Vastus pöördumisele - Rahandusministeerium

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Inslovency WG-20/02/2023-Annex n° 5d We act for the protection of cross-border road traffic victims Agreement between Insolvency Bodies in the framework of Article 10a of the European Motor Insurance Directive Protection of injured parties in respect of damage resulting from accidents occurring in their Member State of residence in the case of the insolvency of an insurance undertaking COUNCIL OF BUREAUX - AISBL / Avenue Louise 166 (1st floor), BE-1050 Brussels / www.cobx.org Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 1/13 Inslovency WG-20/02/2023-Annex n° 5d Parties to the Agreement The following bodies, signatories to this Agreement: A Austrian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Austria B Belgian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Belgium BG Bulgarian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Bulgaria CY Cypriot Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Cyprus CZ Czech Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in the Czech Republic D German Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Germany DK Danish Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Denmark E Spanish Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Spain EST Estonian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Estonia F French Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in France FIN Finnish Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Finland FL Liechtenstein Insolvency Official name of the organisation performing the capacity of Body Insolvency Body in Liechtenstein GR Greek Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Greece H Hungarian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Hungary HR Croatian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Croatia COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 2/13 Inslovency WG-20/02/2023-Annex n° 5d I Italian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Italy IRL Irish Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Ireland IS Icelandic Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Iceland L Luxembourgish Insolvency Official name of the organisation performing the capacity of Body Insolvency Body in Luxembourg LT Lithuanian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Lithuania LV Latvian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Latvia M Maltese Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Malta N Norwegian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Norway NL Dutch Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in the Netherlands P Portuguese Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Portugal PL Polish Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Poland RO Romanian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Romania S Swedish Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Sweden SK Slovak Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in the Slovak Republic SLO Slovenian Insolvency Body Official name of the organisation performing the capacity of Insolvency Body in Slovenia COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 3/13 Inslovency WG-20/02/2023-Annex n° 5d Preamble Whereas 1. the European Union has, between 1972 and 2005, adopted five different Directives relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (‘the Motor Insurance Directives’); 2. the five Motor Insurance Directives were codified in one single text: 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 such liability (OJ L 263, 7.10.2009, p. 11) (‘the Codified Motor Insurance Directive’); 3. on 24th November 2021, the European Union adopted a new, Sixth Motor Insurance Directive: Directive 2021/2118 of the European Parliament and of the Council of 24 November 2021 amending Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ L 430, 2nd December 2021, p. 1) (‘the Sixth Motor Insurance Directive’); 4. the Sixth Motor Insurance Directive provides for a new Article 10a to be inserted in the Codified Motor Insurance Directive with the title ‘Protection of injured parties in respect of damage resulting from accidents occurring in their Member State of residence in the case of the insolvency of an insurance undertaking’; 5. the new Article 10a of the Codified Motor Insurance Directive requires the Member States to set up a new body or to authorise an existing body (‘Insolvency Body’), with the task of providing compensation to Injured Parties resident within their territory for damage to property or personal injuries caused by a Vehicle insured by an insurance undertaking subject to bankruptcy or winding- up proceedings (‘Insolvent Insurance Undertaking’); 6. in accordance with the new Article 10a of the Codified Motor Insurance Directive, the Insolvency Bodies of the different Member States have to provide compensation to Injured Parties, not only where the Home Member State of the Insolvent Insurance Undertaking is the same as the Member State in which the Injured Party is resident but also where that Home Member State is different from the Member State in which the Injured Party is resident; 7. in the latter case, where the Home Member State of the Insolvent Insurance Undertaking is different from the Member State in which the Injured Party is resident, the Sixth Motor Insurance Directive provides that the Insolvency Body of the Injured Party’s Member State of residence, after having compensated the Injured Party, shall be entitled to claim full reimbursement of the sum paid by way of compensation from the Insolvency Body in the Insolvent Insurance Undertaking’s Home Member State; 8. the Sixth Motor Insurance Directive requires the Insolvency Bodies to have sufficient funds available to compensate Injured Parties. Having regard to the reimbursement obligations between Insolvency Bodies, imposed by the Sixth Motor Insurance Directive, the funds available should also allow respecting these reimbursement obligations in case the Insolvent Insurance Undertaking performs COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 4/13 Inslovency WG-20/02/2023-Annex n° 5d insurance activities in other Member States by way of freedom of establishment or freedom to provide services. National insurance supervisory authorities should therefore be able to provide Insolvency Bodies with information on the activities and risks of insurance undertakings, not only in these insurance undertakings’ Home Member States, but also in other Member States. Additionally, the cooperation between Insolvency Bodies mutually should also allow the Insolvency Body in an insurance undertaking’s Home Member State to be informed about market operations of insurance undertakings in other Member States; 9. the Sixth Motor Insurance Directive requires all the Insolvency Bodies to strive to conclude an agreement on the implementation of the new Article 10a of the Codified Motor Insurance Directive, containing provisions relating to the Insolvency Bodies’ functions and obligations and the procedures for reimbursement resulting from that Article 10a; 10. the Insolvency Bodies, set up or authorised by the Member States in accordance with the new Article 10a of the Codified Motor Insurance Directive who become signatories of this Agreement wish to comply with the obligation as provided for in the new Article 10a of the Codified Motor Insurance Directive have concluded this Agreement: Provisions of the Agreement ARTICLE 1 – Definitions For the purposes of this Agreement:  ‘Administrator’ means a person or body appointed by the administrative or judicial authorities of a Member State for the purpose of administering reorganisation measures;  ‘Claimant Insolvency Body’ means the Insolvency Body having compensated Injured Parties in accordance with Article 10a of the Codified Motor Insurance Directive;  ‘COB’ means the AISBL Council of Bureaux, registered under Belgian law with the official name ‘Association Internationale des Bureaux Nationaux d’Assurance Automobile’ under Enterprise Number 0877.104.682;  ‘Codified Motor Insurance Directive’ means 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 such liability (OJ L 263, 7.10.2009, p. 11) as amended by the Sixth Motor Insurance Directive;  ‘Debtor Insolvency Body’ means the Insolvency Body in the Insolvent Insurance Undertaking’s Home Member State;  ‘Green Card System’ means the international motor third party liability insurance system, based on Recommendation N° 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe, superseded by Annex 1 COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 5/13 Inslovency WG-20/02/2023-Annex n° 5d of the Revised Consolidated Resolution on the Facilitation of Road Transport (R.E.4) adopted by the Inland Transport Committee at the sixty-sixth session which was held from 17 to 19 February 2004;  ‘Home Member State’ means the Member State in which the head office of the Insolvent Insurance Undertaking is situated;  ‘Injured Party’ means any person entitled to compensation in respect of any loss or injury caused by Vehicles;  ‘Insolvency Body’ means the body set up or authorised by a Member State in accordance with Article 10a of the Codified Motor Insurance Directive, with the task of providing compensation to Injured Parties resident within their territory, at least up to the limits of the insurance obligation, for damage to property or personal injuries caused by a vehicle insured by an insurance undertaking from the moment when (a) the insurance undertaking is subject to bankruptcy proceedings; or (b) the insurance undertaking is subject to winding-up proceedings as defined in Article 268(1), point (d) of Directive 2009/138/EC;  ‘Insolvent Insurance Undertaking’ means an insurance undertaking subject to bankruptcy proceedings or subject to winding-up proceedings as defined in Article 268(1), point (d) of Directive 2009/138/EC;  ‘Liquidator’ means a person or body appointed by the administrative or judicial authorities of a Member State or by the governing bodies of an insurance undertaking for the purpose of administering winding- up proceedings;  ‘National Insurers’ Bureau’ means a professional organisation which is constituted in accordance with Recommendation N° 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a State, are authorised to conduct the business of motor vehicle insurance against civil liability;  ‘Sixth Motor Insurance Directive’ means Directive 2021/2118 of the European Parliament and of the Council of 24 November 2021 amending Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ L 430, 2 December 2021, p. 1);  ‘Vehicle’ means (a) any motor vehicle propelled exclusively by mechanical power on land but not running on rails with: − a maximum design speed of more than 25 km/h; or − a maximum net weight of more than 25 kg and a maximum design speed of more than 14 km/h; (b) any trailer to be used with a vehicle referred to in point (a), whether coupled or uncoupled. Without prejudice to points (a) and (b), wheelchair vehicles exclusively intended for use by persons with physical disabilities are not considered to be vehicles referred to in this Directive. COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 6/13 Inslovency WG-20/02/2023-Annex n° 5d This Agreement shall also apply to any motor equipment used on land for which motor insurance is required in the Member State where the accident occurred in accordance with Article 28(1) of the Codified Motor Insurance Directive. ARTICLE 2 – Scope of the Agreement This Agreement shall be applicable in case a Claimant Insolvency Body compensates an Injured Party resident in the Claimant Insolvency Body’s Member State, as a result of an accident occurred in the Injured Party’s Member State of residence and caused by a Vehicle insured by an Insolvent Insurance Undertaking, the Home Member State of which differs from the Injured Party’s Member State of residence. This Agreement shall not be applicable to -among others- the following cases:  where the Vehicle having caused the accident is insured by an Insolvent Insurance Undertaking, the Home Member State of which is the same as the Injured Party’s Member State of residence. In this case, the Injured Party may address a claim to the Insolvency Body in accordance with Article 10a of the Codified Motor Insurance Directive but there is no reason for reimbursement procedures in line with this Agreement;  where the accident occurred in a Member State other than the Injured Party’s Member State of residence. In this case, the Agreement between Insolvency Bodies in the framework of Article 25a of the Sixth European Motor Insurance Directive may apply;  where the accident occurred in a country outside the European Economic Area. In this case, the Agreement between Insolvency Bodies in the framework of Article 25a of the Sixth European Motor Insurance Directive may apply, provided that certain conditions are fulfilled;  where the Vehicle having caused the accident is normally based in a country outside the European Economic Area, the National Insurers’ Bureau of which has joined the Green Card System. In this case, the rules of the Green Card System may apply. Even if this Agreement is not applicable, Insolvency Bodies commit themselves to provide each other, upon request, with all assistance, information and documents they have available or can obtain, relating to an accident and relating to the law on insurance, liability and compensation of damage as well as any advice on the technical reserves related to a claim. ARTICLE 3 – Compensation of the injured party Insolvency Bodies shall compensate Injured Parties in accordance with applicable rules of national, international and European law. They shall have particular attention for the provisions of Article 10a of the Codified Motor Insurance Directive and for the confirmation of insurance cover for the Vehicle having caused the accident. When compensating the Injured Party, the Claimant Insolvency Body shall contact the Insolvent Insurance Undertaking, the Administrator or the Liquidator to obtain the information necessary to correctly compensate the Injured Party, including information about the sums that may already have been paid to the Injured Party. COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 7/13 Inslovency WG-20/02/2023-Annex n° 5d Article 4 – right to claim full reimbursement In accordance with Article 10a(10) of the Codified Motor Insurance Directive, where the Home Member State of the Insolvent Insurance Undertaking is different from the Member State in which the Injured Party is resident, the Claimant Insolvency Body which has compensated the Injured Party, shall be entitled to claim full reimbursement of the sum paid by way of compensation from the Debtor Insolvency Body in the Home Member State of the Insolvent Insurance Undertaking. ARTICLE 5 – Cooperation and information exchange In accordance with Article 10a(5) of the Codified Motor Insurance Directive, the Claimant Insolvency Body shall, upon receipt of a claim from the Injured Party, inform:  the Insolvency Body of the Insolvent Insurance Undertaking’s Home Member State, where that Member State differs from the Injured Party’s Member State of residence;  the Insolvent Insurance Undertaking, its Administrator or Liquidator, also in view of obtaining confirmation of insurance cover. In addition, the Claimant Insolvency Body shall, upon receipt of a claim from the Injured Party, also inform:  the National Insurers’ Bureau of the Injured Party’s Member State of residence, where the Vehicle having caused the accident is normally based in a Member State other than the Injured Party’s Member State of residence. This National Insurers’ Bureau shall -where appropriate- be asked to inform the correspondent appointed by the Insolvent Insurance Undertaking in the Injured Party’s Member State of residence in accordance with the rules of the Green Card System.  the National Insurer’s Bureau of the Member State where the Vehicle having caused the accident is normally based if that Member State differs from the Injured Party’s Member State of residence;  the representative (in accordance with Article 152 of Directive 2009/138/EC) of the Insolvent Insurance Undertaking in the Member State where the Vehicle having caused the accident is normally based, in case the Insolvent Insurance Undertaking was operating in that Member State by way of freedom to provide services. In line with the spirit of cooperation and partnership between Insolvency Bodies:  The Debtor Insolvency Body shall provide, on request and as soon as possible, to the Claimant Insolvency Body, all necessary assistance, information and documents it has available relating to the (insolvency) law of the Member State of the Debtor Insolvency Body or concerning the procedure of bankruptcy or winding-up of the Insolvent Insurance Undertaking;  The Claimant Insolvency Body shall keep the Debtor Insolvency Body, the Insolvent Insurance Undertaking and its Administrator or Liquidator informed about the technical reserves related to claims received, distinguishing between damage to property and personal injuries per Injured Party; COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 8/13 Inslovency WG-20/02/2023-Annex n° 5d  The Claimant Insolvency Body shall provide the necessary information and documents to the Debtor Insolvency Body to allow the Debtor Insolvency Body to recover any sums after having reimbursed the Claimant Insolvency Body;  Insolvency Bodies shall assist each other, upon request, with obtaining information -upon availability- about market operations of insurance undertakings, operating in other Member States than their Home Member State, by way of freedom of establishment or freedom to provide services. This assistance may relate to premium income, market shares, technical reserves and other information, allowing the Debtor Insolvency Body to have sufficient funds available, as required by Article 10a(2) of the Codified Motor Insurance Directive and to respect the reimbursement obligations arising from this Agreement;  Insolvency Bodies shall, in view of transparency, increasing efficiency and sharing best practices, disclose, on request of COB, their principles of funding;  Insolvency Bodies shall inform other Insolvency Bodies as soon as they have reasons to believe that they don’t have sufficient funds available to compensate Injured Parties in accordance with Article 10a of the Codified Motor Insurance Directive. Cooperation and information exchange as mentioned in this Agreement shall be in compliance with rules on data protection, amongst others with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). For the purpose of all communication exchange (including but not limited to demands for reimbursement), all Signatory Insolvency Bodies shall provide one e-mail address to the Secretariat of COB. COB shall publish these e-mail addresses on an internal website or electronic communication platform. All communication sent to that e-mail address shall be accepted as in line with the provisions of this Agreement. Insolvency Bodies may, on a bilateral or multilateral basis, agree on other ways of communication, provided that these will only be binding upon those Insolvency Bodies that have agreed to them. ARTICLE 6 – Demands for reimbursement Not later than six months after the first payment made by a Claimant Insolvency Body in accordance with Article 10a of the Codified Motor Insurance Directive, this Claimant Insolvency Body shall address a demand for reimbursement to the Debtor Insolvency Body, containing the following information for each claim received and paid by the Claimant Insolvency Body: i. the amount paid in compensation to Injured Parties, specifying the amounts paid for damage to property and for personal injuries; ii. the sums paid for external services related to the claims handling process, such as for example experts’, lawyers’ or doctors’ fees, with the exclusion of costs for the act of the claims handling process itself (which should be part of the handling fee under point iii. below); iii. a handling fee calculated at the rate of 15% of the total of the sums paid in compensation to the Injured Parties, as mentioned in point i., with a minimum of EUR 200 and a maximum of EUR 3 COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 9/13 Inslovency WG-20/02/2023-Annex n° 5d 500. The calculation of the handling fee shall be made in relation to the aggregate of all payments (interim and final) made for claims resulting from the same accident. After the first demand for reimbursement, the Claimant Insolvency Body shall provide the Debtor Insolvency Body at least every six months with a demand for reimbursement, for as long as reimbursements are still due. In case the time delays within which demands for reimbursement must be addressed in accordance with this Article are not respected, the Debtor Insolvency Body shall be released from the obligation to pay a handling fee in accordance with point iii. above. Demands for reimbursement shall be accompanied by supporting documents. In view of further recovery procedures, the Debtor Insolvency Body may request additional documentary evidence, without however delaying the reimbursement obligations. Article 7 – reimbursement The amounts due to the Claimant Insolvency Body shall be payable in the country and in the national currency of that Claimant Insolvency Body, at first demand and free of costs. The reimbursements shall be payable within a period of three months from the date of issuance of the demand for reimbursement. On expiry of that period, late interest at 12% per annum on the amount due shall apply automatically from the date of the demand for reimbursement until the date of receipt of the remittance by the bank of the Claimant Insolvency Body. Article 8 – challenge of reimbursements The amount to be reimbursed may only be disputed by the Debtor Insolvency Body in one of the following cases:  the Claimant Insolvency Body has ignored objective material information given to it;  the Claimant Insolvency Body has not observed the rules of applicable law; Article 9 – use of language The signatory Insolvency Bodies shall use, in their mutual communication, the English language unless they agree on the use of a different language. Supporting documentation may be provided in the original language of the documents. COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 10/13 Inslovency WG-20/02/2023-Annex n° 5d Article 10 – dispute settlement Any dispute arising out of or in connection with this Agreement shall first be submitted to the Managing Director of COB. Within four weeks of the receipt of the submission, the Managing Director shall invite the Signatories concerned to present their points of view. The Signatories concerned shall present their points of view in writing and within a delay of six weeks after receipt of the Managing Director’s invitation. Within a period of 30 days after having received the points of view of all the Signatories involved in the dispute, the Managing Director shall send an invitation to the Signatories concerned for a mediation meeting in view of reaching an amicable settlement. The Managing Director or any other neutral person to whom the Managing Director may delegate this task shall act as mediator. If the mediation process does not result in any amicable settlement of the dispute, the dispute shall be finally settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with the said Rules. When three arbitrators are foreseen, each party shall nominate its arbitrator listed on the COB website in, respectively the request for arbitration and the answer to the request, for the confirmation by the Appointments Committee or the President of CEPANI. Prior to the appointment or confirmation, the proposed arbitrator shall sign a statement of acceptance, availability and independence. Where a party refrains from nominating its arbitrator or if the latter is not confirmed, the Appointments Committee or the President of CEPANI shall appoint the arbitrator. COB has a list of arbitrators whom have technical and practical knowledge of the cooperation system between the different members of COB as well as about MTPL insurance questions in a cross-border context. This list is published on the COB website and updated twice a year. The third arbitrator, who will act by right as chair of the Arbitral Tribunal, shall be appointed by the Appointments Committee or the President of CEPANI. In all cases, the Appointments Committee or the President of CEPANI is free to choose from outside the list. The seat of arbitration shall be Brussels. The arbitration shall be conducted in the English language. Except for the Belgian Insolvency Body, the Signatories expressly exclude any application for setting aside the Arbitral Award. Article 11 – Governing law This Agreement shall be subject to and interpreted in accordance with rules of Belgian substantive law. Article 12 – New Members This Agreement is open for signature by all Insolvency Bodies set up or authorised in accordance with Article 10a of the Codified Motor Insurance Directive. COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 11/13 Inslovency WG-20/02/2023-Annex n° 5d In case of new Member States of the European Union or of new States participating in the European Economic Area, the Managing Director of COB shall enquire the European Commission and the country in question to learn which body or organisation will be set up or authorised to operate as Insolvency Body. The Managing Director shall invite the body or organisation in question to become a signatory to the Agreement. Article 13 – Term of the Agreement and withdrawal This Agreement shall be concluded for an indefinite period. If a signatory Insolvency Body ceases to be authorised as the Insolvency Body in the Member State where it was set up or authorised or finds itself unable to carry out this competence, it shall immediately notify the Managing Director of COB, who shall inform the European Commission and the other Signatories without delay. If possible, the Insolvency Body in question shall inform the Managing Director about the identity of the body or organisation that will take over the competences of Insolvency Body in the Member State in question. Should a signatory Insolvency Body cease to be authorised as the Insolvency Body in the Member State where it was set up or authorised or finds itself unable to carry out this competence or withdraws from this Agreement, this shall not affect the rights and obligations of the remaining Insolvency Bodies, who shall remain bound by all the provisions of this Agreement. When an Insolvency Body withdraws from this Agreement, the withdrawal shall only take effect after a twelve months’ notice. The withdrawing Insolvency Body shall remain fully liable for any obligation resulting from this Agreement prior to the withdrawal taking effect. Article 14 – Entry into force to be decided during the Working Group’s meeting of 20 February 2023: one of the following two options: This Agreement will enter into force on ……… and will be applicable to insolvencies occurring on or after that date, which means that the application of the Agreement extends to all claims (past, current and future) relating to motor third party liability insurance contracts subscribed by the Insolvent Insurance Undertaking. or This Agreement will enter into force on …… Code COUNTRY NAME COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 12/13 Inslovency WG-20/02/2023-Annex n° 5d Name of the organisation performing the capacity of Insolvency Body Mr./Mrs. Name SURNAME – Position COUNCIL OF BUREAUX Agreement between Insolvency Bodies – Article 10a Motor Insurance Directive 13/13 Insolvency WG-20/02/2023-Annex n° 5c We act for the protection of cross-border road traffic victims Agreement between Protection of Visitors Insolvency Bodies in the framework of Article 25a of the European Motor Insurance Directive Protection of injured parties in respect of damage resulting from accidents occurring in a Member State other than their Member State of residence of the injured party in the case of the insolvency of an insurance undertaking COUNCIL OF BUREAUX - AISBL / Avenue Louise 166 (1st floor), BE-1050 Brussels / www.cobx.org Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 1/14 Insolvency WG-20/02/2023-Annex n° 5c Parties to the Agreement The following bodies, signatories to this Agreement: A Austrian Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Austria B Belgian Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Belgium BG Bulgarian Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Bulgaria CY Cypriot Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Cyprus CZ Czech Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in the Czech Republic D German Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Germany DK Danish Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Denmark E Spanish Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Spain EST Estonian Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Estonia F French Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in France FIN Finnish Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Finland FL Liechtenstein Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Liechtenstein GR Greek Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Greece H Hungarian Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Hungary HR Croatian Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Croatia COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 2/14 Insolvency WG-20/02/2023-Annex n° 5c I Italian Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Italy IRL Irish Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Ireland IS Icelandic Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Iceland L Luxembourgish Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Luxembourg LT Lithuanian Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Lithuania LV Latvian Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Latvia M Maltese Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Malta N Norwegian Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Norway NL Dutch Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in the Netherlands P Portuguese Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Portugal PL Polish Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Poland RO Romanian Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Romania S Swedish Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in Sweden SK Slovak Protection of Visitors Official name of the organisation performing the capacity of Insolvency Body Protection of Visitors Insolvency Body in the Slovak Republic SLO Slovenian Protection of Official name of the organisation performing the capacity of Visitors Insolvency Body Protection of Visitors Insolvency Body in Slovenia COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 3/14 Insolvency WG-20/02/2023-Annex n° 5c Preamble Whereas 1. the European Union has, between 1972 and 2005, adopted five different Directives relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (‘the Motor Insurance Directives’); 2. the five Motor Insurance Directives were codified in one single text: 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 such liability (OJ L 263, 7.10.2009, p. 11) (‘the Codified Motor Insurance Directive’); 3. on 24th November 2021, the European Union adopted a new, Sixth Motor Insurance Directive: Directive 2021/2118 of the European Parliament and of the Council of 24 November 2021 amending Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ L 430, 2nd December 2021, p. 1) (‘the Sixth Motor Insurance Directive’); 4. the Sixth Motor Insurance Directive provides for a new Article 25a to be inserted in the Codified Motor Insurance Directive with the title ‘Protection of injured parties in respect of damage resulting from accidents occurring in a Member State other than their Member State of residence of the injured party in the case of the insolvency of an insurance undertaking’; 5. the new Article 25a of the Codified Motor Insurance Directive requires the Member States to set up a new body or to authorise an existing body (‘Protection of Visitors Insolvency Body’ or ‘PoV Insolvency Body’), with the task of providing compensation to Injured Parties habitually residingresident within their territory for material damage to property or bodily injurypersonal injuries resulting from accidents occurring in a Member State other than the Injured Party’s Member State of residence and caused by a Vehicle insured by an insurance undertaking subject to bankruptcy or winding-up proceedings (‘Insolvent Insurance Undertaking’); 6. the Sixth Motor Insurance Directive provides that the PoV Insolvency Body of the Injured Party’s Member State of habitual residence, after having compensated the Injured Party, shall be entitled to claim full reimbursement of the sum paid by way of compensation from the PoV Insolvency Body in the Insolvent Insurance Undertaking’s Home Member State; 7. the Sixth Motor Insurance Directive requires the PoV Insolvency Bodies to have sufficient funds available to compensate Injured Parties. Having regard to the reimbursement obligations between PoV Insolvency Bodies, imposed by the Sixth Motor Insurance Directive, the funds available should also allow respecting these reimbursement obligations in case the Insolvent Insurance Undertaking performs insurance activities in other Member States by way of freedom of establishment or freedom to provide services. National insurance supervisory authorities should therefore be able to provide PoV Insolvency Bodies with information on the activities and risks of insurance undertakings, not only in these insurance undertakings’ Home Member States, but also in other Member States. Additionally, the cooperation between PoV Insolvency Bodies mutually and between Insolvency Bodies and National Insurers’ Bureaux should also allow the PoV Insolvency COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 4/14 Insolvency WG-20/02/2023-Annex n° 5c Body in an insurance undertaking’s Home Member State to be informed about market operations of insurance undertakings in other Member States.; 8. the Sixth Motor Insurance Directive requires all the PoV Insolvency Bodies to strive to conclude an agreement on the implementation of the new Article 25a of the Codified Motor Insurance Directive, containing provisions relating to the PoV Insolvency Bodies’ functions and obligations and the procedures for reimbursement resulting from that Article 25a; 9. the PoV Insolvency Bodies, set up or authorised by the Member States in accordance with the new Article 25a of the Codified Motor Insurance Directive who become signatories of this Agreement wish to comply with the obligation as provided for in the new Article 25a of the Codified Motor Insurance Directive have concluded this Agreement: Provisions of the Agreement ARTICLE 1 – Definitions For the purposes of this Agreement:  ‘Administrator’ means a person or body appointed by the administrative or judicial authorities of a Member State for the purpose of administering reorganisation measures;  ‘Claimant PoV Insolvency Body’ means the PoV Insolvency Body having compensated Injured Parties in accordance with Article 25a of the Codified Motor Insurance Directive;  ‘COB’ means the AISBL Council of Bureaux, registered under Belgian law with the official name ‘Association Internationale des Bureaux Nationaux d’Assurance Automobile’ under Enterprise Number 0877.104.682;  ‘Codified Motor Insurance Directive’ means 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 such liability (OJ L 263, 7.10.2009, p. 11) as amended by the Sixth Motor Insurance Directive;  ‘Debtor PoV Insolvency Body’ means the PoV Insolvency Body in the Insolvent Insurance Undertaking’s Home Member State;  ‘Green Card System’ means the international motor third party liability insurance system, based on Recommendation N° 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe, superseded by Annex 1 of the Revised Consolidated Resolution on the Facilitation of Road Transport (R.E.4) adopted by the Inland Transport Committee at the sixty-sixth session which was held from 17 to 19 February 2004;  ‘Home Member State’ means the Member State in which the head office of the Insolvent Insurance Undertaking is situated; COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 5/14 Insolvency WG-20/02/2023-Annex n° 5c  ‘Injured Party’ means any person entitled to compensation in respect of any loss or injury caused by Vehicles;  ‘Insolvent Insurance Undertaking’ means an insurance undertaking subject to bankruptcy proceedings or subject to winding-up proceedings as defined in Article 268(1), point (d) of Directive 2009/138/EC of the European Parliament and of the Council;  ‘Liquidator’ means a person or body appointed by the administrative or judicial authorities of a Member State or by the governing bodies of an insurance undertaking for the purpose of administering winding- up proceedings;  ‘National Insurers’ Bureau’ means a professional organisation which is constituted in accordance with Recommendation N° 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a State, are authorised to conduct the business of motor vehicle insurance against civil liability;  ‘Protection of Visitors Insolvency Body’ or ‘PoV Insolvency Body’ means the body set up or authorised by a Member State in accordance with Article 25a of the Codified Motor Insurance Directive, with the task of providing compensation to Injured Parties habitually residingresident within their territory, in the cases referred to in Article 20(1) of the Codified Motor Insurance Directive, at least up to the limits of the insurance obligation, for damage to property or personal injuries caused by a vehicle insured by an insurance undertaking from the moment where when (a) the insurance undertaking is subject to bankruptcy proceedings; or (b) the insurance undertaking is subject to winding-up proceedings as defined in Article 268(1), point (d) of Directive 2009/138/EC;  ‘Sixth Motor Insurance Directive’ means Directive 2021/2118 of the European Parliament and of the Council of 24 November 2021 amending Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ L 430, 2nd December 2021, p. 1);  ‘Vehicle’ means (a) any motor vehicle propelled exclusively by mechanical power on land but not running on rails with:  a maximum design speed of more than 25 km/h; or  a maximum net weight of more than 25 kg and a maximum design speed of more than 14 km/h; (b) any trailer to be used with a vehicle referred to in point (a), whether coupled or uncoupled. Without prejudice to points (a) and (b), wheelchair vehicles exclusively intended for use by persons with physical disabilities are not considered to be vehicles referred to in this Directive. This Agreement shall also apply to any motor equipment used on land for which motor insurance is required in the Member State where the accident occurred in accordance with Article 28(1) of the Codified Motor Insurance Directive. COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 6/14 Insolvency WG-20/02/2023-Annex n° 5c ARTICLE 2 – Scope of the Agreement This Agreement shall be applicable in case a Claimant PoV Insolvency Body compensates an Injured Party habitually residing in the Claimant PoV Insolvency Body’s Member State, as a result of a traffican accident  occurred in a Member State other than the Injured Party’s Member State of habitual residence and  caused by a Vehicle insured by an Insolvent Insurance Undertaking, the Home Member State of which differs from the Injured Party’s Member State of habitual residence. This Agreement shall also be applicable in case a Claimant PoV Insolvency Body compensates an Injured Party habitually residing in the Claimant PoV Insolvency Body’s Member State, as a result of a traffican accident  occurred in a third country outside the European Economic Area, the National Insurers’ Bureau of which has joined the Green Card System and  caused by a Vehicle  normally based in a Member State and  insured by an Insolvent Insurance Undertaking, the Home Member State of which differs from the Injured Party’s Member State of habitual residence. This Agreement shall not be applicable to -among others- the following cases:  where the accident occurred in the Injured Party’s Member State of habitual residence. In this case the Agreement between Insolvency Bodies in the framework of Article 10a of the Sixth European Motor Insurance Directive may apply;  where the Vehicle having caused the accident is insured by an Insolvent Insurance Undertaking, the Home Member State of which is the same as the Injured Party’s Member State of habitual residence. In this case, the Injured Party may address a claim to the PoV Insolvency Body in accordance with Article 25a of the Codified Motor Insurance Directive, but there is no reason for reimbursement procedures in line with this Agreement;  where the Vehicle having caused the accident is not normally based in any State of the European Economic Area. In this case, the rules of the Green Card System may apply. Even if this Agreement is not applicable, PoV Insolvency Bodies commit themselves to provide to each other, upon request, with all assistance, information and documents they have available or can obtain, relating to an accident and relating to the law on insurance, liability and compensation of damage as well as any advice on the technical reserves related to a claim. COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 7/14 Insolvency WG-20/02/2023-Annex n° 5c ARTICLE 3 – Compensation of the injured party PoV Insolvency Bodies shall compensate Injured Parties in accordance with applicable rules of national, international and European law. They shall have particular attention for the provisions of Article 25a of the Codified Motor Insurance Directive and for the confirmation of insurance cover for the Vehicle having caused the accident. In order to determine the applicable rules to liability and the compensation of Injured Parties, the Claimant PoV Insolvency Body shall apply conflict of laws rules as they apply in the Injured Party’s Member State of habitual residence. When compensating the Injured Party, the Claimant PoV Insolvency Body shall take contact with the following bodies or organisations in order to obtain the information necessary to correctly compensate the Injured Party, including information about the sums that may already have been paid to the Injured Party:  the Insolvent Insurance Undertaking, its Administrator or Liquidator;  the claims representative of the Insolvent Insurance Undertaking in the Injured Party’s Member State of habitual residence;  the Compensation Body in the Injured Party’s Member State of habitual residence;  the National Insurers’ Bureau of the country (Member State or third countryother) where the accident occurred;  the Green Card correspondent of the Insolvent Insurance Undertaking in the country (Member State or third countryother) where the accident occurred;  the representative (in accordance with Article 152 of Directive 2009/138/EC of the European Parliament and of the Council) of the Insolvent Insurance Undertaking in the Member State where the Vehicle having caused the accident is normally based, in case the Insolvent Insurance Undertaking was operating in that Member State by way of Ffreedom to provide Sservices. In case the Compensation Body in the Injured Party’s Member State of habitual residence, the claims representative of the Insolvent Insurance Undertaking in the Injured Party’s Member State of habitual residence or the National Insurers’ Bureau in the country where the accident occurred had already started the claims handling process with the Injured Party before the bankruptcy or winding-up proceedings of the Insolvent Insurance Undertaking commenced, the Claimant PoV Insolvency Body may mandate this Compensation Body, claims representative or National Insurers’ Bureau to continue the claims handling process, provided that:  the Compensation Body, claims representative or National Insurers’ Bureau handles under the responsibility of the Claimant PoV Insolvency Body;  the claims representative applies conflict of laws rules as they apply in the Injured Party’s Member State of residence and the claims representative respects the applicable rules of national, international and European law, including -among others- the provisions of Article 25a of the Codified Motor Insurance Directive. COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 8/14 Insolvency WG-20/02/2023-Annex n° 5c Article 4 – right to claim full reimbursement In accordance with Article 25a(10) of the Codified Motor Insurance Directive, where the Home Member State of the Insolvent Insurance Undertaking is different from the Member State in which the Injured Party is habitually residingresident, the Claimant PoV Insolvency Body which has compensated the Injured Party shall be entitled to claim full reimbursement of the sum paid by way of compensation from the Debtor PoV Insolvency Body in the Home Member State of the Insolvent Insurance Undertaking. ARTICLE 5 – Cooperation and information exchange In accordance with Article 25a(5) of the Codified Motor Insurance Directive, the Claimant PoV Insolvency Body shall, upon receipt of a claim from the Injured Party, inform:  the PoV Insolvency Body of the Insolvent Insurance Undertaking’s Home Member State;  the Compensation Body in the Injured Party’s Member State of habitual residence;  the Insolvent Insurance Undertaking, its Administrator or Liquidator, also in view of obtaining confirmation of insurance cover. In addition, the Claimant PoV Insolvency Body shall, upon receipt of a claim from the Injured Party, also inform:  the claims representative of the Insolvent Insurance Undertaking in the Injured Party’s Member State of habitual residence;  the National Insurers’ Bureau of the country (Member State or third countryother) where the accident occurred;  the Green Card correspondent of the Insolvent Insurance Undertaking in the country (Member State or third countryother) where the accident occurred;  the representative (in accordance with Article 152 of Directive 2009/138/EC of the European Parliament and of the Council) of the Insolvent Insurance Undertaking in the Member State where the Vehicle having caused the accident is normally based, in case the Insolvent Insurance Undertaking was operating in that Member State by way of Ffreedom to provide Sservices. In line with the spirit of cooperation and partnership between PoV Insolvency Bodies:  The Debtor PoV Insolvency Body shall provide, on request and as soon as possible, to the Claimant PoV Insolvency Body, all necessary assistance, information and documents it has available relating to the (insolvency) law of the Member State of the Debtor PoV Insolvency Body or concerning the procedure of bankruptcy or winding-up of the Insolvent Insurance Undertaking;  The PoV Insolvency Body of the Member State where the accident occurred shall provide, on request and as soon as possible, all necessary assistance, information and documents it has available or can obtain relating to the accident and relating to the law on insurance, liability and compensation of damage of the Member State where the accident occurred, as well as any advice on the technical reserves related to the claim; COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 9/14 Insolvency WG-20/02/2023-Annex n° 5c  In case the accident occurred in a third country outside the European Economic Area, the National Insurers’ Bureau of which has joined the Green Card System, the Claimant PoV Insolvency Body shall request the National Insurers’ Bureau of the country where the accident occurred to provide all assistance, information and documents it has available or can obtain relating to the accident and relating to the law on insurance, liability and compensation of damage of the Member State where the accident occurred, as well as any advice on the technical reserves related to the claim;  The Claimant PoV Insolvency Body shall keep the Debtor PoV Insolvency Body, the Insolvent Insurance Undertaking, its Administrator or Liquidator informed about the technical reserves related to claims received, distinguishing between material damage to property and bodily injurypersonal injuries per Injured Party;  The Claimant PoV Insolvency Body shall provide the necessary information and documents to the Debtor PoV Insolvency Body, to allow the Debtor PoV Insolvency Body to recover any sums after having reimbursed the Claimant PoV Insolvency Body;  PoV Insolvency Bodies shall assist each other, upon request, with obtaining information -upon availability- about market operations of insurance undertakings, operating in other Member States than their Home Member State, by way of freedom of establishment or freedom to provide services. This assistance may relate to premium income, market shares, technical reserves and other information, allowing the Debtor PoV Insolvency Body to have sufficient funds available, as required by Article 25a(2) of the Codified Motor Insurance Directive and to respect the reimbursement obligations arising from this Agreement;  PoV Insolvency Bodies shall, in view of transparency, increasing efficiency and sharing best practices, disclose, upon regular bases or on request of COBthe Council of Bureaux, their principles of funding;  PoV Insolvency Bodies shall inform other PoV Insolvency Bodies as soon as they have reasons to believe that they don’t have sufficient funds available to compensate Injured Parties in accordance with Article 25a of the Codified Motor Insurance Directive. Cooperation and information exchange as mentioned in this Agreement shall be in compliance with rules on data protection, amongst others with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). For the purpose of all communication exchange (including but not limited to demands for reimbursement), all Signatory PoV Insolvency Bodies shall provide one e-mail address to the Secretariat of COB. COB shall publish these e-mail addresses on an internal website or electronic communication platform. All communication sent to that e-mail address shall be accepted as in line with the provisions of this Agreement. PoV Insolvency Bodies may, on a bilateral or multilateral basis, agree on other ways of communication, provided that these will only be binding upon those PoV Insolvency Bodies that have agreed to them. COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 10/14 Insolvency WG-20/02/2023-Annex n° 5c ARTICLE 6 – Demands for reimbursement Not later than three six months after the first payment made by a Claimant PoV Insolvency Body in accordance with Article 25a of the Codified Motor Insurance Directive, this Claimant PoV Insolvency Body shall address a demand for reimbursement to the Debtor PoV Insolvency Body, containing the following information for each claim received and paid by the Claimant PoV Insolvency Body: i. the amount paid in compensation to Injured Parties, specifying the amounts paid as for material damage to property and as for bodily injurypersonal injuries; ii. the sums paid for external services related to the claims handling process, such as for example experts’, lawyers’ or doctors’ fees, with the exclusion of costs for the act of the claims handling process itself (which should be part of the handling fee under point iii. below); iii. a handling fee calculated at the rate of 15% of the total of the sums paid in compensation to the Injured Parties, as mentioned in point i., with a minimum of EUR 200 and a maximum of EUR 3 500. The calculation of the handling fee shall be made in relation to the aggregate of all payments (interim and final) made for claims resulting from the same accident. The first demand for reimbursement shall be sent by registered mail and by e-mail to the Debtor PoV Insolvency Body. Following this first demand for reimbursement, the Claimant PoV Insolvency Body and the Debtor PoV Insolvency Body shall agree on the way the following demands for reimbursement shall be addressed. By lack of agreement, any following demands for reimbursement shall be sent by registered mail and by e-mail. After the first demand for reimbursement, the Claimant PoV Insolvency Body shall provide the Debtor PoV Insolvency Body, not more than once every three months, with a demand for reimbursement at least every six months with a demand for reimbursement, for as long as reimbursements are still due. In case the time delays within which demands for reimbursement must be addressed in accordance with this Article are not respected, the Debtor PoV Insolvency Body shall be released from the obligation to pay a handling fee in accordance with point iii. above. Demands for reimbursement shall be accompanied by supporting documents. In view of further recovery procedures, the Debtor PoV Insolvency Body may request additional documentary evidence, without however delaying the reimbursement obligations. Article 7 – reimbursement The amounts due to the Claimant PoV Insolvency Body shall be payable in the country and in the national currency of that Claimant PoV Insolvency Body, at first demand and free of costs. The reimbursements shall be payable within a period of three months from the date of issuance of the demand for reimbursement. On expiry of that period, late interest at 12% per annum on the amount due shall apply automatically from the date of the demand for reimbursement until the date of receipt of the remittance by the bank of the Claimant PoV Insolvency Body. COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 11/14 Insolvency WG-20/02/2023-Annex n° 5c In those cases where the existence of different conflict of laws rules in the Injured Party’s Member State of habitual residence and the Insolvent Insurance Undertaking’s Home Member State result in different laws applicable to the compensation of the Injured Party, the Debtor PoV Insolvency Body may limit the amount to be reimbursed to the maximum amount of cover provided by the Insolvent Insurance Undertaking in the insurance contract or to the minimum amount of insurance cover applicable in the country of the accident, whichever is the highest. Article 8 – challenge of reimbursements The amount to be reimbursed may only be disputed by the Debtor PoV Insolvency Body in one of the following cases:  the Claimant PoV Insolvency Body has ignored objective material information given to it;  the Claimant PoV Insolvency Body has not observed the rules of applicable law (as determined by the conflict of laws rules applicable in the Injured Party’s Member State of habitual residence); However, the amount to be reimbursed may not be disputed by the Debtor PoV Insolvency Body which has not provided the information requested from it with regard to the applicable law on insurance, liability and compensation of damage and/or on the sums referred to in Article 6i. Article 9 – use of language The signatory PoV Insolvency Bodies shall use, in their mutual communication, the English language unless they agree on the use of a different language. Supporting documentation may be provided in the original language of the documents. Article 10 – dispute settlement Any dispute arising out of or in connection with this Agreement shall first be submitted to the Managing Director of COBthe Council of Bureaux. Within four weeks of the receipt of the submission, the Managing Director shall invite the Signatories concerned to present their points of view. The Signatories concerned shall present their points of view in writing and within a delay of six weeks after receipt of the Managing Director’s invitation. Within a period of 30 days after having received the points of view of all the Signatories involved in the dispute, the Managing Director shall send an invitation to the Signatories concerned for a mediation meeting in view of reaching an amicable settlement. The Managing Director or any other neutral person to whom the Managing Director may delegate this task shall act as mediator. If the mediation process does not result in any amicable settlement of the dispute, the dispute shall be finally settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with the said Rules. COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 12/14 Insolvency WG-20/02/2023-Annex n° 5c When three arbitrators are foreseen, each party shall nominate its arbitrator listed on the CoOB website in, respectively the request for arbitration and the answer to the request, for the confirmation by the Appointments Committee or the President of CEPANI. Prior to the appointment or confirmation, the proposed arbitrator shall sign a statement of acceptance, availability and independence. Where a party refrains from nominating its arbitrator or if the latter is not confirmed, the Appointments Committee or the President of CEPANI shall appoint the arbitrator. The CoBCOB has a list of arbitrators whom have technical and practical knowledge of the cooperation system between the different members of COBthe CoB as well as about MTPL insurance questions in a cross-border context. This list is published on the CoOB website and updated twice a year. The third arbitrator, who will act by right as chair of the Arbitral Tribunal, shall be appointed by the Appointments Committee or the President of CEPANI. In all cases, the Appointments Committee or the President of CEPANI is free to choose from outside the list. The seat of arbitration shall be Brussels. The arbitration shall be conducted in the English language. Except for the Belgian (PoV)PoV Insolvency Body, the Signatories expressly exclude any application for setting aside the Arbitral Award. Article 11 – Governing law This Agreement shall be subject to and interpreted in accordance with rules of Belgian substantive law. Article 12 – New Members This Agreement is open for signature by all PoV Insolvency Bodies set up or authorised in accordance with Article 25a of the Codified Motor Insurance Directive. In case of new Member States of the European Union or of new States participating in the European Economic Area, the Managing Director of COBthe Council of Bureaux shall enquire the European Commission and the country in question to learn which body or organisation will be set up or authorised to operate as PoV Insolvency Body. The Managing Director shall invite the body or organisation in question to become a signatory to the Agreement. Article 13 – Term of the Agreement and withdrawal This Agreement shall be concluded for an indefinite period. If a signatory PoV Insolvency Body ceases to be authorised as the PoV Insolvency Body in the Member State where it was set up or authorised or finds itself unable to carry out this competence, it shall immediately notify the Managing Director of COBthe Council of Bureaux, who shall inform the European Commission COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 13/14 Insolvency WG-20/02/2023-Annex n° 5c and the other Signatories without delay. If possible, the PoV Insolvency Body in question shall inform the Managing Director about the identity of the body or organisation that will take over the competences of PoV Insolvency Body in the Member State in question. Should a signatory PoV Insolvency Body cease to be authorised as the PoV Insolvency Body in the Member State where it was set up or authorised or finds itself unable to carry out this competence or withdraws from this Agreement, this shall not affect the rights and obligations of the remaining PoV Insolvency Bodies, who shall remain bound by all the provisions of this Agreement. When a PoV Insolvency Body withdraws from this Agreement, the withdrawal shall only take effect after a twelve months’ notice. The withdrawing PoV Insolvency Body shall remain fully liable for any obligation resulting from this Agreement prior to the withdrawal taking effect. Article 14 – Entry into force to be decided during the Working Group’s meeting of 20 February 2023: one of the following two options: This Agreement will enter into force on ……… and will be applicable to insolvencies occurring on or after that date, which means that the application of the Agreement extends to all claims (past, current and future) relating to motor third party liability insurance contracts subscribed byin the portfolio of the Insolvent Insurance Undertaking. or This Agreement will enter into force on …… Code COUNTRY NAME Name of the organisation performing the capacity of PoV Insolvency BodyOrganisation name Mr./Mrs. Name SURNAME – Position COUNCIL OF BUREAUX Agreement between PoV Insolvency Bodies – Article 25a Motor Insurance Directive 14/14 Saatja: Martti Merila <[email protected]> Saadetud: 28.06.2023 15:56 Adressaat: <"info.fin list">; <"Andres Ando">; <=?windows-1257?Q?Siiri_T=F5niste?=> Koopia: Mart Jesse <[email protected]> Teema: FW: Pöördumine Manused: ~WRD0001.jpg; Vastus_RaM_MID_GF.asice; 2023-02-20-Insolvency-WG-Annex- 5d-Article-10a-Agrt-clean.pdf; 2023-02-20-Insolvency-WG-Annex-5c-Article-25a-Agrt-track- changes.pdf Tere! Edastame vastuse teie pöördumisele! Lugupidamisega Martti Merila Õigusvaldkonna juht 5074563 From: LKF <[email protected]> Sent: Friday, June 16, 2023 10:59 AM To: Mart Jesse <[email protected]>; Martti Merila <[email protected]> Subject: FW: Pöördumine From: [email protected] <[email protected]> Sent: Friday, June 16, 2023 10:08 AM To: LKF <[email protected]> Subject: Pöördumine Tere! Teile on Rahandusministeeriumi poolt edastatud dokument. Pealkiri: Euroopa Liidu liikluskindlustuse direktiivi muudatuste rakendamisest Registreerimise kuupäev: 16.06.2023 Registreerimise number: 13-2.1/4355-1. Suur-Ameerika 1, Tallinn 10122 Tel. (372) 611 3558 e-mail: [email protected] www.rahandusministeerium.ee  Säästa loodust ja ära prindi seda e-kirja! Käesolev e-kiri võib sisaldada asutusesiseseks kasutamiseks tunnistatud teavet. This e-mail may contain information which is classified for official use. Mart Võrklaev Teie 16.06.2023 nr 13-2.1/4355-1 Rahandusministeerium Meie 28.06.2023 nr 21362 Euroopa Liidu liikluskindlustuse direktiivi muudatuste rakendamisest Lugupeetud härra minister Saatsite meile 16.06.2023.a kinnituskirja selle kohta, et Eesti Liikluskindlustuse Fondil (LKF) on nii MID artikli 10a kui ka 25a lõike 13 teise alalõike alapunkti b kohane õigus pidada läbirääkimisi ja sõlmida nimetatud lõigete esimestes lõikudes viidatud kokkulepe kehtivatele volitustele tuginedes, samuti palusite tagasisidet, kas seniste konsultatsioonide valguses on meie hinnangul saavutatav direktiivi muudatustes seatud eesmärk sõlmida kõnealune kokkulepe 2023. aasta 23. detsembriks. Täname usalduse eest ja teatame, et oleme valmis pidama läbirääkimisi lepingu sõlmimiseks. Oleme koos teiste liikmesriikide analoogsete asutustega arutanud kõnealuseid kindlustusandjate võimaliku maksejõuetusega kaasnevaid küsimusi ning meie hinnangul on eesmärk sõlmida kõnealune kokkulepe 2023. aasta 23. detsembriks saavutatav. Ühtlasi edastame teile teadmiseks ja/või juhiste saamiseks liikmesriikide esindajate poolt läbiräägitud lepingu projekti. Leiate selle manusena. Kirjas märkisite, et ministeeriumi poolt ettevalmistatavas eelnõus olete näinud ette MIDi artiklites 10a ja 25a sätestatud kohustuste täitjana Fondi. Anname teada, et oleme valmis neid funktsioone täitma ja ootame teie käest halduslepingu muutmise ettepanekut, et kooskõlastada see LKF nõukoguga 7. septembril. Lugupidamisega /allkirjastatud digitaalselt/ Mart Jesse juhatuse esimees Eesti Kindlustusseltside Liit, registrikood 80007648 Mustamäe tee 46, 10621 Tallinn Tel 667 1800, [email protected], www.eksl.ee

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