Sistemul Directivelor Europene
The 5 EU Motor Insurance Directives (EU MID) were established in order to further enhance the protection system of road traffic victims within the European Economic Area (EEA).
They are now superseded by the consolidated text of the Codified Directive (2009/103/EC).
The EU MID established various bodies in each Member State for which the CoB acts as a Secretariat: the Compensation Bodies, the Guarantee Funds and the Information Centres.
They also introduced new concepts such as: compulsory MTPL insurance valid throughout the whole EEA territory, abolishment of intra-EEA border insurance checks, protection for visiting victims, minimum amounts of cover, …
More specifically, the EU MID achieved 2 main innovations:
1. The notion of “territory in which a vehicle is normally based”( 1st Directive – 72/166/EEC)
Green Card checks are abolished at intra- EEA borders. A motor vehicle which is normally based in the territory of a Member State will be presumed to be insured in this Member State and the National Insurers’ Bureau of this Member State will guarantee the compensation of damages of a victim in another Member State, even without the presence of a Green Card.
To determine the Member State in which a vehicle is normally based, different criteria are provided for in the Codified MID; the most important being of course the license plate of the vehicle.
2. The Protection of Visitors scheme (4th Directive – 2000/26/EC)
It is a sort of “mirror image” of the Green Card System : where the Green Card System is mainly designed as a protection of a victim suffering damages in his own country, caused by a foreign vehicle, the Protection of Visitors scheme aims to protect the victim of a road traffic accident in another Member State than the one in which he had his normal residence.
To obtain this goal, every insurer established in a Member State of the EEA and offering MTPL Insurance is required to nominate in each other Member State a “Claims Representative” who is entitled to receive, handle and settle claims addressed by a victim having his residence in the Members State where the Claims Representative is established and related to a road traffic accident that has occurred in another Member State than the State of the victim’s residence.