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25.11.2011 Official
Journal
of
the
European
Union L
310/17
COMMISSION IMPLEMENTING DECISION
of 22 November 2011
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
(notified under document C(2011) 8289)
(Text with EEA relevance)
(2011/754/EU)
THE EUROPEAN COMMISSION,
Lithuania, Malta and Poland. Commission Decision
2004/332/EC of 2 April 2004 on the application of
Council Directive 72/166/EEC with regard to checks on
insurance against civil liability in respect of the use of
Having regard to the Treaty on the Functioning of the European
motor vehicles ( 3 ) provided that from 30 April 2004
Union,
Member States were to refrain from making checks on
insurance against civil liability in respect of vehicles
which are normally based in the territory of Estonia,
Latvia, Lithuania, Malta or Poland.
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
(4) The
Agreement
was
extended,
by
Addendum
No
2
such liability ( 1 ), and in particular Article 2 thereof,
thereto, to include the bureau of Andorra. Commission
Decision 2005/849/EC of 29 November 2005 on the
application of Council Directive 72/166/EEC with
regard to checks on insurance against civil liability in
Whereas:
respect of the use of motor vehicles ( 4 ) provided that
from 1 January 2006 Member States were to refrain
from making checks on insurance against civil liability
in respect of vehicles which are normally based in the
(1)
On 30 May 2002 the Agreement between the national
territory of Andorra.
insurers’ bureaux of the Member States of the European
Economic Area and other Associate States, hereinafter
‘the Agreement’, was concluded. Under the terms of the
Agreement each national bureau guaranteed the
settlement of claims, in accordance with the provisions
(5) The
Agreement
was
extended,
by
Addendum
No
3
of national law on compulsory insurance, in respect of
thereto, to include the bureaux of Bulgaria and
accidents occurring in its territory, caused by vehicles
Romania. Commission Decision 2007/482/EC of 9 July
normally based in the territory of another Member
2007 on the application of Council Directive
State or in the territory of Croatia, Cyprus, the Czech
72/166/EEC with regard to checks on insurance against
Republic, Hungary, Iceland, Norway, Slovakia, Slovenia
civil liability in respect of the use of motor vehicles ( 5 )
or Switzerland, whether or not such vehicles are insured.
provided that from 1 August 2007 Member States were
to refrain from making checks on insurance against civil
liability in respect of vehicles which are normally based
in the territory of Bulgaria or Romania. On 29 May
(2) Commission
Decision
2003/564/EC
of
28
July
2003
on
2008, the national insurers’ bureaux consolidated the
the application of Council Directive 72/166/EEC, relating
Agreement integrating the Addenda Nos 1-3.
to checks on insurance against civil liability in respect of
the use of motor vehicles ( 2 ) provided that from 1 August
2003 Member States were to refrain from making checks
on insurance against civil liability in respect of vehicles
(6) On
26
May
2011
the
national
insurers’
bureaux
of
the
which are normally based in the territory of another
Member States and those of Andorra, Croatia, Iceland,
Member State or in the territory of Croatia, Cyprus, the
Norway and Switzerland signed Addendum No 1 to
Czech Republic, Hungary, Iceland, Norway, Slovakia,
the consolidated Agreement by which the Agreement
Slovenia or Switzerland.
was extended to include the national insurers’ bureau
of Serbia. The Addendum provides for the practical
arrangements to abolish insurance checks in respect of
vehicles normally based in the territory of Serbia and
(3) The
Agreement
was
extended,
by
Addendum
No
1
which are subject to the Agreement.
thereto, to include the bureaux of Estonia, Latvia,
( 3 ) OJ L 105, 14.4.2004, p. 39.
( 1 ) OJ L 263, 7.10.2009, p. 11.
( 4 ) OJ L 315, 1.12.2005, p. 16.
( 2 ) OJ L 192, 31.7.2003, p. 23.
( 5 ) OJ L 180, 10.7.2007, p. 42.

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L 310/18
EN
Official Journal of the European Union
25.11.2011
(7)
Therefore, all the conditions for the removal of checks
Article 2
on motor insurance against civil liability in accordance
with Directive 2009/103/EC in respect of vehicles
Member States shall forthwith inform the Commission of
normally based in the territory of Serbia are fulfilled,
measures taken to apply this Decision.
HAS ADOPTED THIS DECISION:
Article 3
This Decision is addressed to the Member States.
Article 1
As from 1 January 2012, Member States shall refrain from
Done at Brussels, 22 November 2011.
making checks on insurance against civil liability in respect of
vehicles which are normally based in the territory of Serbia and
For the Commission
which are subject to Addendum No 1 to the Agreement
between the national insurers’ bureaux of the Member States
Michel BARNIER
of the European Economic Area and other Associate States.
Member of the Commission

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