2004/332/EC: Commission Decision of 2 April 2004 on the application of Council Directive 72/166/EEC with regard to checks on insurance against civil liability in respect of the use of motor vehicles (Text with EEA relevance) (notified under document number C(2004) 1235)
Date: 2004-04-02
Institutions: European Commission
Subjects: approximation of laws, insurance company, motor vehicle insurance, right of establishment, third-party insurance

14.4.2004

EN

Official Journal of the European Union

L 105/39

COMMISSION DECISION

of 2 April 2004

on the application of Council Directive 72/166/EEC with regard to checks on insurance against
civil liability in respect of the use of motor vehicles

(notified under document number C(2004) 1235)

(Text with EEA relevance)

(2004/332/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 72/166/EEC 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 (1), and in particular Article 7(3)
thereof,

Whereas:

(1)

(2)

(3)

The relationships between the national insurers' bureaux
the Member States, and
(hereinafter the bureaux) of
the Czech Republic,
those of
Hungary, Iceland, Norway, Slovakia, Slovenia and Swit-
zerland are governed by the Multilateral Agreement of
30 May 2002 (hereinafter the Agreement).

the Croatia, Cyprus,

The Agreement was attached to Commission Decision
2003/564/EC of 28 July 2003 on the application of
Council Directive 72/166/EEC relating to checks on
insurance against civil liability in respect of the use of
motor vehicles (2) which required each Member State to
refrain from making checks on insurance against civil
liability in respect of vehicles which are normally based
in another Member State or in the territories of Croatia,
Cyprus, Czech Republic, Hungary,
Iceland, Norway,
Slovakia, Slovenia and Switzerland and which are subject
to the Agreement.

On 1 November 2003 the bureaux of the Member States
and those of Croatia, Cyprus, Czech Republic, Estonia,
Iceland, Latvia, Lithuania, Malta, Norway,
Hungary,
Poland, Slovakia, Slovenia
signed
Addendum No 1 to the Agreement by which the Agree-
ment was extended in order to include the bureaux of
and Poland. The
Estonia, Latvia, Lithuania, Malta

and Switzerland,

Addendum provides for the practical arrangements to
abolish insurance checks in respect of vehicles normally
based in the territories of those latter countries.

(4)

Therefore all the conditions for the removal of checks
on motor insurance against third-party civil liability in
accordance with Directive 72/166/EEC between the
Member States and Estonia, Latvia, Lithuania, Malta and
Poland are fulfilled,

HAS ADOPTED THIS DECISION:

Article 1

As from 30 April 2004, Member States shall refrain from
making checks on insurance against civil liability in respect of
vehicles which are normally based in the territory of Estonia,
Latvia, Lithuania, Malta and Poland which are subject
to
Addendum No 1 of 1 November 2003 to the Multilateral
Agreement between the national
the
the European Economic Area and other
Member States of
associate States.

insurers' bureaux of

Article 2

Member States shall
measures taken to apply this Decision.

forthwith inform the Commission of

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 2 April 2004.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 103, 2.5.1972, p. 1. Directive as last amended by Directive

84/5/EEC (OJ L 8, 11.1.1984, p. 17).

(2) OJ L 192, 31.7.2003, p. 23.