Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and Directive 2000/26/EC on insurance against civil liability in respect of the use of motor vehicles (fifth motor insurance directive) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2005-02-16
Institutions: European Commission
Subjects: civil liability, free movement of goods, free movement of persons, indemnification, motor vehicle insurance, transport accident

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.2.2005 
COM(2005) 57 final 

2002/0124 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

AMENDING COUNCIL DIRECTIVES 72/166/EEC, 84/5/EEC, 88/357/EEC, 
90/232/EEC AND DIRECTIVE 2000/26/EC ON INSURANCE AGAINST CIVIL 
LIABILITY IN RESPECT OF THE USE OF MOTOR VEHICLES 
(FIFTH MOTOR INSURANCE DIRECTIVE) 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2002/0124 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

AMENDING COUNCIL DIRECTIVES 72/166/EEC, 84/5/EEC, 88/357/EEC, 
90/232/EEC AND DIRECTIVE 2000/26/EC ON INSURANCE AGAINST CIVIL 
LIABILITY IN RESPECT OF THE USE OF MOTOR VEHICLES 
(FIFTH MOTOR INSURANCE DIRECTIVE) 

(Text with EEA relevance) 

1. 

INTRODUCTION 

Point  c)  of  the  third  subparagraph  of  Article  251(2)  of  the  EC  Treaty  provides  for  the 
Commission to give an opinion on the amendments proposed by the European Parliament on 
second reading. The Commission's opinion on the seven amendments proposed by Parliament 
is set out below. 

2. 

BACKGROUND 

Date of transmission of proposal to EP and Council 
(document COM(2002)244 final – 2002/0124(COD): 

07.06.20021 

Date of opinion of European Economic and Social Committee: 

26/27.02.20032 

Date of opinion of European Parliament on first reading: 

Date of adoption of common position: 

Date  of  Commission  Communication  on  Council's  common 
position:  

22.10.20033 

26.04.2004 

30.04.20044  

Date of opinion of European Parliament on second reading: 

12.01.2005 

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2 
3 
4 

OJ C 227/E, 24.9.2002 p. 387-392. 
OJ C 95, 23.04.2003, p. 45-47. 
P5_TA(2003)0446 
COM(2004)351final. 

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3. 

PURPOSE OF PROPOSAL 

The purpose of the proposal is to revise the existing Motor Insurance Directives in order to: 

•  update (most of the current provisions in the Motor Insurance Directives were adopted in 
the 1970's and 1980's) and improve the protection of victims of motor vehicle accidents by 
compulsory insurance; 

•  fill  gaps  and  clarify  certain  provisions  of  the  Directives,  thereby  ensuring  increased 

convergence as regards their interpretation and application by the Member States; 

•  provide for solutions to problems which arise frequently in order to create a more efficient 

single market in motor insurance. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  OF  THE  EUROPEAN 
PARLIAMENT 

•  On  second  reading  Parliament  adopted  seven  amendments  to  the  Council's  common 
position. They improve certain aspects of the text without affecting the substance and the 
principles  of  the  Common  Position  and  the  Commission’s  proposal.  The  Commission 
accepts all these seven amendments. 

•  These amendments are as follows:  

Amendment No 

Provision of the common position 

4 

6 

11 

12 

RECITAL 18 (insurance cover for imported vehicles), in relation 
with  Article  4a(1)  of  Directive  90/232/EEC.  The  amendment 
the  word 
introduces  some  wording  changes: 
“introduced” by “made available” (see amendment 11). 

replaces 

it 

RECITAL  23B  new  (competent  jurisdiction):  The  possibility  for 
the victims to bring legal proceedings against the insurer in their 
Member  State  of  residence 
is  explicitly  recognised.  This 
possibility,  which  was  granted  by  Regulation  (EC)  No.  44/2001, 
was  not  recognised  by  the  Fourth  Motor  Insurance  Directive 
2000/26/EC (see amendment 12). 

ARTICLE 4, POINT 4 (insurance cover for imported vehicles), in 
relation  with  Article  4a,  paragraph  1  of  Directive  90/232/EEC: 
The  amendment  introduces  some  wording  changes:  first,  it 
replaces  the  word  “imported”  by  “dispatched”.  Secondly,  it 
replaces the words “the date when the vehicle has been delivered, 
made  available  or  dispatched  to  the  purchaser  for  a  maximum 
period  of  thirty  days”  by  “acceptance  of  delivery  by  the 
purchaser for a period of thirty days”. 

ARTICLE  5,  POINT  1  (competent  jurisdiction):  A  new  recital 
16A  is  introduced  in  the  Fourth  Motor  Directive  2000/26/EC  to 
explicitly  recognise  the  possibility  for  the  victims  to  bring  legal 
proceedings against the insurer in their Member State of residence 
in accordance with Regulation (EC) No. 44/2001. 

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Amendment No 

Provision of the common position 

17 

18 

20 

RECITAL  10  (minimum  amounts  of  cover):  Two  new  sentences 
are  introduced  to  emphasise  the  need  to  fully  and  fairly 
compensate the victims of motor accidents. 

ARTICLE  2,  PARAGRAPHS  2  AND  3  (minimum  amounts  of 
cover),  in  relation  with  Article  1,  paragraphs  2  and  3  of  the 
Second  Motor  Insurance  Directive  84/5/EEC:  The  amendment 
aims to clarify that it is optional for the Member State to choose 
between EUR 1 000 000 per victim or EUR 5 000 000 per claim 
(whatever the number of victims) as a minimum insurance amount 
to cover personal injuries. The transitional period of five years for 
the  implementation  of  the  new minimum  insurance  amounts  will 
not  be  compulsory  but  may  be  requested  by  the  Member  States. 
Such  a  period  will  start  from  the  date  of  implementation.  Some 
wording  changes  are  introduced  in  the  provision  concerning  the 
automatic periodical revision of the minimum amounts. 

ARTICLE  5,  POINT  2A  new  (availability  of  minimal  data  for 
settlement of claims): a new Article 6a is introduced in the Fourth 
Motor  Insurance  Directive  2000/26/EC  according  to  which 
Member  States  should  take  appropriate  measures  to  facilitate  the 
availability  to  the  victims  and  other  interested  parties  of  the 
minimal data for the settlement of claims. 

5. 

CONCLUSION 

Under Article 250(2) of the EC Treaty, the Commission hereby amends its proposal as set out 
above. 

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