Date: 2020-09-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2020/1358 of 28 September 2020 on the application of Directive 2009/103/EC of the European Parliament and of the Council with regard to checks on insurance against civil liability in respect of the use of motor vehicles normally based in Bosnia and Herzegovina (Text with EEA relevance)
Executive Summary:
Commission Implementing Decision (EU) 2020/1358 addresses checks on insurance against civil liability for motor vehicles from Bosnia and Herzegovina, implementing Directive 2009/103/EC. Effective October 19, 2020, Member States will cease insurance checks for most vehicles from Bosnia and Herzegovina upon entry into the Union. Member States must inform the Commission of implementation measures.
Key Points / Main Content:
* **Agreement Context:** An agreement exists between national insurers bureaux of Member States and Bosnia and Herzegovina regarding settlement of claims for accidents caused by vehicles normally based in their respective territories.
* **Removal of Checks:** Member States shall not check insurance against civil liability for vehicles normally based in Bosnia and Herzegovina (excluding military vehicles registered there) upon entry into the Union, starting October 19, 2020.
* **Implementation Reporting:** Member States are required to inform the Commission of the measures they take to apply this decision.
* **Entry into Force:** This decision came into force on the twentieth day following its publication in the Official Journal of the European Union.
Impact Analysis:
**Member States:**
* Impact: Member States are affected by the requirement to cease insurance checks on vehicles from Bosnia and Herzegovina (excluding military vehicles) and must adapt their entry procedures accordingly.
* Action Required: Member States must implement the decision by October 19, 2020, and inform the Commission of the measures taken.
**European Commission:**
* Impact: The Commission is responsible for overseeing the implementation of the decision and ensuring Member States comply with the new regulations.
* Action Required: The Commission needs to receive and review reports from Member States regarding their implementation measures.
**Insurers Bureaux of Member States and Bosnia and Herzegovina:**
* Impact: These bureaux are part of the agreement guaranteeing the settlement of claims.
* Action Required: No specific action outlined in the text.
**Owners/Operators of vehicles normally based in Bosnia and Herzegovina (excluding military vehicles):**
* Impact: Benefit from the removal of insurance checks when entering the Union.
* Action Required: Ensure vehicles continue to have appropriate insurance coverage against civil liability.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Directive 2009/103/EC: Directive of the European Parliament and of the Council 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.
European Parliament: The directly elected parliamentary institution of the European Union.
Council of the European Union: A body composed of government ministers from each EU member state.
Bosnia and Herzegovina: A country in Southeastern Europe, specifically mentioned in the context of motor vehicle insurance checks.
European Economic Area: The area that enables European Union member states to extend the single market to non-EU states.
Brussels: The de facto capital of the European Union, where the Commission Implementing Decision was signed.
L 314/66 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 29.9.2020
COMMISSION IMPLEMENTING DECISION (EU) 2020/1358
of 28 September 2020
on the application of Directive 2009/103/EC of the European Parliament and of the Council with
regard to checks on insurance against civil liability in respect of the use of motor vehicles normally
based in Bosnia and Herzegovina
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1), and in particular Article 2, point (b), in conjunction with Article 8(2) thereof,
Whereas:
(1) According to Article 8(1), second subparagraph, of Directive 2009/103/EC, vehicles normally based in a third
country are to be treated, as regards the documentation of the compulsory insurance against civil liability in respect
of the use of such vehicles, as vehicles normally based in the Union where the national bureaux of all the Member
States severally guarantee, each in accordance with the provisions of their own national law on compulsory
insurance, settlement of claims in respect of accidents occurring in their territory caused by such vehicles.
(2) Article 2 of Directive 2009/103/EC makes the application of Article 8 of that Directive to vehicles normally based in
a third country subject to the conclusion of an agreement between the national insurers’ bureaux of the Member
States and the national insurers’ bureau of such third country. In addition, for Article 8 of that Directive to apply to
such vehicles, the Commission is to fix the date of application of that provision for those vehicles, and the types of
vehicles to which that provision is to apply, after having ascertained in close cooperation with the Member States
that such an agreement has been concluded.
(3) On 30 May 2002, the national insurers’ bureaux of the Member States of the European Economic Area and other
associated States concluded an agreement under which the settlement of claims arising in respect of accidents
occurring in their territory that are caused by vehicles normally based in the territory of the other parties to that
agreement, is guaranteed, irrespective of whether such vehicles are insured (the ‘Agreement’).
(4) On 13 June 2019 the national insurers’ bureaux of the Member States and those of Andorra, Iceland, Norway, Serbia
and Switzerland signed Addendum No 2 to the Agreement to include the national insurers’ bureau of Bosnia and
Herzegovina. That Addendum provides for the practical arrangements enabling the abolition of insurance checks
for vehicles mentioned in the Agreement that are normally based in the territory of Bosnia and Herzegovina,
covering all types of vehicles except military vehicles registered in that country.
(5) Therefore, all the conditions for the removal of checks on motor insurance against civil liability in accordance with
Directive 2009/103/EC in respect of vehicles normally based in Bosnia and Herzegovina are fulfilled,
HAS ADOPTED THIS DECISION:
Article 1
From 19 October 2020, Member States shall refrain from making checks of insurance against civil liability in respect of all
types of vehicles normally based in the territory of Bosnia and Herzegovina, with the exception of military vehicles
registered in that country, at their entry into the Union.
(1) OJ L 263, 7.10.2009, p. 11.29.9.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 314/67
Article 2
Member States shall forthwith inform the Commission of measures taken to apply this Decision.
Article 3
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Done at Brussels, 28 September 2020.
For the Commission
The President
Ursula VON DER LEYEN