Notice Of Rules Of Procedure For Storm Council

Original Language Title: Bekendtgørelse om forretningsorden for Stormrådet

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Overview (table of contents)



Chapter 1



Storm Council composition





Chapter 2



Storm Council tasks





Chapter 3



Storm the Council Secretariat





Chapter 4



Organisation of meetings





Chapter 5



Storm surge and flooding the pool and stormfalds pool





Chapter 6



Council decisions on storm surge





Chapter 7



The Council's decisions in the event of flooding from rivers and Lakes





Chapter 8



The Council's decisions in the case of windfall





Chapter 9



Supervision of insurance companies ' treatment of the storm cases





Chapter 10



Complaints about insurance companies ' decisions in the storm cases





Chapter 11



Date of entry into force of



The full text of the Ordinance on the rules of procedure for Storm Council

Under section 21 (3) of law No. 349 of 17. May 2000 on storm surge and windfall, as amended by Act No. 544 of 26. May 2010, fixed: Chapter 1 Storm Council composition article 1. Storm the Council consists of a Chairman and eight other members. The eight other members of the Council shall represent each of the following authorities and organisations: the Ministry of business and growth (Deputy Chairman), Ministry of Transport, Ministry of the environment, Climate, energy and building Ministry, Ministry of Justice, the National Association of local authorities, Insurance Pension and the Danish Consumer Council &. To the Council are attached in addition, 3 specific experts with insight into the storm surge and coastal conditions, streams and lakes as well as windfall. The special experts who do not have voting rights, appointed by the Coast Directorate with regard to insight in storm surge and coastal conditions and nature agency as far as insight into streams and lakes as well as windfall.

(2). The President of the Council and other members and their respective alternates shall be appointed by the Secretary of State for business and growth for 4 years at a time. The appointment takes place over a period of time, apply it only to the end of the period. Re-appointment may take place.

(3). The Council's Vice-Chairman shall enter in the event of the President's absence in his place.

Chapter 2 Storm Council section 2 tasks. The Council shall determine whether there has been storm surge in a region at any given time. The Council shall also take decision on compensation for damage caused by flooding from rivers and lakes, and whether there has been a windfall in a region at any given time, with the consequent possibility of payment of reimbursement for cleanup and reforestation of the damaged areas.

(2). In addition to the tasks referred to in paragraph 1, the Council also leads oversight of and deal with complaints about insurance companies ' treatment of the storm cases.

(3). The Council shall deliver an annual report on its activities to the Minister of business and growth. The report will be published on the Council website.

(4). The Council shall submit an annual accounts must be audited by a certified public accountant and are submitted to the Minister of business and growth. The financial statements will be published on the Council website.

Chapter 3 Storm Council Secretariat § 3. Competition and consumer protection agency shall provide the Secretariat for the Council.

Chapter 4 organisation of meetings § 4. The Council's decisions and the decisions are taken in a meeting of the basic regulation. However, section 5, paragraph 2.

(2). The President of the Council is head of the Council meetings.

(3). The Council meets at the of the Council provided for meeting days, and, in fact, so often the President will find the occasion to do so, or when at least 3 members are putting forward the desire of the holding of the meeting for the treatment of specified topics. The Chairman determines the meeting notice, as in the case of the expression of the desire of the holding of the meeting more than 4 weeks.

(4). The Chairman may decide that the meetings will be held as a video conference, virtual telephone meeting, a combination thereof or by means of other electronic facility.

(5). Members who are prevented from attending a meeting, give notice to the Secretariat.

(6). In the meetings of the Council are participating members and alternates for the members who are unable to attend. It is the responsibility of the Member who is prevented from attending a meeting, at the earliest possible to inform his alternate and provide the Commission with relevant material, unless otherwise agreed with the Secretariat in each case.

(7). With the meeting request should follow an agenda with an indication of the cases for the treatment, as well as the material after the Chairman's discretion is necessary.

(8). Agenda and meeting materials broadcast electronically and by mail to the members of the Council.

§ 5. If material relating to matters to be dealt with by the Council, is not sent to the members not later than 3 days before the meeting, the treatment can take place only if all the members participating in the meeting agrees.

(2). The Council is quorate when at least 5 members are present. Decision taken by common majority of votes. Each Member has one vote. In the event of a tie, the Chairman or, in his absence, the Vice-President vote. When conditions justify, the Chairman or, in his absence, the Vice-President may provide that cases are treated on writing basis.

§ 6. Drawing up the minutes of the deliberations of the Council, which shall be approved by the Council. Any Member may require its confidence and the reasons recorded in the minutes.

§ 7. The President determines whether and, if so, in what way, the Council's decisions must be made public, without prejudice. However, sections 15 and 22.

(2). Council meetings are not open to the public.

§ 8. On administration and the Danish shall apply to the Council.

Chapter 5 Storm surge and flood the pot stormfalds pot and § 9. The costs of the Council of administration shall be borne by the storm surge and flood the pot stormfalds pot and funds. The President shall be remunerated in accordance with guidelines laid down by the Minister for business and growth.

(2). Business and growth, the Minister shall lay down the detailed rules for payment of Competition and consumer protection agency's accomplishing the secretarial function. The costs shall be borne by the storm surge and flood the pot or stormfalds the pot, depending on the nature of the task.

(3). The Council lays down rules on the payment of insurance companies ' treatment of the storm cases and rules for payment of taksationens execution in relation to the damage caused by flooding from rivers and Lakes after negotiation with Insurance & Pension. Payment for foreign assistance, including assistance from the Ministry of the environment concerning the damage caused by flooding from rivers and lakes and from Insurance Pension relating to administration and & finishing uncompleted storm cases, reported to the Council by 1. October 2012, shall be determined by the Council negotiated with the respective ministries and organizations. Payment for Coastal Directorate and Danish Meteorological Institute's storm surge warning and assistance to the Council shall be fixed by the Council, negotiated with Coastal Directorate and the Danish Meteorological Institute. Resolution on early warning activities organisation or execution, which result in significant changes in the payment to be granted, shall be taken by the Council after negotiation with the Ministry of Transport, climate change, energy and the Ministry of Construction and Ministry of business and growth. The costs shall be borne by the storm surge and flood the pot.

(4). Payment for the service provided by the Ministry of the environment in connection with the Council's decisions of stormfalds events, as well as on the administration of the rules on reimbursement for cleanup and reforestation after windfall to be determined by the Council after negotiation with the Ministry of the environment. The costs shall be borne by the stormfalds pot.

(5). The Council decides, whether after a stormfalds event covered costs for storage of storm-felled wood from State forests etc. In this case, the costs shall be borne by the stormfalds pot.

§ 10. The Council signs an agreement with the Central Bank for the management of storm surge and flood the pot stormfalds pot and funds.

§ 11. The Council considers that the storm surge and flood pool and stormfalds pool has reached such a size that the further collection and deposit for both or one of the pools is not deemed necessary, the Council shall give its recommendation to the Minister of business and growth.

§ 12. If storm surge and flood the pot or stormfalds pool does not contain funds to cover the costs of the scheme, the Council shall issue recommendations to the Minister about business and growth, triggering of the pots belonging to the State guarantee.

Chapter 6 the Council's decisions about storm surge section 13. By storm surge means flooding caused by an extremely high water levels in the ocean, which statistically occurs less often than every 20 minutes. year.

§ 14. Determining whether there has been flooding in an area at a given time shall be taken by the Council after receiving the opinion of the Danish Meteorological Institute and Coastal Directorate. The Council shall be convened as soon as possible after a possible storm surge situation has occurred.

§ 15. Once the Council has decided that in an area has been storm surge, published this same day on the Council's website, with an indication of the areas covered by the Council decision. Furthermore, the press release on the decision being broadcast to nationwide media, just like the insurance companies are informed with a view to treatment of specific reviews about damage after storm surge.

Chapter 7 the Council's decisions in the event of flooding from rivers and Lakes
§ 16. By flooding from rivers and Lakes means flooding due to extreme high water levels in streams and lakes, which are expected to be statistically to occur less often than every 20 minutes. year.

§ 17. The Council shall decide in cases of damage caused by flooding from rivers or lakes. The Council shall decide whether exemplary damages are covered by flood scheme and on the amount of the compensation must be paid where appropriate. Determining whether exemplary damages are covered by flood scheme, shall be taken on the basis of notifications to the Council to that effect, in accordance with the opinion of the Agency, and with the involvement of other relevant information. Decision on the amount of any compensation shall be taken on the basis of injury statements, which are prepared by the loss adjusters, as insurance companies have designated for that purpose.

(2). The Council shall decide as soon as possible, on the concrete damage covered by flood scheme and about the possible replacement size.

§ 18. Once the Council has taken a decision pursuant to section 17, the decision shall be communicated to the victim and his insurance company.

§ 19. The Secretariat prepares the cases of the reported damage caused by flooding from rivers and lakes. The Council can, where necessary, obtain additional information necessary for the assessment of an injury event, including make or arrange to inspect the place where the damage occurred.

(2). The Council may authorise the Secretariat to take concrete decisions in accordance with paragraph 1 in accordance with specified guidelines.

(3). The President of the Council may decide that a previously decided case must be resumed, where special reasons for doing so, including in particular where new information is to be assumed that would have given the matter a different outcome if they had been available during the examination.

(4). 2 members can apply for a case subject to further examination in the Council.

(5). The Council may decide to apply the foreign assistance.

(6). The Council carries out the payment of compensation. Insurance Contracts Act §§ 54 and 57-58 shall apply mutatis mutandis.

Chapter 8 the Council's decisions in the case of windfall § 20. By windfall means that in one or more regions due to strong winds the influence is overturned or broken trees on large woodland, equivalent to at least one year's harvest in the affected areas.

§ 21. Determining whether there has been a windfall in a region at any given time shall be taken by the Council after receiving the opinion of the Danish Meteorological Institute and the Ministry of the environment. The Council shall be convened as soon as possible after a possible stormfalds situation occurred.

§ 22. Once the Council has decided that in an area has been windfall, published notice in the press and on the Council's website.

§ 23. The Secretariat prepares the cases of the reported injuries caused by windfall under the agreement between the Council and the Danish forest and nature Agency. The Council can, where necessary, obtain additional information necessary for the assessment of an injury event as well as make or arrange to inspect the place where the damage occurred.

(2). The Council may authorise the Secretariat to take concrete decisions in accordance with paragraph 1, in accordance with specified guidelines.

(3). § 19, paragraphs 3 to 6 shall apply mutatis mutandis.

(4). The Council decision shall be communicated to the applicant. The Ministry of the environment responsible for the reimbursement payment.

Chapter 9 the supervision of insurance companies ' treatment of the storm cases § 24. The Council shall ensure that the insurance companies abide by the rules of the law on storm surge and windfall and in Ordinance on the handling of cases relating to compensation for damage caused by storm surge and on the establishment, implementation and application of a registry and a sagsunderstøttelsessystem (Storm the base) as well as current practices in connection with the processing of the storm cases.

(2). The Council shall ensure, moreover, that the injunction issued pursuant to paragraph 3, are complied with.

(3). The Council through its supervision will be aware of non-compliance with the rules and practice of the basic regulation. paragraph 1, or through its monitoring of compliance with the issued injunction, see. (2) that this is not complied with, the Council, by an injunction, that causes the irregular situation be brought to an end within a reasonable period of time set by the Council.

(4). Prior to any issuance of injunction in accordance with paragraphs 3 and 4, the Council must give the insurance company the opportunity to make a statement, to be included in the Council as a basis for the decision.

(5). The Council may authorise the Secretariat to take decisions within the scope of paragraph 3.

§ 25. Storm cases are selected at random for supervisory review in the light of the information that is stored and produced in Storm Base.

(2). The Secretariat shall carry out a review of the legal and factual basis for the decisions in the selected cases based on information retrieved in Storm the base as well as any other relevant information, including opinions from relevant experts, if this is deemed necessary in order to illuminate an issue fully.

section 26. The Council may, in relation to decisions under section 24, paragraph 3, after consultation with the insurance company to decide that non-compliance by an injunction in special cases implies that the insurance company's fee for the casework totally or partially cancelled or required repayment.

(2). The Council may also, when special reasons for doing so, including after finding repeated or systematic failure to comply with the rules of law on storm surge and windfall with associated rules, current practice or injunction issued under this Ordinance, after consultation with the company, may decide that the injunction to the insurer concerned shall be published on the Council website.

(3). By publication in accordance with paragraph 2, excluded person information about the victim.

(4). Followed a published orders, or occurs incidentally to circumstances which put the order out of power, removed the order message from the Council's website without undue delay.

§ 27. The Council decides whether the statistics are to be compiled, etc. on the basis of the carried out supervision. Statistics, etc. published on the Council's website and, where appropriate, in the Council's annual report.

Chapter 10 complaints about insurers ' decisions in the storm cases § 28. The Council deals with complaints about insurance companies ' decisions in cases for compensation as a result of the storm surge.

(2). The Council can only deal with a complaint if the complainant beforehand by a written letter to the insurance company has tried in vain to obtain a modification of the decision, or if the insurance company has failed within 3 weeks of receipt of a request to respond to this.

(3). Complaint shall be submitted not later than 8 weeks after the insurance company's decision is communicated to the complainant.

section 29. The complaint must be made in writing with any annexes to the Council, which may provide for this purpose must be used in a special table. This form must, where appropriate, could be found on the Council's website.

(2). The Secretariat shall ensure that the complainant prior to the lodging of the complaint have applied unsuccessfully to the insurance company.

(3). The Secretariat shall send the copy of the material for the company, with the exception of the opinion that the Secretariat should assume the company is already familiar.

(4). The Secretariat provides, moreover, for the enlightenment and procure the necessary of its own motion, the legal and factual basis for the decision, including any opinions by experts, if this is deemed necessary in order to adjudicate on the matter, as well as to each of the parties becomes aware of information from the other party, which is likely to have an impact on the merits of the decision. Fails the company within 3 weeks of receipt of the material to submit comments to the Council, the matter can be dealt with only on the basis of the present material.

(5). The Secretariat concludes the matter, if the insurance company during the preparatory meeting the complainant's claims. The same applies, if the complainant withdraws her complaint.

(6). Cases that are not closed during the preparatory treatment, treated in the Council Secretariat.

section 30. By the Council's handling of a complaint to the Chairman, the representative of the Consumer Council and the representative of Insurance & Pension participate.

(2). Cases that do not have fundamental nature or do not have higher significance can, despite the provision in § 5 (2) shall be determined by the Chairman together with the representative of Consumer Council and representative of Insurance & Pension. Any of the undertakings may, however, require the matter dealt with by a minimum of 5 members, see. section 5, paragraph 2.

(3). Decisions in accordance with paragraph 1 and paragraph 2, 1. paragraph shall be taken by a simple majority of votes. If a decision is based on a majority decision, must be disclosed in the decision.

(4). The President of the Council may decide a complaint if it is-on the basis of the Council's previous practice, etc.-must be deemed safe, how the matter should be decided. The Council shall be informed of the decision at the next Council meeting. Each of the Council's general members can at this meeting require that the case be subject to usual Council treatment.

section 31. The Secretariat prepares the cases of complaints about insurers ' decisions in the storm cases.

(2). The Council may decide to stay the proceedings for the purpose of obtaining further information, including the results of the treatment of the complaint cases in the Appeals Board for Insurance, if this is deemed to have an impact on the merits of the decision.

(3). The Council's decisions must be accompanied by an explanatory memorandum. To the extent that the decision is based on a majority decision, also the minority's position is justified.
(4). Where the appellant has been unsuccessful, in whole or in part be fixed a deadline of 30 days to comply with the decision.

section 32. Complaints must be informed about the possibility of bringing the matter to the courts.

section 33. The Chairman may decide that a case, in which the Council has taken a decision, it shall be resumed if special reasons for doing so, including in particular in the case of legally decay with a party which has not expressed itself in the matter, or in the case of new information, as if they had been available during the President-reading-assuming that could have led to a different outcome of the case.

§ 34. All decisions in complaint cases will be published on the Council website.

(2). Personal data on complaints and insurance company's name may be excluded from the publication.

Chapter 11 coming into force of section 35. The notice shall enter into force on the 1. October 2012.

(2). At the same time repealed Executive Order No. 1483 by 14. December 2010 on the rules of procedure for Storm Council.

(3). Reviews for damages caused by storm surge, flooding from rivers and lakes and windfall with an event-time before the entry into force of the Executive order, finalized by the Council in accordance with the rules in force at the time of the injury.

The Danish Ministry of business and growth, the 19. September 2012 Ole Sohn/Hanne K