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Document 52019AP0110
Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/103/EC of the European Parliament and the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to ensure against such liability (COM(2018)0336 — C8-0211/2018 — 2018/0168(COD))
Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/103/EC of the European Parliament and the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to ensure against such liability (COM(2018)0336 — C8-0211/2018 — 2018/0168(COD))
Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/103/EC of the European Parliament and the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to ensure against such liability (COM(2018)0336 — C8-0211/2018 — 2018/0168(COD))
OJ C 449, 23.12.2020, p. 586–618
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.12.2020 |
EN |
Official Journal of the European Union |
C 449/586 |
P8_TA(2019)0110
Insurance of motor vehicles ***I
Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/103/EC of the European Parliament and the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to ensure against such liability (COM(2018)0336 — C8-0211/2018 — 2018/0168(COD)) (1)
(Ordinary legislative procedure: first reading)
(2020/C 449/63)
Amendment 1
Proposal for a directive
Recital 1
Text proposed by the Commission |
Amendment |
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(If this amendment is adopted, further corresponding amendments should be drafted to the recitals of this amending act.) |
Amendment 2
Proposal for a directive
Recital 2
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a directive
Recital 3 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a directive
Recital 3 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a directive
Recital 3 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a directive
Recital 3 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a directive
Recital 3 e (new)
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a directive
Recital 3 f (new)
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a directive
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a directive
Recital 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a directive
Recital 4 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a directive
Recital 5 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a directive
Recital 7
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a directive
Recital 8
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a directive
Recital 9
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 16
Proposal for a directive
Recital 9 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a directive
Recital 10
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a directive
Recital 11
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a directive
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a directive
Recital 13 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a directive
Article 1 — paragraph 1 — point - 1 (new)
Text proposed by the Commission |
Amendment |
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(Final exact wording of ‘injured party’ needs to be determined case by case, based on grammatical needs, and the adoption of this amendment would result in the creation of further corresponding amendments to the amended Directive.) |
Amendment 22
Proposal for a directive
Article 1 — paragraph 1 — point 1
Directive 2009/103/EC
Article 1 — paragraph 1 — point 1a
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a directive
Article 1 — paragraph 1 — point 1 a (new)
Directive 2009/103/EC
Article 2 — paragraphs 1 a and 1 b (new)
Text proposed by the Commission |
Amendment |
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‘This Directive shall only apply to vehicles covered by Regulation (EU) 2018/858 (*) , Regulation (EU) No 167/2013 (**) or Regulation (EU) No 168/2013 (***) . |
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This Directive shall not apply to vehicles that are intended exclusively for use in the context of participation in a competitive sport activity, or in related sport activities, within a closed area. |
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Amendment 24
Proposal for a directive
Article 1 — paragraph 1 — point 1 b (new)
Directive 2009/103/EC
Article 3 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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‘Member States shall ensure that when a vehicle is required to hold insurance pursuant to the first paragraph, the insurance is also valid and covers injured parties in the case of accidents occurring: |
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Member States may adopt limitations on insurance coverage in respect of the use outside the use of the vehicle in traffic as referred to in point (b) of the fifth paragraph. This provision shall be used as an exception and only when necessary, where Member States consider that such coverage would go beyond what can be reasonably expected from a motor insurance. This provision may never be used to circumvent the principles and rules set out in this Directive.’ |
Amendment 25
Proposal for a directive
Article 1 — paragraph 1 — point 2
Directive 2009/103/EC
Article 4 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
However, they may carry out such checks on insurance provided that those checks are non-discriminatory, necessary and proportionate to achieve the end pursued, and |
However, they may carry out such checks on insurance provided that those checks are non-discriminatory, necessary and proportionate to achieve the end pursued, respect the rights, freedoms and legitimate interests of the person concerned , and |
Amendment 26
Proposal for a directive
Article 1 — paragraph 1 — point 2
Directive 2009/103/EC
Article 4 — paragraph 1 — subparagraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a directive
Article 1 — paragraph 1 — point 2
Directive 2009/103/EC
Article 4 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. For the purposes of carrying out checks on insurance, as referred to in paragraph 1, a Member State shall grant other Member States access to the following national vehicle registration data, with the power to conduct automated searches thereon: |
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Access to those data shall be granted through the Member States’ national contact points, as designated pursuant to Article 4(2) of Directive (EU) 2015/413 (*1) . |
Amendment 28
Proposal for a directive
Article 1 — paragraph 1 — point 2
Directive 2009/103/EC
Article 4 — paragraph 1 b (new)
Text proposed by the Commission |
Amendment |
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1b. When conducting a search in the form of an outgoing request, the national contact point of the Member State carrying out an insurance check shall use a full registration number. Those searches shall be conducted in compliance with the procedures laid down in Chapter 3 of the Annex to Decision 2008/616/JHA (*2) . The Member State carrying out an insurance check shall use the data obtained in order to establish whether a vehicle is covered by a valid compulsory insurance subject to Article 3 of this Directive. |
Amendment 29
Proposal for a directive
Article 1 — paragraph 1 — point 2
Directive 2009/103/EC
Article 4 — paragraph 1 c (new)
Text proposed by the Commission |
Amendment |
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1c. Member States shall ensure the security and protection of the data transmitted, as far as possible using existing software applications, such as the one referred to in Article 15 of Decision 2008/616/JHA, and amended versions of those software applications, in compliance with Chapter 3 of the Annex to Decision 2008/616/JHA. The amended versions of the software applications shall provide for both online real-time exchange mode and batch exchange mode, the latter allowing for the exchange of multiple requests or responses within one message. |
Amendment 30
Proposal for a directive
Article 1 — paragraph 1 — point 2
Directive 2009/103/EC
Article 4 — paragraph 2 — subparagraphs 1 a, 1 b and 1 c (new)
Text proposed by the Commission |
Amendment |
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The Member States shall, in particular, specify the precise purpose, refer to the relevant legal basis, comply with the relevant security requirements and respect the principles of necessity, proportionality, and purpose limitation, and shall set a proportionate data retention period. |
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The personal data processed pursuant to this Article shall not be retained longer than necessary for the purpose of handling an insurance check. Those data shall be fully erased as soon as they are no longer necessary for that purpose. Where an insurance check shows that a vehicle is covered by a compulsory insurance subject to Article 3, the controller shall immediately erase those data. When a check is unable to determine if a vehicle is covered by a compulsory insurance subject to Article 3, the data shall be retained for a proportionate period of not more than 30 days or until the time necessary to determine the insurance coverage as existing, whichever is shorter. |
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Where a Member State determines that a vehicle is travelling without compulsory insurance subject to Article 3, it may apply the penalties established in accordance with Article 27. |
Amendment 31
Proposal for a directive
Article 1 — paragraph 1 — point 3
Directive 2009/103/EC
Article 9 — paragraph 1 — subparagraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a directive
Article 1 — paragraph 1 — point 3
Directive 2009/103/EC
Article 9 — paragraph 1 — subparagraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendments 33
Proposal for a directive
Article 1 — paragraph 1 — point 3 a (new)
Directive 2009/103/EC
Article 10 — paragraph 1 — subparagraph 1
Present text |
Amendment |
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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. |
‘Each Member State shall set up or authorise a body with the task of providing compensation of at least up to the limits of the insurance obligation referred to in Article 9(1) or the guarantee limits prescribed by the Member State, if higher, 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 , including with respect to incidents where a motor vehicle is used as a weapon to commit a violent crime or terrorist act .’ |
Amendment 34
Proposal for a directive
Article 1 — paragraph 1 — point 4
Directive 2009/103/EC
Article 10a
Text proposed by the Commission |
Amendment |
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Article 10a |
Article 10a |
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Protection of injured parties in case of insolvency of an insurance undertaking or lack of cooperation of an insurance undertaking |
Protection of injured parties in case of insolvency of an insurance undertaking |
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-1. Member States shall take all measures necessary to ensure that injured parties have the right to claim compensation, at least up to the limits of the insurance obligation referred to in Article 9(1) or the guarantee limits prescribed by the Member State, if higher, for personal injuries or damage to property caused by a vehicle insured by an insurance undertaking in the following situations: |
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1. Member States shall set up or authorise a body to compensate injured parties habitually residing within their territory, at least up to the limits of the insurance obligation referred to in Article 9(1) for personal injuries or material damage, caused by a vehicle insured by an insurance undertaking in any of the following situations: |
1. Each Member State shall set up or authorise a body to compensate injured parties, habitually residing within their territory, in the situations referred to in paragraph - 1. |
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2. Injured parties may not present a claim to the body referred to in paragraph 1 if they have presented a claim directly to or taken legal action directly against the insurance undertaking and such claim or legal action is still pending. |
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3. The body referred to in paragraph 1 shall give a reply to the claim within two months after the date on which the injured party has presented his or her claim for compensation. |
3. The injured party may apply for compensation directly to the body referred to in paragraph 1. That body shall, on the basis of information provided at its request by the injured party, provide the injured party with a reasoned reply regarding the payment of any compensation within three months from the date when the injured party applies for compensation. |
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Where compensation is due, the body referred to in paragraph 1 shall within three months of communicating its reply, provide the full compensation to the injured party or, when compensation is in the form of agreed periodic payments, start such payments. |
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When an injured party has filed a claim to an insurance undertaking or its claims representative, which before or during a claim became subject to the situations referred to in paragraph - 1, and that injured party has not yet received a reasoned reply from that insurance undertaking or its claims representative, the injured party shall be able to re-submit his or her claim for compensation to the body referred to in paragraph 1. . |
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4. Where the injured party is resident in another Member State than the Member State in which the insurance undertaking referred to in paragraph 1 is established, the body referred to in paragraph 1 and which has compensated that injured party in his or her Member State of residence, shall be entitled to claim reimbursement of the sum paid by way of compensation from the body referred to in paragraph 1 in the Member State in which the insurance undertaking which issued the policy of the liable party is established . |
4. Where the insurance undertaking received the authorisation in accordance with Article 14 of Directive 2009/138/EC in a Member State different from the Member State for which the body referred to in paragraph 1 is competent, that body shall be entitled to claim reimbursement of the sum paid by way of compensation from the body referred to in paragraph 1 in the Member State in which the insurance undertaking received the authorisation . |
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5. Paragraphs 1 to 4 are without prejudice to: |
5. Paragraphs -1 to 4 are without prejudice to: |
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6. Member States shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to any requirements other than those laid down in this Directive and in particular not the requirement that the injured party should establish that the party liable is unable or refuses to pay. |
6. Member States shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to any reduction or to any requirements other than those laid down in this Directive . In particular, Member States shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to the requirement that the injured party establish that the party liable or the insurance undertaking is unable or refuses to pay. |
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7. The Commission shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 28b in order to define the procedural tasks and the procedural obligations of the bodies set up or authorised pursuant to Article 10a with regard to the reimbursement. |
7. This Article shall take effect: |
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7a . Injured parties referred to in Article 20(1) may, in the situations referred to in paragraph - 1, apply for compensation from the compensation body referred to in Article 24 in their Member State of residence. |
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7b. The injured party may apply for compensation directly to the compensation body which, on the basis of information provided at its request by the injured party, shall provide the injured party with a reasoned reply within three months of the date when the injured party applies for compensation. |
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Upon receipt of the claim, the compensation body shall inform the following persons or bodies that it has received a claim from the injured party: |
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7c. Upon receipt of the information referred to in paragraph 7b, the compensation body in the Member State where the accident occurred shall inform the compensation body in the injured party's Member State of residence whether the compensation by the body referred to in paragraph 1 is to be regarded as subsidiary or non-subsidiary. The compensation body in the injured party's Member State of residence shall take into account that information when providing compensation. |
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7d. The compensation body which has compensated the injured party in his or her 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 where the insurance undertaking received the authorisation in accordance with Article 14 of Directive 2009/138/EC. |
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7e. The latter body shall be subrogated to the injured party in his or her rights against the body referred to in paragraph 1 established in the Member State where the insurance undertaking received the authorisation in accordance with Article 14 of Directive 2009/138/EC in so far as the compensation body in the injured party's Member State of residence provided compensation for personal injuries or damage to property. |
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Each Member State shall be obliged to acknowledge this subrogation as provided for by any other Member state. |
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7f. The agreement between compensation bodies, referred to in Article 24(3), shall contain provisions relating to the compensation bodies' functions, obligations and procedures for reimbursement resulting from this Article. |
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7 g. In the absence of the agreement referred to in point (a) of paragraph 7 or in the absence of an amendment to the agreement under paragraph 7f by [two years after the entry into force of this amending Directive], the Commission shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 28b laying down the procedural tasks and the procedural obligations of the bodies set up or authorised pursuant to this Article with regard to the reimbursement, or amending the agreement under Article 24(3), or both, if necessary. |
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Amendment 35
Proposal for a directive
Article 1 — paragraph 1 — point 4 a (new)
Directive 2009/103/EC
Article 15
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Present text |
Amendment |
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Article 15 |
‘Article 15 |
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Vehicles dispatched from one Member State to another |
Vehicles dispatched from one Member State to another |
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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 30 days, even though the vehicle has not formally been registered in the Member State of destination. |
1. By way of derogation from point (b) of Article 13, point 13 of Directive 2009/138/EC of the European Parliament and of the Council (*) , where a vehicle is dispatched from one Member State to another, the Member State where the risk is situated shall be considered to be either the Member State of registration or, immediately upon acceptance of delivery by the purchaser, the Member State of destination, for a period of 30 days, even if the vehicle has not formally been registered in the Member State of destination. |
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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 . |
2. Member States shall take the necessary steps to ensure that insurance undertakings notify to the information centre of the Member State in which the vehicle is registered that they have issued an insurance policy for the use of the vehicle in question . |
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Amendment 36
Proposal for a directive
Article 1 — paragraph 1 — point 4 b (new)
Directive 2009/103/EC
Article 15 a (new)
Text proposed by the Commission |
Amendment |
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‘Article 15a Liability in case of an accident involving a trailer towed by a powered vehicle In case of an accident caused by a set of vehicles consisting of a trailer towed by a powered vehicle, the injured party shall be compensated by the undertaking that insured the trailer, where:
The undertaking compensating the injured party in this case shall have a recourse to the undertaking that insured the towing powered vehicle if this is provided for under national law.’ |
Amendment 37
Proposal for a directive
Article 1 — paragraph 1 — point 5 — point b
Directive 2009/103/EC
Article 16 — paragraph 3
Text proposed by the Commission |
Amendment |
Member States shall ensure that insurance undertakings or the bodies as referred to in the second subparagraph, when taking account of claims history statements issued by other insurance undertakings or other bodies as referred to in the second subparagraph, do not treat policyholders in a discriminatory manner or surcharge their premiums because of their nationality or solely on the basis of their previous Member State of residence. |
Member States shall ensure that insurance undertakings and the bodies as referred to in the second subparagraph, when taking account of claims-history statements issued by other insurance undertakings or other bodies as referred to in the second subparagraph, do not treat policyholders in a discriminatory manner or surcharge their premiums because of their nationality or solely on the basis of their previous Member State of residence. |
Amendment 38
Proposal for a directive
Article 1 — paragraph 1 — point 5 — point b
Directive 2009/103/EC
Article 16 –paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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Member States shall ensure that where an insurance undertaking takes into account claims-history statements when determining premiums, it shall also take into account claims-history statements issued by insurance undertakings based in other Member States as equal to those issued by an insurance undertaking within the same Member State and shall apply, in accordance with national law, any statutory requirements as to premiums treatment. |
Amendment 39
Proposal for a directive
Article 1 — paragraph 1 — point 5 — point b
Directive 2009/103/EC
Article 16 — paragraph 4
Text proposed by the Commission |
Amendment |
Member States shall ensure that insurance undertakings publish their policies in respect of their use of claims history statements when calculating premiums. |
Without prejudice to the pricing policies of insurance undertakings, Member States shall ensure that insurance undertakings publish their policies in respect of their use of claims-history statements when calculating premiums. |
Amendment 40
Proposal for a directive
Article 1 — paragraph 1 — point 5 — point b
Directive 2009/103/EC
Article 16 — paragraph 5
Text proposed by the Commission |
Amendment |
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The Commission shall be empowered to adopt implementing acts in accordance with Article 28a(2) specifying the contents and form of the claims history statement referred to in the second subparagraph . That statement shall contain information about all of the following: |
The Commission shall be empowered to adopt delegated acts in accordance with Article 28b laying down the contents and form of the claims-history statement referred to in the second paragraph . That statement shall , as a minimum, contain information about the following: |
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Amendment 41
Proposal for a directive
Article 1 — paragraph 1 — point 5 — point b
Directive 2009/103/EC
Article 16 –paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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The Commission shall consult with all relevant stakeholders before adopting those delegated acts and seek to reach a mutual agreement between stakeholders as to the content and the form of the claims-history statement. |
Amendment 42
Proposal for a directive
Article 1 — paragraph 1 — point 5 a (new)
Directive 2009/103/EC
Article 16 a (new)
Text proposed by the Commission |
Amendment |
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(5a) The following Article is inserted: |
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‘Article 16a |
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Price Comparison Tool |
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1. Member states shall ensure that consumers have access free of charge to at least one independent comparison tool, which enables them to compare and evaluate general prices and tariffs between providers of the compulsory insurance subject to Article 3, based on information provided by the consumers. |
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2. Providers of compulsory insurance shall provide competent authorities with all information requested for such a tool and shall ensure that this information is as accurate and updated as needed to ensure this accuracy. Such a tool may also include additional motor insurance coverage options beyond compulsory insurance under Article 3. |
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3. The comparison tool shall: |
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4. Comparison tools fulfilling the requirements in points (a) to (h) of paragraph 3 shall, upon request by the provider of the tool, be certified by competent authorities. |
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5. The Commission shall be empowered to adopt a delegated act in accordance with the procedure referred to in Article 28b, supplementing this Directive by establishing the form and functions of such a comparison tool and the categories of information to be provided by insurance providers in light of the individualised nature of insurance policies. |
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6. Without prejudice to other Union legislation and in accordance with Article 27, Member States may provide for penalties, including fines, for comparison tool operators that mislead consumers or do not clearly disclose their ownership and whether they receive remuneration from any insurance provider.’ |
Amendment 43
Proposal for a directive
Article 1 — paragraph 1 — point 5 b (new)
Directive 2009/103/EC
Article 18 a (new)
Text proposed by the Commission |
Amendment |
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‘Article 18a Access to accident reports Member States shall ensure the right of the injured party to obtain a copy of the accident report from competent authorities in a timely manner. In accordance with national law, when a Member State is prevented from releasing the full accident report immediately, it shall provide to the injured party a redacted version until the full version becomes available. Any redactions to the text should be limited to those strictly necessary and required in order to comply with Union or national law.’ |
Amendment 44
Proposal for a directive
Article 1 — paragraph 1 — point 5 c (new) — point a (new)
Directive 2009/103/EC
Article 23 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 45
Proposal for a directive
Article 1 — paragraph 1 — point 5 c (new) — point b (new)
Directive 2009/103/EC
Article 23 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 46
Proposal for a directive
Article 1 — paragraph 1 — point 5 c (new) — point c (new)
Directive 2009/103/EC
Article 23 — paragraph 6
Present text |
Amendment |
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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 . |
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Amendment 47
Proposal for a directive
Article 1 — paragraph 1 — point 5 d (new)
Directive 2009/103/EC
Article 26 a (new)
Text proposed by the Commission |
Amendment |
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‘Article 26a Compensation Bodies 1. Member States shall seek to ensure that the compensation bodies referred to in Articles 10, 10a and 24 are administrated as a single administrative unit covering all the functions of the different compensation bodies covered by this Directive. 2. Where a Member State does not administer these bodies as a single administrative unit, it shall notify the Commission and the other Member States of this fact and the reasons for its decision.’ |
Amendment 48
Proposal for a directive
Article 1 — paragraph 1 — point 5 e (new)
Directive 2009/103/EC
Article 26 b (new)
Text proposed by the Commission |
Amendment |
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‘Article 26b |
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Limitation period |
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1. Member States shall ensure that a limitation period of at least four years applies to actions under Articles 19 and 20(2) that relate to compensation for personal injury and damage to property resulting from a cross-border road traffic accident. The limitation period shall begin to run from the day on which the claimant became aware, or had reasonable grounds to become aware, of the extent of the injury, loss or damage, its cause and the identity of the person liable and the insurance undertaking covering this person against civil liability or the claims representative or compensation body responsible for providing compensation and against whom the claim is to be brought. |
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2. Member States shall ensure that where the national law applicable to the claim provides for a limitation period which is longer than four years, such longer limitation period shall apply. |
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3. Member States shall provide the Commission with up-to-date information on their national rules on the limitation in respect of damages caused by traffic accidents. The Commission shall make publicly available and accessible, in all official languages of the Union, a summary of the information communicated by Member States.’ |
Amendment 49
Proposal for a directive
Article 1 — paragraph 1 — point 5 f (new)
Directive 2009/103/EC
Article 26 c (new)
Text proposed by the Commission |
Amendment |
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‘Article 26c |
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Suspension of the limitation |
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1. Member States shall ensure that the limitation provided for in Article 26a is suspended during the period between submission by the claimant of his or her claim to: |
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2. Where the remaining part of the limitation period, once the period of suspension ends, is less than six months, Member States shall ensure that the claimant is granted a minimum period of six additional months to initiate court proceedings. |
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3. Member States shall ensure that, if a period expires on a Saturday, a Sunday or one of their public holidays, it shall be extended until the end of the first following working day.’ |
Amendment 50
Proposal for a directive
Article 1 — paragraph 1 — point 5 g (new)
Directive 2009/103/EC
Article 26 d (new)
Text proposed by the Commission |
Amendment |
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‘Article 26d |
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Calculation of time limits |
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Member States shall ensure that any period of time laid down by this Directive is calculated as follows: |
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Amendment 51
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2009/103/EC
Article 28a
Text proposed by the Commission |
Amendment |
Article 28a |
deleted |
Committee procedure |
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1. The Commission shall be assisted by the European Insurance and Occupational Pensions Committee established by Commission Decision 2004/9/EC ****.That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*****. |
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2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. |
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Amendment 52
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2009/103/EC
Article 28b — paragraph 2
Text proposed by the Commission |
Amendment |
2. The power to adopt delegated acts referred to in Articles 9(2) and 10a(7) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 30 . |
2. The power to adopt delegated acts referred to in Article 9(2) shall be conferred on the Commission for an indeterminate period of time from … [the date of entry into force of this amending Directive] . The power to adopt delegated acts referred to in Articles 10a(7 g), the fifth paragraph of Article 16 and Article 16a(5) shall be conferred on the Commission for a period of five years from [the date of entry into force of this amending Directive]. |
Amendment 53
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2009/103/EC
Article 28b — paragraph 5
Text proposed by the Commission |
Amendment |
5. A delegated act adopted pursuant to Articles 9(2) and 10a(7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. |
5. A delegated act adopted pursuant to Article 9(2); Article 10a(7 g), the fifth paragraph of Article 16 and Article 16a(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. |
Amendment 54
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2009/103/EC
Article 28c
Text proposed by the Commission |
Amendment |
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Article 28c |
Article 28c |
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Evaluation |
Evaluation and review |
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No later than seven years after the date of transposition of this Directive, an evaluation of this Directive shall be carried out. The Commission shall communicate the conclusions of the evaluation accompanied by its observations to the European Parliament, the Council and the European Economic and Social Committee. |
No later than five years after the date of transposition of this Directive, the Commission shall submit a report to the European Parliament, to the Council and to the European Economic and Social Committee evaluating the implementation of this Directive, in particular in respect of: |
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That report shall be accompanied by the observations of the Commission and, where appropriate, by a legislative proposal. |
(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0035/2019).
(15) Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 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 (OJ L 263, 7.10.2009, p. 11).
(15) Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 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 (OJ L 263, 7.10.2009, p. 11).
(20) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(1a) OJ L 123, 12.5.2016, p. 1 .
(*) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).
(**) Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).
(***) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).’
(*1) Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences (OJ L 68, 13.3.2015, p. 9)
(*2) Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).
(*) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
(***) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
(*) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). ’