9 Amendments of Daniel BUDA related to 2018/0168(COD)
Amendment 2 #
Proposal for a directive
Recital 1
Recital 1
(1) Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens, whether they are policyholders or potential victims of an accident. It is also a major concern for insurance undertakings, as it constitutes an important segment of non-life insurance business in the Union. Motor insurance also has an significant impact on the free movement of persons, goods and vehicles, and hence on the internal market and the Schengen area. It should therefore be a key objective of the Union action in the field of financial services to reinforce and consolidate the internal market for motor insurance.
Amendment 5 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) By pursuing the general objectives of ensuring a high level of protection for victims of road traffic accidents and of facilitating the free movement of persons and vehicles throughout the EU, this Directive will help improve confidence in the single market for motor insurance by increasing legal certainty over cross- border sales of motor insurance based on the freedom to provide services, while reducing the risks that may arise during the compensation to victims process.
Amendment 6 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) This Directive strikes an appropriate balance between the public interest and the potential costs for public authorities, insurers and policy holders, with a view to ensuring that the measures proposed are cost-effective.
Amendment 7 #
Proposal for a directive
Recital 4
Recital 4
(4) Member States currently shouldare refraining from performing checks of insurance on vehicles normally based on 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. New technological developments allow for, such as number-plate recognition technology, allow for the discrete checking of insurance of vehicles without stopping them and thus without interfering with the free movement of persons. It is therefore appropriate to allow those checks of insurance on vehicles, only if they are non-discriminatory, necessary and proportionate, form part of a general system of checks on the national territory and do not require stopping of the vehicle and if they guarantee the rights, freedoms and legitimate interests of the person concerned.
Amendment 10 #
Proposal for a directive
Recital 7
Recital 7
(7) Effective and efficient protection of victims of traffic accidents requires that those victims are always reimbursed for their personal injuries or for damage to their property, irrespective of whether the insurance undertaking of the party liable is solvent or not. Member States should therefore set up or appoint a body that provides, without any delay, initial compensation for injured parties habitually residing within their territory, and which has the right to reclaim that compensation from the body set up or appointed for the same purpose in the Member State of establishment of the insurance undertaking which issued the policy of the vehicle of the liable party. However, to avoid parallel claims being introduced, victims of traffic incidents should not be allowed to present a claim for compensation with that body if they have already presented their claim or have taken legal action with the insurance undertaking concerned and that claim is still under consideration and that action is still pending.
Amendment 14 #
Proposal for a directive
Recital 11
Recital 11
(11) As part of the evaluation of the functioning of the Directive, the European Commission should monitor the application of the Directive, taking into account the number of victims, the amount of outstanding claims due to delays in payments following cross-border insolvency cases, the level of minimum amounts of cover in Member States, the amount of claims due to uninsured driving relating to cross-border traffic and the number of complaints regarding claims history statements. At the same time, that monitoring should be future-proofed and seek to ensure that the objectives of the Directive are met as regards new technological developments in fields such as electric vehicles and autonomous and semi-autonomous vehicles.
Amendment 15 #
Proposal for a directive
Recital 12
Recital 12
(12) Since the objectives of this Directive, in particular to ensure an equal minimum protection of victims of traffic accidents across the Union and, to ensure the protection of victims in case of insolvency of insurance undertakings, and to ensure equal treatment in the authentication of claims history statements by insurers for potential policy holders traversing internal EU borders cannot be sufficiently achieved by the Member States but can rather, by reason of their effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 18 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/103/EC
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
However, they may carry out such checks on insurance provided that those checks are non-discriminatory, necessary and proportionate to achieve the end pursued, andguarantee the rights, freedoms and legitimate interests of the person concerned, and (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 29 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 c
Article 28 c
No later than sefiven 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. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)