{"change_dates":[],"dossier":{"amendments":[{"authors":"Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-51","location":[["Proposal for a directive","Recital 2"]],"meps":[124785],"meta":{"created":"2019-07-03T06:34:42"},"new":["(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","injured parties 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\u2019 claims","history statements by a new insurance","undertaking.","__________________","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)."],"old":["(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\u2019 claims","history statements by a new insurance","undertaking.","__________________","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)."],"orig_lang":"ro","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-52","location":[["Proposal for a directive","Recital 2 a (new)"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:42"},"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 \u201cno claims bonus\u201d, in which","premiums are influenced by the","policyholders\u2019 claims history statement.","Such a system would incentivise safer","driving behaviours, thus increasing road","safety, and would offer better conditions","to consumers."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-53","justification":"En el \u00e1mbito de aplicaci\u00f3n de la Directiva debe delimitarse el concepto de circulaci\u00f3n de un\nveh\u00edculo a aquellos supuestos en los que \u00e9ste es utilizado en el tr\u00e1fico, principalmente como\nmedio de transporte en el momento del accidente (t\u00e9rmino utilizado por la jurisprudencia del\nTJUE citada en el Considerando). Por tanto, deber\u00eda excluirse de este concepto la utilizaci\u00f3n\ndel veh\u00edculo para cualquier otro tipo de actividad distinta a su uso en el tr\u00e1fico. Esta\nprecisi\u00f3n es importante tanto para el caso de veh\u00edculos mixtos que desarrollan actividades\nagr\u00edcolas o industriales (tractores, carretillas, etc.), como para el uso de veh\u00edculos en\npruebas deportivas (ya sea compitiendo o participando en las mismas) y, por \u00faltimo, en el\nsupuesto que el veh\u00edculo sea empleado para cometer un acto doloso.","location":[[" Proposal for a directive","Recital 3"]],"meps":[28399],"meta":{"created":"2019-07-03T06:34:43"},"new":["(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 \u2018use of a vehicle\u2019. In particular, the","European Court of Justice has clarified that","motor vehicles are intended mainly 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 \u2018use of a vehicle\u2019.","__________________","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."],"old":["(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 \u2018use of a vehicle\u2019. In particular, the","European Court of Justice has clarified that","motor vehicles are intended normally to","serve as means of transport, 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 \u2018use of a","vehicle\u2019.","__________________","","","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."],"orig_lang":"es","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-54","location":[["Proposal for a directive","Recital 3 a (new)"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:43"},"new":["(3a) Any existing or new types of motor","vehicles fall within the scope of Directive","2009/103/EC. However, some vehicles are","less likely to cause significant damage to","persons or property than others. It would","be disproportionate to extend the scope of","compulsory third party liability insurance","to such vehicles. It is therefore necessary","to limit the scope of Directive","2009/103/EC to those vehicles for which","the Union considers that safety and","security requirements are necessary","before they are placed in the market, i.e.","vehicles that are subject to type-approval.","In line with the principles of subsidiarity","and proportionality, requirements at EU","level should cover those vehicles that have","the potential to cause significant damage","and might be used in a cross-border","situation. Nothing in this Directive","prevents Member States from maintaining","or introducing new provisions covering","these vehicles. Member States should","continue to be able to decide at national","level the appropriate level of protection of","road users who may be injured by vehicles","other than those subject to type-approval."],"old":["",""],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-55","justification":"With a view to improving legal certainty and harmonisation within individual Member States,\nit needs to be made clear which vehicle types fall within the scope of the Directive . Thus, only\nthose vehicles that are subject to prior administrative authorisation before being driven and\nthose subject to approval requirements should fall within the scope of the Directive.","location":[[" Proposal for a directive","Recital 3 a (new)"]],"meps":[28399],"meta":{"created":"2019-07-03T06:34:43"},"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."],"orig_lang":"es","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Lucy Anderson, Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-56","justification":"It is necessary to have a wide interpretation of the scope of this Directive in order to\nsafeguard the victims of accidents caused by motor vehicles in situations on both private and\npublic land. It is not sufficient to exclude vehicles from the scope of this Directive and justify\ndoing so by saying that one can rely on civil liability insurance to cover any incidents\ninvolving those vehicles. The focus here should be on the victims rather than the drivers and\nsimply having a vehicle insured via home insurance or another form is not adequate as these\nare not specific to motor vehicles and often contain disproportionate exclusion clauses, such\nas stating that the provisions do not apply if the vehicle is used at night, which would prevent\na victim of an accident involving those vehicles from being sufficiently compensated for harm.\nFutureproofing this Directive against rapid technological developments is also essential and\njustifies the purposive approach here.","location":[["Proposal for a directive","Recital 3 a (new)"]],"meps":[124949,96915],"meta":{"created":"2019-07-03T06:34:43"},"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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-57","location":[[" Proposal for a directive","Recital 3 a (new)"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:43"},"new":["(3a) Member States should avoid a","situation where insurance is required for","vehicles which are registered but","incapable of being moved because they","are in a museum, because they are","undergoing restoration or because they","are not being used for a lengthy period of","time for another reason and are","immobilised by the disconnection of the","battery or other essential component."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-58","location":[[" Proposal for a directive","Recital 3 b (new)"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:43"},"new":["(3b) It is further appropriate to exclude","from the scope of Directive 2009/103/EC","all vehicles intended exclusively for use in","non-traffic situations. These vehicles are","generally used in controlled environments","and are subject to other forms of liability","insurance, such as employers\u2019 or public","liability insurance, which ensures that","injured parties received adequate","compensation. However, it should","continue to be possible for individual","Member States to decide whether","compulsory motor insurance is the","appropriate form of cover for these","vehicles and under what conditions."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-59","justification":"With a view to properly protecting victims in those cases excluded from the scope of the\nDirective, Member States\u2019 right to establish alternative civil liability insurance arrangements\nwhich are proportional to the risk posed in the above cases.","location":[["Proposal for a directive","Recital 3 b (new)"]],"meps":[28399],"meta":{"created":"2019-07-03T06:34:43"},"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."],"orig_lang":"es","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-60","location":[["Proposal for a directive","Recital 3 c (new)"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:43"},"new":["(3c) Use of vehicles in traffic includes","the use of a vehicle on a road or other","public place. Traffic implies a certain","degree of volume and regularity. The","isolated use of a vehicle for other","purposes in areas without public access","should not be seen as the use of a vehicle","in traffic and should not lead to an","obligation to hold compulsory insurance.","Where a vehicle is used in non-traffic-","related situations, Member States should","be able to limit the scope of compulsory","insurance. This is particularly relevant in","situations where the principal function of","the vehicle, at the time of the accident,","was related to secondary functions of that","vehicle. Nothing in this Directive prevents","Member States from maintaining or","introducing new provisions that extend","the scope of compulsory motor insurance","to these situations."],"old":[""],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-61","location":[[" Proposal for a directive","Recital 3 d (new)"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:43"},"new":["(3d) To avoid a situation where","insurance is required for vehicles which","are registered but incapable of being","moved because they are in a museum,","because they are undergoing restoration","or because they are not being used for a","lengthy period of time and are","immobilised by the disconnection of the","battery or other essential component, the","scope of Directive 2009/103/EC should be","explicitly limited to vehicles which are","capable of use."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-62","location":[[" Proposal for a directive","Recital 4"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:43"},"new":["(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."],"old":["(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","and do not require stopping of the vehicle."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Lucy Anderson, Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-63","justification":" In view of the fact that some Member States have provisions for compensation that are\n considerably higher, and in some cases uncapped, than the Commission proposal, it makes\n sense to stipulate that Member States should provide a compensation limit that goes beyond\n the provisions of the insurance obligation referred to in Article 9 (1).","location":[["Proposal for a directive","Recital 7"]],"meps":[124949,96915],"meta":{"created":"2019-07-03T06:34:43"},"new":["(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."],"old":["(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 with the insurance","undertaking concerned and that claim is","still under consideration and that action is","still pending."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"63","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-64","location":[[" Proposal for a directive","Recital 7"]],"meps":[124785],"meta":{"created":"2019-07-03T06:34:43"},"new":["(7) Effective and efficient protection of","victims of traffic accidents requires that","those victims are always reimbursed the","amounts due 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 with the insurance","undertaking concerned and that claim is","still under consideration and that action is","still pending."],"old":["(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 with the insurance","undertaking concerned and that claim is","still under consideration and that action is","still pending."],"orig_lang":"ro","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-65","justification":" While it is necessary to avoid parallel claims being introduced to insurance undertakings and\n to the body set up in Art.10a, we cannot exclude the possibility to take legal action, that could\n also be related to other legal aspects, against insurance undertakings.","location":[["Proposal for a directive","Recital 7"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:43"},"new":["(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 against","the insurance undertaking concerned and","that claim is still under consideration and","that action is still pending."],"old":["(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 with the insurance","undertaking concerned and that claim is","still under consideration and that action is","still pending."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-66","justification":" Claims histories should not be regulated under the Directive, given that the inclusion or\n exclusion of this variable in the calculation of premiums is part of the insurer\u2019s pricing policy\n\n\nand there are many other factors which can be taken into account for that purpose. We\nshould not interfere with the market freedom of competitors by imposing an obligation on\nthem. What is more, it would be very difficult to use those records in a uniform manner, given\nthe many idiosyncrasies in the Member States.","location":[[" Proposal for a directive","Recital 8"]],"meps":[28399],"meta":{"created":"2019-07-03T06:34:44"},"new":["deleted"],"old":["(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."],"orig_lang":"es","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-67","location":[["Proposal for a directive","Recital 8"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:44"},"new":["(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, a mandatory","bonus-malus system, incorporating","discounts by way of a \u201cno claims bonus\u201d,","should be introduced. When taking 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."],"old":["(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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-68","justification":" Forcing insurers to publicise their underwriting methods risks undermining the\n competitiveness of the motor insurance market.","location":[[" Proposal for a directive","Recital 8"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:44"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-69","justification":"Claims histories should not be regulated under the Directive, given that the inclusion or\nexclusion of this variable in the calculation of premiums is part of the insurer\u2019s pricing policy\nand there are many other factors which can be taken into account for that purpose. We should\nnot interfere with the market freedom of competitors by imposing an obligation on them. What\nis more, it would be very difficult to use those records in a uniform manner, given the many\nidiosyncrasies in the Member States.","location":[[" Proposal for a directive","Recital 9"]],"meps":[28399],"meta":{"created":"2019-07-03T06:34:44"},"new":["deleted"],"old":["(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\u2019s exercise of","implementing powers (OJ L 55, 28.2.2011,","p. 13)."],"orig_lang":"es","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-70","location":[["Proposal for a directive","Recital 9"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:44"},"new":["deleted"],"old":["(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 ."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-71","location":[[" Proposal for a directive","Recital 9 a (new)"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:44"},"new":["(9a) In a view to bring full effect to the","use of claims history statements when","calculating premiums, Member States","should encourage the participation of","insurance undertakings in transparent","price comparison tools."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-72","location":[[" Proposal for a directive","Recital 10"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:44"},"new":["(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."],"old":["(10) 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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"72","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-73","location":[["Proposal for a directive","Recital 11"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:44"},"new":["(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"],"old":["(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"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"73","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-74","location":[[" Proposal for a directive","Recital 12"]],"meps":[124785],"meta":{"created":"2019-07-03T06:34:44"},"new":["(12) Since the objectives of this","Directive, in particular to ensure an equal","minimum protection of injured parties","following traffic accidents across the","Union and to ensure their protection in","case of insolvency of insurance","undertakings, 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."],"old":["(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,","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."],"orig_lang":"ro","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"74","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-75","location":[["Proposal for a directive","Recital 13 a (new)"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:44"},"new":["(13a) To promote a consistent approach","for victims of incidents where a motor","vehicle is used as a weapon to commit a","violent crime or terrorist act, Member","States should ensure their respective","national motor guarantee body regulated","by Article 10 of Directive 2009/103/EC","handles any and all claims arising from","such an act."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Pascal Durand","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-76","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point -1 (new)"],["Directive 2009/103/EC","Article 1 \u2013 point 1"]],"meps":[124693],"meta":{"created":"2019-07-03T06:34:44"},"new":["-1 In Article 1, point 1 is amended as","follows:","1. \u2018vehicle\u2019 means any motor vehicle","intended for travel on land and propelled","solely by mechanical power or where the","mechanical power is designed to propel","the motor vehicle to speeds in excess of 25","km/h, but not running on rails, and any","trailer, whether or not coupled;"],"old":["1. \u2018vehicle\u2019 means any motor vehicle","intended for travel on land and propelled","by mechanical power, but not running on","rails, and any trailer, whether or not","coupled;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Lucy Anderson, Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-77","justification":" This amendment is necessary in order to clarify that motor vehicles with a transport-\n connected function should be included within the scope of this Directive. It is not reasonable\n nor proportionate to allow vehicles to be out of the scope if they are not purely for transport,\n such as camper vans. If they have a function that is connected to transportation then they\n should be included in the scope.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1"],[" Directive 2009/103/EC","Article 1 \u2013 point 1 a"]],"meps":[124949,96915],"meta":{"created":"2019-07-03T06:34:44"},"new":["1a. \u2018use of a vehicle\u2019 means any use of","such vehicle, intended normally to serve as","a means of transport or for connected","purposes, that is consistent with a 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.;"],"old":["1a. \u2018use of a vehicle\u2019 means any use of","such vehicle, intended normally to serve as","a means of transport, 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.;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"77","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-78","justification":"To improve legal certainty and in line with recent CJEU case-law, this definition will make it\npossible to exclude certain vehicle uses outside the context of traffic and when the vehicles in\nquestion are not used as a means of transport. This is an important clarification in the case of\nmixed vehicles that carry out farming and industrial activities (tractors, wheelbarrows, etc.)\nand vehicles used in races (whether competing or participating in them) and, lastly, in cases\nwhere a vehicle has been used to commit a crime.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1"],[" Directive 2009/103/EC","Article 1 \u2013 point 1 a"]],"meps":[28399],"meta":{"created":"2019-07-03T06:34:44"},"new":["(1a) \u2018use of a vehicle\u2019 means any use of","a vehicle 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.)"],"old":["(1a) \u2018use of a vehicle\u2019 means any use of","such vehicle, intended normally to serve as","a means of transport, 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.\";"],"orig_lang":"es","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"78","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-79","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1"],["Directive 2009/103/EC","Article 1 \u2013 point 1 a"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:45"},"new":["1a. 'use of a vehicle' means any use of","such vehicle in traffic that is, at the time","of the accident, used 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.;"],"old":["1a. \u2018use of a vehicle\u2019 means any use of","such vehicle, intended normally to serve as","a means of transport, 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.;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"79","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Lara Comi","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-80","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1"],[" Directive 2009/103/EC","Article 1 \u2013 point 1 a"]],"meps":[96775],"meta":{"created":"2019-07-03T06:34:45"},"new":["1a. 'use of a vehicle\u2019 means any use of","such vehicle, in traffic, that is, at the time","of the accident, consistent with the","vehicle\u2019s function, as means of transport,","that is irrespective of the vehicle\u2019s","characteristics and irrespective of the","terrain on which the motor vehicle is used","and of whether it is stationary or in","motion.;"],"old":["1a. \u2018use of a vehicle\u2019 means any use of","such vehicle, intended normally to serve","as a means of transport, 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.;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"80","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Roberta Metsola","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-81","justification":" A distinction has to be made between the primary use of a vehicle that can also be used as a\n means of transport and vehicles that are themselves primarily a means of transport of goods\n and passengers. In line with the Rapporteur's introduction of a non-traffic related insurance\n cover in the Recitals, it is important to distinguish between an accident occurring on a public\n\nroad and an accident occurring on private property or property with limited access to the\npublic.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1"],[" Directive 2009/103/EC","Article 1 \u2013 point 1 a"]],"meps":[118859],"meta":{"created":"2019-07-03T06:34:45"},"new":["1a. 'use of a vehicle' means any use of","such vehicle in traffic, that is intended","primarily to serve as a means of transport","and that, at the time of the accident, was","being used in line with its primary","function on public roads and irrespective","of whether it is stationary or in motion;"],"old":["1a. \u2018use of a vehicle\u2019 means any use of","such vehicle, intended normally to serve as","a means of transport, 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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"81","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-82","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1"],["Directive 2009/103/EC","Article 1 \u2013 point 1 a"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:45"},"new":["1a. \u2018use of a vehicle\u2019 means any use of","such vehicle, intended normally to be used","in traffic, that is consistent with the normal","function of the 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.;"],"old":["1a. \u2018use of a vehicle\u2019 means any use of","such vehicle, intended normally to serve as","a means of transport, 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.;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"82","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Lucy Anderson, Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-83","justification":" It is necessary to amend the scope of the existing Directive because it is inextricably linked to\n our amendments on the provisions of the Article 1, point 1A.","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1 a (new)"],["Directive 2009/103/EC","Article 2 \u2013 paragraphs 1 a and 1 b (new)"]],"meps":[124949,96915],"meta":{"created":"2019-07-03T06:34:45"},"new":["(1a) In Article 2, the following","paragraphs are added:","The scope of this Directive shall include","but not be limited to all vehicles covered","by Regulation (EU) 2018/858, Regulation","(EU) 2016/1628, Regulation (EU) No","168/2013, or Regulation (EU) No","167/2013.","This Directive shall apply notwithstanding","that the use of a vehicle is partly or wholly","for recreational purposes, or in the","context of sporting activities or","entertainment."],"old":["",""],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"83","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-84","justification":" Replace the 'use of vehicles' in this article with 'capable of use' to avoid a situation where\n insurance is required for vehicles which are registered but incapable of being moved because\n they are in a museum, and immobilised or undergoing restoration. See corresponding recital.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1 b (new)"],[" Directive 2009/103/EC","Article 3 \u2013 paragraph 1"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:45"},"new":["(1b) In Article 3, the first paragraph is","amended as follows:","Each Member State shall, subject to Article","5, take all appropriate measures to ensure","that civil liability in respect of vehicles","which are capable of use normally based","in its territory are covered by insurance."],"old":["Each Member State shall, subject to Article","5, take all appropriate measures to ensure","that civil liability in respect of the use of","vehicles normally based in its territory is","covered by insurance."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"84","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Roberta Metsola","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-85","justification":"Third party motor insurance policies should cover vehicles being used on public roads and\naccidents occurring in that context, such as in the case of a tractor being used to transport\ngoods on a public road that collides accidentally with a private car.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1 b (new) "]],"meps":[118859],"meta":{"created":"2019-07-03T06:34:45"},"new":["(1b) In Article 3, the following","paragraph is added:","Member States shall ensure that when a","vehicle is required to hold third party","motor insurance pursuant to the first","paragraph, the insurance is also valid and","covers injured parties in the case of","accidents occurring when that vehicle is","in traffic on public roads and not being","used in line with its primary function."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"85","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-86","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 2"],["Directive 2009/103/EC","Article 4 \u2013 paragraph 1"]],"meps":[124785],"meta":{"created":"2019-07-03T06:34:45"},"new":["Member States shall refrain from making","checks on insurance against civil liability","in respect of vehicles normally based in 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, so as to avoid obstructing","the flow of traffic or inconveniencing","travellers."],"old":["Member States shall refrain from making","checks on insurance against civil liability","in respect of vehicles normally based in 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."],"orig_lang":"ro","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"86","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-87","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 2"],[" Directive 2009/103/EC","Article 4 \u2013 paragraph 1 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:45"},"new":["However, they may carry out such checks","on insurance provided that those checks are","non-discriminatory, necessary and","proportionate, and"],"old":["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"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"87","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-88","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 2"],[" Directive 2009/103/EC","Article 4 \u2013 paragraph 1 \u2013 subparagraph 2 \u2013 point b"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:45"},"new":["(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."],"old":["(b) they form part of a general system","of checks on the national territory and do","not require the vehicle to stop."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"88","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-89","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 2 "]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:45"},"new":["1a. For the purposes of carrying out","checks on insurance, as referred to in","paragraph 1, a Member State shall grant","other Member States access to the","following national vehicle registration","data, with the power to conduct automated","searches thereon:","(a) data on whether a vehicle is","covered by a compulsory insurance;","(b) data relating to owners or holders","of the vehicle which is relevant to their","insurance against civil liability subject to","Article 3.","Access to those data shall be granted","through the Member States\u2019 national","contact points, as designated pursuant to","Article 4(2) of Directive (EU) 2015/413*.","__________________","*","Directive (EU) 2015/413 of the","European Parliament and of the Council","of 11 March 2015 facilitating cross-","border exchange of information on road-","safety-related traffic offences (OJ L 68,","13.3.2015, p. 9)"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"89","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-90","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 3"],["Directive 2009/103/EC","Article 9 \u2013 paragraph 1 \u2013 point a"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:46"},"new":["(a) for personal injuries: EUR 10 000","000 per accident, irrespective of the","number of victims, or EUR 2 000 000 per","victim;"],"old":["(a) for personal injuries: EUR 6 070","000 per accident, irrespective of the","number of victims, or EUR 1 220 000 per","","victim;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"90","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-91","justification":"This amendment is necessary as it is inextricably linked to the provisions of our amendment in\nArticle 10a on the protection of injured parties in case of insolvency of an insurance\nundertaking or lack of cooperation of an insurance undertaking.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 3"],[" Directive 2009/103/EC","Article 9 \u2013 paragraph 1 \u2013 point b"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:46"},"new":["(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."],"old":["1. Each Member State shall set up or","authorise a body with the task of providing","compensation, at least up to the limits of","the insurance obligation 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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"91","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-93","justification":"Due to recent incidents of terrorist attacks in Europe in which a motor vehicle has been used\nas a weapon, Article 10 of the EU Motor Insurance Directive should be amended to establish\nan initiative that mutualises this risk at national level. This will also help minimise the\nfragmentation across Member States as concerns the method and levels of compensation in\nthese cases.","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 3 a (new)"],["Directive 2009/103/EC","Article 10 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:46"},"new":["(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, at least up to the limits of","the insurance obligation 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, including","with respect to incidents where a motor","vehicle is used as a weapon to commit a","violent crime or terrorist act."],"old":["1. Each Member State shall set up or","authorise a body with the task of providing","compensation, at least up to the limits of","the insurance obligation 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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"93","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Lucy Anderson, Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-94","justification":" In view of the fact that some Member States have provisions for compensation that are\n considerably higher, and in some cases uncapped, than the Commission proposal, it makes\n sense to stipulate that Member States provide a compensation limit that goes beyond the\n provisions of the insurance obligation referred to in Article 9 (1).","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],[" Directive 2009/103/EC","Article 10 a \u2013 paragraph 1 \u2013 introductory part"]],"meps":[124949,96915],"meta":{"created":"2019-07-03T06:34:46"},"new":["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:"],"old":["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) for personal injuries or material","damage, caused by a vehicle insured by an","insurance undertaking in any of the","following situations:"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"94","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-95","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],[" Directive 2009/103/EC","Article 10 a \u2013 paragraph 1 \u2013 introductory part"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:46"},"new":["1. Each Member State 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) for personal injuries or material","damage, caused by a vehicle insured by an","insurance undertaking in any of the","following situations:"],"old":["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) for personal injuries or material","damage, caused by a vehicle insured by an","insurance undertaking in any of the","following situations:"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"95","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-96","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],["Directive 2009/103/EC","Article 10 a \u2013 paragraph 1 \u2013 point c"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:46"},"new":["(c) the insurance undertaking or its","claims representative has not provided a","reasoned reply to the points made in a","claim for compensation within a","reasonable period of time after the date on","which the injured party presented his or her","claim to that insurance undertaking."],"old":["(c) the insurance undertaking or its","claims representative has not provided a","reasoned reply to the points made in a","claim for compensation within three","months after the date on which the injured","party presented his or her claim to that","insurance undertaking."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"96","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-97","justification":" While it is necessary to avoid parallel claims being introduced to insurance undertakings and\n to the body set up in Art.10a, we cannot exclude the possibility to take legal action, that could\n also be related to other aspects, against insurance undertakings.","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],["Directive 2009/103/EC","Article 10 a \u2013 paragraph 2"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:46"},"new":["2. Injured parties may not present a","claim to the body referred to in paragraph 1","if they have presented a claim directly","against the insurance undertaking and such","claim is still pending."],"old":["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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"97","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-98","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],[" Directive 2009/103/EC","Article 10 a \u2013 paragraph 3"]],"meps":[124785],"meta":{"created":"2019-07-03T06:34:46"},"new":["3. The body referred to in paragraph 1","shall give a reply to the claim within thirty","days after the date on which the injured","party has presented his or her claim for","compensation."],"old":["3. The body referred to in paragraph 1","shall give a reply to the claim within two","months after the date on which the injured","party has presented his or her claim for","compensation."],"orig_lang":"ro","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"98","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-99","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],[" Directive 2009/103/EC","Article 10 a \u2013 paragraph 3"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:46"},"new":["3. The body referred to in paragraph 1","shall give a reply to the claim within one","month after the date on which the injured","party has presented his or her claim for","compensation."],"old":["3. The body referred to in paragraph 1","shall give a reply to the claim within two","months after the date on which the injured","party has presented his or her claim for","compensation."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"99","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-100","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],["Directive 2009/103/EC","Article 10 a \u2013 paragraph 3 a (new)"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:46"},"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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"100","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il, Roberta Metsola","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-101","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],["Directive 2009/103/EC","Article 10 a \u2013 paragraph 4"]],"meps":[125706,118859],"meta":{"created":"2019-07-03T06:34:46"},"new":["4. Where the injured party is resident","in another Member State than the Member","State in which the vehicle causing the","accident is insured, the body referred to in","paragraph 1 and which has compensated","that injured party in his or her Member","State of residence, shall be entitled to claim","reimbursement of the sum paid by way of","compensation from the body referred to in","paragraph 1 in the Member State where the","vehicle causing the accident is insured."],"old":["4. Where the injured party is resident","in another Member State than the Member","State in which the insurance undertaking","referred to in paragraph 1 is established,","the body referred to in paragraph 1 and","which has compensated that injured party","in his or her Member State of residence,","shall be entitled to claim reimbursement of","the sum paid by way of compensation from","the body referred to in paragraph 1 in the","Member State in which the insurance","undertaking which issued the policy of the","liable party is established."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"101","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-102","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],[" Directive 2009/103/EC","Article 10 a \u2013 paragraph 6"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:46"},"new":["6. Member States shall not allow the","body referred to in paragraph 1 to make the","payment of compensation subject to any","reduction or requirements other than those","laid down in this Directive and in particular","not the requirement that the injured party","should establish that the party liable or the","insurance undertaking is unable or refuses","to pay."],"old":["6. Member States shall not allow the","body referred to in paragraph 1 to make the","payment of compensation subject to any","requirements other than those laid down in","this Directive and in particular not the","requirement that the injured party should","establish that the party liable is unable or","refuses to pay."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"102","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Lucy Anderson, Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-103","justification":" In order to ensure that consumers are properly compensated within three months of their\n claim being submitted, it is necessary to provide a proportionate and dissuasive penalties\n regime to take action against rogue insurance companies who seek to avoid their duties.\n\nProper and responsible claims management is essential to ensuring the smooth functioning of\nany insurance regime. Therefore, Member States should be entitled to impose financial and\nany other penalties against insurance firms that fail to comply with the provisions of this\nDirective","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],[" Directive 2009/103/EC","Article 10 a \u2013 paragraph 6 a (new)"]],"meps":[124949,96915],"meta":{"created":"2019-07-03T06:34:46"},"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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"103","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Roberta Metsola","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-104","justification":"Justification: In cases where an insurance undertaking goes insolvent, it should be the\nCompensation Fund in the Member State where that insurance undertaking operated that\nreimburses the body of the Member State of injured party's residence that compensated the\nindividual concerned. The insurance undertaking would have paid into the Fund of the host\ncountry not the home country while still in business.","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],["Directive 2009/103/EC","Article 10 a \u2013 paragraph 7 a (new)"]],"meps":[118859],"meta":{"created":"2019-07-03T06:34:46"},"new":["7a. The latter body shall be subrogated","to the injured party in his or her rights","against the body referred to in paragraph","1 established in the Member State where","the liable party is resident, in so far as the","compensation body in the injured party's","Member State of residence provided","compensation for personal injuries or","damage to property. Each Member State","shall be obliged to acknowledge this","subrogation as provided for by any other","Member State."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"104","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il, Roberta Metsola","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-105","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],["Directive 2009/103/EC","Article 10 a \u2013 paragraph 7 b (new)"]],"meps":[125706,118859],"meta":{"created":"2019-07-03T06:34:46"},"new":["7b. Injured parties referred to in","Article 20(1) may, in the situations","referred to in paragraph 1, apply for","compensation from the compensation","body referred to in Article 24 in their","Member State of residence."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"105","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il, Roberta Metsola","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-106","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],[" Directive 2009/103/EC","Article 10 a \u2013 paragraph 7 c (new)"]],"meps":[125706,118859],"meta":{"created":"2019-07-03T06:34:46"},"new":["7c. The compensation body which has","compensated the injured party in his or","her Member State of residence shall be","entitled to claim reimbursement of the","sum paid by way of compensation from","the compensation body in the Member","State where the vehicle causing the","accident is insured."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"106","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-107","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5"],[" Directive 2009/103/EC","Article 16"]],"meps":[28399],"meta":{"created":"2019-07-03T06:34:47"},"new":["deleted"],"old":["(5) Article 16 is amended as follows:","","","(a) the following sentence is added at","the end of the second subparagraph:","\u201cThey shall do so using the form of the","claims history statement\u201d;","(b) the following subparagraphs are","added:","\u201cMember 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.\""],"orig_lang":"es","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"107","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-108","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],[" Directive 2009/103/EC","Article 16 \u2013 paragraph 3"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:47"},"new":["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 either by","withholding discounts commonly referred","to as \u201cno claims bonuses\u201d 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."],"old":["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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"108","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-109","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],[" Directive 2009/103/EC","Article 16 \u2013 paragraph 3 a (new)"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:47"},"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 \u201cno claims bonus\u201d,","in which premiums are influenced by","policyholders\u2019 claims history statement."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"109","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-110","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],["Directive 2009/103/EC","Article 16 \u2013 paragraph 4"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:47"},"new":["Member States shall ensure that insurance","undertakings and 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."],"old":["Member States shall ensure that insurance","undertakings publish their policies in","respect of their use of claims history","statements when calculating premiums."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"110","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-111","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],["Directive 2009/103/EC","Article 16 \u2013 paragraph 4"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:47"},"new":["Without prejudice to the pricing policies","of insurance undertakings, Member States","shall ensure that insurance undertakings","publish their policies in respect of their use","of claims history statements when","calculating premiums."],"old":["Member States shall ensure that insurance","undertakings publish their policies in","respect of their use of claims history","statements when calculating premiums."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"111","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-112","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],[" Directive 2009/103/EC","Article 16 \u2013 paragraph 4 a (new)"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:47"},"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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"112","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-113","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],[" Directive 2009/103/EC","Article 16 \u2013 paragraph 5 \u2013 introductory part"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:47"},"new":["The Commission shall be empowered to","adopt delegated acts in accordance with","Article 28a in order to define 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:"],"old":["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:"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"113","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-114","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],["Directive 2009/103/EC","Article 16 \u2013 paragraph 5 \u2013 point b"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:47"},"new":["(b) the identity, the date of birth, and","the number and date of issue of the","driving licence of the policyholder;"],"old":["(b) the identity of the policyholder;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"114","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-115","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],["Directive 2009/103/EC","Article 16 \u2013 paragraph 5 \u2013 point c"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:47"},"new":["(c) the vehicle insured and its","registration index number;"],"old":["(c) the vehicle insured;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"115","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-116","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],["Directive 2009/103/EC","Article 16 \u2013 paragraph 5 \u2013 point d"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:47"},"new":["(d) the date of inception and date of","expiration of the insurance of the vehicle:"],"old":["(d) the period of cover of the vehicle","insured:"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"116","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-117","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],[" Directive 2009/103/EC","Article 16 \u2013 paragraph 5 \u2013 point e"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:47"},"new":["(e) the number and the nature, as","regards damage to property and/or","personal injury, of the declared third party","liability claims during the period covered","by the claims history statement."],"old":["(e) the number and value of the","declared third party liability claims during","the period covered by the claims history","statement."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"117","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-118","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],[" Directive 2009/103/EC","Article 16 \u2013 paragraph 5 \u2013 point e a (new)"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:47"},"new":["(ea) the number of years driven without","accidents;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"118","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-119","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],[" Directive 2009/103/EC","Article 16 \u2013 paragraph 5 \u2013 point e b (new)"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:47"},"new":["(eb) the latest reference to any risk","classification by the insurer;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"119","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-120","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],["Directive 2009/103/EC","Article 16 \u2013 paragraph 5 \u2013 point e c (new)"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:48"},"new":["(ec) the contact address of the","policyholder;"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"120","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-121","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],["Directive 2009/103/EC","Article 16 \u2013 paragraph 5 \u2013 point e d (new)"]],"meps":[125706],"meta":{"created":"2019-07-03T06:34:48"},"new":["(ed) the date of issue of the insurance","undertakings\u2019 policy that is used in","respect of their use of claims history","statements when calculating premiums."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"121","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-122","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5"],["Directive 2009/103/EC","Article 16 \u2013 paragraph 5 a (new)"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:48"},"new":["The Commission shall consult with all","relevant stakeholders before adopting","those implementing acts and seek to reach","a mutual agreement between stakeholders","as to the content and the form of the","claims history statement."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"122","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-123","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 a (new)"],[" Directive 2009/103/EC","Article 26 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T06:34:48"},"new":["5a. The following Article is inserted:","\u201cArticle 26a","Limitation period","1. Member States shall ensure that a","limitation period of at least three years","applies to actions under Articles 19 and","20(2) that relate to compensation for","personal injury and damage to property","resulting from a cross-border road traffic","accident. The limitation period shall begin","to run from the day on which the claimant","became aware, or had reasonable grounds","to become aware, of the extent of the","injury, loss or damage, its cause and the","identity of the person liable and the","insurance undertaking covering this","person against civil liability or the claim","representative or compensation body","responsible for providing compensation","and against whom the claim is to be","brought.","2. Member States shall ensure that","where the proper law of the claim","provides for a limitation period which is","longer than three years, such longer","limitation period shall apply.","3. Member States shall ensure that","they provide the Commission with up-to-","date information on national rules of","limitation for damages caused by traffic","accidents. The Commission shall make","publicly available and accessible, in all","Union languages, that general","information communicated by Member","States.\u201d"],"old":[""],"orig_lang":"de","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"123","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-124","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 b (new)"],["Directive 2009/103/EC","Article 26 b (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T06:34:48"},"new":["5b. The following Article is inserted:","\u201cArticle 26b","Suspension of limits","1. Member States shall ensure that","the limitation provided for in Article 26a","is suspended during the period between","submission by the claimant of his or her","claim to:","(a) the insurance undertaking of the","person who caused the accident or its","claims representative referred to in","Articles 21 and 22; or","(b) the compensation body referred to","in Articles 24 and 25, and the defendant\u2019s","rejection of the claim.","2. Where the remaining part of the","limitation period, once the period of","suspension ends, is less than six months,","Member States shall ensure that the","claimant is granted a minimum period of","six additional months to initiate court","proceedings.","3. Member States shall ensure that, if","a period expires on a Saturday or a","Sunday or on one of their official","holidays, it shall be extended until the end","of the first following working day.\u201d"],"old":[""],"orig_lang":"de","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"124","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-125","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 c (new)"],[" Directive 2009/103/EC","Article 26 c (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T06:34:48"},"new":["5c. The following Article is inserted:","\u201cArticle 26c","Calculation of time limits","Member States shall ensure that any","period of time laid down by this Directive","is calculated as follows:","(a) calculation shall start on the day","following the day on which the relevant","event occurred;","(b) when a period is expressed as one","year or a number of years, it shall expire","in the relevant subsequent year in the","month having the same name and on the","day having the same number as the month","and the day on which the said event","occurred. If the relevant subsequent","month has no day with the same number,","the period shall expire on the last day of","that month;","(c) periods shall not be suspended","during court recesses.\u201d"],"orig_lang":"de","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"125","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-126","justification":"Claims histories should not be regulated under the Directive, given that the inclusion or\nexclusion of this variable in the calculation of premiums is part of the insurer\u2019s pricing policy\nand there are many other factors which can be taken into account for that purpose. We should\nnot interfere with the market freedom of competitors by imposing an obligation on them. What\nis more, it would be very difficult to use those records in a uniform manner, given the many\nidiosyncrasies in the Member States.","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],["Directive 2009/103/EC","Articles 28 a, 28 b and 28 c"]],"meps":[28399],"meta":{"created":"2019-07-03T06:34:48"},"new":["deleted"],"old":["[...]"],"orig_lang":"es","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"126","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-127","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6 \u2013 introductory part"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:48"},"new":["(6) the following Articles 28b and 28c","are inserted:"],"old":["(6) the following Articles 28a, 28b and","28c are inserted:"],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"127","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-128","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],["Directive 2009/103/EC","Article 28 a"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:48"},"new":["Article 28a","Committee procedure","deleted","Where reference is made to this"],"old":["","","1. The Commission shall be assisted","by the European Insurance and","Occupational Pensions Committee","established by Commission Decision","2004/9/EC ****.That committee shall be","a committee within the meaning of","Regulation (EU) No 182/2011 of the","European Parliament and of the","Council*****.","2.","paragraph, Article 4 of Regulation (EU)","No 182/2011 shall apply."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"128","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-129","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],[" Directive 2009/103/EC","Article 28 b \u2013 paragraph 2"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:48"},"new":["2. The power to adopt delegated acts","referred to in Article 9(2) 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]."],"old":["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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"129","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-130","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],["Directive 2009/103/EC","Article 28 b \u2013 paragraph 5"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:48"},"new":["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 three 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."],"old":["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 two 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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"130","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-131","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],["Directive 2009/103/EC","Article 28 c"]],"meps":[125706,124708],"meta":{"created":"2019-07-03T06:34:48"},"new":["No later than five years after the date of","transposition of this Directive, an","evaluation and full review of this Directive","shall be carried out. This evaluation shall,","in particular, assess the suitability of this","Directive in the light of technological","developments related to autonomous,","semi-autonomous and high speed small","vehicles falling under categories of","vehicles as referred to in Article 2,","paragraph 2, point h), i), j), k) of","Regulation (EU) No 168/2013, and","whether the liability system it provides is","likely to satisfy future needs. The","Commission shall communicate the","conclusions of the evaluation accompanied","by its observations and, where","appropriate, by a legislative proposal to","the European Parliament, the Council and","the European Economic and Social","Committee."],"old":["No later than seven 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.",""],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"131","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-132","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],[" Directive 2009/103/EC","Article 28 c"]],"meps":[96915,124949],"meta":{"created":"2019-07-03T06:34:48"},"new":["No later than five years after the date of","transposition of this Directive, 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."],"old":["No later than seven 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.",""],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"132","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-133","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],["Directive 2009/103/EC","Article 28 c"]],"meps":[35135],"meta":{"created":"2019-07-03T06:34:48"},"new":["No later than seven years after the date of","transposition of this Directive, an","evaluation of this Directive shall be carried","out. That evaluation shall, in particular,","assess the suitability of this Directive in","light of technological developments","related to autonomous and semi-","autonomous vehicles. 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."],"old":["No later than seven 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."],"orig_lang":"en","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"133","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-134","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],["Directive 2009/103/EC","Article 28 c"]],"meps":[124785],"meta":{"created":"2019-07-03T06:34:48"},"new":["No later than five 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."],"old":["No later than seven 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."],"orig_lang":"ro","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"134","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White","changes":{},"committee":["IMCO"],"date":"2018-12-10T00:00:00","id":"PE631.961-135","justification":" The amendment extends the transposition and entry into force periods because the changes to\n be made are significant and require extensive adaptation work. It ensures that Member States\n have at least 24 months to introduce those changes in obligatory car insurance at national\n level in their compensation systems.However, regarding the provisions in the new Article\n 10(a) on the use of Guarantee Funds when insurers face insolvency, the 12-month time frame\n should remain so that victims receive proper protection as soon as possible.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[28399],"meta":{"created":"2019-07-03T06:34:49"},"new":["Member States shall adopt and publish, by","[PO: Please insert date 24 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 \u2013 12 months after entry into force]."],"old":["Member States shall adopt and publish, by","[PO: Please insert date 12 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."],"orig_lang":"es","peid":"PE631.961v01-00","reference":"2018/0168(COD)","seq":"135","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-631961_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-2","location":[["Proposal for a directive","Recital 1"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:03"},"new":["(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 a 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."],"old":["(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 impact on the free movement","of persons, goods and vehicles. 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."],"orig_lang":"ro","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"2","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-3","location":[["Proposal for a directive","Recital 2"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:03"},"new":["(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\u2019 claims","history statements by a new insurance","undertaking. A compulsory \u2018bonus-malus\u2019","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)."],"old":["(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\u2019 claims","history statements by a new insurance","undertaking.","_________________","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)."],"orig_lang":"de","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"3","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-4","location":[[" Proposal for a directive","Recital 3 a (new)"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:03"},"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."],"old":[""],"orig_lang":"de","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"4","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-5","location":[["Proposal for a directive","Recital 3 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:03"},"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."],"orig_lang":"ro","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"5","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-6","location":[[" Proposal for a directive","Recital 3 b (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:03"},"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."],"orig_lang":"ro","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"6","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-7","location":[[" Proposal for a directive","Recital 4"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:03"},"new":["(4) Member States currently are","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, 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."],"old":["(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","and do not require stopping of the vehicle."],"orig_lang":"ro","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"7","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-8","location":[["Proposal for a directive","Recital 4 a (new)"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:04"},"new":["(4a) Uninsured driving, circulating","with a motor vehicle without a","compulsory motor third party liability","insurance, is an increasing problem","within the EU. The cost for the EU has","been estimated at \u20ac 870 million in claims","in 2011 for the EU as a whole. It shall be","stressed that uninsured driving negatively","affects a wide range of stakeholders","including victims of accidents, insurers,","guarantee funds and motor insurance","policyholders."],"orig_lang":"en","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"8","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Gilles Lebreton","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-9","location":[["Proposal for a directive","Recital 5"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:04"},"new":["(5) Member States that opt to set up a","system that processes personal data which","may subsequently be shared with other","Member States, such as data from number","plate recognition technology, need to","legislate to allow for the processing of","personal data for the purposes of","combatting uninsured driving, whilst","establishing suitable measures to safeguard","the data subject's rights and freedoms and","legitimate interests. The provisions of","Regulation (EU) 2016/679 of the European","Parliament and of the Council19 apply to","the processing of personal data for the","purpose of combatting uninsured driving.","The Member States' legislation could in","particular specify the precise purpose, refer","to the relevant legal basis, comply with the","relevant security requirements and respect","the principles of necessity, proportionality,","and purpose limitation, and should set a","proportionate data retention period. In","addition, the principles of personal data","protection by design and data protection by","default should be applied to all data","processing systems developed and used","within the framework of the Member","States' legislation.","_________________","19","Regulation (EU) 2016/679 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data and on the free movement of","such data, and repealing Directive","95/46/EC (OJ L 119, 4.5.2016, p. 1)."],"old":["(5) Member States that opt to set up a","system that processes personal data which","may subsequently be shared with other","Member States, such as data from number","plate recognition technology, need to","legislate to allow for the processing of","personal data for the purposes of","combatting uninsured driving, whilst","establishing suitable measures to safeguard","the data subject's rights and freedoms and","legitimate interests. The provisions of","Regulation (EU) 2016/679 of the European","Parliament and of the Council19 apply to","","the processing of personal data for the","purpose of combatting uninsured driving.","The Member States' legislation should in","particular specify the precise purpose, refer","to the relevant legal basis, comply with the","relevant security requirements and respect","the principles of necessity, proportionality,","and purpose limitation, and should set a","proportionate data retention period. In","addition, the principles of personal data","protection by design and data protection by","default should be applied to all data","processing systems developed and used","within the framework of the Member","States' legislation.","_________________","19","Regulation (EU) 2016/679 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data and on the free movement of","such data, and repealing Directive","95/46/EC (OJ L 119, 4.5.2016, p. 1)."],"orig_lang":"fr","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"9","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-10","location":[[" Proposal for a directive","Recital 7"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:04"},"new":["(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."],"old":["(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 with the insurance","undertaking concerned and that claim is","still under consideration and that action is","still pending."],"orig_lang":"ro","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"10","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-11","location":[["Proposal for a directive","Recital 8"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:04"},"new":["(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 should use a compulsory","\u2018bonus-malus\u2019 system to determine motor","insurance premiums. Claims history","statements should be taken into account.","There should be no discrimination 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."],"old":["(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."],"orig_lang":"de","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"11","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Gilles Lebreton","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-12","location":[[" Proposal for a directive","Recital 10"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:04"},"new":["deleted"],"old":["(10) 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."],"orig_lang":"fr","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"12","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-13","location":[["Proposal for a directive","Recital 11"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:04"},"new":["(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."],"old":["(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"],"orig_lang":"de","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"13","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-14","location":[["Proposal for a directive","Recital 11"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:04"},"new":["(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."],"old":["(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"],"orig_lang":"ro","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"14","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-15","location":[[" Proposal for a directive","Recital 12"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:04"},"new":["(12) Since the objectives of this","Directive, in particular to ensure an equal","minimum protection of victims of traffic","accidents across the Union, 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."],"old":["(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,","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.",""],"orig_lang":"ro","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"15","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Kosma Z\u0142otowski","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-16","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1"],["Directive 2009/103/EC","Article 1"]],"meps":[124884],"meta":{"created":"2019-07-03T06:52:04"},"new":["1a. \u2018use of a vehicle\u2019 means use of such","vehicle, intended normally to serve as a","means of transport, that is consistent with","the normal function of that vehicle and of","whether it is stationary or in motion.;"],"old":["1a. \u2018use of a vehicle\u2019 means any use of","such vehicle, intended normally to serve as","a means of transport, 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.;"],"orig_lang":"en","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"16","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-17","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 1 a (new)"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:04"},"new":["1a. 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Adopting it will necessitate","corresponding changes throughout.)"],"old":["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"],"orig_lang":"ro","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"18","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-19","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 3"],["Directive 2009/103/EC","Article 9 \u2013 paragraph 1 \u2013 point a"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:04"},"new":["(a) for personal injuries:","EUR 10 000 000 per accident, irrespective","of the number of victims, or","EUR 1 220 000 per victim;"],"old":["(a) for personal injuries:","EUR 6 070 000 per accident, irrespective","of the number of victims, or","EUR 1 220 000 per victim;"],"orig_lang":"de","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"19","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-20","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],["Directive 2009/103/EC","Article 10 a \u2013 paragraph 1 a a (new)"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:04"},"new":["(aa) the insurance undertaking became","insolvent"],"orig_lang":"en","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"20","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-21","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],["Directive 2009/103/EC","Article 10 \u2013 paragraph 1 a b (new)"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:05"},"new":["(ab) the insurance undertaking has","insufficient financial resources to","compensate victims of accidents involving","autonomous vehicles circulating within","the EU;"],"old":[""],"orig_lang":"en","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"21","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-22","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],[" Directive 2009/103/EC","Article 10 a \u2013 paragraph 1 \u2013 point c"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:05"},"new":["(c) the insurance undertaking or its","claims representative has not provided a","reasoned reply to the points made in a","claim for compensation within 6 months","after the date on which the injured party","presented his or her claim to that insurance","undertaking."],"old":["(c) the insurance undertaking or its","claims representative has not provided a","reasoned reply to the points made in a","claim for compensation within three","months after the date on which the injured","party presented his or her claim to that","insurance undertaking."],"orig_lang":"en","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"22","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Kosma Z\u0142otowski","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-23","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 4"],[" Directive 2009/103/EC","Article 10"]],"meps":[124884],"meta":{"created":"2019-07-03T06:52:05"},"new":["3. 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The body referred to in paragraph 1","shall give a reply to the claim within two","months after the date on which the injured","party has presented his or her claim for","compensation."],"orig_lang":"en","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"23","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-24","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],["Directive 2009/103/EC","Article 16"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:05"},"new":["Member States shall ensure that insurance","undertakings and 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."],"old":["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."],"orig_lang":"de","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"24","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":"Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-25","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],["Directive 2009/103/EC","Article 16"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:05"},"new":["Member States shall ensure that","insurance undertakings and the bodies","referred to in the second subparagraph","incorporate a compulsory \u2018bonus-malus\u2019","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."],"orig_lang":"de","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"25","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Kosma Z\u0142otowski","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-26","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],[" Directive 2009/103/EC","Article 16"]],"meps":[124884],"meta":{"created":"2019-07-03T06:52:05"},"new":["deleted"],"old":["Member States shall ensure that","insurance undertakings publish their","policies in respect of their use of claims","history statements when calculating","premiums."],"orig_lang":"en","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"26","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-27","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 5 \u2013 point b"],[" Directive 2009/103/EC","Article 16"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:05"},"new":["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 \u2018bonus-","malus\u2019 system they use."],"old":["Member States shall ensure that insurance","undertakings publish their policies in","respect of their use of claims history","statements when calculating premiums."],"orig_lang":"de","peid":"PE630.675v01-00","reference":"2018/0168(COD)","seq":"27","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630675_EN.pdf"},{"authors":" Tiemo W\u00f6lken","changes":{},"committee":["JURI"],"date":"2018-11-26T00:00:00","id":"PE630.675-28","justification":"This addition is necessary in order to specify the scope of the assessment.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],[" Directive 2009/103/EC","Article 28c"]],"meps":[185619],"meta":{"created":"2019-07-03T06:52:05"},"new":["No later than five years after the date of","transposition of this Directive, an","evaluation of this Directive shall be carried","out. 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We feel that in the interests of consistency, the evaluation\n of the Directive should also be conducted to the same 5-year deadline, especially given the\n pace of technical developments, which the Commission needs to take into account as part of\n its evaluation.","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 \u2013 point 6"],["Directive 2009/103/EC","Article 28 c"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:05"},"new":["No later than five 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. 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PURPOSE: to strengthen EU rules on motor insurance to\nbetter protect victims of motor vehicle accidents.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE\nEUROPEAN PARLIAMENT: the European Parliament decides in accordance\nwith the ordinary legislative procedure and on an equal footing\nwith the Council.
\nBACKGROUND: the first EU Directive on motor insurance\nwas adopted in 1972, with the dual objectives of protecting victims\nof motor vehicle accidents (with or without a cross-border\nelement), and facilitating the free movement of motor vehicles\nbetween Member States. Five motor insurance Directives since 1972\nprogressively strengthened the Directive and enhanced its\nprovisions; they were consolidated into Directive\n2009/103/EC of the European Parliament and the Council. Motor\ninsurance also has an impact on the free movement of persons, goods\nand vehicles. It should therefore be a key objective of the Union\naction in the field of financial services to reinforce and\nconsolidate the internal market for motor\ninsurance.
\nThe evaluation of the functioning of Directive\n2009/103/EC concluded that the Directive was working well overall.\nHowever, four areas have been identified where targeted\namendments would be appropriate: (i) compensation of victims of\naccidents in cases of insolvency of an insurance undertaking, (ii)\nminimum obligatory amounts of insurance cover, (iii) checks by\nMember States on vehicle insurance and (iv) the use of\npolicyholders claims history statements by a new insurance\nundertaking.
\nIMPACT ASSESSMENT: the impact assessment examined\nseveral options for each of the problems identified. The proposed amendments aim at reducing\nuninsured driving, potentially reducing motor insurance premiums,\nand at improving the level of protection of victims of motor\naccidents, potentially benefitting all citizens in the EU. The\nproposal avoids risking large potential increases of premiums of\nmotor insurance.
\nCONTENT: the proposed amendment to Directive\n2009/103/EC on motor insurance introduces the following\nchanges:
\nPURPOSE: to strengthen EU rules on motor insurance to\nbetter protect victims of motor vehicle accidents.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE\nEUROPEAN PARLIAMENT: the European Parliament decides in accordance\nwith the ordinary legislative procedure and on an equal footing\nwith the Council.
\nBACKGROUND: the first EU Directive on motor insurance\nwas adopted in 1972, with the dual objectives of protecting victims\nof motor vehicle accidents (with or without a cross-border\nelement), and facilitating the free movement of motor vehicles\nbetween Member States. Five motor insurance Directives since 1972\nprogressively strengthened the Directive and enhanced its\nprovisions; they were consolidated into Directive\n2009/103/EC of the European Parliament and the Council. Motor\ninsurance also has an impact on the free movement of persons, goods\nand vehicles. It should therefore be a key objective of the Union\naction in the field of financial services to reinforce and\nconsolidate the internal market for motor\ninsurance.
\nThe evaluation of the functioning of Directive\n2009/103/EC concluded that the Directive was working well overall.\nHowever, four areas have been identified where targeted\namendments would be appropriate: (i) compensation of victims of\naccidents in cases of insolvency of an insurance undertaking, (ii)\nminimum obligatory amounts of insurance cover, (iii) checks by\nMember States on vehicle insurance and (iv) the use of\npolicyholders claims history statements by a new insurance\nundertaking.
\nIMPACT ASSESSMENT: the impact assessment examined\nseveral options for each of the problems identified. The proposed amendments aim at reducing\nuninsured driving, potentially reducing motor insurance premiums,\nand at improving the level of protection of victims of motor\naccidents, potentially benefitting all citizens in the EU. The\nproposal avoids risking large potential increases of premiums of\nmotor insurance.
\nCONTENT: the proposed amendment to Directive\n2009/103/EC on motor insurance introduces the following\nchanges:
\n