Most frequently asked questions regarding Vnuk
1. Does current EU motorsport insurance already cover these risks?
NO - currently, no motorsport insurance meeting the compulsory requirements of the new Directive is available in the EU and will not be made available. It is worth noting that the new EU Motor Insurance Directive (MID) contains many exacting requirements, all of which must be met for the insurance to be compliant.
The MIA and the Department for Transport in the UK have had discussions with London-based motorsport insurance specialists which, directly and indirectly, provide most of the EU’s current insurance to motorsport organisers and teams. They know of NO insurer who will write motorsport insurance to meet the levels of liability required by the Directive – in fact, most say such risks are, effectively, uninsurable.
2. Without this new compulsory insurance cover can motorsport in Europe and the UK continue?
NO – if the amendments, which the MIA recommend elsewhere, are not put in place by the EU Parliament and Council, there will be legal proceedings against all Member States who do not fully comply with the Directive.
3. What will be the impact on the European motorsport industry from this new motor Insurance Directive?
By far, the most significant impact will arise from the loss of hundreds of thousands of motorsport-related jobs in many related industry sectors, across the EU and the UK. The closure of tens of thousands of motorsport-related businesses, who across the EU, collectively transact more than €25 billion each year. In addition, there is the significant loss of human-rights to a sporting activity, enshrined in EU law, enjoyed by millions of European people.
4. How will this affect me?
If you work in motorsport in the EU then you are likely to lose your motorsport job, and if you own or manage a company in motorsport sector, you can expect to be out of business very quickly. Once motorsport becomes illegal, as no EU-required insurance is available, then all EU motorsport activity will stop and all EU customers will disappear. The entire EU supply chain for motorsport will lose any contracts they have and will subsequently close too.
5. What is the deadline for acting on this issue?
The European Parliament and the Council of the European Union are both independently due to vote on the text of the new Motor Insurance Directive (MID) before the end of 2018. No precise date has been set for the vote yet, but it is likely to happen in late November or early December 2018.
It is therefore critical that messages are sent urgently to inform MEPs and respective EU national governments of this critical problem, and the amendment solutions available, by November 2018 at the latest.
5. Brexit – will the new MID apply in the UK after it leaves the EU and destroy motorsport?
YES – all EU legislation will apply in the UK for, at least, the duration of the transition period (until March 2021). After which the UK Parliament could repeal EU legislation, but it would take years to put in place new British Motor Insurance law. By which time, the UK motorsport industry, having lost all EU business, would have already closed.
6. Which countries will be affected by the new Motorsport Insurance Directive?
The new MID will affect all 28 EU countries – these are Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.
Motorsport is a world-wide industry and many EU companies export beyond Europe. However, once there is no motorsport in the EU these companies will disappear. This MID will have a significant global effect on motorsport as all European series, teams and suppliers will disappear.
7. I have read France and Finland’s motor insurance laws already comply with this MID so they will not be affected - is that true?
The French Fédération Francaise de l’ Assurance (FFSA) has explained to the MIA that, currently, the Civil Liability law in France excludes vehicle-to-vehicle damage caused during any sporting event due to their national “Acceptance of Risks” rule. This clearly means their current legislation does NOT comply with the interpretation of the Directive given in the VNUK judgment of 2014, so France will be affected by the new MID.
The MIA had contact with AKK, FIA’s ASN in Finland, and their laws state that no third-party insurance is compulsory when vehicles are ‘driving in an enclosed’ area. This means their current legislation does NOT comply with the interpretation of the Directive given in the VNUK judgment of 2014 so Finland will be affected by the new MID.
8. What is the MIA doing to overcome this threat – can I help?
Since 2014, the MIA has been working with the UK’s Department for Transport and others to try to find a solution to this issue. It has opened communication and engagement with motorsport employers, motorsport organisations, the specialist insurance sector, the media, and other sectors impacted by the new Motor Insurance Directive (MID).
We ran an effective online campaign, in advance of the first Review, which mobilised thousands of people and companies from across the EU in 2017 and 2018. We helped them to respond to the European Commission’s Consultation into their MID review of October 2017, and also to send their feedback on the Commission’s Proposal for a new MID in July 2018. The EC website reveals that more than 4000 replies were made to these various reviews – but still the necessary amendments to secure EU motorsport have not been made by the Commission.
In September 2018, we launched an urgent social media campaign. This asks all EU and UK motorsport employers and employees to protect their future by alerting their MEPs and national governments to the disastrous effects which would be caused to motorsport jobs and businesses without amendments to the latest Directive.
The MIA is a not-for-profit organisation relying on the support of 300+ corporate members. It simply does not have the substantial financial resources needed to engage directly with the European Parliament and Council on this vital matter. This is why the MIA asks, though social media, all motorsport businesses to engage directly with their MEPs and national governments so the issue can be understood by all and resolved quickly.
9. What does Vnuk mean?
On August 13th, 2007, in a Slovenian farmyard, Mr. Damijan Vnuk fell from his ladder when it was hit by a tractor and trailer. He eventually became the claimant in a case put before the Court of Justice of the EU in 2014, the ruling from which substantially affects the European Commission’s new Motor Insurance Directive (MID). The case is Damijan Vnuk v Zavarovalnica Triglav d.d. (case C-162/13) and the ruling has become known as ‘the Vnuk ruling’
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