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On 24th of November this year, the new EU-Directive 2021/2118 amending the 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 was published in the official journal of the European Union. .
The new legal act essentially adopts the rules of the predecessor and modified them. However, there are some new impacts by the new directive:
- According to the directive, member states must create a system that saves the injured for an insolvency of the insurance. The point that is responsible for the validation should be authorized to inform and to be informed by, and to cooperate with other relevant bodies, authorities, and stakeholders in the Union.
- Moreover, a new insurance will get the possibility to get information about the insurance history of the costumer by the old insurance. Hereby, the European Commission will rule the content and form of the information to guarantee a standardized certificate.
- Furthermore, the European Commission is responsible to change the minimum amounts of cover. This measure considers the changing economic situation in the European Union. The European Commission must ensure, that the minimum amounts of cover will not loose of worth during the time.
The legislator decided that light cars will not be included to the scope of application of the directive. This decision is argued by the lower risk that small vehicles entail. In addition, the legislator has the opinion that it is not proportionality to include light vehicles like e-bikes, because it would inhibit the introduction of new vehicles and hinder innovation. You can read more about this decision in our previous article from 6.8.2021 at: https://www.ietl.net/news-details/no-compulsory-insurance-and-license-plate-requirement-for-e-bikes-2.html.
The new directive has a minimum harmonizing character, so member states can enact stricter rules. The specifications of the directive have to implemented into national law until 23th of December in 2023. The European Commission will then watch, if any further changes related to autonomous driving and new technologies are necessary.
You can find the directive at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.430.01.0001.01.DEU&toc=OJ%3AL%3A2021%3A430%3AFULL