Proposal for a Directive of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (Codified version)
Date: 2008-02-27
Institutions: European Commission
Subjects: approximation of laws, codification of EU law, motor vehicle, motor vehicle insurance, third-party insurance

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.2.2008 
COM(2008)98 final 

2008/0037(COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to insurance against civil liability in respect of the use of motor vehicles, and the 
enforcement of the obligation to insure against such liability 

(Codified version) 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
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,  of  the  second  Council  Directive  84/5/ECC  of  30  December  1983  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to  insurance  against  civil 
liability 
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,  of  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)  and  of  Directive  2005/14/EC  of  the  European 

the  use  of  motor  vehicles,  of 

in  respect  of 

the 

1 
2 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 

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84/5/ECC, 

88/357/EEC 

Parliament  and  of 
the  Council  of  11  May  2005  amending  Council 
and 
Directives 72/166/ECC, 
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  vehicles3.  The  new 
Directive  will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully 
preserves the content of the acts being codified and hence does no more than bring 
them together with only such formal amendments as are required by the codification 
exercise itself. 

90/232/EEC 

and 

5. 

The codification proposal was drawn up on the basis of preliminary consolidations, 
in  all  official  languages,  of  Directives  72/166/EEC,  84/5/EEC,  90/232/EEC, 
2000/26/EC  and  2005/14/EC  and  the  instruments  amending  it,  carried  out  by  the 
Office  for  Official  Publications  of  the  European  Communities,  by  means  of 
a data-processing  system.  Where  the  Articles  have  been  given  new  numbers,  the 
correlation  between  the  old  and  the  new  numbers  is  shown  in  a  table  contained  in 
Annex II to the codified Directive. 

3 

4 

Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex I, Part A of this proposal. 

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(cid:208) 72/166/EEC (adapted) 

2008/0037 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to insurance against civil liability in respect of the use of motor vehicles, and the 
enforcement of the obligation to insure against such liability 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article ⌦ 95(1) ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee1, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty2, 

Whereas: 

(cid:208)  

(1) 

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,  3  the  second  Council  Directive  84/5/ECC  of  30  December  1983  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to  insurance  against  civil 
third  Council 
liability 
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 vehicles5, 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)6 have been substantially amended several times7. In the interests 

the  use  of  motor  vehicles4,  of 

in  respect  of 

the 

1 
2 
3 

4 
5 
6 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  103,  2.5.1972,  p.  1.  Directive  as  last  amended  by  Directive  2005/14/EC  of  the  European 
Parliament and Council (OJ L 149, 11.6.2005, p. 14). 
OJ L 8, 11.1.1984, p. 17. Directive as amended by Directive 2005/14/EC. 
OJ L 129, 19.5.1990, p. 33. Directive as amended by Directive 2005/14/EC. 
OJ L 181, 20.7.2000, p. 65. Directive as amended by Directive 2005/14/EC. 

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of  clarity  and  rationality  these  four  Directives  should  be  codified  as  well  as 
the  Council  of 
Directive 2005/14/EEC  of 
11 May 2005 amending Council Directives 72/166/ECC, 84/5/ECC, 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 vehicles8. 

the  European  Parliament  and  of 

(cid:208) 2005/14/EC Recital 1 (adapted) 

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  ⌦ internal ⌫  market  in  motor 
insurance. 

(cid:208) 84/5/EEC Recital 2 (adapted) 

Each  Member  State  ⌦ must ⌫  take  all  ⌦ necessary ⌫  measures  to  ensure  that 
civil liability in respect of the use of vehicles normally based in its territory is covered 
by insurance. The  extent  of  the liability covered and the  terms and  conditions of the 
insurance cover are to be determined on the basis of those measures. 

(cid:208) 2005/14/EC Recital 4 

In  order  to  exclude  any  possible  misinterpretation  of  the  provisions  of  this  Directive 
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. 

(2) 

(3) 

(4) 

(cid:208) 2005/14/EC Recital 5 (adapted) 

(5)  ⌦ While respecting ⌫ 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. 

(6)  ⌦ A ⌫  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 

(cid:208) 2005/14/EC Recital 6 (adapted) 

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8 

See Annex I, Part A. 
OJ L 149, 11.6.2005, p. 14. 

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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 may 
be permitted. 

(cid:208) 72/166/EEC Recital 7 (adapted) 

(7) 

The abolition of checks on green cards for vehicles normally based in a Member State 
entering  the  territory  of  another  Member  State  can  be  effected  by  means  of  an 
agreement  between  the  national  insurers'  bureaux,  whereby  each  national  bureau 
would  guarantee  compensation  in  accordance  with  the  provisions  of  national  law  in 
respect of any loss or injury giving entitlement to compensation caused in its territory 
by one of those vehicles, whether or not insured.  

(8) 

Such a guarantee agreement presupposes that all Community motor vehicles travelling 
in  Community  territory  are  covered  by  insurance.  The  national  law  of  each  Member 
State should, therefore, provide for the compulsory insurance of vehicles against civil 
liability, the insurance to be valid throughout Community territory. 

(cid:208) 72/166/EEC Recital 8 (adapted) 

(9)  Whereas  the  system  provided  for  in  this  Directive  could  be  extended  to  vehicles 
normally  based  in  the  territory  of  any  third  country  in  respect  of  which  the  national 
bureaux of the Member States have concluded a similar agreement.  

(cid:208) 72/166/EEC Recital 9 (adapted) 

(cid:208) 2005/14/EC Recital 7 (adapted) 

(10)  ⌦ Each ⌫ Member State ⌦ should be able ⌫ 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 persons. 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. ⌦ It should be ⌫ 
ensured that due compensation 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.  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. 

(cid:208) 2005/14/EC Recital 8 (adapted) 

(11)  ⌦ Each ⌫ Member State ⌦ should be able ⌫ 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 

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elimination of border controls within the Community means that it is not possible to 
ensure  that  vehicles  crossing  frontiers  are  covered  by  insurance,  compensation  for 
victims  of  accidents  caused  abroad  cannot  be  guaranteed.  It  should  also  be  ensured 
that due compensation is awarded not only to the victims of accidents 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 victims of accidents caused by non-insured vehicles. 
Indeed, 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 ⌦ certain ⌫ period of 
the  implementation  and  application  of  this  ⌦ possibility  of ⌫  derogation,  ⌦ and 
taking  into  account  the  experiences  taken  from  this,  the  Commission  should,  when 
appropriate, ⌫ submit proposals for its replacement or repeal. 

(cid:208) 2005/14/EC Recital 10 
(adapted) 

(12)  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 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 per victim or 
per  claim ⌦ should  be  provided ⌫.  With  a  view  to  facilitating  the  introduction  of 
these  minimum  amounts,  a  transitional  period  should  be  established. ⌦ However,  a 
shorter  period  than  the  transitional  period  should  be  provided  in  which ⌫  Member 
States should increase ⌦ these ⌫ amounts to at least a half of those levels. 

(cid:208) 2005/14/EC Recital 11 
(adapted) 

(13) 

In  order  to  ensure  that  the  minimum  amount  of  cover  is  not  eroded  over  time,  a 
periodic review clause should be ⌦ provided ⌫ 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  prices9.  Procedural  rules  governing  such  a  review  ⌦ should  also ⌫  be 
⌦ provided ⌫. 

(14)  Whereas it is necessary to make provision for a body to guarantee that the victim will 
not  remain  without  compensation  where  the  vehicle  which  caused  the  accident  is 
uninsured or unidentified. It is important, to provide that the victim of such an accident 

(cid:208) 84/5/EEC Recital 6 (adapted) 

9 

OJ  L 257, 27.10.1995,  p.  1. Regulation  amended by  Regulation (EC) No 1882/2003  of  the  European 
Parliament and Council (OJ L 284, 31.10.2003, p. 1). 

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should  be  able  to  apply  directly  to  that  body  as  a  first  point  of  contact.  However, 
Member States should be given the possibility of applying certain limited exclusions 
as  regards  the  payment  of  compensation  by  that  body  and  of  providing  that 
compensation  for  damage  to  property  caused  by  an  unidentified  vehicle  may  be 
limited or excluded in view of the danger of fraud.  

(15) 

It is in the interest of victims that the effects of certain exclusion clauses be limited to 
the  relationship  between  the  insurer  and  the  person  responsible  for  the  accident. 
However, in the case of vehicles stolen or obtained by violence, Member States may 
specify that compensation will be payable by the abovementioned body. 

(cid:208) 84/5/EEC Recital 7 

(16) 

In  order  to  alleviate  the  financial  burden  on  that  body,  Member  States  may  make 
provision  for 
the  body  provides 
compensation  for  damage  to  property  caused  by  uninsured  vehicles  or,  where 
appropriate, vehicles stolen or obtained by violence. 

the  application  of  certain  excesses  where 

(cid:208) 84/5/EEC Recital 8 

(cid:208) 2005/14/EC Recital 12 
(adapted) 

(17)  The  option  of  limiting  or  excluding  ⌦ a  legitimate ⌫  compensation  ⌦ for 
victims ⌫  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 ⌦ this ⌫  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  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. 

(cid:208) 90/232/EEC Recital 9 (adapted) 

(18) 

In  the  case  of  an  accident  caused  by  an  uninsured  vehicle,  the  victim  is  required  in 
certain  Member  States  to  prove  that  the  party  liable  is  unable  or  refuses  to  pay 
compensation  before  he  can  claim  ⌦ to  the  body  which  compensates  victims  of 
accidents  caused  by  uninsured  or  unidentified  vehicles ⌫.  This  body 
is 
⌦ however ⌫  better  placed  than  the  victim  to  bring  an  action  against  the  party 
liable.  Therefore,  ⌦ it  should  be  provided  that ⌫  this  body  ⌦ cannot  ⌫  require 
that  the  victim,  if  he  is  to  be  compensated,  should  establish  that  the  party  liable  is 
unable or refuses to pay. 

(19) 

In the event of a dispute between the body referred to above and a civil liability insurer 
as to which of them should compensate the victim of an accident, Member States, to 

(cid:208) 90/232/EEC Recital 10 

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avoid any delay in the payment of compensation to the victim, should ensure that one 
of  these  parties  is  designated  to  be  responsible  in  the  first  instance  for  paying 
compensation pending resolution of the dispute.  

(20)  Motor  vehicle  accident  victims  should  be  guaranteed  comparable 

treatment 

irrespective of where in the Community accidents occur. 

(cid:208) 90/232/EEC Recital 4 

(21)  The  members  of  the  family  of  the  ⌦ policyholder ⌫,  driver  or  any  other  person 
liable  should  be  afforded  protection  comparable  to  that  of  other  third  parties,  in  any 
event in respect of their personal injuries.  

(cid:208) 84/5/EEC Recital 9 (adapted) 

(cid:208) 2005/14/EC Recital 16 

(22)  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 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. 

(cid:208) 2005/14/EC Recital 15 

(23)  The  inclusion  within  the  insurance  cover  of  any  passenger  in  the  vehicle  is  a  major 
achievement of the existing legislation. 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  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 
legislation, nor the level of any award of damages in a specific accident. 

(cid:208) 2005/14/EC Recital 17 

(24)  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 this Directive, 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 

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Member  State  for  a  particular  period,  without  prejudice  to  the  obligations  under 
Member States' national legislation with respect to the registration of vehicles. 

(25)  All  compulsory  motor  insurance  policies  must  cover  the  entire  territory  of  the 

Community.  

(cid:208) 90/232/EEC Recital 6 (adapted) 

(26) 

In  the  interests  of  the  party  insured,  every  insurance  policy  should,  guarantee  for  a 
single  premium,  in  each  Member  State,  the  cover  required  by  its  law  or  the  cover 
required by the law of the Member State where the vehicle  is  normally  based, when 
that cover is higher. 

(cid:208) 90/232/EEC Recital 7 (adapted) 

(cid:208) 2005/14/EC Recital 18 

(27)  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. 

(cid:208) 2005/14/EC Recital 19 

(28)  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. 
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  Member  State  to  provide  compulsory  insurance  or  to  supply  such  statements, 
should provide this statement to the policyholder within 15 days of the request. 

(29) 

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. 

(cid:208) 2005/14/EC Recital 20 

(cid:208) 2005/14/EC Recital 21 
(adapted) 

(30)  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. In order to facilitate an efficient and speedy settlement of claims and 
to avoid as far as possible costly legal proceedings, ⌦ a ⌫ right ⌦ of direct action 

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against  the  insurance  undertaking  covering  the  person  responsible  against  civil 
liability ⌫ should be ⌦ provided for ⌫ victims of any motor vehicle accident. 

(cid:208) 2005/14/EC Recital 22 
(adapted) 

(31)  ⌦ In order to obtain an adequate level of protection for ⌫ victims of motor vehicle 
accidents,  ⌦ a ⌫  “reasoned  offer”  procedure  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. 

(cid:208) 2005/14/EC Recital 24 and 
2000/26/EC Recital 16(a) 
(adapted) 

(32)  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 matters10, injured parties may 
bring  legal  proceedings  against  the  civil  liability  insurance  provider  in  the  Member 
State in which they are domiciled. 

(33)  The  green  card  bureau  system  ensures  the  ready  settlement  of  claims  in  the  injured 
party's  own  country  even  where  the  other  party  comes  from  a  different  European 
country. 

(cid:208) 2000/26/EC Recital 5 

(cid:208) 2000/26/EC Recitals 11 and 12 
(adapted) 

(34) 

Injured parties as a result of a motor vehicle accident falling within the scope of this 
Directive and occurring in a State other than that of their residence ⌦ should ⌫ be 
entitled  to  claim  in  their  Member  State  of  residence  against  a  claims  representative 
appointed  there  by  the  insurance  undertaking  of  the  responsible  party.  This  solution 
would  enable  damage  suffered  by  injured  parties  outside  their  Member  State  of 
residence to be dealt with by procedures familiar to them. 

(35)  This  system  of  having  claims  representatives  in  the  injured  party's  Member  State  of 
residence affects neither the substantive law to be applied in each individual case nor 
the matter of jurisdiction. 

(cid:208) 2000/26/EC Recital 13 

10 

OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation (EC) ⌦ No 1791/2006 (OJ L 363, 
20.12.2006, p. 1) ⌫. 

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(cid:208) 2000/26/EC Recital 14 
(adapted) 

(36)  The  existence  of  a  direct  right  of  action  against  the  insurance  undertaking  for  the 
⌦injured ⌫ party is a logical supplement to the appointment of such representatives 
and moreover improves the legal position of injured parties of motor vehicle accidents 
occurring outside that party's Member State of residence. 

(cid:208) 2000/26/EC Recital 15 
(adapted) 

(37) 

It  should  be  provided  that  the  Member  State  where  the  insurance  undertaking  is 
authorised should require the undertaking to appoint claims representatives resident or 
established in the other Member States to collect all necessary information in relation 
to  claims  resulting  from  such  accidents  and  to  take  appropriate  action  to  settle  the 
claims  on  behalf  and  for  the  account  of  the  insurance  undertaking,  including  the 
payment  of  compensation  therefore.  Claims  representatives  should  have  sufficient 
powers to represent the insurance undertaking in relation to persons suffering damage 
from  such  accidents,  and  also  to  represent  the  insurance  undertaking  before  national 
authorities including, where necessary, before the courts, in so far as this is compatible 
with the rules of private international law on the conferral of jurisdiction. 

(38)  The  activities  of  the  claims  representative  are  not  sufficient  in  order  to  confer 
jurisdiction on the courts in the injured party's Member State of residence if the rules 
of private international law on the conferral of jurisdiction do not so provide. 

(cid:208) 2000/26/EC Recital 16 

(cid:208) 2000/26/EC Recital 17 
(adapted) 

(39)  The appointment of representatives responsible for settling claims should be one of the 
conditions for access to and carrying on the activity of insurance listed in class 10 of 
point A of the Annex to First Council Directive 73/239/EEC of 24 July 1973 on the 
coordination  of  laws,  regulations  and  administrative  provisions  relating  to  the 
taking-up  and  pursuit  of  the  business  of  direct  insurance  other  than  life  assurance11, 
except  for carriers' liability; that condition should therefore be covered by the single 
official  authorisation  issued  by  the  authorities  of  the  Member  State  where  the 
insurance  undertaking  establishes  its  head  office,  as  specified  in  Title  II  of  Council 
Directive 92/49/EEC  of  18  June  1992  on  the  coordination  of  laws,  regulations  and 
administrative  provisions  relating  to  direct  insurance  other  than  life  assurance  and 
amending  Directives  73/239/EEC  and  88/357/EEC  (third  non-life 
insurance 
Directive)12.  that  condition  should  also  apply  to  insurance  undertakings  having  their 

11 

12 

OJ L 228, 16.8.1973, p. 3. Directive as last amended by Directive 2006/101/EC (OJ L 363, 20.12.2006, 
p. 238). 
OJ  L  228,  11.8.1992,  p.  1.  Directive  as  last  amended  by  Directive  2007/44/CE  of  the  European 
Parliament and Council (OJ L 247, 21.9.2007, p. 1). 

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head office outside the Community which have secured an authorisation granting them 
access to the activity of insurance in a Member State of the Community. 

(40) 

(cid:208) 2000/26/EC Recital 18 

law  appropriate  effective  and  systematic 

In addition to ensuring that the insurance undertaking has a representative in the State 
where the injured party resides, it is appropriate to guarantee the specific right of the 
injured party to have the claim settled promptly; it is therefore necessary to include in 
financial  or  equivalent 
national 
administrative  penalties  —  such  as  injunctions  combined  with  administrative  fines, 
reporting to supervisory authorities on a regular basis, on-the-spot checks, publications 
in  the  national  official  journal  and  in  the  press,  suspension  of  the  activities  of  the 
company  (prohibition  on  the  conclusion  of  new  contracts  for  a  certain  period), 
designation  of  a  special  representative  of  the  supervisory  authorities  responsible  for 
monitoring  that  the  business  is  run  in  line  with  insurance  laws,  withdrawal  of  the 
authorisation  for  this  business  line,  sanctions  to  be  imposed  on  directors  and 
management staff — in the event that the insurance undertaking or its representative 
fails  to  fulfil  its  obligation  to  make  an  offer  of  compensation  within  a  reasonable 
time-limit.  This  should  not  prejudice  the  application  of  any  other  measure  — 
especially under supervisory law — which may be considered appropriate. However, 
it  is  a  condition  that  liability  and  the  damage  and  injury  sustained  should  not  be  in 
dispute, so that the insurance undertaking is able to make a reasoned offer within the 
prescribed  time-limit;  the  reasoned  offer  of  compensation  should  be  in  writing  and 
contain the grounds on the basis of which liability and damages have been assessed. 

(cid:208) 2000/26/EC Recital 19 

(41) 

In  addition  to  those  sanctions,  it  is  appropriate  to  provide  that  interest  should  be 
payable  on  the  amount  of  compensation  offered  by  the  insurance  undertaking  or 
awarded by the court to the injured party when the offer has not been made within the 
said prescribed time-limit. If Member States have existing national rules which cover 
the  requirement  for  late-payment  interest  this  provision  could  be  implemented  by  a 
reference to those rules. 

(cid:208) 2000/26/EC Recital 20 and 
2005/14/EC Recital 23 (adapted) 

(42) 

Injured parties suffering loss or injury as a result of motor vehicle accidents sometimes 
have  difficulty  in  establishing  the  name  of  the  insurance  undertaking  providing 
insurance against civil liability in respect of the use of motor vehicles involved in an 
accident. In order to make it easier for the party to seek compensation, the information 
centres  set  up  should  be  ⌦ able ⌫  to  provide  information  concerning  any  motor 
vehicle accident. 

(43) 

In the interest of such injured parties, Member States should set up information centres 
to ensure that such information is made available promptly. Those information centres 
should  also  make  available  to  injured  parties  information  concerning  claims 

(cid:208) 2000/26/EC Recital 21 

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13 

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representatives. It is necessary that such centres should cooperate with each other and 
respond  rapidly  to  requests  for  information  about  claims  representatives  made  by 
centres in other Member States. It seems appropriate that such centres should collect 
information about the actual termination date of the insurance cover but not about the 
expiry of the original validity of the policy if the duration of the contract is extended 
owing to non-cancellation. 

(44)  Specific provision should be made with respect to vehicles (for example, government 
or military vehicles) which fall under the exemptions from the obligation to be insured 
against civil liability. 

(cid:208) 2000/26/EC Recital 22 

(cid:208) 2000/26/EC Recital 23 

(45)  The injured party may have a legitimate interest in being informed about the identity 
of the owner or usual driver or the registered keeper of the vehicle, for example if he 
can  obtain  compensation  only  from  these  persons  because  the  vehicle  is  not  duly 
insured  or  the  damage  exceeds  the  sum  insured,  this  information  should  also  be 
provided accordingly. 

(cid:208) 2000/26/EC Recital 24 

(46)  Certain  information  provided,  such  as  the  name  and  address  of  the  owner  or  usual 
driver of the vehicle and the number of the insurance policy or the registration number 
of the vehicle, constitutes personal data within the meaning of Directive 95/46/EC of 
the European Parliament and of the Council of 24 October 1995 on the protection of 
individuals with regard to the processing of personal data and on the free movement of 
such  data13.  The  processing  of  such  data  which  is  required  for  the  purposes  of  this 
Directive  must  therefore  comply  with  the  national  measures  taken  pursuant  to 
Directive  95/46/EC.  The  name  and  address  of  the  usual  driver  should  be 
communicated only if national legislation provides for such communication. 

(cid:208) 2000/26/EC Recital 25 

(47) 

It is necessary to make provision for a compensation body to which the injured party 
may apply where the insurance undertaking has failed to appoint a representative or is 
manifestly  dilatory  in  settling  a  claim  or  where  the  insurance  undertaking  cannot  be 
identified to guarantee that the injured party will not remain without the compensation 
to which he is entitled. The intervention of the compensation body should be limited to 
rare  individual  cases  where  the  insurance  undertaking  has  failed  to  comply  with  its 
duties in spite of the dissuasive effect of the potential imposition of penalties. 

13 

OJ L 281, 23.11.1995, p. 31. Directive amended by Regulation (EC) No 1882/2003. 

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14 

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(cid:208) 2000/26/EC Recital 26 

(48)  The role played by the compensation body is that of settling the claim in respect of any 
loss or injury suffered by the injured party only in cases which are capable of objective 
determination and therefore the compensation body must limit its activity to verifying 
that  an  offer  of  compensation  has  been  made  in  accordance with the time-limits  and 
procedures laid down, without any assessment of the merits. 

(49)  Legal persons who are subrogated by law to the injured party in his claims against the 
person responsible for the accident or the latter's insurance undertaking (such as, for 
example, other insurance undertakings or social security bodies) should not be entitled 
to present the corresponding claim to the compensation body. 

(cid:208) 2000/26/EC Recital 27 

(cid:208) 2000/26/EC Recital 28 
(adapted) 

(50)  The  compensation  body  ⌦ shall ⌫  have  a  right  of  subrogation  in  so  far  as  it  has 
compensated the injured party. In order to facilitate enforcing the compensation body's 
claim  against  the  insurance  undertaking  where  it  has  failed  to  appoint  a  claims 
representative  or  is  manifestly  dilatory  in  settling  a  claim,  the  body  providing 
compensation in the injured party's State should ⌦ also ⌫ enjoy an automatic right 
of reimbursement with subrogation to the rights of the injured party on the part of the 
corresponding  body  in  the  State  where  the  insurance  undertaking  is  established. 
⌦ This ⌫  body  is  the  best  placed  to  institute  proceedings  for  recourse  against  the 
insurance undertaking. 

(cid:208) 2000/26/EC Recital 29 
(adapted) 

(51)  Even  though  Member  States  may  provide  that  the  claim  against  the  compensation 
body may be subsidiary, the injured person should not be obliged to present his claim 
to  the  person  responsible  for  the  accident  before  presenting  it  to  the  compensation 
body.  In  this  case  the  injured  party  should  be  in  at  least  the  same  position  as  in  the 
case of a claim against the guarantee fund. 

(52)  This  system  can  be  made  to  function  by  means  of  an  agreement  between  the 
compensation  bodies  established  or  approved  by  the  Member  States  defining  their 
functions and obligations and the procedures for reimbursement. 

(cid:208) 2000/26/EC Recital 30 

(53)  Where  it  is  impossible  to  identify  the  insurer  of  the  vehicle,  ⌦ it  should  be 
provided ⌫ that the ultimate debtor in respect of the damages to be paid to the injured 

(cid:208) 2000/26/EC Recital 31 
(adapted) 

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15 

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party  is  the  guarantee  fund  provided  for ⌦ this  purpose ⌫  situated  in  the  Member 
State  where  the  non-insured  vehicle,  the  use  of  which  has  caused  the  accident,  is 
normally  based.  Where  it  is  impossible  to  identify  the  vehicle,  ⌦ it  should  be 
provided ⌫  that  the  ultimate  debtor  is  the  guarantee  fund  provided  for  ⌦ this 
purpose ⌫ situated in the Member State in which the accident occurred. 

(54)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  [and  application]  of  the 
Directives set out in Annex I, Part B, 

(cid:208)  

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 72/166/EEC (adapted) 

Chapter 1 

⌦ General provisions ⌫ 

Article 1 

⌦ Definitions ⌫ 

For the purposes of this Directive: 

(1) 

(2) 

(3) 

‘vehicle’  means  any  motor  vehicle  intended  for  travel  on  land  and  propelled  by 
mechanical power, but not running on rails, and any trailer, whether or not coupled; 

‘injured party’ means any person entitled to compensation in respect of any loss or 
injury caused by vehicles; 

‘national insurers’ bureau’ means a professional organisation which is constituted in 
accordance  with  Recommendation  No 5  adopted  on  25  January  1949  by  the  Road 
Transport Sub-committee of the Inland Transport Committee of the United Nations 
Economic  Commission 
insurance 
undertakings  which,  in  a  State,  are  authorised  to  conduct  the  business  of  motor 
vehicle insurance against civil liability; 

for  Europe  and  which  groups 

together 

(4) 

‘territory in which the vehicle is normally based’ means: 

(a) 

the  territory  of  the  State  of  which  the  vehicle  bears  a  registration  plate, 
irrespective of whether the plate is permanent or temporary; or 

(cid:208) 2005/14/EC Art.1pt.1(a) 

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16 

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(cid:208) 72/166/EEC 

(b) 

in cases where no registration is required for a type of vehicle but the vehicle 
bears an insurance plate, or a distinguishing sign analogous to the registration 
plate, the territory of the State in which the insurance plate or the sign is issued; 
or 

(c) 

in cases where neither registration plate nor insurance plate nor distinguishing 
sign is required for certain types of vehicle, the territory of the State in which 
the person who has custody of the vehicle is permanently resident; or 

(cid:208) 2005/14/EC Art. 1 pt 1(b) 

(d) 

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(a) or in Article 10; 

(5) 

(6) 

(7) 

(cid:208) 72/166/EEC 

‘green  card’  means  an  international  certificate  of  insurance  issued  on  behalf  of  a 
national  bureau 
in  accordance  with  Recommendation  No  5  adopted  on 
25 January 1949  by  the  Road  Transport  Sub-committee  of  the  Inland  Transport 
Committee of the United Nations Economic Commission for Europe; 

(cid:208) 2000/26/EC (adapted) 

‘insurance  undertaking’  means  an  undertaking  which  has  received  its  official 
authorisation in accordance with Article 6 or Article 23(2) of Directive 73/239/EEC; 

‘establishment’ means the head office, agency or branch of an insurance undertaking 
as defined in Article 2(c) of Council Directive 88/357/EEC14. 

14 

OJ L 172, 4.7.1988, p. 1. 

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(cid:208) 72/166/EEC (adapted) 
(cid:206)1 72/430/EEC Art. 1 

Article 2 

⌦ Scope ⌫ 

The provisions of Articles ⌦ 4, 6, 7 and 8 apply to vehicles normally based on the territory 
of the Member States ⌫: 

(a) 

(cid:206)1 after  an  agreement  has  been  concluded  between  the  national  insurers'  bureaux 
under  the  terms  of  which  each  national  bureau  guarantees  the  settlement,  in 
accordance with the provisions of national law on compulsory insurance, of claims in 
respect of accidents occurring in its territory, caused by vehicles normally based in 
the territory of a another Member State, whether or not such vehicles are insured;  

(b) 

from  the  date  fixed  by  the  Commission,  upon  its  having  ascertained  in  close 
cooperation with the Member States that such an agreement has been concluded; 

(c) 

for the duration of that agreement. 

Article 3 

⌦ Compulsory insurance of vehicles ⌫ 

Each  Member  State  shall,  subject  to  Article  5,  take  all  appropriate  measures  to  ensure  that 
civil  liability  in  respect  of  the  use  of  vehicles  normally  based  in  its  territory  is  covered  by 
insurance.  

The  extent  of  the  liability  covered  and  the  terms  and  conditions  of  the  cover  shall  be 
determined on the basis of ⌦ the ⌫ measures ⌦ referred to in the first subparagraph ⌫. 

Each Member State shall take all appropriate measures to ensure that the contract of insurance 
also covers: 

(a) 

(b) 

according  to  the  law  in  force  in  other  Member  States,  any  loss  or  injury  which  is 
caused in the territory of those States; 

any  loss  or  injury  suffered  by  nationals  of  Member  States  during  a  direct  journey 
between two territories in which the Treaty is in force, if there is no national insurers' 
bureau responsible for the territory which is being crossed; in that case, the loss or 
injury shall be covered in accordance with the internal laws on compulsory insurance 
in force in the Member State in whose territory the vehicle is normally based. 

The insurance referred to in the first subparagraph shall cover compulsorily both damage to 
property and personal injuries. 

(cid:208) 2005/14/EC Art. 2 

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18 

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(cid:208) 2005/14/EC Art. 1 pt. 2 
(adapted) 

Article 4 

⌦ Checks on insurance ⌫ 

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. 

(cid:208) 72/166/EEC (adapted) 

Article 5 

⌦ Derogation of Compulsory insurance of vehicles ⌫ 

1.  A  Member  State  may  act  in  derogation  of  Article  3  in  respect  of  certain  natural  or  legal 
persons, public or private; the list of such persons shall be drawn up by the State concerned 
and communicated to the other Member States and to the Commission. 

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. 

(cid:208) 2005/14/EC Art. 1 pt. 3(a)(i) 

It  shall  in  particular  designate  an  authority  or  body  in  the  country  where  the  loss  or  injury 
occurs responsible for compensating injured parties in accordance with the laws of that State 
in cases where point (a) of Article 2 is not applicable. 

(cid:208) 72/166/EEC (adapted) 

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

(cid:208) 2005/14/EC Art.1 pt. 3(a)(ii) 

The Commission shall publish the list. 

2. ⌦ A  Member  State  may  act  in  derogation  of  Article  3  in  respect  of ⌫  certain  types  of 
vehicle  or  certain  vehicles  having  a  special  plate;  the  list  of  such  types  or  of  such  vehicles 

(cid:208) 72/166/EEC (adapted) 

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shall be drawn up by the State concerned and communicated to the other Member States and 
to the Commission. 

(cid:208) 2005/14/EC Art. 1 pt. 3(b) 
(adapted) 

In that case Member States shall ensure that vehicles referred to in the first subparagraph are 
treated  in  the  same  way  as  vehicles  for  which  the  insurance  obligation  provided  for  in 
Article 3 has not been satisfied.  

The compensation body referred to in Article 10(1) of the Member State in which the accident 
has  taken  place  shall  then  have  a  claim  against  the  guarantee  fund  provided  for  in  Article 
10(1) in the Member State where the vehicle is normally based. 

⌦ From  11  June  2010 ⌫  Member  States  shall  report  to  the  Commission  on  the 
implementation and practical application of this ⌦ paragraph ⌫. 

The Commission, after having examined these reports, shall, if appropriate, submit proposals 
on the replacement or repeal of this derogation.  

(cid:208) 72/166/EEC (adapted) 

Article 6 

⌦ The national insurers' bureau ⌫ 

Each Member State shall ensure that, where an accident is caused in its territory by a vehicle 
normally based in the territory of another Member State, the national insurers' bureau shall, 
without prejudice to the obligation referred to in Article 2(a), obtain information: 

(a) 

(b) 

as  to  the  territory  in  which  the  vehicle  is  normally  based,  and  as  to  its  registration 
mark, if any; 

in  so  far  as  is  possible,  as  to  the  details  of  the  insurance  of  the  vehicle,  as  they 
normally appear on the green card, which are in the possession of the person having 
custody  of  the  vehicle,  to  the  extent  that  these  details  are  required  by  the  Member 
State in whose territory the vehicle is normally based. 

Each  Member  State  shall  also  ensure  that  the  bureau  communicates ⌦ the ⌫  information 
⌦ referred to in points (a) and (b) ⌫ to the national insurers' bureau of the State in whose 
territory the vehicle ⌦ referred to in the first paragraph ⌫ is normally based. 

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Chapter 2 

⌦ Provisions concerning vehicles normally based in the territory 
of third countries ⌫ 

Article 7 

⌦ National measures concerning vehicles normally based on the territory of third 
countries ⌫ 

Each Member State shall take all appropriate measures to ensure that vehicles normally based 
in the territory of a third country entering the territory in which the Treaty is in force shall not 
be  used  in  its  territory  unless  any  loss  or  injury  caused  by  those  vehicles  is  covered,  in 
accordance  with  the  requirements  of  the  laws  of  the  various  Member  States  on  compulsory 
insurance  against  civil  liability  in  respect  of  the  use  of  vehicles,  throughout  the  territory  in 
which the Treaty is in force. 

Article 8 

⌦ Documentation concerning vehicles normally based in the territory of third 
countries ⌫ 

1. Every vehicle normally based in the territory of a third country must, before entering the 
territory in which the Treaty is in force, be provided either with a valid green card or with a 
certificate  of  frontier  insurance  establishing  that  the  vehicle  is  insured  in  accordance  with 
Article 7. 

However,  vehicles  normally  based  in  a  third  country  shall  be  treated  as  vehicles  normally 
based in the Community if the national bureaux of all the Member States severally guarantee, 
each  in  accordance  with  the  provisions  of  its  own  national  law  on  compulsory  insurance, 
settlement  of  claims  in  respect  of  accidents  occurring  in  their  territory  caused  by  such 
vehicles. 

2. Upon having ascertained, in close cooperation with the Member States, that the obligations 
referred  to  in  paragraph  1,  second  subparagraph,  have  been  assumed,  the  Commission  shall 
fix  the  date  from  which  and  the  types  of  vehicles  for  which  Member  States  shall  no  longer 
require production of the documents referred to in paragraph 1, first subparagraph. 

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(cid:208) 2005/14/EC Art.2 (adapted) 

Chapter 3 

⌦ Minimum amounts covered by compulsory insurance ⌫ 

Article 9 

⌦ Minimum amounts ⌫ 

1.  Without  prejudice  to  any  higher  guarantees  which  Member  States  may  lay  down,  each 
Member  State  shall  require  ⌦ the ⌫  insurance  ⌦ referred  to  in  Article  3 ⌫  to  be 
compulsory at least in respect of the following amounts: 

(a) 

(b) 

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; 

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  ⌦ extending  until 
10 June 2012 at the latest ⌫ within which to adapt their minimum amounts of cover to the 
amounts provided for in the first subparagraph. 

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

⌦ However,  until  the  10  December  2008  at  the  latest ⌫  Member  States  shall  increase 
guarantees to at least a half of the levels provided for in the first subparagraph. 

2. Every five years after ⌦ 11 June 2005 ⌫ or the end of any transitional period as referred 
to  in  paragraph  1,  second  subparagraph,  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 2494/9515. 

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 ⌦ referred to in first subparagraph ⌫, 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. 

15 

OJ L 257, 27.10.1995, p. 1.  

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Chapter 4 

⌦ Compensation for damages caused by an unidentified vehicle 
or a vehicle for which the insurance obligation provided for in 
Article 3 has not been satisfied ⌫ 

Article 10 

⌦ Body responsible for compensation ⌫ 

1.  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 Article 3 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 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 the 
payment  of  compensation  conditional  on  the  victim  establishing  in  any  way  that  the  person 
liable is unable or refuses to pay. 

2. The victim may in any event apply directly to the body 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 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. 

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

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 accordance 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. 

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4.  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. 

(cid:208) 90/232/EEC (adapted) 

Article 11 

⌦ Disputes ⌫ 

In the event of a dispute between the body referred to in Article 10(1) and the civil liability 
insurer as to which must compensate the victim, the Member States shall take the appropriate 
measures so that one of these parties is designated to be responsible in the first instance for 
paying compensation to the victim without delay. 

If it is decided that the other party should have paid all or part of the compensation, that other 
party shall reimburse accordingly the party which has paid. 

Chapter 5 

⌦ Special categories of victim, exclusion clauses, single premium, 
vehicles dispatched from one Member State to another ⌫ 

Article 12 

⌦ Special categories of victim ⌫ 

1. Without prejudice to the second subparagraph of Article 13(1) , the insurance referred to in 
Article  3  shall  cover  liability  for  personal  injuries  to  all  passengers,  other  than  the  driver, 
arising out of the use of a vehicle. 

2. The members of the family of the ⌦ policyholder ⌫, driver or any other person who is 
liable  under  civil  law  in  the  event  of  an  accident,  and  whose  liability  is  covered  by  the 
insurance  referred  to  in  Article  3  shall  not  be  excluded  from  insurance  in  respect  of  their 
personal injuries by virtue of that relationship. 

(cid:208) 84/5/EEC (adapted) 

(cid:208) 2005/14/EC Art. 4 pt. 2 

3. The insurance referred to in Article 3 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. 

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(cid:208) 84/5/EEC (adapted) 

Article 13 

⌦ Exclusion clauses ⌫ 

1. Each Member State shall take ⌦ all appropriate ⌫ measures to ensure that any statutory 
provision or any contractual clause contained in an insurance policy issued in accordance with 
Article  3  shall  be  deemed  to  be  void  in  respect  of  claims  by  third  parties  who  have  been 
victims  of  an  accident  ⌦ where  that  statutory  provision  or  contractual  clause ⌫  excludes 
from insurance the use or driving of vehicles by: 

(a) 

(b) 

(c) 

persons who do not have express or implied authorisation thereto; 

persons who do not hold a licence permitting them to drive the vehicle concerned; 

persons  who  are  in  breach  of  the  statutory  technical  requirements  concerning  the 
condition and safety of the vehicle concerned. 

However  the  provision  or  clause  referred  to  in  the  first  subparagraph,  point  (a)  may  be 
invoked  against  persons  who  voluntarily  entered  the  vehicle  which  caused  the  damage  or 
injury, when the insurer can prove that they knew the vehicle was stolen. 

Member States shall have the option — in the case of accidents occurring on their territory — 
of not applying the provision in the first subparagraph if and in so far as the victim may obtain 
compensation for the damage suffered from a social security body. 

2. In the case of vehicles stolen or obtained by violence, Member States may lay down that 
the  body  specified  in  Article  10(1)  will  pay  compensation  instead  of  the  insurer  under  the 
conditions  set  out  in  paragraph  1  of  this  Article;  where  the  vehicle  is  normally  based  in 
another Member State, that body can make no claim against any body in that Member State. 

The Member States which, in the case of vehicles stolen or obtained by violence, provide that 
the body referred to in Article 10(1) shall pay compensation, may fix in respect of damage to 
property an excess of not more than EUR 250 for which the victim may be responsible. 

(cid:208) 2005/14/EC Art. 4 pt. 1 

3. Member States shall take the necessary measures to ensure that any statutory provision or 
any contractual 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. 

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(cid:208) 90/232/EEC (adapted) 

Article 14 

⌦ Single premium ⌫ 

Member States shall take the necessary steps to ensure that all compulsory insurance policies 
against civil liability arising out of the use of vehicles: 

(a) 

(b) 

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 

(cid:208) 2005/14/EC Art. 4 pt. 3 

guarantee, on the basis of the same single premium, in each Member State, the cover 
required by its law or the cover required by the law of the Member State where the 
vehicle is normally based when that cover is higher. 

(cid:208) 90/232/EEC 

(cid:208) 2005/14/EC Art. 4 pt. 4 
(adapted) 

Article 15 

⌦ Vehicles dispatched from one Member State to another ⌫ 

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 10(1) in the 
Member State of destination shall be liable for the compensation provided for in Article 9. 

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Chapter 6 

⌦ Statement, franchises, direct action ⌫ 

Article 16 

⌦ Statement relating to the third party liability claims ⌫ 

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 compulsory insurance or to supply such statements, shall provide this statement to the 
policyholder within 15 days of the request. 

Article 17 

⌦ Franchises ⌫ 

Insurance undertakings shall not rely on excesses against the injured party to an accident as 
far as the insurance referred to in Article 3 is concerned. 

Article 18 

⌦ Direct right of action ⌫ 

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

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Chapter 7 

⌦ Settlement of claims arising from any accident caused by a 
vehicle covered by insurance as referred to in Article 3 ⌫ 

Article 19 

⌦ Procedure for the settlement of claims ⌫ 

Member States shall establish the procedure ⌦ referred to ⌫ in Article 22 for the settlement 
of claims arising from any accident caused by a vehicle covered by insurance as referred to in 
Article 3. 

In  the  case  of  accidents  which  may  be  settled  by  the  system  of  national  insurers'  bureaux 
provided for in Article 2 Member States shall establish the same procedure as in Article 22.  

For  the  purpose  of  applying  this  procedure,  any  reference  to  insurance  undertaking  shall  be 
understood as a reference to national insurers' bureaux. 

(cid:208) 2000/26/EC (adapted) 

Article 20 

⌦ Special provisions concerning compensation for injured parties following an accident 
in a Member State other than that of their residence ⌫  

1. The objective of ⌦ Articles 20 to 26 are ⌫ to lay down special provisions applicable to 
injured  parties  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 which are caused by the use of vehicles insured and normally based in a Member State. 

Without  prejudice  to  the  legislation  of  third  countries  on  civil  liability  and  private 
international  law,  ⌦ these  provisions ⌫  shall  also  apply  to  injured  parties  resident  in  a 
Member  State  and  entitled  to  compensation  in  respect  of  any  loss  or  injury  resulting  from 
accidents occurring in third countries whose national insurer's bureaux have joined the Green 
Card system whenever such accidents are caused by the use of vehicles insured and normally 
based in a Member State. 

2. Articles 21 and 24 shall apply only in the case of accidents caused by the use of a vehicle: 

(a) 

(b) 

insured through an establishment in a Member State other than the State of residence 
of the injured party; and 

normally  based  in  a  Member  State  other  than  the  State  of  residence  of  the  injured 
party. 

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Article 21 

Claims representatives 

1.  Each  Member  State  shall  take  all  measures  necessary  to  ensure  that  all  insurance 
undertakings  covering  the  risks  classified  in  class  10  of  point  A  of  the  Annex  to 
Directive 73/239/EEC,  other  than  carrier's  liability,  appoint  a  claims  representative  in  each 
Member State other than that in which they have received their official authorisation. 

The claims representative shall be responsible for handling and settling claims arising from an 
accident in the cases referred to in Article 20(1).  

The  claims  representative  shall  be  resident  or  established  in  the  Member  State  where  he  is 
appointed. 

2.  The  choice  of  its  claims  representative  shall  be  at  the  discretion  of  the  insurance 
undertaking.  

The Member States may not restrict this choice. 

3. The claims representative may work for one or more insurance undertakings. 

4. The claims representative shall, in relation to such claims, collect all information necessary 
in  connection  with  the  settlement  of  the  claims  and  shall  take  the  measures  necessary  to 
negotiate a settlement of claims.  

The  requirement  of  appointing  a  claims  representative  shall  not  preclude  the  right  of  the 
injured party or his insurance undertaking to institute proceedings directly against the person 
who caused the accident or his insurance undertaking. 

5.  Claims  representatives  shall  possess  sufficient  powers  to  represent  the  insurance 
undertaking in relation to injured parties in the cases referred to in Article 20(1) and to meet 
their claims in full.  

They must be capable of examining cases in the official language(s) of the Member State of 
residence of the injured party. 

(cid:208) 2005/14/EC Art. 5 pt. 2 
(adapted) 

6.  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  Regulation  (EC) 
No 44/2001. 

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(cid:208) 2000/26/EC (adapted) 

Article 22 

⌦ Compensation procedure ⌫ 

The  Member  States  shall  create  a  duty,  backed  by  appropriate,  effective  and  systematic 
financial or equivalent administrative penalties, to the effect that, within three months of the 
date  when  the  injured  party  presented  his  claim  for  compensation  either  directly  to  the 
insurance undertaking of the person who caused the accident or to its claims representative, 

(a) 

(b) 

the  insurance  undertaking  of  the  person  who  caused  the  accident  or  his  claims 
representative is required to make a reasoned offer of compensation in cases where 
liability is not contested and the damages have been quantified; or 

the insurance undertaking to whom the claim for compensation has been addressed 
or his claims representative is required to provide a reasoned reply to the points made 
in the claim in cases where liability is denied or has not been clearly determined or 
the damages have not been fully quantified. 

Member  States  shall  adopt  provisions  to  ensure  that  where  the  offer  is  not  made  within  the 
three-month  time-limit,  interest  shall  be  payable  on  the  amount  of  compensation  offered  by 
the insurance undertaking or awarded by the court to the injured party. 

Article 23 

Information centres 

1.  ⌦ In  order ⌫  of  allowing  the  injured  party  to  seek  compensation,  each  Member  State 
shall establish or approve an information centre responsible: 

(a) 

for keeping a register containing the following information: 

(i) 

the  registration  numbers  of  motor  vehicles  normally  based  in  the  territory  of 
the State in question; 

(ii). 

(iii) 

the numbers of the insurance policies covering the use of those vehicles for the 
risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, 
other than carrier's liability, and where the period of validity of the policy has 
expired, also the date of termination of the insurance cover; 

insurance  undertakings covering  the  use  of  vehicles  for  the  risks  classified  in 
class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier's 
liability, and claims representatives appointed by such insurance undertakings 
in accordance with Article 21 of this Directive whose names shall be notified 
to the information centre in accordance with paragraph 2 of this Article; 

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30 

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(iv) 

the list of vehicles which, in each Member State, benefit from the derogation 
from  the  requirement  for  civil  liability  insurance  cover  in  accordance  with 
Article 5(1) and (2) ; 

(v) 

regarding the vehicles provided for in point (iv): 

– 

– 

the  name  of  the  authority  or  the  body  designated  in  accordance  with 
Article  5(1)  third  subparagraph  as  responsible  for  compensating  injured 
parties in the cases where the procedure provided for in Article 2(2)(a) is 
not applicable, if the vehicle benefits from the derogation provided for in 
Article 5(1) first subparagraph; 

the name of the body covering the vehicle in the Member State where it 
is normally based if the vehicle benefits from the derogation provided for 
in Article 5(2) ; 

(b) 

(c) 

or for coordinating the compilation and dissemination of that information; 

and  for  assisting  entitled  persons  to  be  apprised  of  the  information  mentioned  in 
points (a)(i) to (v). 

The information under points (a)(i), (ii) and (iii) must be preserved for a period of seven years 
after  the  termination  of  the  registration  of  the  vehicle  or  the  termination  of  the  insurance 
contract. 

2.  Insurance  undertakings  referred  to  in  paragraph  1(a)(iii)  shall  notify  to  the  information 
centres  of  all  Member  States  the  name  and  address  of  the  claims  representative  which  they 
have appointed in accordance with Article 21 in each of the Member States. 

3. The Member States shall ensure that the injured party is entitled for a period of seven years 
after  the  accident  to  obtain  without  delay  from  the  information  centre  of  the  Member  State 
where he resides, the Member State where the vehicle is normally based or the Member State 
where the accident occurred the following information: 

(a) 

(b) 

(c) 

the name and address of the insurance undertaking; 

the number of the insurance policy; and 

the  name  and  address  of  the  insurance  undertaking's  claims  representative  in  the 
State of residence of the injured party. 

Information centres shall cooperate with each other. 

4.  The  information  centre  shall  provide  the  injured  party  with  the  name  and  address  of  the 
owner  or  usual  driver  or  the  registered  keeper  of  the  vehicle  if  the  injured  party  has  a 
legitimate  interest  in  obtaining  this  information.  For  the  purposes  of  this  provision,  the 
information centre shall address itself in particular: 

(a) 

(b) 

to the insurance undertaking; or 

to the vehicle registration agency. 

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If the vehicle benefits from the derogation provided for in Article 5(1) first subparagraph the 
information  centre  shall  inform  the  injured  party  of  the  name  of  the  authority  or  body 
designated in accordance with the second subparagraph of Article 5(1) third subparagraph as 
responsible  for  compensating  injured  parties  in  cases  where  the  procedure  provided  for  in 
Article 2(a) is not applicable. 

If the vehicle benefits from the derogation provided for in Article 5(2) the information centre 
shall  inform  the  injured  party  of  the  name  of  the  body  covering  the  vehicle  in  the  country 
where it is normally based. 

(cid:208) 2005/14/EC Art. 4 pt. 5 
(adapted) 

5.  Member  States  shall  ensure  that,  without  prejudice  to  their  obligations  under ⌦ (1)  and 
(4) ⌫ the information centres  provide the  information specified in ⌦ these paragraphs ⌫ 
to  any  party  involved  in  any  traffic  accident  caused  by  a  vehicle  covered  by  insurance  as 
referred to in Article 3. 

6. The processing of personal data resulting from paragraphs ⌦ 1 to 5 ⌫ must be carried out 
in accordance with national measures taken pursuant to Directive 95/46/EC. 

(cid:208) 2000/26/EC (adapted) 

Article 24 

Compensation bodies 

1.  Each  Member  State  shall  establish  or  approve  a  compensation  body  responsible  for 
providing compensation to injured parties in the cases referred to in Article 20(1). 

Such injured parties may present a claim to the compensation body in their Member State of 
residence: 

(a) 

(b) 

if,  within  three  months  of  the  date  when  the  injured  party  presented  his  claim  for 
compensation to the insurance undertaking of the vehicle the use of which caused the 
accident  or  to  its  claims  representative,  the  insurance  undertaking  or  its  claims 
representative has not provided a reasoned reply to the points made in the claim; or 

if  the  insurance  undertaking  has  failed  to  appoint  a  claims  representative  in  the 
Member State of residence of the injured party in accordance with Article 20(1); in 
this  case,  injured  parties  may  not  present a claim to the compensation body if they 
have presented a claim for compensation directly to the insurance undertaking of the 
vehicle  the  use  of  which  caused  the  accident  and  if  they  have  received  a  reasoned 
reply within three months of presenting the claim. 

Injured parties may not however present a claim to the compensation body if they have taken 
legal action directly against the insurance undertaking. 

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The  compensation  body  shall  take  action  within  two  months  of  the  date  when  the  injured 
party  presents  a  claim  for  compensation  to  it  but  shall  terminate  its  action  if  the  insurance 
undertaking, or its claims representative, subsequently makes a reasoned reply to the claim. 

The compensation body shall immediately inform: 

(a) 

(b) 

the insurance undertaking of the vehicle the use of which caused the accident or the 
claims representative; 

the  compensation  body  in  the  Member  State  of  the  insurance  undertaking's 
establishment which issued the policy; 

(c) 

if known, the person who caused the accident, 

that it has received a claim from the injured party and that it will respond to that claim within 
two months of the presentation of that claim. 

This  provision  shall  be  without  prejudice  to  the  right  of  the  Member  States  to  regard 
compensation by that body as subsidiary or non-subsidiary and the right to make provision for 
the settlement of claims between that body and the person or persons who caused the accident 
and other insurance undertakings or social security bodies required to compensate the injured 
party  in  respect  of  the  same  accident.  However,  Member  States  may  not  allow  the  body  to 
make  the  payment  of  compensation  subject  to any  conditions  other  than  those  laid  down  in 
this Directive, in particular the injured party's establishing in any way that the person liable is 
unable or refuses to pay. 

2. The compensation body which has compensated the injured party in his Member State of 
residence shall be entitled to claim reimbursement of the sum paid by way of compensation 
from  the  compensation  body  in  the  Member  State  of  the  insurance  undertaking's 
establishment which issued the policy. 

The latter body shall be subrogated to the injured party in his rights against the person who 
caused  the  accident  or  his  insurance  undertaking  in  so  far  as  the  compensation  body  in  the 
Member  State  of  residence  of  the  injured  party  has  provided  compensation  for  the  loss  or 
injury suffered.  

Each Member State is obliged to acknowledge this subrogation as provided for by any other 
Member State. 

3. This Article shall take effect: 

(a) 

(b) 

after an agreement has been concluded between the compensation bodies established 
or approved by the Member States relating to their functions and obligations and the 
procedures for reimbursement; 

from  the  date  fixed  by  the  Commission  upon  its  having  ascertained  in  close 
cooperation with the Member States that such an agreement has been concluded. 

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Article 25 

⌦ Compensation ⌫ 

1. If it is impossible to identify the vehicle or if, within two months ⌦ of the date of ⌫ the 
accident,  it  is  impossible  to  identify  the  insurance  undertaking,  the  injured  party  may  apply 
for  compensation  from  the  compensation  body  in  the  Member  State  where  he  resides.  The 
compensation shall be provided in accordance with the provisions of Articles 9 and 10. The 
compensation body shall then have a claim, on the conditions laid down in Article 24(2): 

(a) 

(b) 

(c) 

where  the  insurance  undertaking  cannot  be  identified:  against  the  guarantee  fund 
provided  for  in  Article  10(1)  in  the  Member  State  where  the  vehicle  is  normally 
based; 

in  the  case  of  an  unidentified  vehicle:  against  the  guarantee  fund  referred  to  in 
Article 10(1) in the Member State in which the accident took place; 

in  the  case  of  third-country  vehicles:  against  the  guarantee  fund  referred  to  in 
Article 10(1) of the Member State in which the accident took place. 

2. This Article shall apply to accidents caused by third-country vehicles covered by Articles 7 
and 8. 

(cid:208) 2000/26/EC Art. 1 (adapted) 

(cid:208) 2005/14/EC Art. 5 pt. 4 

Article 26 

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. 

(cid:208) 2000/26/EC (adapted) 

Article 27 

Penalties 

The  Member  States  shall  fix  penalties  for  breaches  of  the  national  provisions  which  they 
adopt  in  implementation  of  this  Directive  and  take  the  steps  necessary  to  secure  their 
application. The penalties shall be effective, proportional and dissuasive. The Member States 

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shall notify to the Commission any amendments ⌦ concerning provisions adopted pursuant 
to this Article ⌫ as soon as possible. 

Chapter 8 

⌦ Final provisions ⌫ 

Article 28 

⌦ National provisions ⌫ 

1. 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. 

2.  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions  of 
domestic law which they adopt in the field governed by this Directive. 

(cid:208)  

Article 29 

Implementation 

Directives 72/166/EEC, 84/5/EEC, 90/232/EEC, 2000/26/EC and 2005/14/EC, as amended by 
the Directives listed in Annex I, Part A, are repealed, without prejudice to the obligations of 
the  Member  States  relating  to  the  time-limits  for  transposition  into  national  law  and 
application of the Directives set out in Annex I, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex II. 

Article 30 

Entry into force 

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

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Article 31 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…]

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(cid:207) 

ANNEX I 

Part A 

Repealed Directive with list of its successive amendments  
(referred to in Article 29) 

Council Directive 72/166/EEC 
(OJ L 103, 2.5.1972, p. 1) 

Council Directive 72/430/EEC 
(OJ L 291, 28.12.1972, p. 162) 

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

Directive 2005/14/EC of the European 
Parliament and Council 
(OJ L 149, 11.6.2005, p. 14) 

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

Annex I, point IX.F of the 1985 Act of 
Accession 
(OJ L 302, 15.11.1985, p. 218) 

Council Directive 90/232/EEC 
(OJ L 8, 19.5.1990, p. 33) 

Directive 2005/14/EC of the European 
Parliament and Council 
(OJ L 149, 11.6.2005, p. 14) 

Council Directive 90/232/EEC 
(OJ L 8, 19.5.1990, p. 33) 

Only Article 4 

Only Article 1 

Only Article 4 

Only Article 2 

Directive 2005/14/EC of the European 
Parliament and Council 
(OJ L 149, 11.6.2005, p. 14) 

Only Article 4 

Directive 2000/26/EC of the European Parliament 
and Council 
(OJ L 181, 20.7.2000, p. 65) 

Directive 2005/14/EC of the European 
Parliament and Council 
(OJ L 149, 11.6.2005, p. 14) 

Only Article 5 

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Directive 2005/14/EC of the European Parliament 
and Council 
(OJ L 149, 11.6.2005, p. 14) 

Part B 

List of time-limits for transposition into national law [and application] 
(referred to in Article 29) 

Directive 

Time-limit for transposition 

Date of application 

72/166/EEC 

72/430/EEC 

84/5/EEC 

90/232/EEC 

2000/26/EC 

2005/14/EC 

31 December 1973 

— 

— 

1 January 1988 

31 December 1987 

31 December 1988 

31 December 1992 

— 

19 July 2002 

11 June 2007 

19 January 2003 

— 

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ANNEX II 

CORRELATION TABLE 

Directive 
72/166/EEC 

Directive 
84/5/EEC 

Directive 
90/232/EEC 

Directive 
2000/26/EC 

This Directive 

Article 1(1) to 
(3) 

Article 1(4), first 
indent 

Article 1(4), 
second indent  

Article 1(4), 
third indent 

Article 1(4), 
fourth indent 

Article 1(5) 

Article 2(1) 

Article 2(2), 
introductory 
words 

Article 2(2), first 
indent 

Article 2(2), 
second indent 

Article 2(2), 
third indent 

Article 3(1), first 
sentence 

Article 3(1), 
second sentence 

Article 3(2), 
introductory 
words 

Article 3(2), first 
indent 

Article 1(1) to (3) 

Article 1(4)(a) 

Article 1(4)(b) 

Article 1(4)(c) 

Article 1(4)(d) 

Article 1(5) 

Article 4 

Article 2, 
introductory words 

Article 2(a) 

Article 2(b) 

Article 2(c) 

Article 3, first 
subparagraph 

Article 3, second 
subparagraph 

Article 3, third 
subparagraph, 
introductory words 

Article 3, third 
subparagraph, (a) 

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Article 3(2), 
second indent 

Article 4, 
introductory 
words 

Article 4(a), first 
subparagraph 

Article 4(a), 
second 
subparagraph, 
first sentence 

Article 4(a), 
second 
subparagraph, 
second sentence 

Article 4(a), 
second 
subparagraph, 
third sentence 

Article 4(a), 
second 
subparagraph, 
fourth sentence 

Article 4(b), first 
subparagraph 

Article 4(b), 
second 
subparagraph, 
first sentence 

Article 4(b), 
second 
subparagraph, 
second sentence 

Article 4(b), 
third 
subparagraph, 
first sentence 

Article 3, third 
subparagraph, (b) 

Article 5(1), first 
subparagraph 

Article 5(1), first 
subparagraph 

Article 5(1), second 
subparagraph 

Article 5(1), third 
subparagraph 

Article 5(1), fourth 
subparagraph 

Article 5(1), fifth 
subparagraph 

Article 5(2), first 
subparagraph 

Article 5(2), second 
subparagraph 

Article 5(2), third 
subparagraph 

Article 5(2), fourth 
subparagraph 

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Article 4(b), 
third 
subparagraph, 
second sentence 

Article 5, 
introductory 
words 

Article 5, first 
indent 

Article 5, second 
indent 

Article 5, last 
words 

Article 6 

Article 7(1) 

Article 7(2) 

Article 7(3) 

Article 8 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 1(4) 

Article 1(5) 

Article 1(6) 

Article 1(7) 

Article 2(1), first 
subparagraph, 
introductory 
words 

Article 2(1), first 
indent 

Article 5(2), fifth 
subparagraph 

Article 6, first 
subparagraph, 
introductory words 

Article 6, first 
subparagraph, (a) 

Article 6, first 
subparagraph, (b) 

Article 6, second 
subparagraph 

Article 7 

Article 8(1), first 
subparagraph 

Article 8(1), second 
subparagraph 

Article 8(2) 

- 

Article 3, fourth 
subparagraph 

Article 9(1) 

Article 9(2) 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 10(4) 

Article 13(1), first 
subparagraph, 
introductory words 

Article 13(1), first 
subparagraph, (a) 

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Article 2(1), 
second indent 

Article 2(1), third 
indent 

Article 2(1), first 
subparagraph, 
final words 

Article 2(1), 
second and third 
subparagraphs 

Article 2(2) 

Article 3 

Article 4 

Article 5 

Article 6 

Article 1, first 
subparagraph 

Article 1, second 
subparagraph 

Article 1, third 
subparagraph 

Article 1a, first 
sentence 

Article 1a, second 
sentence 

Article 2, 
introductory 
words 

Article 2, first 
indent 

Article 2, second 
indent 

Article 3 

Article 13(1), first 
subparagraph, (b) 

Article 13(1), first 
subparagraph, (c) 

Article 13(1), first 
subparagraph, 
introductory words 

Article 13(1), 
second and third 
subparagraphs 

Article 13(2) 

Article 12(2) 

- 

- 

- 

Article 12(1) 

Article 13(3) 

- 

Article 12(3), first 
subparagraph 

Article 12(3), 
second 
subparagraph 

Article 14, 
introductory words 

Article 14 (a) 

Article 14 (b) 

- 

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Article 4 

Article 4a 

Article 4b, first 
sentence 

Article 4b, second 
sentence 

Article 4c 

Article 11 

Article 15 

Article 16, first 
subparagraph 

Article 16, second 
subparagraph 

Article 17 

Article 4d 

Article 3 

Article 18 

Article 4e, first 
subparagraph 

Article 4e, second 
subparagraph, first 
sentence 

Article 4e, second 
subparagraph, 
second sentence 

Article 5(1) 

Article 5(2) 

Article 6 

Article 19, first 
subparagraph 

Article 19, second 
subparagraph 

Article 19, third 
subparagraph 

Article 23(5) 

- 

-  

Article 1(1) 

Article 20(1) 

Article 1(2) 

Article 20(2) 

Article 1(3) 

Article 25(2) 

Article 2, 
introductory 
words 

- 

Article 2(a) 

Article 1 (6) 

Article 2 (b) 

Article 1 (7) 

Article 2(c), (d) 
and (e) 

- 

Article 4(1), first 
sentence 

Article 21(1), first 
subparagraph 

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Article 4(1), 
second sentence 

Article 21(1), 
second 
subparagraph 

Article 4(1), third 
sentence 

Article 21(1), third 
subparagraph 

Article 4(2), first 
sentence 

Article 21(2), first 
subparagraph 

Article 4(2), 
second sentence 

Article 21(2), 
second 
subparagraph 

Article 4(3) 

Article 21(3) 

Article 4(4), first 
sentence 

Article 21(4), first 
subparagraph 

Article 4(4), 
second sentence 

Article 21(4), 
second 
subparagraph 

Article 4(5), first 
sentence 

Article 21(5), first 
subparagraph 

Article 4(5), 
second sentence 

Article 21(5), 
second 
subparagraph 

Article 4(6) 

Article 22 

Article 4(7) 

- 

Article 4(8) 

Article 21(6) 

Article 5(1), first 
subparagraph, 
introductory 
words 

Article 5(1), first 
subparagraph, 
(a), introductory 
words 

Article 23(1), first 
subparagraph, 
introductory words 

Article 23(1), first 
subparagraph, (a), 
introductory words 

Article 5(1), first 
subparagraph, (a) 
(1) 

Article 23(1), first 
subparagraph, (a) 
(i) 

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Article 5(1), first 
subparagraph, (a) 
(2) 

Article 23(1), first 
subparagraph, (a) 
(ii) 

Article 5(1), first 
subparagraph, (a) 
(3) 

Article 23(1), first 
subparagraph, (a) 
(iii) 

Article 5(1), first 
subparagraph, (a) 
(4) 

Article 23(1), first 
subparagraph, (a) 
(iv) 

Article 5(1), first 
subparagraph, (a) 
(5), introductory 
words 

Article 23(1), first 
subparagraph, (a) 
(v), introductory 
words 

Article 5(1), first 
subparagraph, (a) 
(5)( i) 

Article 23(1), first 
subparagraph, point 
(a) (v), first indent 

Article 5(1), first 
subparagraph, (a) 
(5)( ii) 

Article 23(1), first 
subparagraph, (a) 
(v), second indent 

Article 5(1), 
second 
subparagraph 

Article 23(1), 
second 
subparagraph 

Article 5(2), (3) 
and (4) 

Article 23(2), (3) 
and (4) 

Article 5(5) 

Article 23(6) 

Article 6(1) 

Article 24(1) 

Article 6(2), first 
subparagraph 

Article 24(2), first 
subparagraph 

Article 6(2), 
second 
subparagraph, 
first sentence 

Article 6(2), 
second 
subparagraph, 
second sentence 

Article 24(2), 
second 
subparagraph 

Article 24(2), third 
subparagraph 

Article 6(3), first 
subparagraph 

Article 24(3) 

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Article 6(3), 
second 
subparagraph 

- 

Article 6a 

Article 26 

Article 7, first, 
second and third 
sentences and 
introductory 
words 

Article 7(a) 

Article 7(b) 

Article 7(c) 

Article 8 

Article 9 

Article 10(1) to 
(3) 

Article 25(1), first 
subparagraph, 
introductory words 

Article 25(1), first 
subparagraph, (a) 

Article 25(1), first 
subparagraph, (b) 

Article 25(1), first 
subparagraph, (c) 

- 

- 

- 

Article 10(4) 

Article 28(1) 

Article 10(5) 

Article 28(2) 

Article 29 

Article 11 

Article 30 

Article 12 

Article 27 

Article 9 

Article 7 

Article 7 

Article 13 

Article 31 

Annexe I 

Annexe II 

_____________ 

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