(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (14247/1/1999 - C5-0027/1999 (1) ),

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1997) 510 (3) ),

-  having regard to the Commission's amended proposal (COM(1999) 147 (4) ),

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

-  having regard to Rule 80 of its Rules of Procedure,

-  having regard to the recommendation for second reading of the Committee on Legal Affairs and the Internal Market (A5-0086/1999 ),

1.  Amends the common position as follows;

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

Common position of the Council   Amendments by Parliament (Amendment 1) Recital 8    (8) Whereas it is in fact appropriate to supplement the arrangements established by Directives 72/166/EEC , 84/5/EEC and 90/232/EEC in order to guarantee injured parties suffering loss or injury as a result of a motor vehicle accident comparable treatment irrespective of where in the Community accidents occur; whereas, for accidents occurring in a Member State other than that of the injured party's residence, there are gaps with regard to the settlement of injured parties' claims;    (8) Whereas it is in fact appropriate to supplement the arrangements established by Directives 72/166/EEC , 84/5/EEC and 90/232/EEC in order to guarantee injured parties suffering loss or injury as a result of a motor vehicle accident comparable treatment irrespective of where in the Community accidents occur; whereas, for accidents occurring in a State other than that of the injured party's residence, there are gaps with regard to the settlement of injured parties' claims; (Amendment 2) Recital 10    (10) Whereas one satisfactory solution might be for injured parties suffering loss or injury as a result of a motor vehicle accident occurring in a Member State other than that of their residence to be entitled to claim in their Member State of residence against a claims representative appointed there by the insurance undertaking of the responsible party;    (10) Whereas one satisfactory solution might be for injured parties suffering loss or injury as a result of a motor vehicle accident occurring in a State other than that of their residence to be entitled to claim in their Member State of residence against a claims representative appointed there by the insurance undertaking of the responsible party; (Amendment 3) Recital 14    (14) Whereas, in order to fill the gaps in question, 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 therefor; whereas 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 ;    (14) Whereas, in order to fill the gaps in question, 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 therefor; whereas 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; (Amendment 4) Recital 26 (26) Whereas 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; Deleted (Amendment 5) Recital 27 (27) Whereas the compensation body should have a right of subrogation in so far as it has compensated the injured party; whereas 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 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; whereas the latter body is the best placed to institute proceedings for recourse against the insurance undertaking; Deleted (Amendment 6) Recital 28 (28) Whereas, even though Member States may provide that the claim against the compensation body may be subsidiary, the injured person may not be obliged to present his claim to the person responsible for the accident before presenting it to the compensation body; whereas 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 under Article 1(4) of Directive 84/5/EEC ; Deleted (Amendment 7) Recital 29 (29) Whereas the functioning of this system can be effected by means of an agreement between the compensation bodies established or approved by the Member States relating to their functions and obligations and the procedures for reimbursement; Deleted (Amendment 8) Article 1, 1st paragraph The objective of this Directive is 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 State of residence of the injured party which are caused by the use of vehicles insured and normally based in a Member State. The objective of this Directive is 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 State other than the State of residence of the injured party which are caused by the use of vehicles insured and normally based in a Member State. (Amendment 9) Article 3 Each Member State shall ensure that injured parties in accidents occurring in a Member State other than the State of residence of the injured party enjoy a direct right of action against the insurance undertaking covering the responsible person against civil liability. Each Member State shall ensure that injured parties in accidents occurring in a State other than the State of residence of the injured party enjoy a direct right of action against the insurance undertaking covering the responsible person against civil liability. (Amendment 10) Article 4(1a) (new) 1a.The choice of its claims representative shall be at the discretion of the insurance undertaking. The Member States may not restrict this choice. (Amendment 11) Article 4(1b) (new) 1b.The claims representative may work for one or more insurance undertakings. (Amendment 12) Article 4(3)    3. Claims representatives shall possess sufficient powers and linguistic ability to represent the insurance undertaking in relation to injured parties in the cases referred to in Article 1 and to meet their claims in full.    3. Claims representatives shall possess sufficient powers to represent the insurance undertaking in relation to injured parties in the cases referred to in Article 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. (Amendment 13) Article 5(3), introduction    3. The Member States shall ensure that the injured party is entitled within a period of seven years of the accident to obtain from the information centre of the Member State where he resides or of the Member State where the vehicle is normally based or where the accident occurred the following information:    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 or of the Member State where the vehicle is normally based or where the accident occurred the following information: (Amendment 14) Article 6(1), 4th subparagraph 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 take action within two months of the date when the injured party presents a claim for compensation to it. (Amendment 15) Article 6(1), 5th subparagraph The compensation body shall immediately inform: The compensation body shall immediately inform:    (a) the insurance undertaking of the vehicle the use of which caused the accident or the claims representative;    (a) the insurance undertaking of the vehicle the use of which caused the accident or the claims representative;    (b) the compensation body in the Member State of the insurance undertaking's establishment which issued the policy;    (b) 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,    (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 . that it has received a claim from the injured party. (Amendment 16) Article 6(1), 6th subparagraph 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 conditional on the injured party's establishing in any way that the person liable is unable or refuses to pay. Deleted (Amendment 17) Article 6(3), 1st subparagraph    3. This Article shall take effect: Deleted    (a) 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;    (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, and shall apply for the whole duration of that agreement. (Amendment 18) Article 10(3)    3. Without prejudice to paragraph 1 the Member States shall establish or approve the compensation body in accordance with Article 6(1) before ... (*). If the compensation bodies have not concluded an agreement in accordance with Article 6(3) before … (**), the Commission shall propose measures designed to ensure that the provisions of Articles 6 and 7 take effect before ... (***).    3. Without prejudice to paragraph 1 the Member States shall establish or approve the compensation body in accordance with Article 6(1) before ... (*). _______________________ (*) 18 months from the date of entry into force of this Directive. _______________________ (*) 18 months from the date of entry into force of this Directive. (**) 24 months from the date of entry into force of this Directive. (***) 30 months from the date of entry into force of this Directive. (Amendment 19) Article 10(4) 4. 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. Deleted

(1) OJ C 232, 13.8.1999, p. 8. (2) OJ C 292, 21.9.1998, p. 123. (3) OJ C 343, 13.11.1997, p. 11. (4) OJ C 171, 18.6.1999, p. 4.