10 Amendments of Tiemo WÖLKEN related to 2018/0168(COD)
Amendment 3 #
Proposal for a directive
Recital 2
Recital 2
(2) The Commission has carried out an evaluation of the functioning of Directive 2009/103/EC of the European Parliament and of the Council15, including its efficiency effectiveness and coherence with other Union policies. The conclusion of the evaluation was that Directive 2009/103/EC functions well on the whole, and does not need amendment in most aspects. However, four areas were identified where targeted amendments would be appropriate: compensation of victims of accidents in cases of insolvency of an insurance undertaking, minimum obligatory amounts of insurance cover, insurance checks of vehicles by Member States, and the use of policyholders’ claims history statements by a new insurance undertaking. A compulsory ‘bonus-malus’ system should also be introduced to be used in the calculation of insurance premiums based on claims history statements by insurance undertakings. Such a system would be an incentive for safe driving and thus make road traffic safer. It would also lead to fairer insurance premiums for consumers. _________________ 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).
Amendment 4 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) According to the case law of the European Court of Justice, in principle all existing and new motor vehicles fall within the scope of Directive 2009/103/EC. However, particularly with new types of vehicle, such as electric bicycles, electric scooters and Segways, this does not seem to be absolutely necessary. They are much smaller and have a lower maximum speed, so their damage/injury potential is not so great. The undifferentiated application of compulsory insurance seems disproportionate, especially given the need to promote the development of new alternative modes of transport, which occupy less public road space and are more environmentally friendly. This Directive should therefore apply only to those vehicles which under EU law have to satisfy safety requirements as a condition for approval. Of course, accidents may also occur when such vehicles are used, so that Member States should be free to adopt or maintain at national level rules which also provide for liability insurance for vehicles which are not subject to type approval.
Amendment 11 #
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 that take into account claims history statements to determine motor insurance premiums should notshould use a compulsory ‘bonus-malus’ system to determine motor insurance premiums. Claims history statements should be taken into account. There should be no discriminateion 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 treat claims history statements, insurance undertakings should publish their policies in respect of their use of claims history when calculating premiums.
Amendment 13 #
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 In the context of the evaluation of the functioning of Directive 2009/103/EC, the Commission should also examine and assess whether, in the light of technological progress, including the increasing use of autonomous and semi- autonomous vehicles, it continues to serve its purpose of protecting the victims of road traffic accidents from the insolvency of insurers in accidents caused by vehicles.
Amendment 17 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Amendment 19 #
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 1 220 000 per victim;
Amendment 24 #
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
Article 16
Member States shall ensure that insurance undertakings orand 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 25 #
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
Article 16
Member States shall ensure that insurance undertakings and the bodies referred to in the second subparagraph incorporate a compulsory ‘bonus-malus’ system in their third-party liability motor vehicle insurance contracts, which calculates the amount of insurance premiums of each policyholder in accordance with the claims history statements.
Amendment 27 #
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
Article 16
Member States shall ensure that insurance undertakings publish their policies in respect of their use of claims history statements when calculating premiums, in particular also in relation to the ‘bonus- malus’ system they use.
Amendment 28 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28c
Article 28c
No later than sefiven years after the date of transposition of this Directive, an evaluation of this Directive shall be carried out. In particular, the expediency of this Directive with regard to technological developments relating to autonomous and semi-autonomous vehicles should be assessed, and it should be examined whether the regime of liability of this Directive takes into account the new technological conditions or whether a new strict liability offence should be introduced which is based solely on autonomous vehicles as a source of danger and at the same time involves no uncontrolled liability risks in order not to stand in the way of the use of new technologies. 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. (Technical error: the directive in question is a proposal for a, attaching, where necessary, a legislative proposal. Or. de amending Directive 2018/0168 (COD09/103/EC.)