On Sep. 17, 2024, NLD GVT published Decree of decision of Sep. 9, 2024 determining the date of entry into force of art I, s G, and art II, s A, pts 2-4, and s B, of the Implementation Act of the Sixth Motor Vehicle Insurance Directive, to be Jul. 24, 2025.
Document dated Sep. 17, 2024, added on Sep. 23, 2024, due to website maintenance.
NLD GVT issued draft legislation to implement the sixth EU motor insurance directive.
Sought comments from stakeholders including non-life insurers, the public and firms.
Follows EP Jun. 2021 issued details of deal for road accident victims, see #108985.
Overview
The preliminary draft transposes the sixth EU motor insurance directive into Dutch law.
Under this directive, member States must ensure there is a body that will compensate the victims of an accident, in the event that the motor vehicle's insurer is bankrupt.
In addition, this directive allows member States to abolish insurance obligations, which in principle apply to motor vehicles, for certain vehicles, such as light electric vehicles.
However, there is no insurance obligation for electric bicycles, so the new draft design means the Motor Traffic Guarantee Fund will no longer reimburse any damage caused.
The risk of such bicycles causing serious harm to others is small, and in addition, this damage is in principle covered by an optional liability insurance for individuals or firms.
Effectiveness
Comments can be made relating to the consultation until Nov. 8, 2022.
Apr. 2023 Advisory Council Report
On Apr. 21, 2023, NLD GVT published advisory council further report on amendment of Motor vehicle liability insurance act and Financial Supervision Act in connection with the implementation of EU motor insurance directive 2021/2118, in official gazette.
Advisory Division of Council of State has no comments on proposal and recommends that the proposal be submitted to the House of Representatives.
Jun. 16 2023 Bill Amendments
On Jun. 16, 2023, NLD GVT issued parliamentary amendment memorandum to draft legislation implementing the sixth EU motor insurance directive.
First amendment ensures reference to new paragraph 5 is included in Article 3, paragraph 3, second sentence, Motor vehicle liability insurance act (WAM).
Amendment important if use is made of possibility of new 5th paragraph to designate other countries by order to clarify level of cover that insurance must provide.
Determined by legislation of country where act occurred, or by legislation of country where motor vehicle is normally based, if the cover in the latter country is is higher.
2nd amendment re transfer of claim of injured party against Motor Traffic Guarantee Fund in event of insolvency of an insurer from Art 25(1)(d) WAM to Art 26a(1), (2).
Oct. 2023 Implementation Act
On Oct. 2, 2023, NLD PRL published Act of Aug. 25, 2023 amending Motor vehicle liability insurance act (WAM) and Financial supervision act re implementation of EU motor insurance directive 2021/2118 on insurance against civil liability.
Act enters into force at a time to be determined by Royal Decree.
Article 26d, WAM included in Article I, section O, comes into force from Jun. 23, 2023.
If Act is published in gazette after Jun. 22, 2023, Article 26d will come into force on day after date of issue of gazette, will retroactively apply until Jun. 23, 2023.
Document dated Oct. 2, 2023, was received on Oct. 24 due to a fixed feed.
Dec. 12, 2023 Implementation Decree
On Dec. 12, 2023, NLD GVT published decree of Dec. 4, 2023, containing provisions for the implementation of the Motor vehicle liability insurance act.
In connection with implementation of EU motor insurance directive 2021/2118.
Due to new, more limited definition of term vehicle, certain motor vehicles no longer fall within scope, including slower vehicles (max. 25 km/h or, if heavier than 25 kilos, max. 14 km/h), and vehicles that not driven exclusively by mechanical force.
Sixth Motor Vehicle Insurance Directive Implementation Act includes option to exempt these motor vehicles from the scope of the Motor vehicle liability insurance act (WAM)
Decree will enter into force at a time to be determined by Royal Decree, which may be determined differently for the different articles or parts thereof.
For the most part, directive must be implemented before Dec. 23, 2023.
Dec. 19, 2023 Applicability Decree
On Dec. 19, 2023, NLD GVT published Decree of Dec. 12, 2023 determining the date of entry into force of art I, parts A to F, H, P, under 1, and Q to V, of the Sixth Motor Vehicle Insurance Directive Implementation Act and of art 1 to 7 of the Decree on the Implementation of the Sixth Motor Vehicle Insurance Directive, to be Dec. 23, 2023.
Jul. 8, 2024 Insolvency Provisions
On Jul. 8, 2024, NLD GVT issued Decree of Jun. 28, 2024 determining date of entry into force of provisions of Sixth Motor Vehicle Insurance Directive Implementation Act and Implementation Decree, re provision in the event of insolvency from an insurer.
Provides for entry into force on Jul. 10, 2024 of art I, parts I to N, arts 26a-c included in part O, Motor vehicle liability insurance act, part P, under 2, Art II, part A, under 1, and Article IIA of the Sixth Motor Vehicle Insurance Directive Implementation Act.
And articles 8 to 10, Sixth Motor Vehicle Insurance Directive Implementation Decree.
Provisions enter into force on Jul. 10, 2024.
Sep. 2024 Applicability Decree
On Sep. 17, 2024, NLD GVT published Decree of decision of Sep. 9, 2024 determining the date of entry into force of art I, s G, and art II, s A, pts 2-4, and s B, of the Implementation Act of the Sixth Motor Vehicle Insurance Directive, to be Jul. 24, 2025.
Document dated Sep. 17, 2024, added on Sep. 23, 2024, due to website maintenance.
Regulators
NLD GVT; NLD PRL
Entity Types
Ins
Reference
OG 259, 9/17/2024; Decree 9/9/2024; OG 208, 7/8/2024; OG 473, 12/19/2023; Decree 12/12/2023; OG 453, 12/12/2023; Decree 12/4/2023; PR 10/2/2023; Act 321, 8/25/2023; Lt, Memo, 6/16/2023; OG 2023/10652, 4/21/2023; CP, Bill, PR 10/11/2022; Dir 2021/2118
