Directive 2021/2118 - Amendment of Directive 2009/103/EC 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 - Main contents

EN

Official Journal of the European Union

L 430/1

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 could become injured parties as a result of an accident. It is also a major concern for insurance undertakings, as it constitutes an important segment of the ‘non-life’ insurance market 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. Reinforcing and consolidating the internal market for motor insurance should therefore be a key objective of Union action in the field of financial services.

In 2017, the Commission carried out an evaluation of the functioning of Directive 2009/103/EC of the European Parliament and of the Council (3), 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 in respect of which targeted amendments would be appropriate: compensation of parties injured as a result of accidents where the insurance undertaking concerned is insolvent, minimum obligatory amounts of insurance cover, insurance checks of vehicles by Member States, and the use of policyholders’ claims-history statements by a new insurance undertaking. In addition to those four areas, the following, namely dispatched vehicles, accidents involving a trailer towed by a vehicle, motor insurance independent price comparison tools, and information centres and information to injured parties, have also been identified as areas in respect of which targeted amendments would be appropriate. Furthermore, the clarity of Directive 2009/103/EC should be enhanced by replacing the term ‘victim’, which is used in that Directive as a synonym of ‘injured party’, by the term ‘injured party’ or ‘party injured’, as appropriate, through appropriate amendments. Those amendments have the exclusive objective of harmonising the terminology used in that Directive and do not constitute a change of substance.

Since the entry into force of Directive 2009/103/EC, many new types of motor-powered vehicles have come onto the market. Some of them are powered by a purely electrical motor, some of them by auxiliary equipment. Such vehicles should be taken into account in defining the meaning of ‘vehicle’. That definition should be based on the general characteristics of such vehicles, in particular their maximum design speeds and net weights, and should provide that only vehicles propelled exclusively by mechanical power are covered. The definition should apply independently of the number of wheels that the vehicle has. Wheelchairs intended for use by persons with physical disabilities should not be included in the definition.

Light electric vehicles that do not fall within the definition of ‘vehicle’ should be excluded from the scope of Directive...