After years of the European Cyclists’ Federation (ECF) and the Confederation of the European Bicycle Industry (CONEBI) advocating to exclude e-bikes from mandatory motor vehicle insurance, the European Parliament and the Council of the EU last week reached a provisional agreement on the update of the Motor Insurance Directive that aligns with ECF and CONEBI’s views.

The combined lobby of civil society and cycling industry representatives appealed to the Parliament and Council to reverse a proposal from the European Commission that all EPACs and pedelecs, commonly called e-bikes, should be covered by the EU directive.

The Commission’s 2018 proposal to update the directive defined the scope of motorised vehicles eligible for third-party liability insurance to also include all e-bikes. The associations believed that this would undermine the EU’s stable regulatory framework for e-bikes, which has made the EU the world’s leader in e-bike use.

ECF and CONEBI argued that an electric-power-assisted bicycle under current EU rules is essentially a bicycle, not a motor vehicle, and that the damages caused by such bicycles are not high enough to justify a mandatory motor vehicle insurance for their users. It would also create a barrier to their use, would not improve road safety and would create confusion amongst member states as to how to implement the legislation.

ECF and CONEBI thought that the Commission’s initial proposal was an error that would signify an over-regulatory barrier to the uptake of e-bikes and lobbied the European Parliament and EU member states to overturn this error.

The Parliament and member states in the Council agreed and reached a provisional agreement on 22 June 2021 to overturn the original Commission text on the scope, with the two institutions deciding to only include vehicles that are “propelled exclusively by mechanical power,” effectively excluding all e-bikes, which are principally muscle-powered with power assist.

Ceri Woolsgrove, Policy Officer at ECF: “This is an important recognition by the EU’s two decision-making bodies that power-assisted bicycles are an essential tool to make our mobility system more sustainable and that e-bikes should have the same advantages as traditional bicycles. It also shows the importance of cycling advocacy in Brussels: this decision by the Parliament and Council is a 180-degree turnaround from the original Commission proposal and we thank Parliament and Council for helping us create a good and clear cross-border insurance environment in our sector.”

Jill Warren, CEO of ECF: “This is truly excellent news for people all over Europe. E-bikes are proving to be revolutionary for the transformation of our mobility system, with people turning to them as a green and healthy alternative to cars. They open up cycling to new, diverse groups of the population, but mandatory insurance would have been a major barrier to their continued uptake. MEP Dita Charanzová, the European Parliament rapporteur, should be commended for steering this difficult file from start to finish, as should the many Council presidencies and member states that listened to and supported ECF and CONEBI’s position.”

Anna-Lena Scherer, Public Affairs Manager at CONEBI: “After several years of meetings with the European institutions and member states, we have achieved a great result: the status of the EPAC as a bicycle has been confirmed, and it has been clarified that EPACs are not motor vehicles. With a different outcome, the consequences for both cycling and our Industry would have been detrimental, so this is definitely a moment for celebration.”

Manuel Marsilio, General Manager of CONEBI: “This result is extremely important for both cycling and the industry. A long-term growth of the EPAC market will depend very much on the outcome of different EU legislative dossiers, including the revisions of Machinery, Battery and Type approval legislations. The Motor Insurance Directive is among them, and I would like to thank ECF, the CONEBI Members and all our experts for the valuable cooperation in this successful advocacy campaign.”

Kevin Mayne, Chief Executive of Cycling Industries Europe, supported the outcome of the campaign: “The battle to exclude e-bikes from motor insurance has lasted over five years and has required active campaigning by our partner associations and their members in every EU capital as well as the corridors of Brussels. This shows the importance of having consistent resources for professional advocates for cycling at all levels, without them this regulation could have sneaked into law almost unnoticed.”

The agreement will now have to be formally approved by Parliament and Council. Once approved, the directive will enter into force 20 days after its publication in the EU Official Journal. The new rules will start to apply 24 months after the entry into force.