European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (16182/2/2003 — C6-0112/2004 — 2002/0124(COD))
Date: 2005-01-12
Institutions: European Parliament
Subjects: insurance company, insurance law, motor vehicle, motor vehicle insurance, third-party insurance

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P6_TA(2005)0003

TEXTS ADOPTED

Civil liability in respect of the use of motor vehicles ***II

European Parliament legislative resolution on the Council common position for adopting a directive
of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC,
88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Coun-
cil relating to insurance against civil liability in respect of the use of motor vehicles (16182/2/2003
— C6-0112/2004 — 2002/0124(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (16182/2/2003 — C6-0112/2004),

— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2002)0244) (2),

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

— having regard to Rule 62 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on the Internal Market and

Consumer Protection (A6-0073/2004),

1.

2.

Approves the common position as amended;

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

(1) OJ C 82 E, 1.4.2004, p. 297.
(2) OJ C 227 E, 24.9.2002, p. 387.

P6_TC2-COD(2002)0124

Position of the European Parliament adopted at second reading on 12 January 2005 with a view to
the adoption of European Parliament and Council Directive 2005/…/EC amending Council Direc-
tives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European
Parliament and of the Council relating to insurance against civil liability in respect of the use of
motor vehicles

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first and third
sentences of Article 47(2), Article 55 and Article 95(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Economic and Social Committee (2),

(1) OJ C 227 E, 24.9.2002, p. 387.
(2) OJ C 95, 23.4.2003, p. 45.

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Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Wednesday 12 January 2005

Whereas:

(1)

Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special
importance for European citizens, whether they are policyholders or victims of an accident. It is also a
major concern for insurance undertakings as it constitutes an important part of non-life insurance
business in the Community. Motor insurance also has an impact on the free movement of persons
and vehicles. It should therefore be a key objective of Community action in the field of financial
services to reinforce and consolidate the single insurance market in motor insurance.

(2) Very significant advances in this direction have already been achieved by Council Directive 72/166/EEC
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 (2), by Second Council Directive 84/5/EEC of 30 December 1983 on the approxi-
mation of the laws of the Member States relating to insurance against civil liability in respect of the
use of motor vehicles (3), by Third Council Directive 90/232/EEC of 14 May 1990 on the approxi-
mation of the laws of the Member States relating to insurance against civil liability in respect of the
use of motor vehicles (4) and by 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 (Fourth motor insurance Directive) (5).

(3)

The Community system of motor insurance needs to be updated and improved. This need has been
confirmed by the consultation conducted with industry, consumers and victims' associations.

(4)

(5)

(6)

In order to exclude any possible misinterpretation of the provisions of Directive 72/166/EEC and to
make it easier to obtain insurance cover for vehicles bearing temporary plates, the definition of the
territory in which the vehicle is normally based should refer to the territory of the State of which the
vehicle bears a registration plate, irrespective of whether such a plate is permanent or temporary.

In accordance with Directive 72/166/EEC, vehicles bearing false or illegal plates are considered to be
normally based in the territory of the Member State that issued the original plates. This rule often
means that national insurers' bureaux are obliged to deal with the economic consequences of accidents
which do not have any connection with the Member State where they are established. Without altering
the general criterion of the registration plate to determine the territory in which a vehicle is normally
based, a special rule should be laid down for accidents caused by vehicles without a registration plate or
bearing a registration plate which does not correspond or no longer corresponds to the vehicle. In
such cases, and for the sole purpose of settling the claim, the territory in which the vehicle is normally
based should be deemed to be the territory in which the accident took place.

In order to facilitate the interpretation and application of the term ‘random checks’ in Directive 72/
166/EEC, the relevant provision should be clarified. The prohibition of systematic checks on motor
insurance should apply to vehicles normally based in the territory of another Member State as well as
to vehicles normally based in the territory of a third country but entering from the territory of another
Member State. Only non-systematic checks which are not discriminatory and are carried out as part of
a control not aimed exclusively at insurance verification should be permitted.

(1) Position of the European Parliament of 22 October 2003 (OJ C 82 E, 1.4.2004, p. 297), Council Common Position of
26 April 2004 (not yet published in the Official Journal) and Position of the European Parliament of 12 January
2005.

(2) 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).
(3) OJ L 8, 11.1.1984, p. 17. Directive as last amended by Directive 90/232/EEC (OJ L 129, 19.5.1990, p. 33).
(4) OJ L 129, 19.5.1990, p. 33.
(5) OJ L 181, 20.7.2000, p. 65.

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(7) Article 4(a) of Directive 72/166/EEC permits a Member State to act in derogation of the general obli-
gation to take out compulsory insurance in respect of vehicles belonging to certain public or private
legalor natural persons. For accidents caused by such vehicles, the Member State so derogating must
designate an authority or body to compensate the victims of accidents caused in another Member
State. In order to ensure that due compensation is paid not only tovictims of accidents caused by such
vehicles abroad but also to victims of accidents occurring in the Member State in which the vehicle is
normally based, whether or not they are resident in its territory, the aforementioned Article should be
amended. Furthermore, Member States should ensure that the list of persons exempt from compulsory
insurance and the authorities or bodies responsible for compensation of victims of accidents caused by
such vehicles is communicated to the Commission for publication.

(8) Article 4(b) of Directive 72/166/EEC permits a Member State to act in derogation of the general obli-
gation to take out compulsory insurance in respect of certain types of vehicles or certain vehicles
having a special plate. In that case, the other Member States are allowed to require, at the entry to
their territory, a valid green card or a frontier insurance contract, in order to ensure the provision of
compensation to victims of any accident caused by those vehicles in their territories. However, since the
elimination of border controls within the Community means that it is no longer possible to ensure that
vehicles crossing frontiers are covered by insurance, compensation for victims of accidents caused abroad
can no longer be guaranteed. Furthermore,
it should also be ensured that due compensation is
awarded not only to victims of accidents caused by those vehicles abroad, but also to victims of accidents
caused in the Member State in which the vehicle is normally based. For this purpose, Member States
should treat the victims of accidents caused by those vehicles in the same way as victims of accidents
caused by non-insured vehicles. Indeed, as provided for in Directive 84/5/EEC, compensation to vic-
tims of accidents caused by uninsured vehicles should be paid by the compensation body of the
Member State in which the accident took place. Where payments are made to victims of accidents caused
by vehicles subject to the derogation, the compensation body should have a claim against the body of
the Member State in which the vehicle is normally based. After a period of five years from the date of
entry into force of this Directive, the Commission should, if appropriate, in view of the experience on
the implementation and application of this derogation, submit proposals for its replacement or repeal.
The corresponding provision in Directive 2000/26/EC should also be deleted.

(9)

In order to clarify the scope of application of the motor insurance directives in accordance with
Article 299 of the Treaty, the reference to the non-European territory of the Member States in Arti-
cles 6 and 7(1) of Directive 72/166/EEC should be deleted.

(10) Member States' obligations to guarantee insurance cover at least in respect of certain minimum
amounts constitute an important element in ensuring the protection of victims. The minimum amounts
provided for in Directive 84/5/EEC should not only be updated to take account of inflation but also
increased in real terms, to improve the protection of victims. The minimum amount of cover for
personal injury should be calculated so as to compensate fully and fairly all victims who have
suffered very serious injuries, whilst taking into account the low frequency of accidents involving
several victims and the small number of accidents in which several victims suffer very serious
injuries in the course of one and the same event. A minimum amount of cover of EUR 1 000 000
per victim or EUR 5 000 000 per claim, regardless of the number of victims, is a reasonable and
adequate amount. With a view to facilitating the introduction of these minimum amounts, a transi-
tional period of five years from the date of implementation of this Directive should be established.
Member States should increase the cover to at least a half of those amounts within thirty months of
the date of implementation.

(11)

In order to ensure that the minimum amount of cover is not eroded over time, a periodic review
clause should be introduced using as a benchmark the European Index of Consumer Prices (EICP)
published by Eurostat, as provided for in Council Regulation (EC) No 2494/95 of 23 October 1995
concerning harmonised indices of consumer prices (1). The procedural rules governing such a review
need to be established.

(1) OJ L 257, 27.10.1995, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament

and of the Council (OJ L 284, 31.10.2003, p. 1).

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(12) Directive 84/5/EEC which allows Member States, in the interest of preventing fraud, to limit or exclude
payments by the compensation body in the case of damage to property by an unidentified vehicle,
may impede legitimate compensation of victims in some cases. The option of
limiting or excluding
compensation on the basis that the vehicle is not identified should not apply where the body has
paid compensation for significant personal injuries to any victim in respect of the accident in which the
damage to property was caused. Member States may provide for an excess up to the limit set out in
the said Directive for which the victim of the damage to property may be responsible. The conditions
in which personal injuries are to be considered significant should be determined by the national laws or
administrative provisions of the Member State where the accident takes place. In establishing these
conditions, the Member State may take into account, inter alia, whether the injury has required hos-
pital care.

(13) At present, an option contained in Directive 84/5/EEC allows Member States to authorise, up to a
specified ceiling, excesses for which the victim would be responsible in the event of damage to prop-
erty caused by uninsured vehicles. That option unjustly reduces the protection of victims and creates
discrimination with respect to victims of other accidents. It should therefore no longer be permitted.

(14) Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and
administrative provisions relating to direct insurance other than life assurance and laying down provi-
sions to facilitate the effective exercise of freedom to provide services (1), should be amended in order
to permit branches of insurance undertakings to become representatives with respect to motor insur-
ance activities, as already happens with respect to insurance services other than motor insurance.

(15) The inclusion within the insurance cover of any passenger in the vehicle is a major achievement of the
existing legislation. This would be jeopardised if national legislation or any contractual clause contained
in an insurance contract excluded passengers from insurance cover because they knew or should have
known that the driver of the vehicle was under the influence of alcohol or of any other intoxicating
agent at the time of the accident. The passenger is not usually in a position to assess properly the
intoxication level of the driver. The objective of discouraging persons from driving whilst under the
influence of intoxicating agents is not achieved by reducing the insurance cover for passengers who
are victims of motor vehicle accidents. Cover of such passengers under the vehicle's compulsory motor
insurance does not prejudge any liability they might incur pursuant to the applicable national legis-
lation, nor the level of any award of damages in a specific accident.

(16) Personal injuries and damage to property suffered by pedestrians, cyclists and other non-motorised
users of the road, who are usually the weakest party in an accident, should be covered by the com-
pulsory insurance of the vehicle involved in the accident where such persons are entitled to compen-
sation under national private law. This provision does not prejudge the civil liability or the level of
awards for damages in a specific accident, under national legislation.

(17) Some insurance undertakings insert into insurance policies clauses to the effect that the contract will
be cancelled if the vehicle remains outside the Member State of registration for longer than a specified
period. This practice is in conflict with the principle set out in Directive 90/232/EEC, according to
which the compulsory motor insurance should cover, on the basis of a single premium, the entire
territory of the Community. It should therefore be specified that the insurance cover is to remain
valid during the whole term of the contract, irrespective of whether the vehicle remains in another
Member State for a particular period, without prejudice to the obligations under Member States'
national legislation with respect to the registration of vehicles.

(18) Steps should be taken to make it easier to obtain insurance cover for vehicles imported from one
Member State into another, even though the vehicle is not yet registered in the Member State of
destination. A temporary derogation from the general rule determining the Member State where the
risk is situated should be made available. For a period of thirty days from the date when the vehicle is
delivered, made available or dispatched to the purchaser, the Member State of destination should be
considered to be the Member State where the risk is situated.

(1) OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive 2000/26/EC.

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(19) Any person wishing to take out a new motor insurance contract with another insurer should be in a
position to justify his accident and claims record under the old contract. Policyholders should have the
right to request at any time a statement concerning the claims, or the absence of claims, involving
the vehicle or vehicles covered by the insurance contract at least during the preceding five years of the
contractual relationship. The insurance undertaking, or any body which may have been appointed by a
Member State to provide compulsory insurance or to supply such statements, should provide this
statement to the policyholder within fifteen days of the request.

(20)

In order to ensure due protection of victims of motor vehicle accidents, Member States should not
permit insurance undertakings to rely on excesses against an injured party.

(21) The right to invoke the insurance contract and to claim against the insurance undertaking directly is of
great importance for the protection of victims of motor vehicle accidents. Directive 2000/26/EC already
provides victims of accidents occurring in a Member State other than the Member State of residence of
the injured party, which are caused by the use of vehicles insured and normally based in a Member
State, with a right of direct action against the insurance undertaking covering the person responsible
against civil liability. In order to facilitate an efficient and speedy settlement of claims and to avoid as
far as possible costly legal proceedings, this right should be extended to victims of any motor vehicle
accident.

(22) To enhance the protection of victims of motor vehicle accidents, the ‘reasoned offer’ procedure provided
for in Directive 2000/26/EC should be extended to all motor vehicle accidents. This same procedure
should also apply mutatis mutandis where the accident is settled by the system of national insurers'
bureaux provided for in Directive 72/166/EEC.

(23)

In order to make it easier for the injured party to seek compensation, the information centres set up
in accordance with Directive 2000/26/EC should not be confined to providing information concerning
the accidents covered by that Directive, but should be able to provide the same kind of information
for any motor vehicle accident.

(24) Under Article 11(2) read in conjunction with Article 9(1)(b) of Council Regulation (EC) No 44/
2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters (1), injured parties may bring legal proceedings against the civil liabil-
ity insurance provider in the Member State in which they are domiciled.

(25) As Directive 2000/26/EC was adopted before the adoption of Regulation (EC) No 44/2001 which-
replaced the Brussels Convention of 27 September 1968 on the same matter for a number of Member
States, the reference to such Convention in that Directive should be adapted as appropriate.

(26) Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and 2000/26/EC should therefore be

amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 72/166/EEC

Directive 72/166/EEC shall be amended as follows:

1)

In Article 1, point 4 shall be amended as follows:

(a)

the first indent shall be replaced by the following:

‘— the territory of the State of which the vehicle bears a registration plate, irrespective of whether the

plate is permanent or temporary; or’

(1) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by the 2003 Act of Accession.

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(b)

the following indent shall be added:

‘— in cases where the vehicle does not bear any registration plate or bears a registration plate which
does not correspond or no longer corresponds to the vehicle and has been involved in an accident,
the territory of the State in which the accident took place, for the purpose of settling the claim as
provided for in the first indent of Article 2(2) of this Directive or in Article 1(4) of Second Council
Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States
relating to insurance against civil liability in respect of the use of motor vehicles (*);

_____
(*) OJ L 8, 11.1.1984, p. 17.’

2)

In Article 2, paragraph 1 shall be replaced by the following:

‘1. Member States shall refrain from making checks on insurance against civil liability in respect of
vehicles normally based in the territory of another Member State and in respect of vehicles normally
based in the territory of a third country entering their territory from the territory of another Member
State. However, they may carry out non-systematic checks on insurance provided that they are not
discriminatory and are carried out as part of a control which is not aimed exclusively at insurance
verification.’

3)

(a)

Article 4 shall be amended as follows:

in point (a), second subparagraph:

(i)

the first sentence shall be replaced by the following:

‘A Member State so derogating shall take the appropriate measures to ensure that compensation is paid
in respect of any loss or injury caused in its territory and in the territory of other Member States by
vehicles belonging to such persons.’

(ii)

the last sentence shall be replaced by the following:

‘It shall communicate to the Commission the list of persons exempt from compulsory insurance and
the authorities or bodies responsible for compensation. The Commission shall publish the list.’

(b)

in point (b), the second subparagraph shall be replaced by the following:

‘In that case Member States shall ensure that vehicles as mentioned in the first subparagraph of this
point are treated in the same way as vehicles for which the insurance obligation provided for in Arti-
cle 3(1) has not been satisfied. The compensation body of the Member State in which the accident has
taken place shall then have a claim against the guarantee fund provided for in Article 1(4) of Directive
84/5/EEC in the Member State where the vehicle is normally based.

After a period of five years from the date of entry into force of Directive 2005/…/EC/ (1) of the
European Parliament and of the Council of … amending Council Directives 72/166/EEC, 84/5/EEC,
88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council
relating to insurance against civil liability in respect of the use of motor vehicles (*), Member States shall
report to the Commission on the implementation and practical application of this point. The Commis-
sion, after having examined those reports, shall, if appropriate, submit proposals on the replacement or
repeal of this derogation.
_____
(*) OJ L …’

4)

in Articles 6 and 7(1) the words ‘or in the non-European territory of a Member State’ shall be deleted.

Article 2

Amendments to Directive 84/5/EEC

Article 1 of Directive 84/5/EEC shall be replaced by the following:

‘Article 1

The insurance referred to in Article 3(1) of Directive 72/166/EEC shall cover compulsorily both

1.
damage to property and personal injuries.

(1)

Insert the number of this Directive.

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2. Without prejudice to any higher guarantees which Member States may lay down, each Member
State shall require insurance to be compulsory at least in respect of the following amounts:

(a)

in the case of personal
EUR 5 000 000 per claim, whatever the number of victims;

injury, a minimum amount of cover of EUR 1 000 000 per victim or

(b)

in the case of damage to property, EUR 1 000 000 per claim, whatever the number of victims.

If necessary, Member States may establish a transitional period of up tofive years from the date of
implementation of Directive 2005/…/EC (1) of the European Parliament and of the Council of …
amending Council Directives 72/166/EC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/
26/EC of the European Parliament and of the Council relating to insurance against civil liability in
respect of the use of motor vehicles (*) within which to adapt their minimum amounts of cover to
the amounts provided for in this paragraph.

Member States establishing such a transitional period shall inform the Commission thereof and
indicate the duration of the transitional period.

Within 30 months of the date of implementation of Directive 2005/…/EC (1) Member States shall increase
guarantees to at least a half of the levels provided for in this paragraph.

Every five years after the entry into force of Directive 2005/…/EC (*) or the end of any tran-
3.
sitional period as referred to in paragraph 2, the amounts referred to in that paragraph shall be
reviewed, in line with the European Index of Consumer Prices (EICP), as set out in Council Regulation
(EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (**).

The amounts shall be adjusted automatically. Such amounts shall be increased by the percentage change
indicated by the EICP for the relevant period, that is to say, the five years immediately preceding the
review, and rounded up to a multiple of EUR 10 000.

The Commission shall communicate the adjusted amounts to the European Parliament and the Council
and shall ensure their publication in the Official Journal of the European Union.

4.
Each Member State shall set up or authorise a body with the task of providing compensation, at
least up to the limits of the insurance obligation for damage to property or personal injuries caused by
an unidentified vehicle or a vehicle for which the insurance obligation provided for in paragraph 1 has
not been satisfied.

The first subparagraph shall be without prejudice to the right of the Member States to regard compen-
sation by the body as subsidiary or non-subsidiary and the right to make provision for the settlement
of claims between the body and the person or persons responsible for the accident and other insurers
or social security bodies required to compensate the victim in respect of the same accident. However,
Member States may not allow the body to make payment of compensation conditional on the victim
establishing in any way that the person liable is unable or refuses to pay.

5.
The victim may in any event apply directly to the body which, on the basis of information pro-
vided at its request by the victim, shall be obliged to give him a reasoned reply regarding the payment
of any compensation.

Member States may, however, exclude the payment of compensation by that body in respect of persons
who voluntarily entered the vehicle which caused the damage or injury when the body can prove that
they knew it was uninsured.

6. Member States may limit or exclude the payment of compensation by the body in the event of
damage to property by an unidentified vehicle.

(1)

Insert the number of this Directive.

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However, where the body has paid compensation for significant personal injuries to any victim of the
same accident in which damage to property was caused by an unidentified vehicle, Member States may
not exclude the payment of compensation for damage to property on the basis that the vehicle is not
identified. Nevertheless, Member States may provide for an excess of not more than EUR 500 for which
the victim of such damage to property may be responsible.

The conditions in which personal injuries are to be considered significant shall be determined in accord-
ance with the legislation or administrative provisions of the Member State in which the accident takes
place. In this regard, Member States may take into account, inter alia, whether the injury has required
hospital care.

7.
Each Member State shall apply its laws, regulations and administrative provisions to the payment
of compensation by the body, without prejudice to any other practice which is more favourable to the
victim.
_____
(*) OJ L …
(**) OJ L 257, 27.10.1995, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parlia-

ment and of the Council (OJ L 284, 31.10.2003, p. 1).’

Article 3

Amendments to Directive 88/357/EEC

The second sentence in the fourth subparagraph of Article 12a(4) of Directive 88/357/EEC shall be deleted.

Article 4

Amendments to Directive 90/232/EEC

Directive 90/232/EEC shall be amended as follows:

1)

In Article 1, the following paragraph shall be inserted between the first and second paragraphs:

‘Member States shall take the necessary measures to ensure that any statutory provision or any contrac-
tual clause contained in an insurance policy which excludes a passenger from such cover on the basis
that he knew or should have known that the driver of the vehicle was under the influence of alcohol or
of any other intoxicating agent at the time of an accident, shall be deemed to be void in respect of the
claims of such passenger.’

2)

the following Article shall be inserted:

‘Article 1a

The insurance referred to in Article 3(1) of Directive 72/166/EEC shall cover personal
injuries and
damage to property suffered by pedestrians, cyclists and other non-motorised users of the roads who,
as a consequence of an accident in which a motor vehicle is involved, are entitled to compensation in
accordance with national private law. This Article shall be without prejudice either to civil liability or to
the amount of damages;’

3)

in Article 2, the first indent shall be replaced by the following:

‘— cover, on the basis of a single premium and during the whole term of the contract, the entire
territory of the Community, including any period in which the vehicle remains in other Member
States during the term of the contract; and’

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4)

the following Articles shall be inserted:

‘Article 4a

By way of derogation from the second indent of Article 2(d) of Directive 88/357/EEC (*), where a
1.
vehicle is dispatched from one Member State to another, the Member State where the risk is situated
shall be considered to be the Member State of destination immediately upon acceptance of delivery by
the purchaser for a period of thirty days, even though the vehicle has not formally been registered in
the Member State of destination.

In the event that the vehicle is involved in an accident during the period mentioned in para-
2.
graph 1 of this Article while being uninsured, the body referred to in Article 1(4) of Directive 84/5/
EEC in the Member State of destination shall be liable for the compensation provided for in Article 1 of
the said Directive.

Article 4b

Member States shall ensure that the policyholder has the right to request at any time a statement relat-
ing to the third party liability claims involving the vehicle or vehicles covered by the insurance contract
at least during the preceding five years of the contractual relationship, or to the absence of such claims.
The insurance undertaking, or a body which may have been appointed by a Member State to provide
compulsory insurance or to supply such statements, shall provide this statement to the policyholder
within fifteen days of the request.

Article 4c

Insurance undertakings shall not rely on excesses against the injured party to an accident as far as the
insurance referred to in Article 3(1) of Directive 72/166/EEC is concerned.

Article 4d

Member States shall ensure that injured parties to accidents caused by a vehicle covered by insurance as
referred to in Article 3(1) of Directive 72/166/EEC enjoy a direct right of action against the insurance
undertaking covering the responsible person against civil liability.

Article 4e

Member States shall establish the procedure provided for in Article 4(6) of Directive 2000/26/EC (**) for
the settlement of claims arising from any accident caused by a vehicle covered by insurance as referred
to in Article 3(1) of Directive 72/166/EEC.

In the case of accidents which may be settled by the system of national insurers' bureaux provided
for in Article 2(2) of Directive 72/166/EEC, Member States shall establish the same procedure as in
Article 4(6) of Directive 2000/26/EC. For the purpose of applying this procedure any reference to insur-
ance undertaking shall be understood as a reference to national insurers' bureaux as defined in Article 1
(3) of Directive 72/166/EEC.
_____

(*)

Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and adminis-
trative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate
the effective exercise of freedom to provide services (OJ L 172, 4.7.1988, p. 1). Directive as last amended by
Directive 2000/26/EC of the European Parliament and of the Council (OJ L 181, 20.7.2000, p. 65).

(**) 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
(OJ L 181, 20.7.2000, p. 65).’

6.10.2005

EN

Official Journal of the European Union

C 247 E/87

5)

in Article 5, paragraph 1 shall be replaced by the following:

Wednesday 12 January 2005

‘1. Member States shall ensure that, without prejudice to their obligations under Directive 2000/26/
EC, the information centres established or approved in accordance with Article 5 of that Directive,
provide the information specified in that Article to any party involved in any traffic accident caused
by a vehicle covered by insurance as referred to in Article 3(1) of Directive 72/166/EEC.’

Article 5

Amendments to Directive 2000/26/EC

Directive 2000/26/EC shall be amended as follows:

1)

The following recital 16a shall be inserted:

‘(16a) Under Article 11(2) read in conjunction with Article 9(1)(b) of Council Regulation (EC)
No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judg-
ments in civil and commercial matters (*), injured parties may bring legal proceedings against the
civil liability insurance provider in the Member State in which they are domiciled.
_____

(*) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by the 2003 Act of Accession.’

2)

In Article 4, paragraph 8 shall be replaced by the following:

‘8.
The appointment of a claims representative shall not in itself constitute the opening of a branch
within the meaning of Article 1(b) of Directive 92/49/EEC and the claims representative shall not be
considered an establishment within the meaning of Article 2(c) of Directive 88/357/EEC or

— an establishment within the meaning of the Brussels Convention of 27 September 1968 on Juris-
diction and the Enforcement of Judgments in Civil and Commercial Matters (*) — as far as Den-
mark is concerned,

— an establishment within the meaning of Regulation (EC) No 44/2001 — as far as the other Member

States are concerned.

_____

(*) OJ C 27, 26.1.1998, p. 1 (consolidated version).’

3)

in Article 5(1)(a), point 2(ii) shall be deleted;

4)

A new Article 6a shall be inserted as follows:

‘Article 6a

Central body

Member States shall take all appropriate measures to facilitate the availability in due time to the
victims, their insurers or their legal representatives of the basic data necessary for the settlement of
claims.

This basic data shall, where appropriate, be made available in electronic form in a central repository
in each Member State, and be accessible by parties involved in the case at their express request.’

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EN

6.10.2005

Wednesday 12 January 2005

Article 6

Implementation

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to
comply with this Directive by […] (1) at the latest. They shall inform the Commission thereof forthwith.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be
accompanied by such reference on the occasion of their official publication.

The methods of making such reference shall be laid down by Member States.

2. 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.

3. Member States shall communicate to the Commission the text of the main provisions of national law
which they adopt in the field covered by this Directive.

Article 7

Entry into force

This Directive shall enter into force on the day of its publication in the Official Journal of the European
Union.

Article 8

Addressees

This Directive is addressed to the Member States.

Done at …, on …

For the European Parliament
The President

For the Council
The President

(1) 24 months after the date of entry into force of this Directive.

P6_TA(2005)0004

Constitution for Europe

European Parliament resolution on the Treaty establishing a Constitution for Europe (2004/2129
(INI))

The European Parliament,

— having regard to the Treaty establishing a Constitution for Europe (hereinafter ‘the Constitution’),

— having regard to the Treaty on European Union and the Treaty establishing the European Community

as amended by the Single European Act and the Treaties of Maastricht, Amsterdam and Nice,

— having regard to the Charter of Fundamental Rights of the European Union (1),

— having regard to the European Council's Laeken Declaration (2),

(1) OJ C 364, 18.12.2000, p. 1.
(2) Laeken European Council, Laeken declaration on the future of the Union, SN 273/01, 15.12.2001.