2003/20/EC: Commission Decision of 27 December 2002 on the application of Article 6 of the Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 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 Council Directives 73/239/EEC and 88/357/EEC (Text with EEA relevance) (notified under document number C(2002) 5304)
Date: 2002-12-27
Institutions: European Commission
Subjects: application of EU law, approximation of laws, civil liability, indemnification, motor vehicle insurance, transport accident

14.1.2003

EN

Official Journal of the European Communities

L 8/35

COMMISSION

COMMISSION DECISION

of 27 December 2002

on the application of Article 6 of the Directive 2000/26/EC of the European Parliament and of the
Council of 16 May 2000 on the approximation of the laws of the Member States relating to insur-
ance against civil liability in respect of the use of motor vehicles and amending Council Directives
73/239/EEC and 88/357/EEC

(notified under document number C(2002) 5304)

(Text with EEA relevance)

(2003/20/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 2000/26/EC of the European Parlia-
ment and of the Council of 16 May 2000 on the approxima-
tion of the laws of the Member States relating to insurance
against civil liability in respect of the use of motor vehicles and
amending Council Directives 73/239/EEC and 88/357/EEC (1),
and in particular Article 6(3)(b) thereof,

Whereas:

(1)

(2)

The Directive 2000/26/EC (fourth motor
insurance
lays down special provisions applicable to
Directive)
injured parties resident in a Member State and entitled to
compensation in respect of any loss or injury resulting
from accidents occurring in a Member State other than
the Member State of residence of the injured party or in
insurer's bureaux have
third countries whose national
joined the green card system whenever such accidents
are caused by the use of vehicles insured and normally
based in a Member State.

According to Article 6(1) and Article 10(3) of the fourth
Directive, each Member State shall establish or approve
before 20 January 2002 a compensation body respon-
sible for providing compensation where the insurance
undertaking has failed to appoint a representative or is
manifestly dilatory in settling a claim. Furthermore, as
provided for in Article 7, the injured party is entitled to
apply for compensation from the compensation body in
the Member State where he resides if it is impossible to
identify the vehicle or if, within two months following
the accident,
it is impossible to identify the insurance
undertaking.

(1) OJ L 181, 20.7.2000, p. 65.

(4)

(5)

(6)

(7)

In accordance with the provisions of Article 6(2) of the
fourth Directive, the compensation body of a Member
State which has compensated an injured party residing
in that Member State shall be entitled to claim reimbur-
sement of the sum paid by way of compensation from
the compensation body in the Member State in which
the insurance undertaking which issued the policy of the
presumed liable party is established.

By virtue of Article 6(3)(a) of the fourth Directive, the
entry into force of Article 6 of the fourth Directive is
subject to the conclusion of an agreement between the
compensation bodies established or approved by the
Member States defining their functions and obligations
and the procedures for reimbursement.

responsible

All the Member States have designated the compensation
bodies
for providing compensation to
injured parties in the cases referred to in Article 1 of the
fourth motor insurance Directive, as provided for by its
Article 6. An agreement between these compensation
bodies according to this provision was concluded on 29
April 2002 in Brussels and notified to the European
Commission by letter dated 19 July 2002 within the
deadline established by Article 10(3) of the same Direc-
tive.

Article 6(3)(b) calls on the Commission to fix the date
from which Article 6 of the fourth Directive shall take
effect, and the Commission has already ascertained, after
consulting the Insurance Committee, the conclusion of
this agreement.

In accordance with Article 10(1) of the fourth motor
insurance Directive, Member States shall apply the laws,
regulations and administrative provisions necessary to
comply with it before 20 January 2003,

L 8/36

EN

Official Journal of the European Communities

14.1.2003

HAS ADOPTED THIS DECISION:

Article 3

Article 1

This Decision is addressed to the Member States.

As from 20 January 2003, Article 6 of Directive 2000/26/EC
shall take effect.

Done at Brussels, 27 December 2002.

Article 2

Member States shall inform the Commission of measures taken
to apply this Decision.

For the Commission

Frederik BOLKESTEIN

Member of the Commission