Activites

• 2000/07/20 Final act published in Official Journal
  • Directive 2000/26
  • OJ L 181 20.07.2000, p. 0065
• 2000/05/16 Final act signed
• 2000/05/16 Decision by Parliament, 3rd reading
  • T5-0202/2000 summary

    The European Parliament in its third reading approved the joint text settled by the Conciliation Committee on civil liability and motor vehicles.�

• 2000/05/15 Debate in Parliament
  • Debate in Parliament
• 2000/05/04 Report tabled for plenary, 3rd reading
  • A5-0130/2000
• #2257
• 2000/05/02 Council Meeting
• 2000/04/06 Joint text approved by Conciliation Committee co-chairs
  • 3612/2000
• 2000/03/09 Formal meeting of Conciliation Committee
• #2245
• 2000/02/28 Council Meeting
• 1999/12/15 Decision by Parliament, 2nd reading
  • T5-0154/1999 summary

    In adopting the report drafted by Mr. Willi ROTHLEY (PES, D), the European Parliament approved the Council's common position subject to a number of amendments that aim to extend the field of application of the Directive so that it covers accidents that take place in third countries as long as the vehicles involved are registered in the European Union. Other amendments seek to reinforce the rules of procedure so as to avoid that an insurer and a compensation body between them delay a dossier at the expense of the victim.�

• 1999/12/13 Debate in Parliament
  • Debate in Parliament
• 1999/11/30 Vote in committee, 2nd reading
  • A5-0086/1999
• 1999/10/07 Committee referral announced in Parliament, 2nd reading
• #2180
• 1999/05/21 Council Meeting
  • 14247/1/1999 summary

    The Council's Common Position corresponds substantially to the Commission's amended proposal and takes account of most of the amendments requested by the European Parliament. The Council accepts the amendment referring to the Green Card Bureau and the Green Card Bureau system which does not solve all the problems of an injured party having to claim in another country against a party resident there and an insurer authorised there (a foreign legal system, a foreign language, unfamiliar settlement procedures and often unreasonable delayed settlement). The Council has also accepted the amendments which aim to : - underline the necessity to complete the existing legislation in order to better protect the visiting motorists when they are the injured party in an accident; - recognise that the appointment of a claims representative would enable the injured party to deal with his claim by procedures familiar to him; - foresee that the appointment of a claims representative does not affect either the substantive law to apply or the matter of jurisdiction; - foresee that the injured party must have a direct right of action against the other's party insurer; - specify which information the information centres should make available to the injured parties; - cover the cases where the insurer has failed to appoint a claim representative or where this claim representative cannot be identified. The Council accepts in principle the amendments relating to : - the claims representative's ability to represent the insurer and to settle the accident claims; - the provision stating that a claim representative shall be appointed in each Member State other than that in which the insurer has received its official authorization. It is foreseen that the claims representative shall be instructed and authorized to settle claims, in a slightly modified form. Furthermore, the claims representative shall possess linguistic ability to represent the insurer. The Council has also accepted the amendments aiming to provide: - that the activities of a claim representative shall not establish jurisdiction in the injured party's Member State; - that the information centres shall keep a register of vehicles normally based in the Member State concerned, and a list of vehicles which would benefit from the derogation of the requirement of civil liability insurance cover; - that the procedures laid down in the Directive do not preclude the right of the injured party or his insurer to start proceeding directly against the person responsible for the accident or his insurer. Finally, the common position partly accepts the amendments concerning : - the obligation on the claim representative to make a reasoned offer or make a reasoned reply within a certain period. The Council has shortened the period in which the claim representative shall react to three months; - the payment of interest (without always making reference to a precise interest rate); - the notification by the insurer to the information centres in all Member States of the name and address of its claim representative ; - the possibility, for an injured party who has a legitimate interest to obtain the name and address of the owner or usual driver. It is worth noting that the Council does not accept the extension of the field of application of the Directive to the third countries.�

• 1999/03/31 Modified legislative proposal published
  • COM(1999)0147 summary

    The Commission's amended proposal takes account of the European Parliament's opinion to the extent that the measure or the text makes reference to the operation and shortcomings of the green card bureau system. Two new recitals point to the fact that although there is already a system for the settlement of claims, certain problems still need to be resolved. The Commission also accepted the Parliament's amendments in regard to : - the indication of the need to create a direct right of action which establishes a legal link between the injured party and the insurer; - a reference to the principle and the advantages of settling the claim via the claims representative; - the creation of claims representatives does not affect either the rules of applicable law or the matter of jurisdiction; - improvement in text to show more clearly that the complementary functions of the claims representative and the direct right of action; - improvement in the description of the powers of the claims representative; - the application of reinforced penalties in case the insurer does not provide a reasoned reply within a certain time limit. - the addition of a list of a wide range of important administrative penalties; - clarification regarding the justification for providing information regarding the person who is in possession of the vehicle; - in the event that the insurer cannot be identified, the text now states that the final responsibility lies with the guarantee funds; - reference to an agreement to be signed between the compensation bodies relating to the modalities of reimbursement; - the insurer should be responsible for the choice of his representative and consider whether he is suitable for the task or not; - clarification regarding the extent of representation powers of the claims representative before courts and national administrations; - reference included stating that Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data has to be respected.�

• #2149
• 1998/12/07 Council Meeting
• 1998/07/16 Decision by Parliament, 1st reading/single reading
  • T4-0433/1998 summary

    In adopting the report by Mr Willi ROTHLEY (PSE, D) Parliament amended the Commission proposal by calling in particular for an extension of the scope of the directive to non-member countries of the Union and the extension of the task of the information centres, which would be required to keep registers of registered vehicles, insurance companies, the numbers of insurance policies and the names and addresses of insurance holders. Parliament also provided for Member States to be required to create a compensation body which had to take action within two months of the request for compensation in cases where the representative had not taken action and to establish a series of deadlines to ensure that rapid compensation was received by the victims of accidents. �

• 1998/07/15 Debate in Parliament
  • Debate in Parliament summary

    Commissioner Monti congratulated the Parliament on the initiative it has taken to call on the Executive to develop a proposal in question in a sensitive sector for the European citizen, in virtue of Article 138 b of the Treaty (in fact, it is the first time that one has exercised these powers). Furthermore, he indicated that the Commission may accept wholly or partially the following amendments : 1, 2, 3, 6, 7, 9, 12, 15, 16, 17, 18, 19, 20, 21, 25, 28, 29, 30, 31 and 33 (however, concerning Article 15a, Mr. Monti rejected the extension of the guarantee concerning accidents which take place in a third country, because this falls within the scope of international agreements). As for amendments 5, 10, 13, 26 and 27, the Commissioner said that, in principle, he agreed with their spirit, but that he could only accept them unless certain changes were made. Lastly, he stated that he was against other amendments : 4, 8, 11, 22, 24, 35, 36 and 37, because, instead of improving the initial proposal, they risk making it less clear (concerning amendment 37 on the use of multilingual application forms in the case of an accident, he remarked that one might achieve this in another context, by means of an agreement between the insurance companies); for other reasons (incoherence with the 3 directives already in force in the field in question), he did not accept amendments 14, 23 and 34.�

• 1998/06/30 Vote in committee, 1st reading/single reading
  • A4-0267/1998
• 1997/10/24 Committee referral announced in Parliament, 1st reading/single reading
• 1997/10/10 Legislative proposal published
  • COM(1997)0510 summary

    OBJECTIVE: in line with the resolution adopted by the European Parliament on 26 October 1995, the proposal for a directive seeks to improve the present remedies available to persons who are temporarily in a Member State other than their State of residence and suffer loss or injury in that Member State caused by a vehicle registered and insured in a Member State other than their State of residence. SUBSTANCE: in accordance with the approach outlined by Parliament, the Commission makes the following proposals: - to provide improved protection for victims of an accident occurring in a Member State other than that of residence against the insurer of the vehicle involved in the accident by establishing special rules supplementing the present system set up by the motor insurance directives; - to introduce throughout the European Union a direct right of action for that category of victims; - to secure the appointment by all insurance undertakings of a representative responsible for settling accident claims in each Member State of the European Union; - to establish information centres. The Commission also makes the following proposals: - to make information centres responsible for identifying the representative empowered to settle accident claims, the insurer providing cover and the vehicle involved in the accident; - to establish in the state of origin a body responsible for settling claims arising out of accidents suffered by such visitors if there is no claims representative or if the insurer proves dilatory to act as a compensating agency; - on effecting payment in the state of residence of the victim, the agency would acquire an automatic right of action against its counterpart in the State of the dilatory insurer, while the agency counterpart would be subrogated to the rights of the victim against the insurer; - to lay down expressly that if the vehicle responsible for the accident is not insured or the insurer cannot be identified, the guarantee funds must compensate the victim on the conditions laid down in the second 'motor vehicle' directive (84/5/EEC).�

Documents

• Legislative proposal published: COM(1997)0510
• Committee report tabled for plenary, 1st reading/single reading: A4-0267/1998
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T4-0433/1998
• Modified legislative proposal published: COM(1999)0147
• Council position published: 14247/1/1999
• Committee recommendation tabled for plenary, 2nd reading: A5-0086/1999
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 2nd reading: T5-0154/1999
• Joint text approved by Conciliation Committee co-chairs: 3612/2000
• Report tabled for plenary, 3rd reading: A5-0130/2000
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 3rd reading: T5-0202/2000
• : Directive 2000/26
• : OJ L 181 20.07.2000, p. 0065

History

(these mark the time of scraping, not the official date of the change)