Common use of of the IR Clause in Contracts

of the IR. Moreover, reference to the non-application of six-week deadline where a Green Card remains non identified has been deleted. The amendments shall enter into force on 1st January 2020. Regarding cancelled permanent registration plates, the guarantee applies only if  the accident giving rise to the Green Card claim occurred within a period of 6 months following the de-registration and  the vehicle was not re-registered in another country prior to the date of the accident. The vehicle is considered as “not legally registered” in the country of the presumed guaranteeing Bureau if  its registration plate was issued or purports to have been issued under the authority of another country;  it bears no registration plate despite the obligation to have them in the country of the presumed guaranteeing Bureau;  the registration plate does not correspond or no longer corresponds to the vehicle;  it has never been registered in that country. The Bureau in the name of which the Green Card purports to be issued is entirely responsible for providing evidence according to the means in place in its country for this purpose, that the vehicle is not legally registered in its country. This Bureau shall also assist the handling Bureau or its agent as much as possible in the investigation on the Green Card. Guarantee of Green Cards purporting to have been issued in accordance with Article 7.3 Under Article 7.3, the Bureaux may authorise their Members to sell Green Cards to vehicles from a country where no Bureau exists. In this case the Bureau has to guarantee any Green Card purporting to be issued for vehicles bearing the registration plate of countries other than that of the Bureau, even if they are false or were not issued in the authorised way. The Bureau may not deny the guarantee on the basis that the vehicle is “not legally registered” in the Bureau’s country. As far as frontier insurance purporting to be issued in accordance with Article 7.3 is concerned, the situation varies between EEA and non-EEA Bureaux since the frontier insurance delivered to a vehicle registered in a non-EEA country to enter into or to circulate in EEA territory may only contain a Green Card which has to cover the whole EEA territory. However, on such a Green Card, the non-EEA countries are usually crossed out as the EEA frontier insurance operators are usually not obliged to cover a non-EEA territory. Hence, the Bureau’s guarantee will never apply in the event of a false, or unauthorised Green Card which may be identified as covering frontier insurance only, purporting to have been issued for a vehicle registered in a country where no Bureau exists110. Exceptional reasons to deny the guarantee 110 2010 – General Assembly, Decision N° 6-6 Experience has shown that there are some obvious cases of falsification where the guarantee could be denied on that basis. Those false documents not considered as Green Cards and which, consequently, do not engage the responsibility of the Bureau in the name of which they purport to have been issued:  purported Green Cards from which the identity of the Guaranteeing Bureau cannot be clearly ascertained (e.g. the name of the Bureau does not correspond to the country code);  purported Green Cards the format of which does not correspond to (whether in terms of size or lay- out or both) the model recognised by the Working Party on Road Transport of the Inland Transport Committee of the UNECE;  purported Green Cards not having one of the following data: vehicle identification data (registration plate or V.I.N. number), the territorial validity or the period of validity. In the listed cases the Bureau may deny its guarantee in accordance with the procedure outlined above. Under these exceptional circumstances, the guarantee may also be denied for “Green Cards” purporting to have been authorised under Article 7.3. Specific situation resulting from the European Motor Insurance Directives Article 15 of Directive 2009/103/EC (the codified Motor Insurance Directive) provides that when a vehicle is despatched within the EEA from one Member State to another Member State, the insurance risk moves to the Member State of destination for a period of 30 days, even if the vehicle remains normally based in the Member State of origin. Hence, in case the despatched vehicle bears a false or unauthorised Green Card, the guarantee of the Bureau of destination of the country where the Green Card is purporting to have been issued cannot apply during those 30 days since the vehicle remains registered in the Member State of xxxxxx000. 111 2009 – General Assembly, Decision N°5-3‌‌ Section III – Specific Rules Governing Contractual Relations Between Bureaux Based on Deemed Insurance Cover The provisions of this section apply when the relations between Bureaux are based on deemed insurance cover, with certain exceptions.

of the IR. Moreover, reference to the non-application of six-week deadline where a Green Card remains non identified has been deleted. The amendments shall enter into force on 1st January 2020. Regarding cancelled permanent registration plates, the guarantee applies only if  the accident giving rise Explanatory Memorandum to the Green Card claim occurred within a period of 6 months following the de-registration and  the vehicle was not re-registered Internal Regulations Issued 2003 – Latest Update in another country prior to the date of the accident. The vehicle is considered as “not legally registered” in the country of the presumed guaranteeing Bureau if  its registration plate was issued or purports to have been issued under the authority of another country;  it bears no registration plate despite the obligation to have them in the country of the presumed guaranteeing Bureau;  the registration plate does not correspond or no longer corresponds to the vehicle;  it has never been registered in that country. The Bureau in the name of which the Green Card purports to be issued is entirely responsible for providing evidence according to the means in place in its country for this purpose, that the vehicle is not legally registered in its country. This Bureau shall also assist the handling Bureau or its agent as much as possible in the investigation on the Green Card. Guarantee of Green Cards purporting to have been issued in accordance with Article 7.3 Under Article 7.3, the Bureaux may authorise their Members to sell Green Cards to vehicles from a country where no Bureau exists. In this case the Bureau has to guarantee any Green Card purporting to be issued 2020 for vehicles bearing the registration plate of countries other than that of the Bureau, even if they are false or were not issued in the authorised way. The Bureau may not deny the guarantee on the basis that the vehicle is “not legally registered” in the Bureau’s country. As far as frontier insurance purporting to be issued in accordance with Article 7.3 is concerned, the situation varies between EEA and non-EEA Bureaux since the frontier insurance delivered to a vehicle registered in a non-EEA country to enter into or to circulate in EEA territory may only contain a Green Card which has to cover the whole EEA territory. However, on such a Green Card, the non-EEA countries are usually crossed out as the EEA frontier insurance operators are usually not obliged to cover a non-EEA territory. Hence, the Bureau’s guarantee will never apply in the event of a false, or unauthorised Green Card which may be identified as covering frontier insurance only, purporting to have been issued for a vehicle registered in a country where no Bureau exists110. Exceptional reasons to deny the guarantee 110 2010 – General Assembly, Decision N° 6-6 Experience has shown that there are some obvious cases of falsification where the guarantee could be denied on that basis. Those false documents not considered as Green Cards and which, consequently, do not engage the responsibility of the Bureau in the name of which they purport to have been issued:  purported Green Cards from which the identity of the Guaranteeing Bureau cannot be clearly ascertained (e.g. the name of the Bureau does not correspond to the country code);  purported Green Cards the format of which does not correspond to (whether in terms of size or lay- out or both) the model recognised by the Working Party on Road Transport of the Inland Transport Committee of the UNECE;  purported Green Cards not having one of the following data: vehicle identification data (registration plate or V.I.N. number), the territorial validity or the period of validity. In the listed cases the Bureau may deny its guarantee in accordance with the procedure outlined above. Under these exceptional circumstances, the guarantee may also be denied for “Green Cards” purporting to have been authorised under Article 7.3. Specific situation resulting from the European Motor Insurance Directives Article 15 of Directive 2009/103/EC (the codified Motor Insurance Directive) provides that when a vehicle is despatched within the EEA from one Member State to another Member State, the insurance risk moves to the Member State of destination for a period of 30 days, even if the vehicle remains normally based in the Member State of origin. Hence, in case the despatched vehicle bears a false or unauthorised Green Card, the guarantee of the Bureau of destination of the country where the Green Card is purporting to have been issued cannot apply during those 30 days since the vehicle remains registered in the Member State of xxxxxx000. 110 2010 – General Assembly, Decision N° 6-6 111 2009 – General Assembly, Decision N°5-3‌‌ 3 Section III – Specific Rules Governing Contractual Relations Between Bureaux Based on Deemed Insurance Cover The provisions of this section apply when the relations between Bureaux are based on deemed insurance cover, with certain exceptions.

of the IR. Moreover, reference to the non-application of six-week deadline where a Green Card remains non identified has been deleted. The amendments shall enter into force on 1st January 2020. Regarding cancelled permanent registration plates, the guarantee applies only if  the accident giving rise to the Green Card claim occurred within a period of 6 months following the de-registration and  the vehicle was not re-registered in another country prior to the date of the accident. The vehicle is considered as “not legally registered” in the country of the presumed guaranteeing Bureau if  its registration plate was issued or purports to have been issued under the authority of another country;  it bears no registration plate despite the obligation to have them in the country of the presumed guaranteeing Bureau;  the registration plate does not correspond or no longer corresponds to the vehicle;  it has never been registered in that country. The Bureau in the name of which the Green Card purports to be issued is entirely responsible for providing evidence according to the means in place in its country for this purpose, that the vehicle is not legally registered in its country. This Bureau shall also assist the handling Bureau or its agent as much as possible in the investigation on the Green Card. Guarantee of Green Cards purporting to have been issued in accordance with Article 7.3 Under Article 7.3, the Bureaux may authorise their Members to sell Green Cards to vehicles from a country where no Bureau exists. In this case the Bureau has to guarantee any Green Card purporting to be issued for vehicles bearing the registration plate of countries other than that of the Bureau, even if they are false or were not issued in the authorised way. The Bureau may not deny the guarantee on the basis that the vehicle is “not legally registered” in the Bureau’s country. As far as frontier insurance purporting to be issued in accordance with Article 7.3 is concerned, the situation varies between EEA and non-EEA Bureaux since the frontier insurance delivered to a vehicle registered in a non-EEA country to enter into or to circulate in EEA territory may only contain a Green Card which has to cover the whole EEA territory. However, on such a Green Card, the non-EEA countries are usually crossed out as the EEA frontier insurance operators are usually not obliged to cover a non-EEA territory. Hence, the Bureau’s guarantee will never apply in the event of a false, or unauthorised Green Card which may be identified as covering frontier insurance only, purporting to have been issued for a vehicle registered in a country where no Bureau exists110exists123. Exceptional reasons to deny the guarantee 110 2010 – General Assembly, Decision N° 6-6 Experience has shown that there are some obvious cases of falsification where the guarantee could be denied on that basis. Those false documents not considered as Green Cards and which, consequently, do not engage the responsibility of the Bureau in the name of which they purport to have been issued:  purported Green Cards from which the identity of the Guaranteeing Bureau cannot be clearly ascertained (e.g. the name of the Bureau does not correspond to the country code);  purported Green Cards the format of which does not correspond to (whether in terms of size or lay- out or both) the model recognised by the Working Party on Road Transport of the Inland Transport Committee of the UNECE;  purported Green Cards not having one of the following data: vehicle identification data (registration plate or V.I.N. number), the territorial validity or the period of validity. In the listed cases the Bureau may deny its guarantee in accordance with the procedure outlined above. Under these exceptional circumstances, the guarantee may also be denied for “Green Cards” purporting to have been authorised under Article 7.3. Specific situation resulting from the European Motor Insurance Directives Article 15 of Directive 2009/103/EC (the codified Motor Insurance Directive) provides that when a vehicle is despatched within the EEA from one Member State to another Member State, the insurance risk moves to the Member State of destination for a period of 30 days, even if the vehicle remains normally based in the Member State of origin. Hence, in case the despatched vehicle bears a false or unauthorised Green Card, the guarantee of the Bureau of destination of the country where the Green Card is purporting to have been issued cannot apply during those 30 days since the vehicle remains registered in the Member State of xxxxxx000. 111 2009 – General Assembly, Decision N°5-3‌‌ Section III – Specific Rules Governing Contractual Relations Between Bureaux Based on Deemed Insurance Cover The provisions of this section apply when the relations between Bureaux are based on deemed insurance cover, with certain exceptions.Directives

of the IR. Moreover, reference to the non-application of six-week deadline where a Green Card remains non identified has been deleted. The amendments shall enter into force on 1st January 2020. Regarding cancelled permanent registration plates, the guarantee applies only if  the accident giving rise Explanatory Memorandum to the Green Card claim occurred within a period of 6 months following the de-registration and  the vehicle was not re-registered Internal Regulations Issued 2003 – Latest Update in another country prior to the date of the accident. The vehicle is considered as “not legally registered” in the country of the presumed guaranteeing Bureau if  its registration plate was issued or purports to have been issued under the authority of another country;  it bears no registration plate despite the obligation to have them in the country of the presumed guaranteeing Bureau;  the registration plate does not correspond or no longer corresponds to the vehicle;  it has never been registered in that country. The Bureau in the name of which the Green Card purports to be issued is entirely responsible for providing evidence according to the means in place in its country for this purpose, that the vehicle is not legally registered in its country. This Bureau shall also assist the handling Bureau or its agent as much as possible in the investigation on the Green Card. Guarantee of Green Cards purporting to have been issued in accordance with Article 7.3 Under Article 7.3, the Bureaux may authorise their Members to sell Green Cards to vehicles from a country where no Bureau exists. In this case the Bureau has to guarantee any Green Card purporting to be issued 2020 for vehicles bearing the registration plate of countries other than that of the Bureau, even if they are false or were not issued in the authorised way. The Bureau may not deny the guarantee on the basis that the vehicle is “not legally registered” in the Bureau’s country. As far as frontier insurance purporting to be issued in accordance with Article 7.3 is concerned, the situation varies between EEA and non-EEA Bureaux since the frontier insurance delivered to a vehicle registered in a non-EEA country to enter into or to circulate in EEA territory may only contain a Green Card which has to cover the whole EEA territory. However, on such a Green Card, the non-EEA countries are usually crossed out as the EEA frontier insurance operators are usually not obliged to cover a non-EEA territory. Hence, the Bureau’s guarantee will never apply in the event of a false, or unauthorised Green Card which may be identified as covering frontier insurance only, purporting to have been issued for a vehicle registered in a country where no Bureau exists110. Exceptional reasons to deny the guarantee 110 2010 – General Assembly, Decision N° 6-6 Experience has shown that there are some obvious cases of falsification where the guarantee could be denied on that basis. Those false documents not considered as Green Cards and which, consequently, do not engage the responsibility of the Bureau in the name of which they purport to have been issued:  ▪ purported Green Cards from which the identity of the Guaranteeing Bureau cannot be clearly ascertained (e.g. the name of the Bureau does not correspond to the country code);  ▪ purported Green Cards the format of which does not correspond to (whether in terms of size or lay- out or both) the model recognised by the Working Party on Road Transport of the Inland Transport Committee of the UNECE;  ▪ purported Green Cards not having one of the following data: vehicle identification data (registration plate or V.I.N. number), the territorial validity or the period of validity. In the listed cases the Bureau may deny its guarantee in accordance with the procedure outlined above. Under these exceptional circumstances, the guarantee may also be denied for “Green Cards” purporting to have been authorised under Article 7.3. Specific situation resulting from the European Motor Insurance Directives Article 15 of Directive 2009/103/EC (the codified Motor Insurance Directive) provides that when a vehicle is despatched within the EEA from one Member State to another Member State, the insurance risk moves to the Member State of destination for a period of 30 days, even if the vehicle remains normally based in the Member State of origin. Hence, in case the despatched vehicle bears a false or unauthorised Green Card, the guarantee of the Bureau of destination of the country where the Green Card is purporting to have been issued cannot apply during those 30 days since the vehicle remains registered in the Member State of xxxxxx000. 110 2010 – General Assembly, Decision N° 6-6 111 2009 – General Assembly, Decision N°5-3‌‌ 3 Section III – Specific Rules Governing Contractual Relations Between Bureaux Based on Deemed Insurance Cover The provisions of this section apply when the relations between Bureaux are based on deemed insurance cover, with certain exceptions.

of the IR. Moreover, reference to the non-application of six-week deadline where a Green Card remains non identified has been deleted. The amendments shall enter into force on 1st January 2020. Regarding cancelled permanent registration plates, the guarantee applies only if  the accident giving rise to the Green Card claim occurred within a period of 6 months following the de-registration and  the vehicle was not re-registered in another country prior to the date of the accident. The vehicle is considered as “not legally registered” in the country of the presumed guaranteeing Bureau if  its registration plate was issued or purports to have been issued under the authority of another country;  it bears no registration plate despite the obligation to have them in the country of the presumed guaranteeing Bureau;  the registration plate does not correspond or no longer corresponds to the vehicle;  it has never been registered in that country. The Bureau in the name of which the Green Card purports to be issued is entirely responsible for providing evidence according to the means in place in its country for this purpose, that the vehicle is not legally registered in its country. This Bureau shall also assist the handling Bureau or its agent as much as possible in the investigation on the Green Card. Guarantee of Green Cards purporting to have been issued in accordance with Article 7.3 Under Article 7.3, the Bureaux may authorise their Members to sell Green Cards to vehicles from a country where no Bureau exists. In this case the Bureau has to guarantee any Green Card purporting to be issued for vehicles bearing the registration plate of countries other than that of the Bureau, even if they are false or were not issued in the authorised way. The Bureau may not deny the guarantee on the basis that the vehicle is “not legally registered” in the Bureau’s country. As far as frontier insurance purporting to be issued in accordance with Article 7.3 is concerned, the situation varies between EEA and non-EEA Bureaux since the frontier insurance delivered to a vehicle registered in a non-EEA country to enter into or to circulate in EEA territory may only contain a Green Card which has to cover the whole EEA territory. However, on such a Green Card, the non-EEA countries are usually crossed out as the EEA frontier insurance operators are usually not obliged to cover a non-EEA territory. Hence, the Bureau’s guarantee will never apply in the event of a false, or unauthorised Green Card which may be identified as covering frontier insurance only, purporting to have been issued for a vehicle registered in a country where no Bureau exists110exists123. Exceptional reasons to deny the guarantee 110 2010 – General Assembly, Decision N° 6-6 Experience has shown that there are some obvious cases of falsification where the guarantee could be denied on that basis. Those false documents not considered as Green Cards and which, consequently, do not engage the responsibility of the Bureau in the name of which they purport to have been issued:  purported Green Cards from which the identity of the Guaranteeing Bureau cannot be clearly ascertained (e.g. the name of the Bureau does not correspond to the country code);  purported Green Cards the format of which does not correspond to (whether in terms of size or lay- out or both) the model recognised by the Working Party on Road Transport of the Inland Transport Committee of the UNECE;  purported Green Cards not having one of the following data: vehicle identification data (registration plate or V.I.N. number), the territorial validity or the period of validity. In the listed cases the Bureau may deny its guarantee in accordance with the procedure outlined above. Under these exceptional circumstances, the guarantee may also be denied for “Green Cards” purporting to have been authorised under Article 7.3. Specific situation resulting from the European Motor Insurance Directives Article 15 of Directive 2009/103/EC (the codified Motor Insurance Directive) provides that when a vehicle is despatched within the EEA from one Member State to another Member State, the insurance risk moves to the Member State of destination for a period of 30 days, even if the vehicle remains normally based in the Member State of origin. Hence, in case the despatched vehicle bears a false or unauthorised Green Card, the guarantee of the Bureau of destination of the country where the Green Card is purporting to have been issued cannot apply during those 30 days since the vehicle remains registered in the Member State of xxxxxx000. 111 2009 – General Assembly, Decision N°5-3‌‌ Section III – Specific Rules Governing Contractual Relations Between Bureaux Based on Deemed Insurance Cover The provisions of this section apply when the relations between Bureaux are based on deemed insurance cover, with certain exceptionsorigin124.

of the IR. Moreover, reference to the non-application of six-week deadline where a Green Card remains non identified has been deleted. The amendments shall enter into force on 1st January 2020. Regarding cancelled permanent registration plates, the guarantee applies only if  the accident giving rise to the Green Card claim occurred within a period of 6 months following the de-registration and  the vehicle was not re-registered in another country prior to the date of the accident. The vehicle is considered as “not legally registered” in the country of the presumed guaranteeing Bureau if  its registration plate was issued or purports to have been issued under the authority of another country;  it bears no registration plate despite the obligation to have them in the country of the presumed guaranteeing Bureau;  the registration plate does not correspond or no longer corresponds to the vehicle;  it has never been registered in that country. The Bureau in the name of which the Green Card purports to be issued is entirely responsible for providing evidence according to the means in place in its country for this purpose, that the vehicle is not legally registered in its country. This Bureau shall also assist the handling Bureau or its agent as much as possible in the investigation on the Green Card. Guarantee of Green Cards purporting to have been issued in accordance with Article 7.3 Under Article 7.3, the Bureaux may authorise their Members to sell Green Cards to vehicles from a country where no Bureau exists. In this case the Bureau has to guarantee any Green Card purporting to be issued for vehicles bearing the registration plate of countries other than that of the Bureau, even if they are false or were not issued in the authorised way. The Bureau may not deny the guarantee on the basis that the vehicle is “not legally registered” in the Bureau’s country. As far as frontier insurance purporting to be issued in accordance with Article 7.3 is concerned, the situation varies between EEA and non-EEA Bureaux since the frontier insurance delivered to a vehicle registered in a non-EEA country to enter into or to circulate in EEA territory may only contain a Green Card which has to cover the whole EEA territory. However, on such a Green Card, the non-EEA countries are usually crossed out as the EEA frontier insurance operators are usually not obliged to cover a non-EEA territory. Hence, the Bureau’s guarantee will never apply in the event of a false, or unauthorised Green Card which may be identified as covering frontier insurance only, purporting to have been issued for a vehicle registered in a country where no Bureau exists110exists123. Exceptional reasons to deny the guarantee 110 2010 – General Assembly, Decision N° 6-6 Experience has shown that there are some obvious cases of falsification where the guarantee could be denied on that basis. Those false documents not considered as Green Cards and which, consequently, do not engage the responsibility of the Bureau in the name of which they purport to have been issued:  purported Green Cards from which the identity of the Guaranteeing Bureau cannot be clearly ascertained (e.g. the name of the Bureau does not correspond to the country code);  purported Green Cards the format of which does not correspond to (whether in terms of size or lay- out or both) the model recognised by the Working Party on Road Transport of the Inland Transport Committee of the UNECE;  purported Green Cards not having one of the following data: vehicle identification data (registration plate or V.I.N. number), the territorial validity or the period of validity. In the listed cases the Bureau may deny its guarantee in accordance with the procedure outlined above. Under these exceptional circumstances, the guarantee may also be denied for “Green Cards” purporting to have been authorised under Article 7.3. Specific situation resulting from the European Motor Insurance Directives Article 15 of Directive 2009/103/EC (the codified Motor Insurance Directive) provides that when a vehicle is despatched within the EEA from one Member State to another Member State, the insurance risk moves to the Member State of destination for a period of 30 days, even e ven if the vehicle remains normally based in the Member M ember State of origin. Hence, in case the despatched vehicle bears a false or unauthorised Green Card, the guarantee of the Bureau of destination of the country where the Green Card is purporting to have been issued cannot apply during those 30 days since the vehicle remains registered in the Member State of xxxxxx000. 111 2009 – General Assembly, Decision N°5-3‌‌ Section III – Specific Rules Governing Contractual Relations Between Bureaux Based on Deemed Insurance Cover The provisions of this section apply when the relations between Bureaux are based on deemed insurance cover, with certain exceptionsorigin124.