RECOMMENDATION FOR SECOND READING on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles

17.12.2004 - (16182/2003 – C6‑0112/2004 – 2002/0124(COD)) - ***II

Committee on the Internal Market and Consumer Protection
Rapporteur: Manuel Medina Ortega

Amendments

• 001-015 (PDF - 124 KB)
• 001-015 (DOC - 47 KB)
• 016-016 (PDF - 91 KB)
• 016-016 (DOC - 50 KB)
• 017-020 (PDF - 114 KB)
• 017-020 (DOC - 126 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles

(16182/2003 – C6‑0112/2004 – 2002/0124(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16182/2003 – C6‑0112/2004),

–   having regard to its position at first reading[1] on the Commission proposal to Parliament and the Council (COM(2002)0244)[2],

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

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

–   having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6‑0073/2004),

1.  Amends the common position as follows;

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

Council common position	Amendments by Parliament
Amendment 1 RECITAL 3 A (new)
	(3a) Claims for damages arising from an accident caused by a vehicle with a trailer often fail because, although the trailer number plate is known, neither the towing motor vehicle nor its insurer can be identified. Hence there is a need to harmonise the relevant provisions in the Member States and treat a trailer as equivalent to a motor vehicle. For this purpose a definition of trailer is required.
Amendment 2 RECITAL 7 A (new)
	(7a) The necessary and appropriate costs of legal proceedings (legal advice, medical and technical experts, legal costs) should, as a minimum, be reimbursed where damage arises from an accident falling within the scope of Directive 2000/26/EC.
Justification
In the case of accidents which fall within the scope of Directive 2000/26/EC (accidents in another country), it is incontestable that legal assistance, expert knowledge and possibly the expense of enforcing an entitlement through the courts may be required. If these costs are necessary and appropriate, they incontestably form part of the material damage, as the injured party would not have incurred them but for the event which caused the damage, the accident. They should therefore be reimbursed.
Amendment 3 RECITAL 10
(10) Member States' obligations to guarantee insurance cover at least in respect of certain minimum amounts constitute an important element in ensuring the protection of the victims. The minimum amounts provided for by Directive 84/5/EEC should not only be updated to take account of inflation, but should be increased in real terms to improve the protection of victims. With a view to facilitating the introduction of these minimum amounts, a transitional period of five years from the implementation date of this Directive should be established. Member States should increase the amounts to at least a half of the levels within thirty months of the implementation date.	(10) Member States' obligations to guarantee insurance cover beyond certain minimum amounts constitute an important element in ensuring the protection of the victims. The minimum amounts provided for in Directive 84/5/EEC should not only be updated to take account of inflation but should be increased in real terms, to improve the protection of victims. The minimum amount of cover for personal injury should be calculated so as to compensate fully and fairly all victims who have suffered very serious injuries, whilst taking into account the low frequency of accidents involving several victims and the small number of accidents in which several victims suffer very serious injuries in the course of one and the same event. A minimum amount of cover of EUR 1 000 000 per victim and EUR 5 000 000 per event, regardless of the number of victims, is a reasonable and adequate amount. With a view to facilitating the introduction of these minimum amounts, a transitional period of five years from the implementation date of this Directive should be established. Member States should increase the amounts to at least a half of the levels within thirty months of the implementation date.
Amendment 4 RECITAL 18
(18) Steps should be taken to make it easier to obtain insurance cover for vehicles imported from one Member State into another, even though the vehicle is not yet registered in the Member State of destination. A temporary derogation from the general rule determining the Member State where the risk is situated should be introduced. For a period of thirty days from the date when the vehicle is delivered, made available or dispatched to the purchaser, the Member State of destination should be considered to be the Member State where the risk is situated.	(18) Steps should be taken to make it easier to obtain insurance cover for vehicles imported from one Member State into another, even though the vehicle is not yet registered in the Member State of destination. A temporary derogation from the general rule determining the Member State where the risk is situated should be made available. For a period of thirty days from the date when the vehicle is delivered, made available or dispatched to the purchaser, the Member State of destination should be considered to be the Member State where the risk is situated.
Amendment 5 RECITAL 23 A (new)
	(23a) A trailer represents an independent source of danger from that constituted by the towing vehicle. Hence it would seem justified to treat a trailer as equivalent to a motor vehicle for the purposes of all provisions, including those relating to compulsory cover.
Amendment 6 RECITAL 23 B (new)
	(23b) 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 matters1, injured parties may bring legal proceedings against the civil liability insurance provider in the Member State in which they are domiciled.
	1 OJ L 12, 16.1.2001, p. 1. Regulation amended by Commission Regulation (EC) No 1496/2002 (OJ L 225, 22.8.2002, p. 13).
Amendment 7 RECITAL 23 C (new)
	(23a) In several Member States accident reports prepared by the police, the legal authorities or other authorities are only made available to victims and insurers at a later stage, if at all, which delays the settlement of claims and leads to additional costs. The creation of a public internet site as a central repository where all interested parties may access these documents might be the best solution for those Member States.

Amendment 8

ARTICLE 1, POINT -1 (new)

Article 1, point 1 (Directive 72/166/EEC)

	-1) In Article 1, point 1 shall be replaced by the following:
	“For the purposes of this Directive:
	1. ‘vehicle’ means any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails;
	1a. ‘trailer’ means any caravan or single- or multiple-axle trailer of a permitted maximum weight of more than 750 kg that is intended to be towed by a vehicle, whether or not coupled;”

Amendment 9 ARTICLE 2 Article 1, paragraph 1 (Directive 84/5/EEC)
1. The insurance referred to in Article 3(1) of Directive 72/166/EEC shall cover compulsorily both damage to property and personal injuries.	1. The insurance referred to in Article 3(1) of Directive 72/166/EEC shall cover damage to property, personal injuries and also, where damage arises from an accident falling within the scope of Directive 2000/26/EC, the necessary and appropriate costs of legal proceedings.
Justification
In the case of accidents which fall within the scope of Directive 2000/26/EC (accidents in another country), it is incontestable that legal assistance, expert knowledge and possibly the expense of enforcing an entitlement through the courts may be required. If these costs are necessary and appropriate, they incontestably form part of the material damage, as the injured party would not have incurred them but for the event which caused the damage, the accident. They should therefore be reimbursed.
Amendment 10 ARTICLE 2 Article 1, paragraphs 2 and 3 (Directive 84/5/EEC)
2. Without prejudice to any higher guarantees which Member States may lay down, each Member State shall require insurance to be compulsory at least in respect of the following amounts:	2. Without prejudice to any higher guarantees which Member States may lay down, each Member State shall require insurance to be compulsory at least in respect of the following amounts:
(a) in the case of personal injury, EUR 1 000 000 per victim; Member States may, in place of such amount, provide for a minimum amount of EUR 5 000 000 per claim, whatever the number of victims;	(a) in the case of personal injury, a minimum amount of cover of EUR 1 000 000 per victim and EUR 5 000 000 per event, whatever the number of victims;
(b) in the case of damage to property, EUR 1 000 000 per claim, whatever the number of victims.	(b) in the case of damage to property, EUR 1 000 000 per claim, whatever the number of victims.
Member States shall have a transitional period of five years from the implementation date of Directive 2004/.../EC+ of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles*, within which to increase guarantees up to the levels requested by this paragraph.	If necessary, Member States may establish a transitional period of up to five years from the date of implementation of Directive 2004/.../EC+ of the European Parliament and of the Council amending Council Directives 72/166/EC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles* within which to adapt their minimum amounts of cover to the amounts provided for in this paragraph.
	Member States establishing such a transitional period shall inform the Commission thereof and indicate the duration of the transitional period.
Within 30 months of the implementation date of Directive 2004/.../EC+ Member States shall increase guarantees to at least a half of the levels provided for in this paragraph.	Within 30 months of the implementation date of Directive 2004/.../EC+ Member States shall increase guarantees to at least a half of the levels provided for in this paragraph.
3. The amounts referred to in paragraph 2 shall be reviewed every five years in order to take account of changes in the European Index of Consumer Prices (EICP), as set out in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices**. The first review shall take place five years from the entry into force of Directive 2004/…/EC.+	3. Every five years after the entry into force of Directive 2004/ EC + or the end of any transitional period as referred to in paragraph 2, the amounts referred to in that paragraph shall be reviewed, in line with the European Index of Consumer Prices (EICP), as set out in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices**.
Amendment 11 ARTICLE 4, POINT 4 Article 4 a, paragraph 1 (Directive 90/232/EEC)
1. By way of derogation from the second indent of Article 2(d) of Directive 88/357/EEC *, where a vehicle is imported 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 the date when the vehicle has been delivered, made available or dispatched to the purchaser for a maximum period of thirty days, even though the vehicle has not formally been registered in the Member State of destination.	1. By way of derogation from the second indent of Article 2(d) of Directive 88/357/EEC, where a vehicle is despatched 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.
Amendment 12 ARTICLE 5, POINT –1 (new) Recital 16a (new) (Directive 2000/26/EC)
	-1) The following recital 16a shall be inserted:
	“(16a) Under Article 11(2) read in conjunction with Article 9(1)(b) of Regulation (EC) No 44/2001*, injured parties may bring legal proceedings against the civil liability insurance provider in the Member State in which they are domiciled.
	__________________________
	* OJ L 12, 16.1.2001, p. 1.”

Amendment 13

ARTICLE 5, POINT –1A (new)

Article 4, paragraph 6, point (a) (Directive 2000/26/EC)

	-1). Article 4,paragraph 6, point (a) shall be replaced by the following:
	“(a) the insurance undertaking of the person who caused the accident or his claims representative shall be required to make a reasoned offer of compensation that shall include reimbursement of the necessary and appropriate costs of pursuing the claim in cases where liability is not contested and the damages have been quantified, or”;

Amendment 14 ARTICLE 5, POINT 2 A (new) Article 6a (new) (Directive 2000/26/EEC)
	2a) A new Article 6a shall be inserted as follows:
	"Article 6a
	Central body
	Member States shall take all appropriate measures to establish a public internet site on which all traffic-accident reports filed by police services and emergency services are deposited and, when they are released to the judicial authorities, made available to the public. Details of the internet site shall be made available to all interested parties.".
Amendment 15 ARTICLE 5 A (new)
	Article 5 a
	Application to trailers
	The provisions relating to motor vehicles of Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and 2000/26/EC shall apply mutatis mutandis to trailers.

• [1]  P5_TA(2003)0446.
• [2]  OJ C 227 E, 24.9.2002, p. 387.

PROCEDURE

Title	Council common position for adopting a directive of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and European Parliament and Council Directive 2000/26/EC relating to insurance against civil liability in respect of the use of motor vehicles
References	16182/2003 – C6‑0112/2004 – 2002/0124(COD)
Legal basis	Articles 47(11), 55, and 95(1)
Basis in Rules of Procedure	Rule 62
Date of Parliament’s first reading – P[5]	22.11.2003		P5_TA(2002)0345
Commission proposal	COM(2002)0244 – C5-0296/2002
Amended Commission proposal	COM(2004)0351
Date receipt of common position announced in plenary	16.9.2004
Committee responsible   Date announced in plenary	IMCO 16.9.2004
Rapporteur(s)   Date appointed	Manuel Medina Ortega 31.8.2004
Previous rapporteur(s)	Willi Rothley
Discussed in committee	27.9.2004	6.10.2004				26.10.2004	23.11.2004
Date adopted	14.12.2004
Result of final vote	for: against: abstentions:			35 0 1
Members present for the final vote	Mercedes Bresso, Charlotte Cederschiöld, Mia De Vits, Bert Doorn, Janelly Fourtou, Evelyne Gebhardt, Małgorzata Handzlik, Malcolm Harbour, Anneli Jäätteenmäki, Pierre Jonckheer, Henrik Dam Kristensen, Alexander Lambsdorff, Kurt Lechner, Lasse Lehtinen, Arlene McCarthy, Manuel Medina Ortega, Bill Newton Dunn, Béatrice Patrie, Zuzana Roithová, Luisa Fernanda Rudi Ubeda, Heide Rühle, Andreas Schwab, Eva-Britt Svensson, Marianne Thyssen, Jacques Toubon, Bernadette Vergnaud, Barbara Weiler, Phillip Whitehead, Joachim Wuermeling
Substitutes present for the final vote	Mario Borghezio, André Brie, António Costa, Simon Coveney, Gisela Kallenbach, Alexander Stubb, Ieke van den Burg, Diana Wallis, Stefano Zappalà
Substitutes under Rule 178(2) present for the final vote	Anne Van Lancker
Date tabled – A6	17.12.2004		A6-0073/2004
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