Law 21/2007, of July 11, amending the recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by the Royal Legislative Decree 8/2004 of 29 October, and the the recast of the Law on the Management and Supervision of Private Insurance, approved by Royal Decree-Law 6/2004 of 29 October, has made important changes in the configuration of civil liability arising from the movement of motor vehicles and of the insurance which it is compulsory to cover.

The majority of the amendments made are a consequence of the transposition of Directive 2005 /14/EC of the European Parliament and of the Council of 11 May 2005 amending Directives 72 /166/EEC, 84 /5/EEC, 88 /357/EEC and 90 /232/EEC of the Council and Directive 2000 /26/EC of the European Parliament and of the Council on insurance against civil liability arising from the movement of motor vehicles (Fifth Motor Insurance Directive), although the Law also incorporates relevant changes to the scope of transposition, with a view to clearly reinforcing protection for those injured in road accidents.

The role that motor vehicles have in our society and the dimension of the problem of road traffic accidents have justified both the Community initiative on regulatory harmonisation in this field and the reform of the Beyond that harmonisation.

In this context, the present Royal Decree comes to approve a new Regulation of the compulsory insurance of civil liability in the movement of motor vehicles, which replaces the Regulation approved by Royal Decree 7/2001, January 12.

The Regulation approved by Royal Decree 7/2001 of 12 January, did not limit to regulating the issues that required to be developed by a standard of this range but was intended to integrate and clarify the regulation. of motor insurance, incorporating precepts of the Law on civil liability and insurance in the movement of motor vehicles, purpose which was especially necessary because the text recast of the Law on the Use and Circulation of Vehicles In the case of the motor vehicle of 1968, it had undergone profound changes with Law 21/1990 of 19 December 1990 to adapt the Spanish law on Directive 88 /357/EEC on the freedom of services in insurance other than life and on the updating of private insurance legislation, and in particular by Law No 30/1995 of 8 November 1995 on the Management and Supervision of Private insurance, of great intensity in its modifications to the point that it changed the denomination of the Law and the content of its title first.

Three years after the adoption of the 2001 Regulation, the text recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by the Royal Legislative Decree 8/2004 of 29 October, allowed have already had a single, harmonised legal text that included the important changes that had been made over time.

With the modifications introduced by the aforementioned Law 21/2007, of July 11, the current consolidated text of the Law on civil liability and insurance in the circulation of motor vehicles collects in a unitary way all the rules on this part of the civil liability system, so that the regulatory area must be reduced to the development of certain aspects of compulsory insurance which guarantees civil liability arising from the movement of motor vehicles. Hence also the change in the name of this Regulation which becomes only the mandatory insurance for civil liability in the movement of motor vehicles.

The new regulation specifies, among other things, the concepts of motor vehicles and the facts of the circulation and establishes the forecast of compensation in the application of the amounts of the insurance coverage fixed in the recast text of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, with the consequent possibility of overcoming the system of dual insurance, compulsory insurance and voluntary liability insurance Civil society, currently existing. In addition, the new regulation specifies certain aspects of the reasoned offer of compensation and the reasoned response to be issued by the insurance institutions, systematises the documentation relating to insurance, including the one used for accredit its validity, develops certain aspects relating to the payment of the compensation, collects the regulation of the Spanish Office of Automobile Insurers and contains, updated, the regime of the Information File of the insured vehicles, as a central mechanism for the identification of the insurance undertaking covering the civil liability for each of the vehicles involved in an accident and for the control of the obligation to insure.

This Royal Decree has been reported by the Spanish Data Protection Agency.

In its virtue, on the proposal of the Ministers of Economy and Finance, of Justice and of the Interior, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on September 12, 2008,

D I S P O N G O:

Single item. Approval of the Regulation on compulsory liability for civil liability in the movement of motor vehicles.

The Regulation of the mandatory civil liability insurance in the movement of motor vehicles, the text of which is inserted below, is approved.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree, and in particular the following:

(a) Royal Decree 7/2001 of 12 January approving the Regulation on civil and insurance liability in the movement of motor vehicles.

(b) Royal Decree 299/2004 of 20 February amending the Regulation on civil and insurance liability in the movement of motor vehicles, approved by Royal Decree 7/2001 of 12 January 2001.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.6. of the Constitution, which attributes exclusive competence to the State in matters of commercial law.

Final disposition second. Entry into force.

This royal decree will enter into force the month of its publication in the "Official State Gazette".

Given in Madrid, on September 12, 2008.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

REGULATION OF MANDATORY CIVIL LIABILITY INSURANCE IN THE MOVEMENT OF MOTOR VEHICLES

CHAPTER I

General provisions

Article 1. Motor vehicles.

1. They have the consideration of motor vehicles, the effects of civil liability on the movement of motor vehicles and the obligation of insurance, all vehicles suitable for use on the ground surface and driven to motor, including mopeds, special vehicles, trailers and semi-trailers, the putting into service of which requires administrative authorisation in accordance with the provisions of the legislation on traffic, motor vehicle traffic and safety vial. Except for the obligation to secure trailers, semi-trailers and special towed machinery the maximum permissible mass of which does not exceed 750 kilograms, as well as vehicles which have been temporarily or permanently discharged of the Registry of Vehicles of the General Directorate of Traffic.

2. They shall not be included in the material scope of this Regulation:

(a) Railways, trams and other vehicles that are running on their own tracks.

(b) electric motor vehicles which, by design, destination or purpose, have the consideration of toys, in the defined terms and with the requirements laid down in Article 1.1 of Royal Decree 880/1990 of 29 June 1990, approving the safety standards for toys and their consistent and detailed rules.

Neither shall the wheelchairs be included in the material scope of this Regulation.

3. For the purposes of this Regulation, the concepts set out in Annex I to the Royal Decree-Law 339/1990 of 2 March 1990 on the text of the Law on Traffic, the Circulation of Motor Vehicles and Safety will apply. Vial.

Article 2. Circulation facts.

1. For the purposes of civil liability in the movement of motor vehicles and the coverage of compulsory insurance covered by this Regulation, the risk arising from the driving of the vehicles is understood by facts of the circulation motor vehicles referred to in the previous Article, both by garages and car parks, and by public and private land and public roads or areas suitable for movement, urban or inter-urban, as well as by means or land which, without such aptitude, are of use common.

2. No facts of the circulation shall be construed:

(a) Those arising from the conduct of sports tests with motor vehicles on circuits specially intended for the purpose or enabled for such tests, without prejudice to the obligation to subscribe to the special insurance provided in the second provision second.

(b) Those arising from the performance of industrial or agricultural tasks by motor vehicles specially designed to do so, without prejudice to the application of paragraph 1 in the event of the movement of such vehicles on the roads or areas referred to in that paragraph where they are not carrying out their own industrial or agricultural tasks.

In the field of logistics processes for the distribution of vehicles are considered industrial tasks of loading, unloading, storage and other necessary operations of handling of vehicles that have the consideration of goods, except for the transport carried out on the routes referred to in paragraph 1.

(c) The movement of motor vehicles by road or land where the legislation referred to in Article 1 does not apply, such as the enclosures of ports or airports.

3. Nor shall the use of a motor vehicle as an instrument of the commission of criminal offences against persons and property be taken into account as a matter of fact. In any event, the use of a motor vehicle in any of the forms described in the Criminal Code as a criminal offence against road safety, including the assumption provided for in Article 382 of the Criminal Code, shall be made out of circulation. Criminal Code.

Article 3. License plates that do not correspond or no longer correspond to a vehicle.

For the purposes of Article 2 (2) (d) of the recast text of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, approved by Royal Decree-Law 8/2004 of 29 October, it is understood a registration plate does not correspond to a vehicle when the vehicle bears a false or altered registration plate in such a way as to make it impossible to identify the vehicle.

It is understood that the registration number has ceased to correspond to a vehicle when the permit or license of the vehicle has lost its validity because it is discharged from the registration of vehicles of the State that issued the registration, either definitively or provisionally.

Article 4. Owner of motor vehicle.

For the purposes of the obligation to ensure civil liability in the movement of motor vehicles, it is presumed that the owner of the vehicle is considered to be the natural or legal person to whose name the vehicle is registered. in the appropriate public record.

Article 5. Insurance entities.

1. Contracts for compulsory civil liability insurance in the movement of motor vehicles shall be concluded with insurance undertakings which have obtained the corresponding authorisation from the Ministry of Economy and Finance, or domiciled in a country belonging to the European Economic Area, exercising its activity in Spain under the right of establishment or under the freedom to provide services.

2. The insurance undertaking which refuses or does not accept the contracting of compulsory insurance shall inform the person concerned of any means admitted in law.

3. The Insurance Compensation Consortium shall accept the contracting of the risk where two insurance applications by two insurance institutions have not been accepted or have been rejected, unless the risk is accepted by another or other insurance institution. insurers at the request of the Insurance Compensation Consortium.

Article 6. Vehicles with regular parking in non-European Economic Area States.

In order to be able to circulate on Spanish territory, vehicles with regular parking in non-European Economic Area States which are not attached to the Agreement between the national insurance offices of the Member States of the European Economic Area and other associated States shall be insured by the international insurance certificate system or by border insurance, which shall contain at least the conditions and limits for this Article 15 of this regulation is indicated

Article 15.

Article 7. Deposit or seal, public or home, of the vehicle.

It is for the Head of Traffic and the competent authorities of the Autonomous Communities to whom the execution of duties has been transferred, the adoption of the measures relating to the withdrawal and the deposit or a precautionary, public or house seal, of vehicles running without insurance.

Article 8. Stolen vehicles.

For the purposes of exclusion from the coverage of the compulsory insurance of damages to persons and property caused by a stolen vehicle, it is understood as such, exclusively, that it has been the subject of the standardized conduct as theft and theft of use in articles 237, 244 and 623.3 of the Penal Code.

Article 9. Certification of a sinister background.

The issue of certification of claims or absence thereof, as provided for in Article 2.7 of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, may be carried out directly by the insurance institutions or through the common files established by them for the selection and pricing of risks referred to in Article 25.4 of the recast of the Law on Management and Supervision of private insurance, approved by Royal Decree-Law 6/2004 of 29 October.

Article 10. Application of the amounts of the insurance cover.

1. Where damage to persons and property damage and compensation for the latter are in excess of the amount referred to in Article 4.2.b) of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, the difference shall be compensated by the remainder which may result in compensation for damage to persons up to the limit of Article 4.2.a) of that recast text.

2. The costs of medical, pharmaceutical and hospital care and the burial and funeral costs referred to in the first paragraph of the first paragraph of the Annex to the recast of the Law on Civil and Safe Liability in the Movement of motor vehicles shall be considered to be included within the amount of the coverage of the compulsory insurance for damage to persons referred to in Article 4.2.a) of that recast text.

CHAPTER II

Required insurance documentation

Article 11. Content of the application and the proposal for compulsory insurance.

The application for compulsory insurance directed by the policyholder to the insurance undertaking, or the insurance proposal made by the insurer to the policyholder, shall contain at least the following indications:

(a) Identification of the owner of the vehicle, the usual driver and the holder of the insurance, and must be registered for the purposes of notifications. If the taker is not the owner of the vehicle, the concept in which he contracts shall be indicated.

(b) Vehicle identification, marking, model, characteristics and registration or similar distinguishing sign.

(c) The guarantees requested or offered, which in no case may be lower than those of the compulsory insurance.

d) The clear and prominent identification of what is a proposition or an insurance claim.

e) The minimum coverage period, with an indication of the day and time of your initial computation.

Article 12. Effects of the application and the proposal for compulsory insurance.

1. The application for compulsory insurance, from the time it is completed by the insurer or agent of the insurer, produces the effects of the risk coverage over the period of 15 days.

It is understood that this is due when the applicant is delivered a copy of the application sealed by the insurance company or by its agent.

The insurer may reject the application within a maximum of 10 days from the time of filing, by writing to the taker by any means that ensures the constancy of its receipt, specifying the causes, and will have the right to the collection of the premium corresponding to the coverage of the 15 days provided for in the first subparagraph. If the insurer has not rejected the procurement within ten days, the contracting authority shall be deemed to have been admitted.

Diligent the application and after the ten-day period, the insurer must forward the insurance policy within ten days.

2. The proposal for compulsory insurance made by the insurance undertaking or its agent shall bind the insurer for a period of 15 days.

Once the proposal is accepted by the taker, the contract will be understood. In the event of default of the first premium for the fault of the taker, the insurer may terminate the contract, by writing to the taker by registered post with acknowledgement of receipt or by any other means admitted in law permitting the proof of receipt, or may require payment of the premium in the terms of Article 15 of Law 50/1980, of 8 October, of Insurance Contract.

Accepted the proposal by the taker, the insurer must deliver the insurance policy within ten days.

Article 13. Insurance policy and proof of payment of the premium.

The insurer must provide the policyholder with a precept of the insurance policy, a document in which, necessarily, it will contain a clear and precise reference to the rules applicable to this type of insurance and the other extremes that determine in the regulation of the insurance and management and supervision of private insurance contracts.

Also, and once the premium is charged, the insurer must provide the taker with a proof of payment.

Article 14. Accreditation of compulsory insurance.

1. Any motor vehicle shall be provided with the documentation supporting the validity of the compulsory insurance.

2. The validity of the compulsory insurance shall be determined by the agents of the authority by consulting the Insured Vehicle Information File.

In default, the insurance shall be credited with the proof of payment of the premium for the current insurance period, provided that it contains at least the identification of the insurance institution, the registration plate, insurance or distinctive sign of the vehicle, the period of coverage and the indication of the coverage of the compulsory insurance.

Dealing with vehicles dedicated to the rental without driver, proof of the validity of the insurance shall be deemed to be the copy of the proof of payment of the premium, in the form determined by the Directorate-General of Traffic.

3. Failure to comply with the obligation to submit the supporting documentation for insurance shall be punishable by EUR 60 fine and shall give rise to the wording of the relevant complaint to the competent authority in accordance with the terms laid down therein. Article 3.1 of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles.

In the case of vehicles for hire without drivers, their holders shall be exempt from administrative responsibility, provided that within five days of the notification they have been notified to them, they shall be exempt from administrative liability. that they were engaged in compulsory insurance.

Article 15. Border insurance.

The credit document for border insurance shall contain at least the following indications:

(a) That the guarantee is granted within the limits and conditions laid down as mandatory in the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles and in this Regulation.

b) That if the disaster occurs in Spain, the limits provided for in the Spanish legislation and, in particular, the recast of the Law on Civil and Safe Liability in the Movement of Motor Vehicles will apply.

c) Accreditation of the validity of the insurance, in the terms set out in this regulation.

CHAPTER III

Satisfaction of mandatory insurance compensation

Article 16. Reasoned offer of compensation.

For the purposes of Article 9 (a) of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, no interest shall be payable for arrears in respect of the quantity offered, in the following cases:

(a) Where the reasoned offer of compensation referred to in Articles 7.2 and 22.1 of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles is presented to the injured party the time limit laid down in the Articles and the content laid down in Article 7.3 thereof, and shall not rule on its acceptance or rejection.

(b) Where the injured party does not accept the reasoned offer of compensation and the insurance undertaking shall enter within five days the amounts of compensation recognised in the reasoned offer.

Article 17. Compensation for damage to property in claims whose processing, settlement and payment is effected by means of direct compensation agreements between insurance institutions for the processing of claims.

1. In those claims whose processing, settlement and payment is made within the framework of the direct compensation agreements concluded between insurance undertakings for the processing of claims, the obligation to submit the claim shall be deemed to be fulfilled. the reasoned offer of compensation for damage to property, provided for in Article 7.2 of the recast of the Act on civil and insurance liability in the movement of motor vehicles, when, before the expiry of three months from the date of entry into force of the receipt of the injured party's claim, the insurance institution of the injured party compensation for damage to property arising from the disaster or to be repaired.

For these purposes, it must be stated that the payment or repair is carried out in the name and on behalf of the insurer of the person responsible for the disaster, under the direct compensation agreements signed between the two insurers. for the processing of claims, which shall in no case be opposed to the insured or the injured person. It shall also be stated that the injured party's insurance undertaking is subrogated to the position of the insurer of the person responsible, in whose name and on behalf of which it satisfies the compensation.

When of the same claim damages to the persons and in the goods the insurance institution of the person responsible for the accident must present the motivated offer of compensation corresponding to the damages to the persons derived of the claim or, where appropriate, a reasoned response, as provided for in Article 7 (2) and (3) of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles.

2. In any event, if the damage to property as provided for in paragraph 1 has not been satisfied or repaired, the insurance undertaking of the person responsible for the claim must submit the reasoned offer of compensation or, where appropriate, the answer motivated by the terms and within the time limits provided for in Article 7 of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles.

Article 18. A reasoned compensation response.

In the event that the insurer or the Insurance Compensation Consortium does not make a reasoned offer of compensation for failure to fully quantify the damage, the reasoned response referred to in Article 7.4 the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles shall include:

1. º The reference to the payments on account or partial advance payments on account of the final resulting compensation, taking into account the nature and entity of the damages.

2. The insurer's commitment to submit a reasoned offer of compensation as soon as the damages have been quantified.

3. The insurance undertaking's commitment to report on the situation of the claim in a reasoned manner every two months from the sending of the reasoned response and until the reasoned offer of compensation is made.

Article 19. Damage and cause concurrency.

1. If the same claim, which is covered by a single compulsory liability insurance for motor vehicles, is caused by a number of damage caused by material or personal damage, and the sum of the compensation exceeds the limit The right of each injured person to the insurer shall be reduced in proportion to the damage suffered.

2. If, as a result of the same accident involving two or more vehicles, which are covered by their respective compulsory insurance, damage to third parties is caused, each insurer of the vehicle causing the damage shall contribute to the performance of the vehicles. obligations arising from the fact, taking into account, where it can be determined, the entity of the concurrent blame and, in the event of failure to be determined, in accordance with what would have been agreed in the agreements between insurers; Failure of the foregoing, each insurer shall contribute proportionally to the power of the respective vehicles.

When the two vehicles involved were a tractor head and the trailer or semi-trailer attached to it, or two trailers or semi-trailers, and the entity of the concurrent blame could not be determined, each insurer contribute to the fulfilment of those obligations under the terms of the agreements between insurers or, failing that, in proportion to the amount of the annual risk premium corresponding to each vehicle designated in the insurance policy subscribed.

Article 20. Compensation for the Insurance Compensation Consortium.

1. In the cases referred to in Article 11.1 (a) and (b) of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, the injured party may, in any event, be directly addressed to the Insurance.

2. For the purposes of Article 11 (1) (d) of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, there shall be a dispute between the Insurance Compensation Consortium and the entity. insurance when it is present to the Consortium for reasons relating to the claim, or the injured party to the Consortium to which it is accompanied by justification that the insurance undertaking refuses to take over the claim; and the Consortium considers that the payment does not correspond to it.

3. For the purposes of calculating the period of 30 days referred to in Article 11.1.g) of the recast of the Act on civil liability and insurance in the movement of motor vehicles, the buyer shall be deemed to accept delivery at the time in that you have effective possession of the vehicle.

Article 21. Spanish Office of Automobile Insurers (Ofesauto) in your condition of national insurance office.

1. The Spanish Office of Automobile Insurers (Ofesauto), which groups all the insurance entities authorized to operate in the civil liability field of motor vehicles and the Insurance Compensation Consortium, will have the consideration of a national insurance office referred to in Council Directive 72/166/EEC of 24 April on the approximation of the laws of the Member States relating to the insurance of civil liability in respect of the motor vehicle traffic, as well as the control of the obligation to secure this responsibility.

2. The processing of claims and the fulfilment of obligations arising from compulsory liability for civil liability in the movement of motor vehicles, by reason of accidents caused in other countries by vehicles with parking usual in Spain or insured in Spain by the international insurance certificate or by insurance at the border, will be guaranteed by Ofesauto, acting on behalf of all the insurance companies that have obtained the authorization corresponding to the Ministry of Economy and Finance, or which is domiciled in a country belonging to the The European Economic Area shall carry out its activities in Spain under the right of establishment or under the freedom to provide services. It shall also bear this guarantee, on behalf of the national office of the State concerned, by reason of accidents occurring on Spanish territory where a foreign vehicle is involved, with regular parking in a signatory State. to the Agreement between the national insurance offices of the Member States of the European Economic Area and other associated States or which, belonging to a non-signatory State of the said Agreement, was insured by means of an international certificate of insurance issued by another national office or by a border insurance.

3. By way of derogation from the foregoing paragraph, Ofesauto may delegate the representation of the various foreign insurance institutions, at the request of the respective national office, to any of the insurance or insurance institutions. entities specializing in the management of claims. Also, at the request of the insurance companies operating in Spain, the same request may be made to the national offices of other States.

The aforementioned insurance entities or Spanish correspondents, authorized to represent foreign insurance entities, will respond on the same terms as Ofesauto. To this end, Ofesauto shall keep the necessary records of the authorized correspondent, in order to provide the necessary information to those who have a legitimate interest.

In case of non-compliance with the correspondent, conflict of interest or voluntary cessation in the authorized representation, Ofesauto will assume the obligations provided for in paragraph 2 of this article.

4. The Minister of Economy and Finance will dictate the rules regarding the operation of Ofesauto as the national insurance office.

Article 22. Spanish Office of Automobile Insurers (Ofesauto) as a compensation body.

1. In accordance with Article 26 of the recast text of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, Ofesauto shall have the consideration of a compensation body to which it is liable to residence in Spain may lodge claims for compensation in the cases provided for in Article 27 of that recast text.

2. In the complaint which the injured party has before Ofesauto, it must be stated that the insurer of the causative vehicle has not designated a representative in Spain for the processing and settlement of claims or, in another case, the date on which the The injured party was formally directed to the insurer of the vehicle of the person responsible or to the representative for the processing and settlement of claims by the person designated in Spain and, if any such notification has been received, its content. Similarly, the injured party shall inform, if he has made a complaint to any other body or entity for the same concept, the content of the complaint and, where appropriate, the responses received in relation to the complaint.

Ofesauto will refrain from intervening, and will expressly notify the claimant, when the claimant has exercised direct action against the insurer of the person responsible.

3. For the purposes of Article 27 of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, a reasoned reply shall be understood to contain sufficient response to the complaint made in accordance with the the law that is applicable and justifies the decision taken by the insurer.

The response that Ofesauto will have to give to the victim's claim, as a compensation body, will be based on the same terms as provided for in the previous paragraph.

4. In the information provided by Ofesauto or obtained from other compensation bodies or guarantee funds, the arrangements to be concluded in accordance with the Community rules shall be provided for.

5. The Minister for Economic Affairs and Finance will dictate the rules governing the operation of Ofesauto as a compensation body.

CHAPTER IV

Identification of the insurance entity and control of the obligation to insure

Article 23. Insured Vehicle Information File.

1. Insurance institutions which cover by compulsory insurance liability for civil liability arising from the movement of motor vehicles with regular parking in Spain must inform the Ministry of Economic and Financial Affairs, by means of their referral to the Insurance Compensation Consortium, the data relating to the vehicles insured by them, as well as the data relating to the claims representative for the processing and settlement of claims designated by the insurance undertaking in each of the States of the European Economic Area, with the content, form and time-limits laid down in this Regulation and in the resolutions to which it relates.

Failure to comply with the foregoing paragraph shall constitute an administrative infringement punishable under Articles 40.3.s and 40.4.u of the recast of the Law on the Management and Supervision of the private insurance.

2. The data referred to in the previous paragraph shall be subject to automated processing by means of the automated file of personal data, known as the "Secure Vehicle Information File", of a public nature, regulated in this Regulation, with the content described in the following Articles and in the Annex.

3. The information contained in the file shall be presumed to be true, unless otherwise specified.

Article 24. First data remission and its update.

1. In the first remission of the data, the insurance institutions shall supply, for each vehicle, the following: registration, identification code of the vehicle mark and model, date of commencement of the validity and end date of the period of insurance in progress, as well as the type of contract, all in accordance with the specifications contained in the resolution of the General Directorate of Insurance and Pension Funds dictated to this effect. The name and address of the representative for the processing and settlement of claims designated by the insurance undertaking in each of the States of the European Economic Area shall also be submitted.

2. For the insurance entities the data update will be performed, sending daily information of high and low insured vehicles, which will be identified with their registration and identification code of their brand and model, stating, in the case of high, the start dates of the term and end of the current insurance period, type of contract and, in case of casualties, the date of cessation of the insurance.

For these purposes, the termination of the contract, including termination and termination, shall be deemed to cease.

The update of the data relating to the insurance representative designated by the insurer in each of the States of the European Economic Area will also be updated as soon as possible. produce modifications to them.

In order to enable the Insurance Compensation Consortium to provide the information referred to in Articles 24 and 25 of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, the insurance institutions shall provide, at the request, within five days, the policy number corresponding to the vehicles for which they are insured. For these purposes, the exchange of information may be made by telephone, fax or e-mail.

3. The data relating to vehicles for which the application for insurance has been completed or the taking of insurance proposals accepted by the taker shall be included in any case, reflecting the dates of effect and termination. of one or another document.

4. In the case of carry-over contracts, or of non-payment of the split premiums, the vehicle's discharge may not be communicated, respectively, as long as the right to oppose the extension of the vehicle has not been exercised or has not been extinguished or resolved the contract, in the assumptions and with the formalities provided for in the Insurance Contract Act.

5. In the case of transmission of the insured vehicle, only the discharge of the vehicle after the termination of the insurance contract may be communicated, in accordance with the provisions of the Insurance Contract Act.

6. In the case of special vehicles, the data established by the General Directorate for Insurance and Pension Funds shall be sent to the Insurance Compensation Consortium.

Article 25. Procedure for the referral of the information to the Insurance Compensation Consortium.

The referral of the information to the Insurance Compensation Consortium shall be carried out by means of the procedure to be contained in the resolution that the Directorate-General for Insurance and Pension Funds will give to the effect.

Article 26. Referral of information to the Directorate-General for Insurance and Pension Funds.

1. The Insurance Compensation Consortium shall, on a monthly basis, transmit to the Directorate-General for Insurance and Pension Funds a list of the insurance institutions which, while authorised to operate in the relevant sector, have not sent the information referred to in the previous Articles.

The Insurance Compensation Consortium shall also communicate to the General Directorate of Insurance and Pension Funds any significant incidents that may occur in the performance of this obligation.

2. Without prejudice to the administrative infringements resulting from the failure to supply the data, and in the light of the communications of the Insurance Compensation Consortium, the Directorate-General for Insurance and Funds Pensions may make requirements for insurance companies or require the carrying out of computer audits, or the application of other measures conducive to ensuring the accuracy of the information contained in the file.

Article 27. Query the file.

1. For the purposes of access to the file, they have the consideration of those who are harmed by road accidents, by damage to their person or property, being able to act on their own or through duly accredited representative.

2. The consultation of the information shall be carried out by means of a request addressed by those involved in an accident of movement to the Insurance Compensation Consortium, using the model contained in the decision of the Directorate-General for Insurance and Pension Funds, which shall be attached to the copy of the part of the damage or the friendly declaration of accident.

Likewise, the applicant may use any means to prove the sending and receipt of the request for consultation, contributing to the national identity card number, passport, tax identification code or another supporting document, as well as the registration or distinguishing sign of both the vehicle allegedly causing the damage and the vehicle for the injured party, and the casualty and insurance policy numbers which are recorded in the claims of the insurance institution, the consultation can be answered by any means which allows the submission and receipt of the reply to be accredited, in accordance with the provisions of the resolution which the Directorate-General for Insurance and Pension Funds shall give to the effect.

3. For the purposes of Article 25 (2) of the recast of the Act on Civil and Safe Liability in the Movement of Motor Vehicles, it is considered that there is a legitimate interest of the injured party in obtaining information on the the identity of the owner, driver or holder of the vehicle in the event that for the full compensation of the damage only those persons can be claimed.

Article 28. Control of the obligation to ensure.

The control of the obligation to insure will be carried out through the collaboration between the Ministry of Economy and Finance, through the Consortium of Insurance Compensation, and the Ministry of the Interior, through the General of Traffic, which may be transferred to each other, the data contained in their automated files which expressly provide for this transfer.

The data transfer procedure shall be regulated by joint resolution of the Directorate-General for Insurance and Pension Funds and the Directorate-General for Traffic.

The body responsible for the file shall take the necessary technical and organisational measures to ensure the confidentiality, security and integrity of the data and to make the guarantees, obligations and rights effective. recognised in the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

Additional disposition first. Publication of the list of health centres and insurance companies that sign agreements for assistance to injured persons in traffic.

The Directorate-General for Insurance and Pension Funds will publish in the Official Journal of the State the relationship between health centers and medical emergency services and insurance companies that sign agreements for the traffic injury assistance.

Additional provision second. Special insurance for sports testing.

For the risks arising from sports tests involving motor vehicles, which have been concluded on circuits specially intended for the purpose or which are authorised for such tests, a special insurance shall be provided for intended to cover the civil liability of the drivers involved, for the amounts of the compulsory hedges set out in the recast of the Act on civil and insurance liability in the movement of motor vehicles.

ANNEX

Insured Vehicle Information File (FIVA)

1. Purpose and intended uses of the file:

a) Providing information to those involved in a traffic accident.

b) Control of the insurance obligation.

2. Data source persons or collectives: insurance contract takers.

3. Provenance and collection procedure: collection by means of a first data referral by the insurance institutions and subsequent daily update of the data.

4. Basic structure of the file: insurance institution, date of submission of the data, registration, identification code of the mark and model of the vehicle, date of beginning of the term of the contract, date of end of the period of coverage, date of (a) the term, type of contract, name and address of the representative for the processing and settlement of claims designated by the insurance undertaking in each of the States of the European Economic Area. This is an automated file.

5. Ceding the data:

a) A involved in road accidents, and in their representation, their insurance entities.

b) To the Ministry of the Interior, through the General Directorate of Traffic.

c) To the Prosecutor's Office, to the judges and courts.

d) To Ofesauto.

e) To the compensation bodies of other States of the European Economic Area.

(f) To the information bodies of other States of the European Economic Area.

g) To the guarantee funds of other European Economic Area States.

h) To healthcare facilities and medical emergency services that subscribe to agreements with the Insurance Compensation Consortium and the insurance entities for assistance to traffic injuries.

6. Responsible Body: Insurance Compensation Consortium.

7. Service or unit to which the affected person may exercise their rights: Insurance Compensation Consortium, based on the Paseo de la Castellana, number 32. 28006 Madrid.

8. Security measures: medium level.