Directive (EU) 2021/2118 amending 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

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Series Details L 430, Pages 1-23
Publication Date 02/12/2021
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Summary:

Directive (EU) 2021/2118 - formally signed off by the co-legislators on 24 November 2021 - introducing amendments to Directive 2009/103/EC, also known as the Motor Insurance Directive (MID). This is a text with EEA relevance.

Further information:

The Motor Insurance Directive (MID) is a key legal instrument of the Single Market, as it enables seamless crossing of internal borders of the European Union by EU residents with their vehicles for both business and leisure purposes. The first EU Directive on motor insurance was adopted in 1972, with the objectives of protecting victims of motor vehicle accidents and facilitating the free movement of motor vehicles between Member States. Subsequently, five motor insurance Directives progressively strengthened the protection of EU citizens. In 2009 those were consolidated into one EU Motor Insurance Directive (Directive 2009/103/EC).

The Commission Work Programme 2016 announced an evaluation of the MID. Such work was launched in June 2016, involving a public consultation in July-October 2017. The conclusion of the evaluation was that most elements of the Directive remained fit for purpose, while certain amendments in specific areas would be appropriate.

A draft law aimed at improving the existing rules was adopted by the European Commission on 24 May 2018. This proposal addresses the need to enhance the protection of traffic accident victims where the insurer is insolvent, and to improve the recognition of claims history statements, especially in a cross-border context. It also responds to other issues, like insurance checks to combat uninsured driving, harmonisation of minimum amounts of cover, and the scope of the directive.

The European Parliament's plenary session adopted its negotiating position in February 2019, followed by the Council of the European Union in December 2019. An informal agreement between the co-legislators on a compromise text for this draft law was reached on 22 June 2021. This was endorsed by the Parliament on 21 October and later by the Council. The Act was signed by the co-legislators on 24 November 2021 and published in the Official Journal on 2 December 2021.

Related Links
Commentary and Analysis
BIBA: Press Release, 25/05/2018: BIBA Response to the EC’s Motor Insurance Directive REFIT evaluation https://www.biba.org.uk/press-releases/biba-reponse-motor-insurance-directive-refit/
FIA: News, 31/05/2018: FIA statement to the European Commission proposal to amend the Motor Insurance Directive (MID) https://www.fia.com/news/fia-statement-european-commission-proposal-amend-motor-insurance-directive-mid
The Guardian, 02/06/2018: Should e-bike owners be forced to buy insurance? https://www.theguardian.com/money/2018/jun/02/e-bike-owners-buy-insurance
Wills Towers Watson: Insights, 04/03/2020: Amendments to the EU Motor Insurance Directive https://www.willistowerswatson.com/en-GB/Insights/2020/02/amendments-to-the-eu-motor-insurance-directive
FIA: News, 23/06/2021: The FIA welcomes the revision of the Motor Insurance Directive and the exemption for motorsport https://www.fia.com/news/fia-welcomes-revision-motor-insurance-directive-and-exemption-motorsport
ACEM: News, 24/06/2021: ACEM welcomes political agreement on the Motor Insurance Directive by Council and Parliament https://www.acem.eu/acem-welcomes-political-agreement-on-the-motor-insurance-directive-by-council-and-parliament
European Cyclists Federation (ECF): News, 30/06/2021: Cycling associations claim victory: E-bikes will be excluded from compulsory insurance https://ecf.com/news-and-events/news/cycling-associations-claim-victory-e-bikes-will-be-excluded-compulsory
ACEM: News, 25/10/2021: New Motor Insurance Directive, no compulsory European insurance for motorsport and related activities https://www.acem.eu/new-motor-insurance-directive-no-compulsory-european-insurance-for-motorsport-and-related-activities

News
The Irish Times, 28/05/2018: EU says electric bikes and golf buggies need third-party insurance https://www.irishtimes.com/business/personal-finance/eu-says-electric-bikes-and-golf-buggies-need-third-party-insurance-1.3511084
EurActiv, 04/06/2018: Formula One at risk from new EU insurance rules? https://www.euractiv.com/section/transport/news/formula-one-at-risk-from-new-eu-insurance-rules/

Official
EUR-LEX: COM(2018)336: Proposal for a Directive amending 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 ensure against such liability https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2018:336:FIN
EUR-Lex: SWD(2018)247: Staff Working Document accompanying this Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2018:247:FIN
EUR-Lex: SWD(2018)248: Staff Working Document accompanying this Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2018:248:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Motor Insurance Directive (2018/0168(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2018/0168(COD)
European Parliament: Legislative Train Schedule: Proposal for a Directive amending 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 ensure against such liability https://www.europarl.europa.eu/legislative-train/theme-an-economy-that-works-for-people/file-revision-of-the-motor-insurance-directive
European Commission: Motor Insurance https://ec.europa.eu/info/business-economy-euro/banking-and-finance/insurance-and-pensions/motor-insurance_en
European Commission: DG FISMA: Commission proposal to amend the motor insurance directive https://ec.europa.eu/info/publications/180524-proposal-motor-insurance
European Commission: Press Release, 24/05/2018: Consumer Financial Services: stronger insurance rules to protect victims of motor vehicle accidents https://ec.europa.eu/commission/presscorner/detail/en/IP_18_3731
European Commission: Memo, 24/05/2018: Frequently asked questions: Commission proposal to amend the Motor Insurance Directive https://ec.europa.eu/commission/presscorner/detail/en/MEMO_18_3732
European Parliament: Press Release, 22/01/2019: MEPs close legal loopholes to protect victims of road accidents http://www.europarl.europa.eu/news/en/press-room/20190121IPR23926/
European Parliament: Headlines, 13/02/2019: Car insurance: new EU rules to better protect victims of road accidents https://www.europarl.europa.eu/news/en/headlines/society/20190130STO24607/
Council of the European Union: Press Release, 18/12/2019: Motor insurance: Council agrees position on better protection of victims of motor vehicles accidents https://www.consilium.europa.eu/en/press/press-releases/2019/12/18/motor-insurance-council-agrees-position-on-better-protection-of-victims-of-motor-vehicles-accidents/
European Commission: Press Release, 22/06/2021: Motor Insurance: Commission welcomes European Parliament and Council agreement to update the Motor Insurance Directive https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3097
European Parliament: Press Release, 22/06/2021: Deal reached on new rules to better protect road accident victims https://www.europarl.europa.eu/news/en/press-room/20210617IPR06467/
Council of the European Union: Press Release, 28/06/2021: Motor insurance directive: Coreper endorses provisional agreement https://www.consilium.europa.eu/en/press/press-releases/2021/06/28/motor-insurance-directive-the-council-and-the-european-parliament-reach-a-provisional-agreement/
European Parliament: Press Release, 12/07/2021: MEPs approve new rules to better protect road accident victims https://www.europarl.europa.eu/news/en/press-room/20210707IPR07910/

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