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Activities of Antonio LÓPEZ-ISTÚRIZ WHITE related to 2018/0168(COD)

Legal basis opinions (0)

Amendments (9)

Amendment 53 #
Proposal for a directive
Recital 3
(3) Furthermore, in recent decisions of the European Court of Justice of the European Union, namely Vnuk16, Rodrigues de Andrade17 and Torreiro18, the Court has clarified the meaning of the words ‘use of a vehicle’. In particular, the European Court of Justice has clarified that motor vehicles are intended normalmainly to serve as means of transport at the time of the accident, irrespective of such vehicle's characteristics, and it has clarified that the use of such vehicles covers any use of a vehicle consistent with its normal function as a means of transport, irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion. In the interest of legal certainty, it is appropriate to reflect that case law in Directive 2009/103/EC by introducing a definition of ‘use of a vehicle’. __________________ 16 Judgement of the Court of Justice of 4 December 2014, Vnuk, C-162/13, ECLI:EU:C:2014:2146 17 Judgement of the Court of Justice of 28 November 2017, Rodrigues de Andrade, C-514/16, ECLI:EU:C:2017:908. 18 Judgement of the Court of Justice of 20 December 2017, Torreiro, C-334/16, ECLI:EU:C:2017:1007.
2018/12/10
Committee: IMCO
Amendment 55 #
Proposal for a directive
Recital 3 a (new)
(3a) Only vehicles for which prior administrative authorisation is required for their use on the roads and those which fall within the scope of application of type-approval regulations Regulation (EU) 2018/858, Regulation (EU) No 167/2013 and Regulation (EU) No 168/2013 should remain within the scope of application of the Directive. Consequently, new alternative mobility vehicles such as electric bicycles and scooters or similar would be outside the scope of the Directive. This exclusion is founded on the principle of proportionality, as the risk posed by the use of these vehicles in traffic is lower than it is for other vehicles.
2018/12/10
Committee: IMCO
Amendment 59 #
Proposal for a directive
Recital 3 b (new)
(3b) To better protect potential victims, in cases falling outside the scope of the Directive, as stated above and in Article 1, the Member States may establish civil liability insurance commensurate with the risk posed.
2018/12/10
Committee: IMCO
Amendment 66 #
Proposal for a directive
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 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 treat claims history statements, insurance undertakings should publish their policies in respect of their use of claims history when calculating premiums.deleted
2018/12/10
Committee: IMCO
Amendment 69 #
Proposal for a directive
Recital 9
(9) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission regarding the content and the form of the claims history statement. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council20. __________________ 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).deleted
2018/12/10
Committee: IMCO
Amendment 78 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/103/EC
Article 1 – point 1 a
(1a) ‘use of a vehicle’ means any use of sucha vehicle, intended normally that requires administrative authorisation and is mainly intended to serve as a means of transport at the time of the accident, that is consistent with the 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."; (This amendment applies throughout the text; Adopting it will necessitate corresponding changes throughout.)
2018/12/10
Committee: IMCO
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2009/103/EC
Article 16
(5) Article 16 is amended as follows: (a) the following sentence is added at the end of the second subparagraph: “They shall do so using the form of the claims history statement”; (b) the following subparagraphs are added: “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 publish their policies in respect of their use of claims history statements when calculating premiums. 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: (a) the identity of the insurance undertaking issuing the claims history statement; (b) the identity of the policyholder; (c) the vehicle insured; (d) the period of cover of the vehicle insured: (e) the number and value of the declared third party liability claims during the period covered by the claims history statement."deleted
2018/12/10
Committee: IMCO
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Articles 28 a, 28 b and 28 c
[...]deleted
2018/12/10
Committee: IMCO
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 1
Member States shall adopt and publish, by [PO: Please insert date 124 months after the date of entry into force ] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. However, the transposition and entry into force of Article 1(4) of this Directive with regard to the provisions of Article 10(a) shall take place before [PO: please insert the date – 12 months after entry into force].
2018/12/10
Committee: IMCO