1. Adopts unamended its supplementary estimates;
2. Stresses, however, that in the event that the final decision of the Court of First Instance in Case
T-222/99 cancels the Court’s decision of 25 November 1999 the posts will become vacant, and thenremain so, and the upgrading will be cancelled;
3. Instructs its President to forward the supplementary estimates to the Commission and the Council.
15. Civil liability in respect of the use of motor vehicles ***II
A5-0086/1999
European Parliament legislative resolution on the common position adopted by the Council with a
view to adopting a European Parliament and Council directive on the approximation of the lawsof the Member States relating to insurance against civil liability in respect of the use of motorvehicles and amending Directives 73/239/EEC and 88/357/EEC (Fourth Motor Insurance Directive)
(14247/1/1999 4dash C5-0027/1999 4dash 1997/0264(COD))
(Codecision procedure: second reading)
The European Parliament,
0dash having regard to the Council common position (14247/1/1999 0dash C5-0027/1999) (
1),
0dash having regard to its position at first reading (2) on the Commission proposal to Parliament and the
Council (COM(1997) 510) (3),
0dash having regard to the Commission’s amended proposal (COM(1999) 147) (4),
0dash having regard to Article 251(2) of the EC Treaty,
0dash having regard to Rule 80 of its Rules of Procedure,
0dash having regard to the recommendation for second reading of the Committee on Legal Affairs and the
Internal Market (A5-0086/1999),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
COMMON POSITION
OF THE COUNCILlAMENDMENTS
BY PARLIAMENT
(Amendment 1)
Recital 8
(8) Whereas it is in fact appropriate to supplement the
arrangements established by Directives 72/166/EEC, 84/5/EECand 90/232/EEC in order to guarantee injured parties sufferingloss or injury as a result of a motor vehicle accident compar-able treatment irrespective of where in the Community acci-dents occur; whereas, for accidents occurring in a Member
State other than that of the injured party’s residence, there aregaps with regard to the settlement of injured parties’ claims;(8) Whereas it is in fact appropriate to supplement the
arrangements established by Directives 72/166/EEC, 84/5/EECand 90/232/EEC in order to guarantee injured parties sufferingloss or injury as a result of a motor vehicle accident compar-able treatment irrespective of where in the Community acci-dents occur; whereas, for accidents occurring in a State otherthan that of the injured party’s residence, there are gaps withregard to the settlement of injured parties’ claims;
(1) OJ C 232, 13.8.1999, p. 8.
(2) OJ C 292, 21.9.1998, p. 123.
(3) OJ C 343, 13.11.1997, p. 11.
(4) OJ C 171, 18.6.1999, p. 4.18.10.2000 EN C 296/101 Official Journal of the European Communities
Wednesday 15 December 1999
(Amendment 2)
Recital 10
(10) Whereas one satisfactory solution might be for injured
parties suffering loss or injury as a result of a motor vehicleaccident occurring in a Member State other than that of their
residence to be entitled to claim in their Member State of resi-dence against a claims representative appointed there by theinsurance undertaking of the responsible party;(10) Whereas one satisfactory solution might be for injured
parties suffering loss or injury as a result of a motor vehicleaccident occurring in a State other than that of their residenceto be entitled to claim in their Member State of residenceagainst a claims representative appointed there by the insur-ance undertaking of the responsible party;
(Amendment 3)
Recital 14
(14) Whereas, in order to fill the gaps in question, it should
be provided that the Member State where the insurance under-
taking is authorised should require the undertaking to appoint
claims representatives resident or established in the other Mem-ber States to collect all necessary information in relation toclaims resulting from such accidents and to take appropriateaction to settle the claims on behalf and for the account ofthe insurance undertaking, including the payment of compen-sation therefor; whereas claims representatives should have suf-ficient powers to represent the insurance undertaking in rela-tion to persons suffering damage from such accidents, andalso to represent the insurance undertaking before nationalauthorities including, where necessary, before the courts, in so far as
this is compatible with the rules of private international law on theconferral of jurisdiction ;(14) Whereas, in order to fill the gaps in question, it should
be provided that the Member State where the insurance under-
taking is authorised should require the undertaking to appoint
claims representatives resident or established in the other Mem-ber States to collect all necessary information in relation toclaims resulting from such accidents and to take appropriateaction to settle the claims on behalf and for the account ofthe insurance undertaking, including the payment of compen-sation therefor; whereas claims representatives should have suf-ficient powers to represent the insurance undertaking in rela-tion to persons suffering damage from such accidents, andalso to represent the insurance undertaking before nationalauthorities;
(Amendment 4)
Recital 26
(26) Whereas legal persons who are subrogated by law to the
injured party in his claims against the person responsible for the acci-dent or the latter’s insurance undertaking (such as, for example, otherinsurance undertakings or social security bodies) should not be entitledto present the corresponding claim to the compensation body;Deleted
(Amendment 5)
Recital 27
(27) Whereas the compensation body should have a right of subro-
gation in so far as it has compensated the injured party; whereas inorder to facilitate enforcing the compensation body’s claim against theinsurance undertaking where it has failed to appoint a claims repre-sentative or is manifestly dilatory in settling a claim, the body provid-ing compensation in the injured party’s State should enjoy an auto-matic right of reimbursement with subrogation to the rights of theinjured party on the part of the corresponding body in the Statewhere the insurance undertaking is established; whereas the latterbody is the best placed to institute proceedings for recourse againstthe insurance undertaking;DeletedC 296/102 EN 18.10.2000 Official Journal of the European Communities
Wednesday 15 December 1999
COMMON POSITION
OF THE COUNCILlAMENDMENTS
BY PARLIAMENT
(Amendment 6)
Recital 28
(28) Whereas, even though Member States may provide that the
claim against the compensation body may be subsidiary, the injuredperson may not be obliged to present his claim to the person respon-sible for the accident before presenting it to the compensation body;whereas in this case the injured party should be in at least the sameposition as in the case of a claim against the guarantee fund underArticle 1(4) of Directive 84/5/EEC;Deleted
(Amendment 7)
Recital 29
(29) Whereas the functioning of this system can be effected by
means of an agreement between the compensation bodies established
or approved by the Member States relating to their functions andobligations and the procedures for reimbursement;Deleted
(Amendment 8)
Article 1, 1st paragraph
The objective of this Directive is to lay down special provisions
applicable to injured parties entitled to compensation in respectof any loss or injury resulting from accidents occurring in aMember State other than the State of residence of the injured
party which are caused by the use of vehicles insured and nor-mally based in a Member State.The objective of this Directive is to lay down special provisions
applicable to injured parties entitled to compensation in respectof any loss or injury resulting from accidents occurring in aState other than the State of residence of the injured partywhich are caused by the use of vehicles insured and normallybased in a Member State.
(Amendment 9)
Article 3
Each Member State shall ensure that injured parties in accidents
occurring in a Member State other than the State of residence of
the injured party enjoy a direct right of action against theinsurance undertaking covering the responsible person againstcivil liability.Each Member State shall ensure that injured parties in accidents
occurring in a State other than the State of residence of the
injured party enjoy a direct right of action against the insur-ance undertaking covering the responsible person against civilliability.
(Amendment 10)
Article 4(1a) (new)
1a. The choice of its claims representative shall be at
the discretion of the insurance undertaking.
The Member States may not restrict this choice.
(Amendment 11)
Article 4(1b) (new)
1b. The claims representative may work for one or
more insurance undertakings.18.10.2000 EN C 296/103 Official Journal of the European Communities
Wednesday 15 December 1999
COMMON POSITION
OF THE COUNCILlAMENDMENTS
BY PARLIAMENT
(Amendment 12)
Article 4(3)
3. Claims representatives shall possess sufficient powers and
linguistic ability to represent the insurance undertaking in rela-
tion to injured parties in the cases referred to in Article 1 and
to meet their claims in full.3. Claims representatives shall possess sufficient powers to
represent the insurance undertaking in relation to injured par-ties in the cases referred to in Article 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 residenceof the injured party.
(Amendment 13)
Article 5(3), introduction
3. The Member States shall ensure that the injured party is
entitled within a period of seven years ofthe accident to obtain
from the information centre of the Member State where heresides or of the Member State where the vehicle is normallybased or where the accident occurred the following informa-tion:3. The Member States shall ensure that the injured party is
entitledfora period of seven years after the accident to obtain
without delay from the information centre of the Member
State where he resides or of the Member State where the vehi-cle is normally based or where the accident occurred the fol-lowing information:
(Amendment 14)
Article 6(1), 4th subparagraph
The compensation body shall take action within two months of
the date when the injured party presents a claim for compensa-tion to it but shall terminate its action if the insurance undertaking,
or its claims representative, subsequently makes a reasoned reply tothe claim .The compensation body shall take action within two months of
the date when the injured party presents a claim for compensa-tion to it.
(Amendment 15)
Article 6(1), 5th subparagraph
The compensation body shall immediately inform:
(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 of the insur-
ance undertaking’s establishment which issued the policy;
(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 ofthat 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;
(b) the compensation body in the Member State of the insur-
ance undertaking’s establishment which issued the policy;
(c) if known, the person who caused the accident,
that it has received a claim from the injured party.
(Amendment 16)
Article 6(1), 6th subparagraph
This provision shall be without prejudice to the right of the Member
States to regard compensation by that body as subsidiary or non-sub-sidiary and the right to make provision for the settlement of claimsbetween that body and the person or persons who caused the accidentand other insurance undertakings or social security bodies required tocompensate the injured party in respect of the same accident. However,Member States may not allow the body to make the payment of com-pensation conditional on the injured party’s establishing in any waythat the person liable is unable or refuses to pay.DeletedC 296/104 EN 18.10.2000 Official Journal of the European Communities
Wednesday 15 December 1999
COMMON POSITION
OF THE COUNCILlAMENDMENTS
BY PARLIAMENT
(Amendment 17)
Article 6(3), 1st subparagraph
3. This Article shall take effect:
/dash after an agreement has been concluded between the compensation
bodies established or approved by the Member States relating totheir functions and obligations and the procedures for reimburse-ment;
/dash from the date fixed by the Commission upon its having ascer-
tained in close cooperation with the Member States that such
an agreement has been concluded,
and shall apply for the whole duration of that agreement.Deleted
(Amendment 18)
Article 10(3)
3. Without prejudice to paragraph 1 the Member States
shall establish or approve the compensation body in accor-dance with Article 6(1) before … (
*).If the compensation bodies
have not concluded an agreement in accordance with Article 6(3)before … (
**), the Commission shall propose measures designed to
ensure that the provisions of Articles 6 and 7 take effect before … (***).3. Without prejudice to paragraph 1 the Member States
shall establish or approve the compensation body in accor-dance with Article 6(1) before … (
*).
(*) 18 months from the date of entry into force of this Directive.
(**) 24 months from the date of entry into force of this Directive.
(***) 30 months from the date of entry into force of this Directive.(*) 18 months from the date of entry into force of this Directive.
(Amendment 19)
Article 10(4)
4. Member States may, in accordance with the Treaty, maintain or
bring into force provisions which are more favourable to the injuredparty than the provisions necessary to comply with this Directive.Deleted
16. Substances that deplete the ozone layer ***II
A5-0077/1999
European Parliament legislative resolution on the common position adopted by the Council with a
view to the adoption of a European Parliament and Council regulation on substances that deplete
the ozone layer (5748/3/1999 4dash C5-0034/1999 4dash 1998/0228(COD))
(Codecision procedure: second reading)
The European Parliament,
0dash having regard to the Council common position (5748/3/1999 0dash C5-0034/1999) (1),
0dash having regard to its position at first reading (2) on the Commission proposal to Parliament and the
Council (COM(1998) 398) (3),
(1) OJ C 123, 4.5.1999, p. 28.
(2) OJ C 98, 9.4.1999, p. 260.
(3) OJ C 286, 15.9.1998, p. 6.18.10.2000 EN C 296/105 Official Journal of the European Communities
Wednesday 15 December 1999
COMMON POSITION
OF THE COUNCILlAMENDMENTS
BY PARLIAMENT