COB — Internal Regulations

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1. Article 10 · forma din 1 ianuarie 2025 · limba originalului: en

   Article 10 Obligations of the bureaux Internal Regulations adopted by the General Assembly in Crete on 30 May 2002 and revised in Lisbon on 29 May 2008, in Istanbul on 23 May 2013, in Tallinn on 2 June 2016, in Helsinki on 8 June 2017, in Marrakesh on 14 June 2019, in Brussels on 24 September 2020, in Belgrade on 3 June 2022, in Ostend on 7 June 2023, and in London on 7 June 2024. 10 The bureaux to which the provisions of this section apply shall guarantee, on a full reciprocity basis, the reimbursement of all amounts payable under these Regulations arising out of any accident involving a vehicle normally based in the territory of the State for which each of these bureaux is competent, whether the vehicle is insured or not.

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2. Article 11 · forma din 1 ianuarie 2025 · limba originalului: en

   Article 11 The normally based concept 1. The territory of the State in which the vehicle is normally based is determined on the basis of any of the following criteria: 1.1. the territory of the Member State of which the vehicle bears a registration plate, whether this be permanent or temporary; 1.2. where no registration is required for the type of vehicle, but the vehicle bears an insurance plate, or a distinguishing sign analogous to a registration plate, the territory of the State in which the insurance plate or the sign is issued; 1.3. where neither registration plate nor insurance plate nor distinguishing sign is required for certain types of vehicles, the territory of the State in which the person who has custody of the vehicle is permanently resident. 2. If a vehicle required to bear a registration plate bears no plate or bears a registration plate which does not correspond or no longer corresponds to the vehicle has been involved in an accident, the territory in which the accident occurred shall, for the settlement for any resulting claim, be deemed to be the territory where the vehicle is normally based. 3. If a registration plate no longer corresponds to the vehicle, Article 11.2 shall only apply after a period of three months has elapsed starting from the date on which the registration plate no longer corresponds to the vehicle involved in the accident.

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3. Article 3 · forma din 1 ianuarie 2025 · limba originalului: en

   Article 3 Handling of claims 1. When a bureau is informed of an accident occurring in the territory of the country for which it is competent, involving a vehicle from another country it shall, without waiting for a formal claim, proceed to investigate the circumstances of the accident. It shall as soon as possible give notice of any such accident to the insurer who issued the Green Card or policy of insurance or, if appropriate, to the bureau concerned. Any omission to do so shall however not be held against it. If, in the course of this investigation, the bureau notes that the insurer of the vehicle involved in the accident is identified and that a correspondent of this insurer has been approved in conformity with the provisions in Article 4, it shall forward this information promptly to the correspondent for further action. 2.1. On receipt of a claim arising out of an accident under the circumstances described above, if a correspondent of the insurer has been approved, the bureau shall forward the claim promptly to the correspondent so that it may be handled and settled in conformity with the provisions of Article 4. If there is no approved correspondent, it shall give immediate notice to the insurer who issued the Green Card or policy of insurance or, if appropriate, to the bureau concerned that it has received a claim and will handle it, or arrange for it to be handled, by an agent whose identity it shall also notify. 2.2. Whenever dealing with a claim, the Bureau or its agent shall inform the insurer or the Bureau concerned about its best estimate of the expected claims amounts so that the addressee can set up an appropriate technical provision. It shall attach essential and relevant documentation and update the information as well as the documentation whenever substantial changes occur to it. Internal Regulations adopted by the General Assembly in Crete on 30 May 2002 and revised in Lisbon on 29 May 2008, in Istanbul on 23 May 2013, in Tallinn on 2 June 2016, in Helsinki on 8 June 2017, in Marrakesh on 14 June 2019, in Brussels on 24 September 2020, in Belgrade on 3 June 2022, in Ostend on 7 June 2023, and in London on 7 June 2024. 4 This obligation is without prejudice to any other obligation of the Bureau or its agent in the country of accident arising from this Article. 3. The bureau is authorised to settle any claim amicably or to accept service of any extra-judicial or judicial process likely to involve the payment of compensation. 4. All claims shall be handled by the bureau with complete autonomy in conformity with legal and regulatory provisions applicable in the country of accident relating to liability, compensation of injured parties and compulsory insurance in the best interests of the insurer who issued the Green Card or policy of insurance or, if appropriate, the bureau concerned. The bureau shall be exclusively competent for all matters concerning the interpretation of the law applicable in the country of accident (even when it refers to the legal provisions applying in another country) and the settlement of the claim. Subject to this latter provision, the bureau shall, on express demand, inform the insurer, or the bureau concerned, before taking a final decision. 5. When the settlement envisaged is in excess of the conditions or limits applicable under the compulsory motor civil liability insurance law in force in the country of accident whilst covered under the policy of insurance, it shall consult the insurer in relation to that part of the claim which exceeds those conditions or limits. The consent of such insurer is not required if the applicable law imposes on the bureau the obligation to take account of the contractual guarantees in excess of such limits and conditions provided in the law relating to insurance against civil liability in respect of the use of motor vehicles in the country of accident. 6. A bureau may not of its own volition or without the written consent of the insurer or Bureau concerned, entrust the claim to any agent who is financially interested in it by virtue of any contractual obligation. If it does so, without such consent, its right to reimbursement shall be limited to one half of the sum otherwise recoverable.

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4. Article 4 · forma din 1 ianuarie 2025 · limba originalului: en

   Article 4 Correspondents 1. Subject to any agreement to the contrary binding it to other bureaux and/or to any national legal or regulatory provisions, each bureau shall, with complete autonomy, set out the conditions under which it grants, refuses or withdraws its approval to correspondents established in the country for which it is competent. Each bureau has at any time the right to exercise control over correspondents established in the country for which it is competent. However, this approval shall be granted when requested in the name of a member of another Bureau for any establishment of this member in the country of the Bureau receiving the request provided that such establishment transacts insurance against civil liability in respect of the use of motor vehicles. 2. Bureaux in the Member States of the European Economic Area shall, when receiving such a request, approve as correspondents in their country claims representatives already appointed by insurers of the other Member States pursuant to Directive 2009/103/EC, provided that the conditions set out by the bureaux for the approval of a correspondent in their country are met. This approval may be withdrawn under the same conditions which apply to all correspondents nominated in their territory of competence. 3. Only a bureau shall have the authority, on the request of one of its members, to send to another bureau a request for approval of a correspondent established in the country of that bureau. This request shall be sent through the COB Collaboration Platform and supported by proof that the proposed correspondent accepts the requested approval. Only a request for the approval of one single correspondent can be accepted. The bureau concerned shall grant or refuse its approval within three months from the date of receipt of the request and shall notify its decision and its effective date to the bureau that made the request, through the COB Collaboration Platform, as well as to the correspondent concerned. In the event of no response being received, approval shall be deemed to have been granted and to have taken effect on the expiry of that period. Internal Regulations adopted by the General Assembly in Crete on 30 May 2002 and revised in Lisbon on 29 May 2008, in Istanbul on 23 May 2013, in Tallinn on 2 June 2016, in Helsinki on 8 June 2017, in Marrakesh on 14 June 2019, in Brussels on 24 September 2020, in Belgrade on 3 June 2022, in Ostend on 7 June 2023, and in London on 7 June 2024. 5 Exceptionally, if the COB Collaboration Platform is inaccessible due to force majeure (e.g. a breakdown in the online system), both the request for the nomination of a correspondent and the reply by the Bureau concerned can be sent by e-mail, or regular mail. 4. The correspondent shall handle all claims in conformity with any legal or regulatory provisions applicable in the country of accident relating to liability, compensation of injured parties and compulsory motor insurance, in the name of the bureau that has approved it and on behalf of the insurer that requested its approval, arising out of accidents occurring in that country involving vehicles insured by the insurer that requested its approval. When any settlement envisaged exceeds the conditions or limits applicable under the compulsory motor civil liability insurance law applicable in the country of accident, whilst covered under the policy of insurance, the correspondent must comply with the provisions set out in Article 3(5). 5. The bureau that has granted its approval to a correspondent recognises it as exclusively competent to handle and settle claims in the name of the bureau and on behalf of the insurer that requested its approval. The bureau shall inform injured parties of this competence and forward to the correspondent any notifications relating to such claims. However, it may, at any time and without any obligation to justify its decision, take over the handling and settlement of a claim from a correspondent. 6. If, for whatever reason, the bureau that granted the approval is required to compensate any injured party in place of the correspondent, it shall be reimbursed directly by the bureau through which the request for approval was sent, in accordance with the conditions set out in Article 5. 7. Subject to the provisions of Article 4(4), the correspondent is free to agree with the insurer that requested its approval the conditions for reimbursement of sums paid to injured parties and the method for calculating its handling fees which agreement, however, shall not be enforceable against any bureau. 8. If a correspondent is unable to obtain reimbursement of advance payments it has made in accordance with the conditions set out in Article 4.4 on behalf of the insurer that requested its approval, it shall be reimbursed by the bureau that approved it, upon fulfilment of all of the following conditions: 8.1. The correspondent informs the bureau that approved it of the inability to receive reimbursement and requests reimbursement within a period of minimum 6 and maximum 9 months since the date on which the correspondent has sent the demand for reimbursement to the insurer that requested its approval. 8.2. Together with the request mentioned in subparagraph 8.1 and in order to receive reimbursement from the national bureau that approved it, the correspondent has to provide this bureau with: i. material proof that it had, in scope of the demanded amount, compensated the injured party before sending the demand for reimbursement to the insurer that requested its approval; ii. any document establishing the correspondent's right to handle the claim on behalf of the insurer (containing the insurer's confirmation that insurance cover was accepted for the vehicle in question); iii. a copy of the demand for reimbursement sent by the correspondent to the insurer that requested its approval; iv. a copy of at least one reminder for reimbursement sent by the correspondent to the insurer that requested its approval at least one month prior to sending the request to the bureau that approved the correspondent. The reimbursement of the correspondent by the bureau that approved it shall be limited to sums mentioned in Article 5.1.1 and 5.1.2 and shall neither include any handling fees as mentioned in

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5. Article 5 · forma din 1 ianuarie 2025 · limba originalului: en

   Article 5.1.3 or agreed between the correspondent and the insurer that requested its approval, nor any late interest as mentioned in Article 5.2 or agreed between the correspondent and the insurer that requested its approval. Internal Regulations adopted by the General Assembly in Crete on 30 May 2002 and revised in Lisbon on 29 May 2008, in Istanbul on 23 May 2013, in Tallinn on 2 June 2016, in Helsinki on 8 June 2017, in Marrakesh on 14 June 2019, in Brussels on 24 September 2020, in Belgrade on 3 June 2022, in Ostend on 7 June 2023, and in London on 7 June 2024. 6 9. When a bureau is informed that one of its members has decided to dismiss a correspondent, it shall immediately so inform the bureau that granted the approval. This latter bureau shall be at liberty to determine the date on which its approval will cease to have effect. In case the insurer wishes to appoint a new correspondent according to Article 4, the bureau which is requested to approve the correspondent shall, amongst others, take explicitly into consideration: i. the number of demands for reimbursement sent by the correspondent to the insurer and that remain unpaid, the amounts mentioned in these unpaid demands for reimbursement and the period of time they remain unpaid and/or; ii. the way in which Article 4(4) has been respected by both the correspondent and the insurer that requested the approval of the correspondent. When a bureau that granted approval to a correspondent decides to withdraw it or is informed that the correspondent wishes to have its approval withdrawn, it shall immediately so inform the bureau that forwarded the request for the approval of the correspondent. It shall also inform the bureau of the date of the correspondent's effective withdrawal or the date on which its approval will cease to have effect.

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6. Article 9 · forma din 1 ianuarie 2025 · limba originalului: en

   Article 9 False or unauthorised Green Cards 1. Any false or unauthorised Green Card presented in a country in which these Internal Regulations are applicable, purporting to be valid and issued under the authority of a bureau shall be guaranteed by that bureau. 2. However, the bureau's guarantee shall not apply where a false Green Card relates to a vehicle which is not legally registered in that bureau's country, with the exception of the circumstances specified in Article 7.3. SECTION III SPECIFIC RULES GOVERNING CONTRACTUAL RELATIONS BETWEEN BUREAUX BASED ON DEEMED INSURANCE COVER (OPTIONAL PROVISIONS) The provisions of this section apply when the relations between bureaux are based on deemed insurance cover, with certain exceptions.

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