Commissioner Apostolos Tzitzikostas, answering a parliamentary question from MEP Isabel Serra Sánchez (The Left), defended Spain's new compulsory insurance and registration requirements for electric scooters, stating they are compatible with EU law. The answer signals the Commission's openness to future EU-wide harmonised rules for personal mobility devices (PMDs), but stops short of concrete proposals.
The question, submitted on 16 February 2026, challenged Spain's Law 5/2025, which imposes insurance obligations on scooters over 25 kg or capable of speeds over 25 km/h, with coverage up to EUR 70 million for personal injury. Lighter and slower scooters require lower coverage, while bicycles are exempt. The MEP cited warnings from Spain's National Commission on Markets and Competition about potential violations of technological neutrality and free movement, and noted OECD data showing no accident-rate differences justifying differential treatment.
Tzitzikostas clarified that Directive (EU) 2021/2118, which revised the definition of 'vehicle' for compulsory motor insurance, does not preclude Member States from introducing insurance requirements for any motor equipment used for personal mobility. Therefore, Spain's law is not inconsistent with the Directive's scope and objectives. He also noted that PMDs are currently covered by the Machinery Directive (2006/42/EC), which provides technology-neutral product safety provisions but does not regulate on-road use, leading to fragmented national rules.
Policy orientation and ambition
The Commission's answer is broadly supportive of Spain's approach, emphasising road safety challenges posed by PMDs. It references a 2024 Commission study that recommended harmonised rules to address fragmentation, and states that the Commission 'will reflect and assess any further steps' – a cautious commitment that falls short of announcing legislative action. The tone suggests the Commission sees value in national experimentation while preparing the ground for eventual EU-level harmonisation.
Expected institutional follow-up
No specific timeline is given. The Commission's assessment of further steps is likely to take at least 12-18 months, possibly leading to a legislative proposal or non-binding guidance. The answer leaves room for Member States to act unilaterally in the interim, which may increase regulatory divergence across the EU.
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