Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 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   (Text with EEA relevance)
Date: 2005-05-11
Institutions: Council of the European Union, European Parliament
Subjects: consumer protection, insurance contract, insurance law, motor vehicle insurance, third-party insurance

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Official Journal of the European Union

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DIRECTIVE 2005/14/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 May 2005

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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(2)

Having regard to the Treaty establishing the European Commu-
nity, 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),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (3),

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 insur-
ance 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 per-
sons and vehicles. It should therefore be a key objective of
Community action in the field of financial services to rein-
force and consolidate the single insurance market in motor
insurance.

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 Mem-
ber States relating to insurance against civil liability in
respect of the use of motor vehicles, and to the enforce-
ment of the obligation to insure against such liability (4), by
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 (5), by third Council Directive
90/232/EEC of 14 May 1990 on the approximation of the
laws of the Member States relating to insurance against
civil liability in respect of the use of motor vehicles (6) 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) (7).

(3)

(4)

(5)

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

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 bear-
ing 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 insur-
ers’ bureaux are obliged to deal with the economic conse-
quences of accidents which do not have any connection

(1) OJ C 227 E, 24.9.2002, p. 387.
(2) OJ C 95, 23.4.2003, p. 45.
(3) Opinion 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 Par-
liament of 12 January 2005 (not yet published in the Official Journal).
Council Decision of 18 April 2005.

(4) 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).

(5) 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).

(6) OJ L 129, 19.5.1990, p. 33.
(7) OJ L 181, 20.7.2000, p. 65.

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with the Member State where they are established. With-
out altering the general criterion of the registration plate to
determine the territory in which the 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 this case and for the sole
purpose of settling the claim, the territory in which the
vehicle is normally based should be considered 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 rel-
evant provision should be clarified. The prohibition of sys-
tematic checks on motor insurance should apply to
vehicles normally based in the territory of another Mem-
ber State as well as to vehicles normally based in the terri-
tory 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 con-
trol not aimed exclusively at insurance verification may be
permitted.

Article 4(a) of Directive 72/166/EEC permits a Member
State to act in derogation from the general obligation to
take out compulsory insurance in respect of vehicles
belonging to certain natural or public or private legal per-
sons. For accidents caused by such vehicles, the Member
State so derogating must designate an authority or body to
compensate for the damage to victims of accidents caused
in another Member State. In order to ensure that due com-
pensation is paid not only to the victims of accidents
caused by these vehicles abroad but also the victims of
accidents occurring in the same 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 communi-
cated to the Commission for publication.

Article 4(b) of Directive 72/166/EEC permits a Member
State to act in derogation from the general obligation 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 into their territory, a valid green card or a frontier
insurance contract, in order to ensure the provision of
compensation to victims of any accident which may be
caused by those vehicles in their territories. However, since
the elimination of border controls within the Community

(6)

(7)

(8)

means that it is not possible to ensure that vehicles cross-
ing frontiers are covered by insurance, compensation for
victims of accidents caused abroad can no longer be guar-
anteed. Furthermore, it should also be ensured that due
compensation is awarded not only to the victims of acci-
dents caused by those vehicles abroad, but also in the same
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 vic-
tims of accidents caused by non-insured vehicles. Indeed,
as provided for in Directive 84/5/EEC, compensation to
victims 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 with the
implementation and application of this derogation, submit
proposals for its replacement or repeal. The correspond-
ing 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 Articles 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 protec-
tion of victims. The minimum amount of cover for per-
sonal injury should be calculated so as to compensate fully
and fairly all victims who have suffered very serious inju-
ries, 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 mini-
mum 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 transitional period of five years from the date
of implementation of this Directive should be established.
Member States should increase their amounts to at least a
half of those levels within 30 months of the date of
implementation.

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(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.

(15)

(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 prop-
erty by an unidentified vehicle, may impede legitimate
compensation of victims in some cases. The option of lim-
iting 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 of the same 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 con-
sidered significant should be determined by the national
legislation 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 hospital care.

(13) At present, an option contained in Directive 84/5/EEC
allows Member States to authorise, up to a specified ceil-
ing, excesses for which the victim would be responsible in
the event of damage to property 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.

(16)

(17)

(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 assur-
ance and laying down provisions to facilitate the effective
exercise of freedom to provide services (2) should be
amended in order to permit branches of insurance under-
takings to become representatives with respect to motor
insurance activities, as already happens with respect to
insurance services other than motor insurance.

(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).

(2) OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive

2000/26/EC.

The inclusion within the insurance cover of any passenger
in the vehicle is a major achievement of the existing legis-
lation. This objective would be placed in jeopardy 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 prop-
erly the intoxication level of the driver. The objective of
discouraging persons from driving whilst under the influ-
ence 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 vehi-
cle’s compulsory motor insurance does not prejudge any
liability they might incur pursuant to the applicable
national legislation, nor the level of any award of damages
in a specific accident.

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

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 con-
flict 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 speci-
fied 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 Mem-
ber States’ national legislation with respect to the registra-
tion 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
30 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.

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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 con-
tract. The policyholder 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 Mem-
ber State to provide compulsory insurance or to supply
such statements, should provide this statement to the poli-
cyholder within 15 days of the request.

(20)

In order to ensure due protection of victims of motor
vehicle accidents, Member States should not permit insur-
ance 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 acci-
dents, the ‘reasoned offer’ procedure provided for in
Directive 2000/26/EC should be extended to any kind of
motor vehicle accident. 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 com-
pensation, the information centres set up in accordance
with Directive 2000/26/EC should not be confined to pro-
viding 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 Brus-
sels Convention of 27 September 1968 on the same mat-
ter for a number of Member States, the reference to that
Convention in that Directive should be adapted as
appropriate.

(26)

Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC
and 90/232/EEC and Directive 2000/26/EC of the Euro-
pean Parliament and of the Council 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. Article 1(4) is 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’;

(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.’;

(1) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation

(EC) No 2245/2004 (OJ L 381, 28.12.2004, p. 10).

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2. Article 2(1) is replaced by the following:

4.

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

‘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.’;

Article 2

Amendments to Directive 84/5/EEC

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

3. Article 4 is amended as follows:

‘Article 1

(a)

in point (a), second subparagraph:

(i)

the first sentence shall be replaced by the following:

‘A Member State so derogating shall take the appro-
priate 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 compensa-
tion. 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 insur-
ance obligation provided for in Article 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 2005/14/EC of the European Parlia-
ment and of the Council of 11 May 2005 amending
Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC
and 90/232/EEC and Directive 2000/26/EC of the Euro-
pean 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 Commis-
sion on the implementation and practical application of
this point. The Commission, after having examined these
reports, shall, if appropriate, submit proposals on the
replacement or repeal of this derogation.

(*) OJ L 149, 11.6.2005, p. 14.’;

1.
The insurance referred to in Article 3(1) of Directive
72/166/EEC shall cover compulsorily both damage to property
and personal injuries.

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 injury, a minimum amount of cover
of EUR 1 000 000 per victim or EUR 5 000 000 per claim,
whatever the number of victims;

(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 to five years from the date of implementation of Directive
2005/14/EC of the European Parliament and of the Council
of 11 May 2005 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 relat-
ing 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 transi-
tional period.

Within 30 months of the date of implementation of Directive
2005/14/EC Member States shall increase guarantees to at least a
half of the levels provided for in this paragraph.

3.
Every five years after the entry into force of Directive
2005/14/EC or the end of any transitional 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 (**).

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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 pre-
ceding the review, and rounded up to a multiple of EUR 10 000.

Each Member State shall apply its laws, regulations and
7.
administrative provisions to the payment of compensation by the
body, without prejudice to any other practice which is more
favourable to the victim.

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

(*) OJ L 149, 11.6.2005, p. 14.
(**) OJ L 257, 27.10.1995, p. 1. Regulation as amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of
the Council (OJ L 284, 31.10.2003, p. 1).’

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 insur-
ance 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 compensation by the body as sub-
sidiary 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 the payment of compensation conditional on the victim
establishing in any way that the person liable is unable or refuses
to pay.

The victim may in any event apply directly to the body
5.
which, on the basis of information provided 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 compen-
sation 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.

Article 3

Amendment 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 contractual clause con-
tained 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:

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

‘Article 1a

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, Mem-
ber 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 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 civil 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:

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

‘— cover, on the basis of a single premium and during the
whole term of the contract, the entire territory of the
Community,
including for 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

1.
By way of derogation from the second indent of
Article 2(d) of Directive 88/357/EEC (*), where a 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.

2.
In the event that the vehicle is involved in an accident
during the period mentioned in paragraph 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 relating 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 compul-
sory insurance or to supply such statements, shall provide
this statement to the policyholder within 15 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 person
responsible 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 cov-
ered 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
insurance undertaking shall be understood as a reference to
national insurers’ bureaux as defined in Article 1, point 3 of
Directive 72/166/EEC.

(*) Second Council Directive 88/357/EEC of 22 June 1988
on the coordination of laws, regulations and administra-
tive provisions relating to direct insurance other than life
assurance and laying down provisions to facilitate the
freedom to provide services
effective exercise of
(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
(fourth motor insurance Directive) (OJ L 181, 20.7.2000,
p. 65).’;

5. Article 5(1) is replaced by the following:

‘1. Member States shall ensure that, without prejudice to
their obligations under Directive 2000/26/EC, the informa-
tion 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 recog-
nition and enforcement of judgments in civil and com-
mercial matters (*),
injured parties may bring legal
proceedings against the civil liability insurance pro-
vider in the Member State in which they are domiciled.

(*) OJ L 12, 16.1.2001, p. 1. Regulation as last amended by
Regulation (EC) No 2245/2004 (J L 381, 28.12.2004,
p.10).’;

11.6.2005

EN

Official Journal of the European Union

L 149/21

2. Article 4(8) is 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 repre-
sentative 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 Jurisdiction and
the Enforcement of Judgments in Civil and Commercial
Matters (*) — as far as Denmark 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.

the following Article is inserted:

‘Article 6a

Central body

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

Article 6

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 11 June 2007 at the latest. They shall forthwith
inform the Commission thereof.

When Member States adopt those measures, they shall contain a
reference to this Directive or shall be accompanied by such refer-
ence 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, main-
tain 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 Strasbourg, 11 May 2005.

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.’

For the European Parliament
The President
J. P. BORRELL FONTELLES

For the Council
The President
N. SCHMIT