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Document 02009L0103-20231223
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 (codified version) (Text with EEA relevance)Text with EEA relevance
Consolidated text: 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 (codified version) (Text with EEA relevance)Text with EEA relevance
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 (codified version) (Text with EEA relevance)Text with EEA relevance
02009L0103 — EN — 23.12.2023 — 001.001
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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 (codified version) (OJ L 263 7.10.2009, p. 11) |
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DIRECTIVE (EU) 2021/2118 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 November 2021 |
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2.12.2021 |
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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
(codified version)
(Text with EEA relevance)
CHAPTER 1
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Directive:
‘vehicle’ means:
any motor vehicle propelled exclusively by mechanical power on land but not running on rails with:
a maximum design speed of more than 25 km/h; or
a maximum net weight of more than 25 kg and a maximum design speed of more than 14 km/h;
any trailer to be used with a vehicle referred to in point (a), whether coupled or uncoupled.
Without prejudice to points (a) and (b), wheelchair vehicles exclusively intended for use by persons with physical disabilities are not considered to be vehicles referred to in this Directive;
‘use of a vehicle’ means any use of a vehicle that is consistent with the vehicle’s function as a means of transport at the time of the accident, 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;
‘injured party’ and ‘party injured’ means any person entitled to compensation in respect of any loss or injury caused by vehicles;
‘national insurers’ bureau’ means a professional organisation which is constituted in accordance with Recommendation No 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a State, are authorised to conduct the business of motor vehicle insurance against civil liability;
‘territory in which the vehicle is normally based’ means:
the territory of the State of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary; or
in cases where no registration is required for a type of vehicle but the vehicle bears an insurance plate, or a distinguishing sign analogous to the registration plate, the territory of the State in which the insurance plate or the sign is issued; or
in cases where neither a registration plate nor an insurance plate nor a distinguishing sign is required for certain types of vehicle, the territory of the State in which the person who has custody of the vehicle is permanently resident; or
in cases where the vehicle does not bear any registration plate or bears a registration plate which does not correspond or no longer corresponds to the vehicle and has been involved in an accident, the territory of the State in which the accident took place, for the purpose of settling the claim as provided for in the first indent of Article 2(a) or in Article 10;
‘green card’ means an international certificate of insurance issued on behalf of a national bureau in accordance with Recommendation No 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe;
‘insurance undertaking’ means an undertaking which has received its official authorisation in accordance with Article 6 or Article 23(2) of Directive 73/239/EEC;
‘establishment’ means the head office, agency or branch of an insurance undertaking as defined in Article 2(c) of Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services ( 1 );
‘home Member State’ means ‘home Member State’ as defined in Article 13(8), point (a), of Directive 2009/138/EC of the European Parliament and of the Council ( 2 ).
Article 2
Scope
The provisions of Articles 4, 6, 7 and 8 shall apply to vehicles normally based on the territory of one of the Member States:
after an agreement has been concluded between the national insurers’ bureaux under the terms of which each national bureau guarantees the settlement, in accordance with the provisions of national law on compulsory insurance, of claims in respect of accidents occurring in its territory, caused by vehicles normally based in the territory of another Member State, whether or not such vehicles are insured;
from the date fixed by the Commission, upon its having ascertained in close cooperation with the Member States that such an agreement has been concluded;
for the duration of that agreement.
Article 3
Compulsory insurance of vehicles
Each Member State shall, subject to Article 5, take all appropriate measures to ensure that civil liability in respect of the use of a vehicle normally based in its territory is covered by insurance.
This Directive shall not apply to the use of a vehicle in motorsport events and activities, including races, competitions, training, testing and demonstrations in a restricted and demarcated area in a Member State, where the Member State ensures that the organiser of the activity or any other party has taken out an alternative insurance or guarantee policy covering the damage to any third party, including spectators and other bystanders but not necessarily covering the damage to the participating drivers and their vehicles.
The extent of the liability covered and the terms and conditions of the cover shall be determined on the basis of the measures referred to in the first paragraph.
Each Member State shall take all appropriate measures to ensure that the contract of insurance also covers:
according to the law in force in other Member States, any loss or injury which is caused in the territory of those States;
any loss or injury suffered by nationals of Member States during a direct journey between two territories in which the Treaty is in force, if there is no national insurers’ bureau responsible for the territory which is being crossed; in such a case, the loss or injury shall be covered in accordance with the national laws on compulsory insurance in force in the Member State in whose territory the vehicle is normally based.
The insurance referred to in the first paragraph shall cover compulsorily both damage to property and personal injuries.
Article 4
Checks on insurance
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:
are carried out as part of a control which is not aimed exclusively at insurance verification; or
form part of a general system of checks on the national territory which are carried out also in respect of vehicles normally based in the territory of the Member State carrying out the check, and do not require the vehicle to stop.
Those Member State measures shall, in particular, specify the precise purpose for which the data is to be processed, refer to the relevant legal basis, comply with the relevant security requirements and respect the principles of necessity, proportionality, and purpose limitation, and shall set a proportionate data retention period. The personal data processed pursuant to this Article exclusively for the purpose of handling an insurance check shall only be retained for as long as they are necessary for that purpose, and as soon as this has been achieved, they shall be fully erased. Where an insurance check shows that a vehicle is covered by compulsory insurance under Article 3, the controller shall immediately erase those data. When a check is unable to determine if a vehicle is covered by compulsory insurance under Article 3, the data shall only be retained for a limited period, not exceeding the number of days necessary to determine whether the insurance coverage exists.
Article 5
Derogation from the obligation in respect of compulsory insurance of vehicles
A Member State so derogating shall take the appropriate measures to ensure that compensation is paid in respect of any loss or injury caused in its territory and in the territory of other Member States by vehicles belonging to such persons.
It shall in particular designate an authority or body in the country where the loss or injury occurs responsible for compensating injured parties in accordance with the laws of that State in cases where Article 2(a) is not applicable.
It shall communicate to the Commission the list of persons exempt from compulsory insurance and the authorities or bodies responsible for compensation.
The Commission shall publish that list.
Any Member State so derogating shall ensure that vehicles referred to in the first subparagraph are treated in the same way as vehicles for which the insurance obligation provided for in Article 3 has not been satisfied.
The guarantee fund of the Member State in which the accident has taken place shall then have a claim against the guarantee fund in the Member State where the vehicle is normally based.
From 11 June 2010 Member States shall report to the Commission on the implementation and practical application of this paragraph.
The Commission, after examining those reports, shall, if appropriate, submit proposals for the replacement or repeal of this derogation.
Any Member State so derogating shall ensure that vehicles referred to in the first subparagraph are treated in the same way as vehicles in respect of which the insurance obligation referred to in Article 3 has not been satisfied.
The guarantee fund of the Member State in which an accident has taken place shall then have a claim against the guarantee fund in the Member State where the vehicle is normally based.
Any Member State so derogating shall ensure that vehicles referred to in the first subparagraph are treated in the same way as vehicles in respect of which the insurance obligation referred to in Article 3 has not been satisfied.
The guarantee fund of the Member State in which an accident has taken place shall then have a claim against the guarantee fund in the Member State where the vehicle is normally based.
Any Member State derogating from Article 3 in respect of vehicles referred to in the first subparagraph shall ensure that those vehicles are treated in the same way as vehicles in respect of which the insurance obligation referred to in Article 3 has not been satisfied.
The guarantee fund of the Member State in which an accident has taken place shall then have a claim against the guarantee fund in the Member State where the vehicle is normally based.
Article 6
National insurers’ bureaux
Each Member State shall ensure that, where an accident is caused in its territory by a vehicle normally based in the territory of another Member State, the national insurers’ bureau shall, without prejudice to the obligation referred to in Article 2(a), obtain information:
as to the territory in which the vehicle is normally based, and as to its registration mark, if any;
in so far as is possible, as to the details of the insurance of the vehicle, as they normally appear on the green card, which are in the possession of the person having custody of the vehicle, to the extent that those details are required by the Member State in whose territory the vehicle is normally based.
Each Member State shall also ensure that the bureau communicates the information referred to in points (a) and (b) to the national insurers’ bureau of the State in whose territory the vehicle referred to in the first paragraph is normally based.
CHAPTER 2
PROVISIONS CONCERNING VEHICLES NORMALLY BASED IN THE TERRITORY OF THIRD COUNTRIES
Article 7
National measures concerning vehicles normally based on the territory of third countries
Each Member State shall take all appropriate measures to ensure that vehicles normally based in the territory of a third country which enter the territory in which the Treaty is in force shall not be used in its territory unless any loss or injury caused by those vehicles is covered, in accordance with the requirements of the laws of the various Member States on compulsory insurance against civil liability in respect of the use of vehicles, throughout the territory in which the Treaty is in force.
Article 8
Documentation concerning vehicles normally based in the territory of third countries
However, vehicles normally based in a third country shall be treated as vehicles normally based in the Community if the national bureaux of all the Member States severally guarantee, each in accordance with the provisions of its own national law on compulsory insurance, settlement of claims in respect of accidents occurring in their territory caused by such vehicles.
CHAPTER 3
MINIMUM AMOUNTS COVERED BY COMPULSORY INSURANCE
Article 9
Minimum amounts
Without prejudice to any higher guarantees which Member States may prescribe, each Member State shall require the insurance referred to in Article 3 to be compulsory in respect of the following minimum amounts:
for personal injuries: EUR 6 450 000 per accident, irrespective of the number of injured parties, or EUR 1 300 000 per injured party;
for damage to property, EUR 1 300 000 per accident, irrespective of the number of injured parties.
For Member States that have not adopted the euro, the minimum amounts shall be converted into their national currency by applying the exchange rate of 22 December 2021, published in the Official Journal of the European Union.
The Commission shall adopt delegated acts in accordance with Article 28b concerning the adaptation of those amounts to the HICP within six months after the end of each five year period.
For Member States that have not adopted the euro, the amounts shall be converted into their national currency by applying the exchange rate of the date of the calculation of the new minimum amounts published in the Official Journal of the European Union.
CHAPTER 4
COMPENSATION FOR DAMAGE CAUSED BY AN UNIDENTIFIED VEHICLE OR A VEHICLE IN RESPECT OF WHICH THE INSURANCE OBLIGATION PROVIDED FOR IN ARTICLE 3 HAS NOT BEEN SATISFIED AND COMPENSATION IN CASE OF INSOLVENCY
Article 10
Body responsible for compensation
The first subparagraph shall be without prejudice to the right of the Member States to regard compensation by the body as subsidiary or non-subsidiary and the right to make provision for the settlement of claims between the body and the person or persons responsible for the accident and other insurers or social security bodies required to compensate the injured party in respect of the same accident. However, Member States may not allow the body to make the payment of compensation conditional on the injured party establishing, in any way, that the person liable is unable or refuses to pay.
Member States may, however, exclude the payment of compensation by that body in respect of persons who voluntarily entered the vehicle which caused the damage or injury when the body can prove that they knew it was uninsured.
However, where the body has paid compensation for significant personal injuries to any party injured as a result of the same accident in which damage to property was caused by an unidentified vehicle, Member States may not exclude the payment of compensation for damage to property on the basis that the vehicle is unidentified. Nevertheless, Member States may provide for an excess of not more than EUR 500 to be borne by the injured party who suffers such damage to property.
The conditions in which personal injuries are to be regarded as significant shall be determined in accordance with the legislation or administrative provisions of the Member State in which the accident takes place. In this regard, Member States may take into account, inter alia, whether the injury required hospital care.
Article 10a
Protection of injured parties in respect of damage resulting from accidents occurring in their Member State of residence in the case of the insolvency of an insurance undertaking
Each Member State shall set up or authorise a body entrusted with the task of providing compensation to injured parties resident within its territory, at least up to the limits of the insurance obligation, for damage to property or personal injuries caused by a vehicle insured by an insurance undertaking, from the moment when:
the insurance undertaking is subject to bankruptcy proceedings; or
the insurance undertaking is subject to winding-up proceedings as defined in Article 268(1), point (d), of Directive 2009/138/EC.
For the purposes of the first subparagraph, the body shall:
make a reasoned offer of compensation, where it has established that it is liable to provide compensation pursuant to paragraph 1, point (a) or (b), the claim is not contested and the damages have been partially or fully quantified;
provide a reasoned reply to the points made in the claim, where it has established that it is not liable to provide compensation pursuant to paragraph 1, point (a) or (b), or where liability is denied or has not been clearly determined or the damages have not been fully quantified.
Where the damage has been only partially quantified, the requirements concerning the payment of the compensation set out in the first subparagraph shall apply in respect of that partially quantified damage, and from the moment of acceptance of the corresponding reasoned offer of compensation.
The body referred to in paragraph 1 in the home Member State of the insurance undertaking shall make the payment to the body referred to in paragraph 1 in the Member State in which the injured party is resident which has compensated the injured party in accordance with paragraph 8 in a reasonable time not exceeding six months, unless otherwise agreed in writing by those bodies, after it has received a claim for such reimbursement.
The body that has provided compensation pursuant to the first subparagraph shall be subrogated to the injured party in his or her rights against the person who caused the accident or his or her insurance undertaking, except against the policyholder or other insured person who caused the accident in so far as the liability of the policyholder or of the insured person would be covered by the insolvent insurance undertaking in accordance with the applicable national law. Each Member State shall be obliged to acknowledge this subrogation as provided for by any other Member State.
Paragraphs 1 to 10 shall be without prejudice to the right of Member States to:
regard compensation paid by the body referred to in paragraph 1 as subsidiary or non-subsidiary;
make provision for the settlement of claims in respect of the same accident between:
the body referred to in paragraph 1;
the person or persons responsible for the accident;
other insurance undertakings or social security bodies required to compensate the injured party.
For that purpose, by 23 June 2023 each Member State shall:
set up or authorise the body referred to in paragraph 1 and empower it to negotiate and conclude such an agreement; or
designate an entity and empower it to negotiate and conclude such an agreement, to which the body referred to in paragraph 1 will become a party when it is set up or authorised.
The agreement referred to in the first subparagraph shall be immediately notified to the Commission.
Where the agreement referred to in the first subparagraph is not concluded by 23 December 2023, the Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 28b in order to specify the procedural tasks and the procedural obligations of the bodies referred to in paragraph 1 with regard to reimbursement.
Article 11
Disputes
In the event of a dispute between the body referred to in Article 10(1) and the civil liability insurer as to which must compensate the injured party, the Member States shall take the appropriate measures so that one of those parties is designated to be responsible in the first instance for paying compensation to the injured party without delay.
If it is ultimately decided that the other party should have paid all or part of the compensation, that other party shall reimburse accordingly the party which has paid.
CHAPTER 5
SPECIAL CATEGORIES OF INJURED PARTY, EXCLUSION CLAUSES, SINGLE PREMIUM, VEHICLES DISPATCHED FROM ONE MEMBER STATE TO ANOTHER
Article 12
Special categories of injured party
This Article shall be without prejudice either to civil liability or to the quantum of damages.
Article 13
Exclusion clauses
Each Member State shall take all appropriate measures to ensure that any statutory provision or any contractual clause contained in an insurance policy issued in accordance with Article 3 shall be deemed to be void in respect of claims by third parties injured as a result of an accident where that statutory provision or contractual clause excludes from insurance the use or driving of vehicles by:
persons who do not have express or implied authorisation to do so;
persons who do not hold a licence permitting them to drive the vehicle concerned;
persons who are in breach of the statutory technical requirements concerning the condition and safety of the vehicle concerned.
However, the provision or clause referred to in point (a) of the first subparagraph may be invoked against persons who voluntarily entered the vehicle which caused the damage or injury, when the insurer can prove that they knew the vehicle was stolen.
Member States shall have the option – in the case of accidents occurring on their territory – of not applying the provision in the first subparagraph if and in so far as the injured party may obtain compensation for the damage suffered from a social security body.
Member States which, in the case of vehicles stolen or obtained by violence, provide that the body referred to in Article 10(1) is to pay compensation may fix in respect of damage to property an excess of not more than EUR 250 to be borne by the injured party.
Article 14
Single premium
Member States shall take the necessary steps to ensure that all compulsory policies of insurance against civil liability arising out of the use of vehicles:
cover, on the basis of a single premium and during the whole term of the contract, the entire territory of the Community, including for any period in which the vehicle remains in other Member States during the term of the contract; and
guarantee, on the basis of that single premium, in each Member State, the cover required by its law or the cover required by the law of the Member State where the vehicle is normally based when that cover is higher.
Article 15
Vehicles dispatched from one Member State to another
Member States shall ensure that the information centre referred to in Article 23 of the Member State where the vehicle is registered, of the Member State of destination, where different, and of any other relevant Member State, such as the Member State where an accident occurred, or where an injured party is resident, cooperate with each other to ensure that the necessary information on the dispatched vehicle that they have in accordance with Article 23 is available.
Article 15a
Protection of injured parties in accidents involving a trailer towed by a vehicle
In the case of an accident caused by a set of vehicles consisting of a vehicle towing a trailer, where the trailer has a separate third party liability insurance, the injured party may bring his or her claim directly against the insurance undertaking that insured the trailer, where:
the trailer can be identified, but the vehicle that towed it cannot be identified; and
the applicable national law provides for the insurer of the trailer to provide compensation.
An insurance undertaking that has compensated the injured party shall have recourse to the undertaking that insured the towing vehicle, or to the body referred to in Article 10(1), if and to the extent that this is provided for under the applicable national law.
This paragraph shall be without prejudice to applicable national law providing for rules more favourable to the injured party.
In the case of an accident caused by a set of vehicles consisting of a vehicle towing a trailer, the insurer of the trailer, unless the applicable national law requires it to provide full compensation, shall, at the request of the injured party, inform him or her without undue delay of:
the identity of the insurer of the towing vehicle; or
where the insurer of the trailer cannot identify the insurer of the towing vehicle, the compensation mechanism provided for in Article 10.
CHAPTER 6
STATEMENT, EXCESS, DIRECT ACTION
Article 16
Statement relating to the third party liability claims
Member States shall ensure that the policyholder has the right to request at any time a statement relating to the third party liability claims involving the vehicle or vehicles covered by the insurance contract at least during the preceding five years of the contractual relationship, or to the absence of such claims (‘claims-history statement’).
The insurance undertaking, or a body which may have been appointed by a Member State to provide compulsory insurance or to supply such statements, shall provide that claims-history statement to the policyholder within 15 days of the request. They shall do so using the form of the claims-history statement.
Member States shall ensure that, when taking account of claims-history statements issued by other insurance undertakings or other bodies as referred to in the second paragraph, insurance undertakings 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, where an insurance undertaking takes into account claims-history statements when determining premiums, it shall treat those issued in other Member States as equal to those issued by an insurance undertaking or bodies as referred to in the second paragraph within the same Member State, including when applying any discounts.
Member States shall ensure that insurance undertakings publish a general overview of their policies in respect of their use of claims-history statements when calculating premiums.
The Commission shall adopt by 23 July 2023 implementing acts specifying by means of a template, the form and content of the claims-history statement referred to in the second paragraph. That template shall contain information on the following:
the identity of the insurance undertaking or the body issuing the claims-history statement;
the identity of the policyholder, including his or her contact information;
the vehicle insured and its vehicle identification number;
the start date and end date of the insurance cover of the vehicle;
the number of third party liability claims settled under the insurance contract of the policyholder during the period covered by the claims-history statement, including the date of each claim;
additional information relevant under the rules or practices applicable in the Member States.
The Commission shall consult all interested parties and work closely with the Member States before adopting those implementing acts.
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 28a(2).
Article 16a
Motor insurance price comparison tools
A comparison tool within the meaning of paragraph 1 shall:
be operationally independent from the providers of the compulsory insurance referred to in Article 3 and ensure that service providers are given equal treatment in search results;
clearly disclose the identity of the owners and operators of the comparison tool;
set out the clear, objective criteria on which the comparison is based;
use plain and unambiguous language;
provide accurate and up-to-date information and state the time of the last update;
be open to any provider of the compulsory insurance referred to in Article 3, make available the relevant information, include a broad range of offers covering a significant part of the motor insurance market and, where the information presented is not a complete overview of that market, provide the user with a clear statement to that effect, before displaying results;
provide an effective procedure to report incorrect information;
include a statement that prices are based on the information provided and are not binding on insurance providers.
Article 17
Excess
Insurance undertakings shall not require any party injured as a result of an accident to bear any excess as far as the insurance referred to in Article 3 is concerned.
Article 18
Direct right of action
Member States shall ensure that any party injured as a result of an accident caused by a vehicle covered by insurance as referred to in Article 3 enjoys a direct right of action against the insurance undertaking covering the person responsible against civil liability.
CHAPTER 7
SETTLEMENT OF CLAIMS ARISING FROM ANY ACCIDENT CAUSED BY A VEHICLE COVERED BY INSURANCE AS REFERRED TO IN ARTICLE 3
Article 19
Procedure for the settlement of claims
Member States shall establish the procedure referred to in Article 22 for the settlement of claims arising from any accident caused by a vehicle covered by insurance as referred to in Article 3.
In the case of claims which may be settled by the system of national insurers’ bureaux provided for in Article 2 Member States shall establish the same procedure as in Article 22.
For the purpose of applying this procedure, any reference to an insurance undertaking shall be understood as a reference to national insurers’ bureaux.
Article 20
Special provisions concerning compensation for injured parties following an accident in a Member State other than that of their residence
Without prejudice to the legislation of third countries on civil liability and private international law, these provisions shall also apply to injured parties resident in a Member State and entitled to compensation in respect of any loss or injury resulting from accidents occurring in third countries whose national insurer’s bureaux have joined the green card system whenever such accidents are caused by the use of vehicles insured and normally based in a Member State.
Articles 21 and 24 shall apply only in the case of accidents caused by the use of a vehicle:
insured through an establishment in a Member State other than the State of residence of the injured party; and
normally based in a Member State other than the State of residence of the injured party.
Article 21
Claims representatives
The claims representative shall be responsible for handling and settling claims arising from an accident in the cases referred to in Article 20(1).
The claims representative shall be resident or established in the Member State where he is appointed.
The Member States may not restrict this freedom of choice.
The requirement of appointing a claims representative shall not preclude the right of the injured party or his insurance undertaking to institute proceedings directly against the person who caused the accident or his insurance undertaking.
They must be capable of examining cases in the official language(s) of the Member State of residence of the injured party.
Article 22
Compensation procedure
The Member States shall create a duty, backed by appropriate, effective and systematic financial or equivalent administrative penalties, whereby, within three months of the date when the injured party presented his claim for compensation either directly to the insurance undertaking of the person who caused the accident or to its claims representative,
the insurance undertaking of the person who caused the accident or its claims representative is required to make a reasoned offer of compensation in cases where liability is not contested and the damages have been quantified; or
the insurance undertaking to whom the claim for compensation has been addressed or its claims representative is required to provide a reasoned reply to the points made in the claim in cases where liability is denied or has not been clearly determined or the damages have not been fully quantified.
Member States shall adopt provisions to ensure that, where the offer is not made within the three-month time limit, interest shall be payable on the amount of compensation offered by the insurance undertaking or awarded by the court to the injured party.
Article 23
Information centres
In order to enable the injured party to seek compensation, each Member State shall establish or approve an information centre responsible:
for keeping a register containing the following information:
the registration numbers of motor vehicles normally based in the territory of the State in question;
the numbers of the insurance policies covering the use of those vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability and, where the period of validity of the policy has expired, the date of termination of the insurance cover;
insurance undertakings covering the use of vehicles for the risks classified in class 10 of point A of the Annex to Directive 73/239/EEC, other than carrier’s liability, and claims representatives appointed by such insurance undertakings in accordance with Article 21 of this Directive whose names are to be notified to the information centre in accordance with paragraph 2 of this Article;
the list of vehicles which, in each Member State, benefit from the derogation from the requirement for civil liability insurance cover in accordance with Article 5(1) and (2);
as regards the vehicles provided for in point (iv):
or for coordinating the compilation and dissemination of that information; and
for assisting entitled persons to be apprised of the information mentioned in points (a)(i) to (v).
The information under points (a)(i), (ii) and (iii) must be preserved for a period of seven years after the termination of the registration of the vehicle or the termination of the insurance contract.
Member States shall ensure that the injured party is entitled for a period of seven years after the accident to obtain without delay from the information centre of the Member State where he resides, the Member State where the vehicle is normally based or the Member State where the accident occurred the following information:
the name and address of the insurance undertaking;
the number of the insurance policy; and
the name and address of the insurance undertaking’s claims representative in the State of residence of the injured party.
Information centres shall cooperate with each other.
The information centre shall provide the injured party with the name and address of the owner or usual driver or registered keeper of the vehicle if the injured party has a legitimate interest in obtaining this information. For the purposes of this provision, the information centre shall address itself in particular:
to the insurance undertaking; or
to the vehicle registration agency.
If the vehicle benefits from the derogation provided for in the first subparagraph of Article 5(1) the information centre shall inform the injured party of the name of the authority or body designated in accordance with the third subparagraph of Article 5(1) as responsible for compensating injured parties in cases where the procedure provided for in Article 2(a) is not applicable.
If the vehicle benefits from the derogation provided for in Article 5(2) the information centre shall inform the injured party of the name of the body covering the vehicle in the country where it is normally based.
Article 24
Compensation bodies
Such injured parties may present a claim to the compensation body in their Member State of residence:
if, within three months of the date when the injured party presented his claim for compensation to the insurance undertaking of the vehicle the use of which caused the accident or to its claims representative, the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in the claim; or
if the insurance undertaking has failed to appoint a claims representative in the Member State of residence of the injured party in accordance with Article 20(1); in such a case, injured parties may not present a claim to the compensation body if they have presented a claim for compensation directly to the insurance undertaking of the vehicle the use of which caused the accident and if they have received a reasoned reply within three months of presenting the claim.
Injured parties may not however present a claim to the compensation body if they have taken legal action directly against the insurance undertaking.
The compensation body shall take action within two months of the date when the injured party presents a claim for compensation to it but shall terminate its action if the insurance undertaking, or its claims representative, subsequently makes a reasoned reply to the claim.
The compensation body shall immediately inform:
the insurance undertaking of the vehicle the use of which caused the accident or the claims representative;
the compensation body in the Member State in which the insurance undertaking which issued the policy is established;
if known, the person who caused the accident;
that it has received a claim from the injured party and that it will respond to that claim within two months of the presentation of that claim.
This provision shall be without prejudice to the right of the Member States to regard compensation by that body as subsidiary or non-subsidiary and the right to make provision for the settlement of claims between that body and the person or persons who caused the accident and other insurance undertakings or social security bodies required to compensate the injured party in respect of the same accident. However, Member States may not allow the body to make the payment of compensation subject to any conditions other than those laid down in this Directive, in particular the injured party’s establishing in any way that the person liable is unable or refuses to pay.
The latter body shall be subrogated to the injured party in his rights against the person who caused the accident or his insurance undertaking in so far as the compensation body in the Member State of residence of the injured party has provided compensation for the loss or injury suffered.
Each Member State shall be obliged to acknowledge this subrogation as provided for by any other Member State.
This Article shall take effect:
after an agreement has been concluded between the compensation bodies established or approved by the Member States relating to their functions and obligations and the procedures for reimbursement;
from the date fixed by the Commission upon its having ascertained in close cooperation with the Member States that such an agreement has been concluded.
Article 25
Compensation
If it is impossible to identify the vehicle or if, within two months of the date of the accident, it is impossible to identify the insurance undertaking, the injured party may apply for compensation from the compensation body in the Member State where he resides. The compensation shall be provided in accordance with the provisions of Articles 9 and 10. The compensation body shall then have a claim, on the conditions laid down in Article 24(2):
where the insurance undertaking cannot be identified: against the guarantee fund in the Member State where the vehicle is normally based;
in the case of an unidentified vehicle: against the guarantee fund in the Member State in which the accident took place;
in the case of a third-country vehicle: against the guarantee fund in the Member State in which the accident took place.
Article 25a
Protection of injured parties in respect of damage resulting from accidents occurring in a Member State other than their Member State of residence in the case of the insolvency of an insurance undertaking
Each Member State shall set up or authorise a body entrusted with the task of providing compensation to injured parties resident within its territory, in the cases referred to in Article 20(1), at least up to the limits of the insurance obligation, for damage to property or personal injuries caused by a vehicle insured by an insurance undertaking, from the moment when:
the insurance undertaking is subject to bankruptcy proceedings; or
the insurance undertaking is subject to winding-up proceedings as defined in Article 268(1), point (d), of Directive 2009/138/EC.
For the purposes of the first subparagraph, the body shall:
make a reasoned offer of compensation, where it has established that it is liable to provide compensation pursuant to paragraph 1, point (a) or (b), the claim is not contested and the damages have been partially or fully quantified;
provide a reasoned reply to the points made in the claim, where it has established that it is not liable to provide compensation pursuant to paragraph 1, point (a) or (b), or where liability is denied or has not been clearly determined or the damages have not been fully quantified.
Where the damage has been only partially quantified, the requirements concerning the payment of the compensation set out in the first subparagraph shall apply in respect of that partially quantified damage, and from the moment of acceptance of the corresponding reasoned offer of compensation.
The body referred to in paragraph 1 in the home Member State of the insurance undertaking shall make the payment to the body referred to in paragraph 1 in the Member State in which the injured party is resident which has compensated the injured party in accordance with paragraph 8 in a reasonable time not exceeding six months, unless otherwise agreed in writing by those bodies, after it has received a claim for such reimbursement.
The body that has provided compensation pursuant to the first subparagraph shall be subrogated to the injured party in his or her rights against the person who caused the accident or his or her insurance undertaking, except against the policyholder or other insured person who caused the accident in so far as the liability of the policyholder or of the insured person would be covered by the insolvent insurance undertaking in accordance with the applicable national law. Each Member State shall be obliged to acknowledge this subrogation as provided for by any other Member State.
Paragraphs 1 to 10 shall be without prejudice to the right of Member States to:
regard compensation paid by the body referred to in paragraph 1 as subsidiary or non-subsidiary;
make provision for the settlement of claims in respect of the same accident between:
the body referred to in paragraph 1;
the person or persons responsible for the accident;
other insurance undertakings or social security bodies required to compensate the injured party.
For that purpose, by 23 June 2023 each Member State shall:
set up or authorise the body referred to in paragraph 1 and empower it to negotiate and conclude such an agreement; or
designate an entity and empower it to negotiate and conclude such an agreement, to which the body referred to in paragraph 1 will become a party when it is set up or authorised.
The agreement referred to in the first subparagraph shall be immediately notified to the Commission.
Where the agreement referred to in the first subparagraph is not concluded by 23 December 2023, the Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 28b in order to specify the procedural tasks and the procedural obligations of the bodies referred to in paragraph 1 with regard to reimbursement.
Article 26
Central body
Member States shall take all appropriate measures to facilitate the timely provision to the injured parties, their insurers or their legal representatives of the basic data necessary for the settlement of claims.
Those basic data shall, where appropriate, be made available in electronic form in a central repository in each Member State, and be accessible by parties involved in the case at their express request.
Article 26a
Information to injured parties
Member States which set up or authorise different compensation bodies under Article 10(1), Article 10a(1), Article 24(1) and Article 25a(1) shall ensure that injured parties have access to essential information on possible ways to apply for compensation.
Article 27
Penalties
Member States shall fix penalties for breaches of the national provisions which they adopt in implementation of this Directive and shall take the steps necessary to secure the application thereof. The penalties shall be effective, proportional and dissuasive. The Member States shall notify to the Commission as soon as possible any amendments concerning provisions adopted pursuant to this Article.
CHAPTER 8
FINAL PROVISIONS
Article 28
National provisions
The Member States may require motor insurance that meets the requirements of this Directive for any motor equipment used on land that is not covered by the definition of ‘vehicle’ in Article 1, point 1, and to which Article 3 does not apply.
Article 28a
Committee procedure
Article 28b
Exercise of delegated powers
The power to adopt delegated acts referred to in Article 10a(13), fourth subparagraph, and Article 25a(13), fourth subparagraph, shall be conferred on the Commission for a period of seven years from 22 December 2021. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.
Article 28c
Evaluation and review
No later than five years after the respective dates of application of Articles 10a and 25a as referred to in Article 30, second, third and fourth paragraph, the Commission shall submit a report to the European Parliament and to the Council on the functioning of, the cooperation between and the funding of the bodies referred to in Articles 10a and 25a. Where appropriate, the report shall be accompanied by a legislative proposal. With regard to the funding of those bodies, that report shall include at least:
an assessment of the financing capacities and financing needs of the compensation bodies in relation to their potential liabilities, taking into account the risk of insolvency of motor insurers in the Member States’ markets;
an assessment of the harmonisation of the funding approach of the compensation bodies;
if the report is accompanied by a legislative proposal, an assessment of the impact of contributions upon motor insurance contract premiums.
No later than 24 December 2030, 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, with the exception of the elements that are concerned by the evaluation referred to in paragraph 1, including in respect of:
the application of this Directive with regard to technological developments, in particular with regard to autonomous and semi- autonomous vehicles;
the adequacy of the scope of this Directive, considering the accident risks posed by different motor vehicles;
in the form of a review, the effectiveness of information exchange systems for the purposes of checks on insurance in cross-border situations, including, if needed, an assessment, for such cases, of the feasibility of using existing information exchange systems, and in any event, an analysis of the objectives of the information exchange systems and an assessment of their costs; and
the use by insurance undertakings of systems in which premiums are influenced by the policyholders’ claims-history statements, inter alia, bonus-malus systems or ‘no claims bonus’.
That report shall be accompanied, where appropriate, by a legislative proposal.
Article 29
Repeal
Directives 72/166/EEC, 84/5/EEC, 90/232/EEC, 2000/26/EC and 2005/14/EC, as amended by the Directives listed in Annex I, Part A, are hereby repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex I, Part B.
References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
Article 30
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 10a(1) to (12) shall apply from the date of the agreement referred to in Article 10a(13), first subparagraph, or from the date of application of the Commission delegated act referred to in Article 10a(13), fourth subparagraph.
Article 25a(1) to (12) shall apply from the date of the agreement referred to in Article 25a(13), first subparagraph, or from the date of application of the Commission delegated act referred to in Article 25a(13), fourth subparagraph.
However, Articles 10a(1) to (12) and Article 25a(1) to (12) shall not apply before 23 December 2023.
Article 16, second paragraph, second sentence, and third, fourth and fifth paragraphs shall apply from 23 April 2024 or from the date of application of the Commission implementing act referred to in Article 16, sixth paragraph, whichever is the later.
Article 31
Addressees
This Directive is addressed to the Member States.
ANNEX I
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 29)
|
Council Directive 72/166/EEC (OJ L 103, 2.5.1972, p. 1) |
|
|
Council Directive 72/430/EEC (OJ L 291, 28.12.1972, p. 162) |
|
|
Council Directive 84/5/EEC (OJ L 8, 11.1.1984, p. 17) |
Only Article 4 |
|
Directive 2005/14/EC of the European Parliament and Council (OJ L 149, 11.6.2005, p. 14) |
Only Article 1 |
|
Council Directive 84/5/EEC (OJ L 8, 11.1.1984, p. 17) |
|
|
Annex I, point IX.F of the 1985 Act of Accession (OJ L 302, 15.11.1985, p. 218) |
|
|
Council Directive 90/232/EEC (OJ L 129, 19.5.1990, p. 33) |
Only Article 4 |
|
Directive 2005/14/EC of the European Parliament and Council (OJ L 149, 11.6.2005, p. 14) |
Only Article 2 |
|
Council Directive 90/232/EEC (OJ L 129, 19.5.1990, p. 33) |
|
|
Directive 2005/14/EC of the European Parliament and Council (OJ L 149, 11.6.2005, p. 14) |
Only Article 4 |
|
Directive 2000/26/EC of the European Parliament and Council (OJ L 181, 20.7.2000, p. 65) |
|
|
Directive 2005/14/EC of the European Parliament and Council (OJ L 149, 11.6.2005, p. 14) |
Only Article 5 |
|
Directive 2005/14/EC of the European Parliament and Council (OJ L 149, 11.6.2005, p. 14) |
|
PART B
List of time limits for transposition into national law and application
(referred to in Article 29)
|
Directive |
Time limit for transposition |
Date of application |
|
72/166/EEC |
31 December 1973 |
— |
|
72/430/EEC |
— |
1 January 1973 |
|
84/5/EEC |
31 December 1987 |
31 December 1988 |
|
90/232/EEC |
31 December 1992 |
— |
|
2000/26/EC |
19 July 2002 |
19 January 2003 |
|
2005/14/EC |
11 June 2007 |
— |
ANNEX II
CORRELATION TABLE
|
Directive 72/166/EEC |
Directive 84/5/EEC |
Directive 90/232/EEC |
Directive 2000/26/EC |
This Directive |
|
Article 1, points (1) to (3) |
|
|
|
Article 1, points (1) to (3) |
|
Article 1, point (4), first indent |
|
|
|
Article 1, point (4)(a) |
|
Article 1, point (4), second indent |
|
|
|
Article 1, point (4)(b) |
|
Article 1, point (4), third indent |
|
|
|
Article 1, point (4)(c) |
|
Article 1, point (4), fourth indent |
|
|
|
Article 1, point (4)(d) |
|
Article 1, point (5) |
|
|
|
Article 1, point (5) |
|
Article 2(1) |
|
|
|
Article 4 |
|
Article 2(2), introductory wording |
|
|
|
Article 2, introductory wording |
|
Article 2(2), first indent |
|
|
|
Article 2, point (a) |
|
Article 2(2), second indent |
|
|
|
Article 2, point (b) |
|
Article 2(2), third indent |
|
|
|
Article 2, point (c) |
|
Article 3(1), first sentence |
|
|
|
Article 3, first paragraph |
|
Article 3(1), second sentence |
|
|
|
Article 3, second paragraph |
|
Article 3(2), introductory wording |
|
|
|
Article 3, third paragraph, introductory wording |
|
Article 3(2), first indent |
|
|
|
Article 3, third paragraph, point (a) |
|
Article 3(2), second indent |
|
|
|
Article 3, third paragraph, point (b) |
|
Article 4, introductory wording |
|
|
|
Article 5(1), first subparagraph |
|
Article 4, point (a), first subparagraph |
|
|
|
Article 5(1), first subparagraph |
|
Article 4, point (a), second subparagraph, first sentence |
|
|
|
Article 5(1), second subparagraph |
|
Article 4, point (a), second subparagraph, second sentence |
|
|
|
Article 5(1), third subparagraph |
|
Article 4, point (a), second subparagraph, third sentence |
|
|
|
Article 5(1), fourth subparagraph |
|
Article 4, point (a), second subparagraph, fourth sentence |
|
|
|
Article 5(1), fifth subparagraph |
|
Article 4, point (b), first subparagraph |
|
|
|
Article 5(2), first subparagraph |
|
Article 4, point (b), second subparagraph, first sentence |
|
|
|
Article 5(2), second subparagraph |
|
Article 4, point (b), second subparagraph, second sentence |
|
|
|
Article 5(2), third subparagraph |
|
Article 4, point (b), third subparagraph, first sentence |
|
|
|
Article 5(2), fourth subparagraph |
|
Article 4, point (b), third subparagraph, second sentence |
|
|
|
Article 5(2), fifth subparagraph |
|
Article 5, introductory wording |
|
|
|
Article 6, first subparagraph, introductory wording |
|
Article 5, first indent |
|
|
|
Article 6, first paragraph, point (a) |
|
Article 5, second indent |
|
|
|
Article 6, first paragraph, point (b) |
|
Article 5, final wording |
|
|
|
Article 6, second paragraph |
|
Article 6 |
|
|
|
Article 7 |
|
Article 7(1) |
|
|
|
Article 8(1), first subparagraph |
|
Article 7(2) |
|
|
|
Article 8(1), second subparagraph |
|
Article 7(3) |
|
|
|
Article 8(2) |
|
Article 8 |
|
|
|
— |
|
|
Article 1(1) |
|
|
Article 3, fourth paragraph |
|
|
Article 1(2) |
|
|
Article 9(1) |
|
|
Article 1(3) |
|
|
Article 9(2) |
|
|
Article 1(4) |
|
|
Article 10(1) |
|
|
Article 1(5) |
|
|
Article 10(2) |
|
|
Article 1(6) |
|
|
Article 10(3) |
|
|
Article 1(7) |
|
|
Article 10(4) |
|
|
Article 2(1), first subparagraph, introductory wording |
|
|
Article 13(1), first subparagraph, introductory wording |
|
|
Article 2(1), first indent |
|
|
Article 13(1), first subparagraph, point (a) |
|
|
Article 2(1), second indent |
|
|
Article 13(1), first subparagraph, point (b) |
|
|
Article 2(1), third indent |
|
|
Article 13(1), first subparagraph, point (c) |
|
|
Article 2(1), first subparagraph, final wording |
|
|
Article 13(1), first subparagraph, introductory wording |
|
|
Article 2(1), second and third subparagraphs |
|
|
Article 13(1), second and third subparagraphs |
|
|
Article 2(2) |
|
|
Article 13(2) |
|
|
Article 3 |
|
|
Article 12(2) |
|
|
Article 4 |
|
|
— |
|
|
Article 5 |
|
|
— |
|
|
Article 6 |
|
|
— |
|
|
|
Article 1, first paragraph |
|
Article 12(1) |
|
|
|
Article 1, second paragraph |
|
Article 13(3) |
|
|
|
Article 1, third paragraph |
|
— |
|
|
|
Article 1a, first sentence |
|
Article 12(3), first subparagraph |
|
|
|
Article 1a, second sentence |
|
Article 12(3), second subparagraph |
|
|
|
Article 2, introductory wording |
|
Article 14, introductory wording |
|
|
|
Article 2, first indent |
|
Article 14, point (a) |
|
|
|
Article 2, second indent |
|
Article 14, point (b) |
|
|
|
Article 3 |
|
— |
|
|
|
Article 4 |
|
Article 11 |
|
|
|
Article 4a |
|
Article 15 |
|
|
|
Article 4b, first sentence |
|
Article 16, first paragraph |
|
|
|
Article 4b, second sentence |
|
Article 16, second paragraph |
|
|
|
Article 4c |
|
Article 17 |
|
|
|
Article 4d |
Article 3 |
Article 18 |
|
|
|
Article 4e, first paragraph |
|
Article 19, first paragraph |
|
|
|
Article 4e, second paragraph, first sentence |
|
Article 19, second paragraph |
|
|
|
Article 4e, second paragraph, second sentence |
|
Article 19, third paragraph |
|
|
|
Article 5(1) |
|
Article 23(5) |
|
|
|
Article 5(2) |
|
— |
|
|
|
Article 6 |
|
— |
|
|
|
|
Article 1(1) |
Article 20(1) |
|
|
|
|
Article 1(2) |
Article 20(2) |
|
|
|
|
Article 1(3) |
Article 25(2) |
|
|
|
|
Article 2, introductory wording |
— |
|
|
|
|
Article 2, point (a) |
Article 1, point (6) |
|
|
|
|
Article 2, point (b) |
Article 1, point (7) |
|
|
|
|
Article 2, points (c), (d) and (e) |
— |
|
|
|
|
Article 4(1), first sentence |
Article 21(1), first subparagraph |
|
|
|
|
Article 4(1), second sentence |
Article 21(1), second subparagraph |
|
|
|
|
Article 4(1), third sentence |
Article 21(1), third subparagraph |
|
|
|
|
Article 4(2), first sentence |
Article 21(2), first subparagraph |
|
|
|
|
Article 4(2), second sentence |
Article 21(2), second subparagraph |
|
|
|
|
Article 4(3) |
Article 21(3) |
|
|
|
|
Article 4(4), first sentence |
Article 21(4), first subparagraph |
|
|
|
|
Article 4(4), second sentence |
Article 21(4), second subparagraph |
|
|
|
|
Article 4(5), first sentence |
Article 21(5), first subparagraph |
|
|
|
|
Article 4(5), second sentence |
Article 21(5), second subparagraph |
|
|
|
|
Article 4(6) |
Article 22 |
|
|
|
|
Article 4(7) |
— |
|
|
|
|
Article 4(8) |
Article 21(6) |
|
|
|
|
Article 5(1), first subparagraph, introductory wording |
Article 23(1), first subparagraph, introductory wording |
|
|
|
|
Article 5(1), first subparagraph, point (a), introductory wording |
Article 23(1), first subparagraph, point (a), introductory wording |
|
|
|
|
Article 5(1), first subparagraph, point (a)(1) |
Article 23(1), first subparagraph, point (a)(i) |
|
|
|
|
Article 5(1), first subparagraph, point (a)(2) |
Article 23(1), first subparagraph, point (a)(ii) |
|
|
|
|
Article 5(1), first subparagraph, point (a)(3) |
Article 23(1), first subparagraph, point (a)(iii) |
|
|
|
|
Article 5(1), first subparagraph, point (a)(4) |
Article 23(1), first subparagraph, point (a)(iv) |
|
|
|
|
Article 5(1), first subparagraph, point (a)(5), introductory wording |
Article 23(1), first subparagraph, point (a)(v), introductory wording |
|
|
|
|
Article 5(1), first subparagraph, point (a)(5)(i) |
Article 23(1), first subparagraph, point (a)(v), first indent |
|
|
|
|
Article 5(1), first subparagraph, point (a)(5)(ii) |
Article 23(1), first subparagraph, point (a)(v), second indent |
|
|
|
|
Article 5(1), second subparagraph |
Article 23(1), second subparagraph |
|
|
|
|
Article 5(2), (3) and (4) |
Article 23(2), (3) and (4) |
|
|
|
|
Article 5(5) |
Article 23(6) |
|
|
|
|
Article 6(1) |
Article 24(1) |
|
|
|
|
Article 6(2), first subparagraph |
Article 24(2), first subparagraph |
|
|
|
|
Article 6(2), second subparagraph, first sentence |
Article 24(2), second subparagraph |
|
|
|
|
Article 6(2), second subparagraph, second sentence |
Article 24(2), third subparagraph |
|
|
|
|
Article 6(3), first subparagraph |
Article 24(3) |
|
|
|
|
Article 6(3), second subparagraph |
— |
|
|
|
|
Article 6a |
Article 26 |
|
|
|
|
Article 7, introductory wording |
Article 25(1), introductory wording |
|
|
|
|
Article 7, point (a) |
Article 25(1), point (a) |
|
|
|
|
Article 7, point (b) |
Article 25(1), point (b) |
|
|
|
|
Article 7, point (c) |
Article 25(1), point (c) |
|
|
|
|
Article 8 |
— |
|
|
|
|
Article 9 |
— |
|
|
|
|
Article 10(1) to (3) |
— |
|
|
|
|
Article 10(4) |
Article 28(1) |
|
|
|
|
Article 10(5) |
Article 28(2) |
|
|
|
|
|
Article 29 |
|
|
|
|
Article 11 |
Article 30 |
|
|
|
|
Article 12 |
Article 27 |
|
Article 9 |
Article 7 |
Article 7 |
Article 13 |
Article 31 |
|
|
|
|
|
Annex I |
|
|
|
|
|
Annex II |
( 1 ) OJ L 172, 4.7.1988, p. 1.
( 2 ) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
( 3 ) 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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
( 4 ) Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (OJ L 135, 24.5.2016, p. 11).
( 5 ) Commission Decision 2004/9/EC of 5 November 2003 establishing the European Insurance and Occupational Pensions Committee (OJ L 3, 7.1.2004, p. 34).
( 6 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
( 7 ) OJ L 123, 12.5.2016, p. 1.