoinsureagainstsuch
liability
(72/166/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;Having regard to the Opinion of the European Parliament;Having regard to the Opinion of the Economic and Social Committee;Whereas the objective of the Treaty is to create a common market
which is basically similar to a domestic market, and whereas one of
the essential conditions for achieving this is to bring about the free
movement of goods and persons;
Whereas the only purpose of frontier controls of compulsory insurance
cover against civil liability in respect of the use of motor vehicles is tosafeguard the interests of persons who may be the victims of accidentscaused by such vehicles; whereas the existence of such frontier controls
results from disparities between national requirements in this field;
Whereas these disparities are such as may impede the free movement
of motor vehicles and persons within the Community; whereas, conse-quently, they have a direct effect on the establishment and functioningof the common market;
Whereas the Commission Recommendation of 21 June 1968 on control
by customs of travellers crossing intra-Community frontiers calls upon
Member States to carry out controls on travellers and their motor vehi-cles only under exceptional circumstances and to remove the physicalbarriers at customs posts;
Whereas it is desirable that the inhabitants of the Member States
should become more fully aware of the reality of the common market
and that to this end measures should be taken further to liberalize the
rules regarding the movement of persons and motor vehicles travellingbetween Member States; whereas the need for such measures has beenrepeatedly emphasized by members of the European Parliament;
Whereas such relaxation of the rules relating to the movement of
travellers constitutes another step towards the mutual opening of their
markets by Member States and the creation of conditions similar to
those of a domestic market;
Whereas the abolition of checks on green cards for vehicles normally
based in a Member State entering the territory of another Member Statecan be effected by means of an agreement between the six nationalinsurers' bureaux, whereby each national bureau would guarantee
compensation in accordance withth e provisions of national law in
respect of any loss or injury giving entitlement to compensation causedin its territory by one of those vehicles, whether or not insured.
Whereas such a guarantee agreement presupposes that all Community
motor vehicles travelling in Community territory are covered by insur-ance; whereas the national law of each Member State should, therefore,
provide for the compulsory insurance of vehicles against civil liability,
the insurance to be valid throughout Community territory; whereassuchnational law may neverth eless provide for exemptions for certainpersons and for certain types of vehicles;
Whereas the system provided for in this Directive could be extended to
vehicles normally based in the territory of any third country in respect1972L0166 — EN — 01.01.1973 — 001.001 — 2
▼B
of which the national bureaux of the six Member States have concluded
a similar agreement;
HAS ADOPTED THIS DIRECTIVE:
Article 1
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 anytrailer, whether or not coupled;
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 organization which
is constituted in accordance withRecommendation No 5 adopted on25 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 authorized to conduct the business of motor vehicleinsurance against civil liability;
4. ‘territory in which the vehicle is normally based’ means
— the territory of the State in which the vehicle is registered; or
— in cases where no registration is required for a type of vehicle
but the vehicle bears an insurance plate, or a distinguishing signanalogous to the registration plate, the territory of the State in
which the insurance plate or the sign is issued; or
— in cases where neither registration plate nor insurance plate nor
distinguishing sign is required for certain types of vehicle, theterritory of the State in which the person who has custody ofthe vehicle is permanently resident;
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 NationsEconomic Commission for Europe.
Article 2
1. Member States shall refrain from making checks on insurance
against civil liability in respect of vehicles normally based in the terri-tory of another Member State.
Likewise, Member States shall refrain from making such insurance
checks on vehicles normally based in the territory of a third country
entering their territory from the territory of another Member State.Member States may, however carry out random checks.
2. As regards vehicles normally based in the territory of a Member
State, the provisions of this Directive, with the exception of Articles 3
and 4, shall take effect:
—►
M1after an agreement has been concluded between the nine
national insurers' bureaux under the terms of which each nationalbureau guarantees the settlement, in accordance with the provisionsof national law on compulsory insurance, of claims in respect ofaccidents occurring in its territory, caused by vehicles normally
based in the territory of a another Member State, whether or not
suchveh icles are insured; ◄
— from the date fixed by the Commission, upon its having ascertained
in close cooperation with the Member States that such an agreementhas been concluded;
— for the duration of that agreement.
Article 3
1. EachMember State sh all, subject to Article 4, take all appropriate
measures to ensure that civil liability in respect of the use of vehicles1972L0166 — EN — 01.01.1973 — 001.001 — 3
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normally based in its territory is covered by insurance. The extent of
the liability covered and the terms and conditions of the cover shallbe determined on the basis of these measures.
2. EachMember State sh all take all appropriate measures to ensure
that the contract of insurance also covers:
— according to the law in force in other Member States, any loss or
injury which is caused in the territory of those States;
— any loss or injury suffered by nationals of Member States during a
direct journey between two territories in which the Treaty estab-
lishing the European Economic Community is in force, if there is
no national insurers' bureau responsible for the territory which isbeing crossed; in that case, the loss or injury shall be covered inaccordance withth e internal laws on compulsory insurance in forcein the Member State in whose territory the vehicle is normallybased.
Article 4
A Member State may act in derogation of Article 3 in respect of:
(a) certain natural or legal persons, public or private; the list of such
persons shall be drawn up by the State concerned and communi-
cated 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 the territory of other Member States by vehicles
belonging to suchpersons. It sh all in particular designate anauthority or body in the country where the loss or injury occursresponsible for compensating injured parties in accordance withthe laws of that State in cases where the procedure provided for inthe first indent of Article 2 (2) is not applicable. It shall notify the
other Member States and the Commission of the measures taken;
(b) 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 theState concerned and communicated to the other Member States and
to the Commission.
In that case, the other Member States shall retain the right to
require, on entry into their territory of such a vehicle, that theperson having custody thereof be in possession of a valid green
card or that he conclude a frontier insurance contract complying
with the requirements of the Member State concerned.
Article 5
Each Member State shall ensure that, where an accident is caused in its
territory by a vehicle normally based in the territory of anotherMember State, the national insurers' bureau shall, without prejudice tothe obligation referred to in the first indent of Article 2 (2), obtaininformation:
— as to the territory in which the vehicle is normally based, and as to
its registration mark, if any;
— 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 inthe possession of the person having custody of the vehicle, to theextent that these 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 this
information to the national insurers' bureau of the State in whose terri-tory the vehicle is normally based.
Article 6
Each Member State shall take all appropriate measures to ensure that
vehicles normally based in the territory of a third country or in thenon-European territory of a Member State entering the territory inwhich the Treaty establishing the European Economic Community is1972L0166 — EN — 01.01.1973 — 001.001 — 4
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in force shall not be used in its territory unless any loss or injury
caused by those vehicles is covered, in accordance with the require-ments 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 establishing the EuropeanEconomic Community is in force.
Article 7
1. Every vehicle normally based in the territory of a third country or
in the non-European territory of a Member State must, before enteringthe territory in which the Treaty establishing the European EconomicCommunity 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 withArticle 6.
2. However, vehicles normally based in a third country shall be
treated as vehicles normally based in the Community if the nationalbureaux of all the Member States severally guarantee, each in accor-dance withth e provisions of its own national law on compulsory
insurance, settlement of claims in respect of accidents occurring in
their territory caused by such vehicles.
3. Upon having ascertained, in close cooperation with the Member
States, that the obligations referred to in the preceding paragraph havebeen assumed, the Commission shall fix the date from which and thetypes of vehicles for which Member States shall no longer requireproduction of the documents referred to in paragraph 1.
Article 8
Member States shall, not later than 31 December 1973, bring into force
the measures necessary to comply with this Directive and shall forth-
with inform the Commission thereof.
Article 9
This Directive is addressed to the Member States.1972L0166 — EN — 01.01.1973 — 001.001 — 5