COMMISSION RECOMMENDATION of 15 May 1973 relating to the implementation by the original Member States of the Council Directive of 24 April 1972 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and to the enforcement of the obligation to insure against such liability (73/185/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and id particular Article 155 thereof;

Whereas by virtue of the Council Directive 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 (1), as amended by the Council Directive of 19 December 1972 (2), the Member States must not later than 31 December 1973 bring into force the measures necessary to comply with that Directive ; whereas, however, the original Member States have declared that as regards vehicles normally based in their territory they would bring into force the appropriate measures within six months of notification of the Directive.

Whereas the original Member States have taken or are about to take the measures necessary to comply with the Directive, at least those which are required for the abolition by each of the Member States of checks on insurance against civil liability in respect of the use of vehicles normally based in the European territory of another original Member State;

Whereas the six national insurers' bureaux of the original Member States concluded an agreement on 16 October 1972 in accordance with the principles of the first indent of Article 2 (2) of the Directive as ascertained by the Commission in close cooperation with the original Member States ; whereas this agreement, which has been concluded for an undeterminate period, can be annulled if 12 months' notice is given;

Whereas, therefore, all the conditions have been, or are about to be, fulfilled enabling checks on insurance against civil liability to be abolished in relations between the original Member States ; whereas abolition of such checks may take effect before the abolition of checks which is required by the Directive for all Member States and the date of which is to be decided by the Commission subsequently;

MAKES THE FOLLOWING RECOMMENDATION:

Article 1

From 1 July 1973 each original Member State shall refrain from making checks on insurance against civil liability in respect of the use of vehicles which are normally based in the European territory of another original Member State and have not been the subject of notification under Article 4 (b) of the Council Directive of 24 April 1972.

Article 2

This Recommendation is addressed to the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands.

Done at Brussels, 15 May 1973.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No L 103, 2.5.1972, p. 1. (2)OJ No L 291, 28.12.1972, p. 162, correction in OJ No L 75, 23.3.1973, p. 30.