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Green Card System Basic rules Mariusz W. Wichtowski Baku 4.07.12
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Key terms Protection Trust Uninsured driving Monitoring Financial Guarantee Criteria Fraud
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Do we remember? Paradox with consequences Recomendation No 5 1949
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Council of Bureaux Non political organization Technical aspects only Since 1 January 1953 Facilitator of international road traffic and victim’s protection
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Objectives Free flow of cross border traffic Guarantee to victims
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Some statistics Members of the GC System46 Multilateral Agreement33 GC basis13
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Some statistics Population of Europe750 million No of vehilcles350 million EU yearly died 50.000 EU yearly injured 150.000
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Green Card Claims 2010381.353 2009345.746 2005342.963 2000337.361 1999291.730
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Green Card Claims
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over 1,7 billion Euro/ year
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Mutual trust Basis of the GC System Pay – Cry – Dispute Close cooperation Stress on insurers Consequence – on all market
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How to become a member? National Bureau MTPL law Financial guaranties Undertaking to UN
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How to become a member? Transitional member Period 10 years Financial guaranties Monitoring
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Important bodies Bureaux Agents Correspondents
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Competence of the Bureau Handling Bureau: Claims settlement in the country where accident happened According to legal system of that country Independent of position of the guaranteeing Bureau Guaranting Bureau: Reimbursement of outlays Guarantee function
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Financial aspects Sufficient financing Difference of the economic level in individual regions Law of the country of accident determines minimum amounts insured and compensation
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Financial aspects Selby Train Crash (UK) Damage: about 50 million Euro / 10 persons killed Herborn (D): Damage: about 8 million Euro Mont-Blanc Tunnel (FR) Damage: about 464 million Euro / 39 persons killed Gotthard-Tunnel (CH) Damage: about 14 million Euro / 11 persons killed
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Mutual trust Basis of the GC System Pay – Cry – Dispute Close cooperation Stress on insurers Consequence – on all market
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Monitoring Subjects of the monitoring: ►new applicants ►transitional members ►full members
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Forms of Monitoring ►monitoring ►preparing of the Financial Criteria ►checking of the financial standing ►assistance ►dealing with complains ► reporting to the Man Com
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Financial Guarantees Criteria Why we need it? Applicability of the Criteria Period of validity
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Financial Guarantees Criteria For CoB members only Type of financial guarantees Standard of the security Bank guarantee Reisurance program
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Sanctions ► obligatory monitoring ►financial guarantees ►financial penalties ►temporary suspention ►termination of membership
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What about scope? Do we know where are the borders of Europe? and What means border in our days?
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Are we all protected? We all? At the same level? Are we statisfied with existing level of the protection?
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Aims for the future Equal rights for the road users Real guaranties for victims One aim different methods Any common solution?
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Thank you very much for your kind attention
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