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 laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Directives 73/239/EEC and 88/357/EEC (Fourth Motor Insurance Directive) (14247/1/1999 – C5-0027/1999 — 1997/0264(COD))
Date: 1999-12-15
Institutions: European Parliament
Subjects: approximation of laws, insurance indemnity, insurance law, motor vehicle insurance, third-party insurance

18.10.2000

EN

Official Journal of the European Communities

C 296/101

Wednesday 15 December 1999

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 then
remain 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 laws
of the Member States relating to insurance against civil liability in respect of the use of motor
vehicles and amending Directives 73/239/EEC and 88/357/EEC (Fourth Motor Insurance Directive)
(14247/1/1999 0 C5-0027/1999 0 1997/0264(COD))

(Codecision procedure: second reading)

The European Parliament,

, having regard to the Council common position (14247/1/1999 , C5-0027/1999) (1),

, having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1997) 510) (3),

, having regard to the Commission’s amended proposal (COM(1999) 147) (4),

, having regard to Article 251(2) of the EC Treaty,

, having regard to Rule 80 of its Rules of Procedure,

, having regard to the recommendation for second reading of the Committee on Legal Affairs and the

Internal Market (A5-0086/1999),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COMMON POSITION
OF THE COUNCILl

AMENDMENTS
BY PARLIAMENT

(Amendment 1)
Recital 8

is in fact appropriate to supplement

(8) Whereas it
the
arrangements established by Directives 72/166/EEC, 84/5/EEC
and 90/232/EEC in order to guarantee injured parties suffering
loss 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 are
gaps with regard to the settlement of injured parties’ claims;

is in fact appropriate to supplement

(8) Whereas it
the
arrangements established by Directives 72/166/EEC, 84/5/EEC
and 90/232/EEC in order to guarantee injured parties suffering
loss 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 other
than that of the injured party’s residence, there are gaps with
regard 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.

C 296/102

Official Journal of the European Communities

EN

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Wednesday 15 December 1999

COMMON POSITION
OF THE COUNCILl

AMENDMENTS
BY PARLIAMENT

(Amendment 2)

Recital 10

(10) Whereas one satisfactory solution might be for injured
parties suffering loss or injury as a result of a motor vehicle
accident 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 the
insurance 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 vehicle
accident occurring in a State other than that of their residence
to be entitled to claim in their Member State of residence
against 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 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 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, and
the insurance undertaking before national
also to represent
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;

(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 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 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, and
the insurance undertaking before national
also to represent
authorities;

(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, other
insurance undertakings or social security bodies) should not be entitled
to present the corresponding claim to the compensation body;

Deleted

(Amendment 5)

Recital 27

Deleted

(27) Whereas the compensation body should have a right of subro-
gation in so far as it has compensated the injured party; whereas in
order to facilitate enforcing the compensation body’s claim against the
insurance 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 the
injured party on the part of the corresponding body in the State
where the insurance undertaking is established; whereas the latter
body is the best placed to institute proceedings for recourse against
the insurance undertaking;

18.10.2000

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Official Journal of the European Communities

C 296/103

COMMON POSITION
OF THE COUNCILl

Wednesday 15 December 1999

AMENDMENTS
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 injured
person 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 same
position as in the case of a claim against the guarantee fund under
Article 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 and
obligations 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 respect
of any loss or injury resulting from accidents occurring in a
Member 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 respect
of any loss or injury resulting from accidents occurring in a
State other than the State of residence of the injured party
which are caused by the use of vehicles insured and normally
based 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 the
insurance undertaking covering the responsible person against
civil 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 civil
liability.

(Amendment 10)

Article 4(1a) (new)

The choice of its claims representative shall be at

1a.
the discretion of the insurance undertaking.

The Member States may not restrict this choice.

(Amendment 11)

Article 4(1b) (new)

The claims representative may work for one or

1b.
more insurance undertakings.

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Official Journal of the European Communities

EN

18.10.2000

Wednesday 15 December 1999

COMMON POSITION
OF THE COUNCILl

AMENDMENTS
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 residence
of 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 of the accident to obtain
from the information centre of the Member State where he
resides or of the Member State where the vehicle is normally
based or where the accident occurred the following informa-
tion:

3.
The 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 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 to
the 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;
the compensation body in the Member State of the insur-
ance undertaking’s establishment which issued the policy;
if known, the person who caused the accident,

(b)

(c)

The compensation body shall immediately inform:
(a)

the insurance undertaking of the vehicle the use of which
caused the accident or the claims representative;
the compensation body in the Member State of the insur-
ance undertaking’s establishment which issued the policy;
if known, the person who caused the accident,

(b)

(c)

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.

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 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 com-
pensation conditional on the injured party’s establishing in any way
that the person liable is unable or refuses to pay.

Deleted

18.10.2000

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Official Journal of the European Communities

C 296/105

COMMON POSITION
OF THE COUNCILl

Wednesday 15 December 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 17)

Article 6(3), 1st subparagraph

Deleted

This Article shall take effect:

3.
8 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 reimburse-
ment;

8 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.

(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 … (***).

(*) 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.

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.

(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 injured
party 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 0 C5-0034/1999 0 1998/0228(COD))

(Codecision procedure: second reading)

The European Parliament,

, having regard to the Council common position (5748/3/1999 , C5-0034/1999) (1),

, 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.