30 Amendments of Lucy ANDERSON related to 2018/0168(COD)
Amendment 52 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is furthermore necessary to introduce the obligation for insurance contracts to include a mandatory bonus- malus system, including discounts by way of a “no claims bonus”, in which premiums are influenced by the policyholders’ claims history statement. Such a system would incentivise safer driving behaviours, thus increasing road safety, and would offer better conditions to consumers.
Amendment 56 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) In view of a key focus of this Directive being for the benefit of parties injured in vehicle accidents, it should be further noted that a wide interpretation of scope is required. The mere existence of other forms of insurance for vehicles that are not necessarily used on public roads does not ensure any or a fair level of compensation for victims of accidents caused by such vehicles. In addition, ensuring a purposive approach to the scope of the Directive will assist in the continuing protection of citizens in the light of developments in vehicle technologies.
Amendment 62 #
Proposal for a directive
Recital 4
Recital 4
(4) Member States currently should refrain 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 checking insurance of vehicles without stopping them and thus without interfering with the free movement of persons. It is therefore appropriate 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, which are carried out also in respect of vehicles based in the territory of the Member State, and do not require stopping of the vehicle.
Amendment 63 #
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 initial 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 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 65 #
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 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 withagainst the insurance undertaking concerned and that claim is still under consideration and that action is still pending.
Amendment 67 #
Proposal for a directive
Recital 8
Recital 8
(8) Previous claims histories of policyholders who seek to conclude new insurance contracts with insurance undertakings should be easily authenticated in order to facilitate the recognition of such claims history when concluding a new insurance policy. In order to simplify the verification and authentication of claims history statements, it is important that the content and format of the statement of such claims histories are the same across all Member States. In addition, insurance undertakings thata mandatory bonus-malus system, incorporating discounts by way of a “no claims bonus”, should be introduced. When takeing into account claims history statements to determine motor insurance premiums, insurance undertakings should not discriminate on the basis of nationality or solely on the basis of the previous Member State of residence of the policyholder. To enable Member States to verify how insurance undertakings apply their bonus- malus systems and treat claims history statements, insurance undertakings should publish their policies in respect of their use of claims history when calculating premiums.
Amendment 70 #
Proposal for a directive
Recital 9
Recital 9
Amendment 72 #
Proposal for a directive
Recital 10
Recital 10
(10) In order to ensure uniform conditions for the implementation of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to establish the standardised presentation of the information published by insurance undertakings regarding their bonus- malus systems, including the no claims bonus, and the content and the form of the claims history statement. To ensure that the minimum amounts stay in line with the evolving economic reality (and are not eroded over time) the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adaptation of those minimum amounts of cover of motor third party liability insurance to reflect the evolving economic reality, as well as to define the procedural tasks and the procedural obligations of the bodies set up to provide compensation or entrusted the task of providing compensation pursuant to Article 10a with regard to the reimbursement. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 73 #
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, especially in the field of autonomous and semi- autonomous vehicles, as well as the scope of the Directive in view of likely changes in the market, 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
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/103/EC
Article 1 – point 1 a
Article 1 – point 1 a
1a. ‘use of a vehicle’ means any use of such vehicle, intended normally to serve as a means of transport or for connected purposes, that is consistent with thea normal function of that vehicle, irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.;
Amendment 83 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2009/103/EC
Article 2 – paragraphs 1 a and 1 b (new)
Article 2 – paragraphs 1 a and 1 b (new)
Amendment 87 #
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 – introductory part
Article 4 – paragraph 1 – subparagraph 2 – introductory part
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
Amendment 88 #
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 – point b
Article 4 – paragraph 1 – subparagraph 2 – point b
(b) they form part of a general system of checks on the national territory, which are carried out also in respect of vehicles based in the territory of the respective Member State, and do not require the vehicle to stop.
Amendment 90 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/103/EC
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) for personal injuries: EUR 610 0700 000 per accident, irrespective of the number of victims, or EUR 1 222 000 000 per victim;
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/103/EC
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(3a) In Article 10, the first subparagraph of paragraph 1 is amended as follows: 1. 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.
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 1 – introductory part
Article 10 a – paragraph 1 – introductory part
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) or the guarantee limits prescribed by the Member State, if higher, for personal injuries or material damage, caused by a vehicle insured by an insurance undertaking in any of the following situations:
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
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.
Amendment 99 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 3
Article 10 a – paragraph 3
3. The body referred to in paragraph 1 shall give a reply to the claim within twoone months after the date on which the injured party has presented his or her claim for compensation.
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 3 a (new)
Article 10 a – paragraph 3 a (new)
3a. The body referred to in paragraph 1 shall provide the compensation within three months of communicating their reply, in accordance with paragraph 3, to the injured party.
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 6 a (new)
Article 10 a – paragraph 6 a (new)
6a. Member States shall provide for penalties against insurance undertakings that have failed to comply with their obligations under this Article. Such penalties shall be proportionate, effective and dissuasive.
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 3
Article 16 – paragraph 3
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 oreither by withholding discounts commonly referred to as “no claims bonuses” or by applying surcharges to their premiums or any way whatsoever because of their nationality or solely on the basis of their previous Member State of residence.
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
Member States shall require insurance undertakings and the bodies referred to in the second subparagraph to integrate into motor vehicle insurance contracts a mandatory bonus-malus system, including a discount by way of a “no claims bonus”, in which premiums are influenced by policyholders’ claims history statement.
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 4
Article 16 – paragraph 4
Member States shall ensure that insurance undertakings publish their policies in respect of their use ofand the bodies as referred to in the second subparagraph publish, in a standardised form, their bonus-malus policies, including the way claims history statements are taken into account when calculating premiums.
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
The Commission shall be empowered to adopt delegated acts in accordance with Article 28a to establish a standardised presentation of the information published by insurance undertakings and the bodies as referred to in the second subparagraph regarding their bonus-malus systems. When exercising that power, the Commission shall ensure that the system guarantees a high degree of comparability and transparency.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – introductory part
Article 16 – paragraph 5 – introductory part
The Commission shall be empowered to adopt implementingdelegated acts in accordance with Article 28a(2) specify in order to definge 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:
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – introductory part
Article 1 – paragraph 1 – point 6 – introductory part
(6) the following Articles 28a, 28b and 28c are inserted:
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 a
Article 28 a
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 b – paragraph 2
Article 28 b – paragraph 2
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. The power to adopt delegated acts referred to in Articles 10a(7) and 16 shall be conferred on the Commission for a period of five years from [the date of entry into force of this Directive].
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 b – paragraph 5
Article 28 b – paragraph 5
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 twohree 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 132 #
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. 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: (a) the application of this Directive with regard to technological developments, in particular with regard to autonomous and semi-autonomous vehicles; (b) an analysis of the adequacy of the scope of this Directive, considering the accidents risks posed by different motor vehicles, in view of likely changes in the market. The report shall be accompanied by the observations of the Commission and, where appropriate, by a legislative proposal.