By Royal Decree 2878/1981 of 13 November, the Insurance Compensation Board took over the functions and resources of the Autonomous Bodies "National Circulation Risk Guarantee Fund", " Commissioner for Insurance Required of Travellers "and" Central Insurance Fund ", which were deleted.

The Royal Decree established a mandate to approve a new Regulation of the Insurance Compensation Consortium, in which the rules of operation of the Agency were collected.

Further provisions confirm the need for their approval and, in this regard, it is essential that Royal Decree No 1255/1986 of 6 June amending Law No 33/1984 of 2 August 1986 on the Private insurance, in order to adapt it to the commitments arising from the Treaty of Accession of Spain to the European Economic Community. In particular, Article 4. ° of the same, as amended by that Royal Legislative Decree, submits to the Insurance Compensation Consortium, in the exercise of its insurance activity, to the provisions of the Law on the Management of Private Insurance and to the Insurance Contract Law.

Therefore, it is necessary to approve a new Operating Regulation of the Insurance Compensation Consortium, which will take into account the principles set out in both legal texts.

On the other hand, the Board of Government of the Agency is accommodated to its functions, giving it a composition more in line with the current administrative organization and, although its regulation is established in the Law of 16 of In December 1954, the composition and functions of the authorization provided for in the additional provisions of the second paragraph of Article 1 (b) of Law 21/1986 of 23 December 1987 on the General Budget of the State for 1987 are amended. to the Government so that, during the financial year 1987, by Royal Decree, a joint proposal of the Ministries for Public Administrations and the Economy and Finance, and at the initiative of the Department concerned, will modify the regulation of the autonomous organizations created by Law, respecting in any case the objectives that have been agreed upon and the revenue which they have assigned as economic means for obtaining the aforementioned purposes.

In short, the necessary general principles of functioning of the Agency and its institutional purpose are established, without, of course, contemplating the substantial, own and specific regulation of the various risks. covered by the Agency, which are subject to other provisions.

In its virtue, on the proposal of the Ministers of Economy and Finance and for the Public Administrations, heard by the Council of State and after deliberation of the Council of Ministers of May 15, 1987,

DISPONGO:

Single item.

The Insurance Compensation Consortium Regulation is approved, the text of which is inserted below:

INSURANCE COMPENSATION CONSORTIUM REGULATION

CHAPTER FIRST

General provisions

Article 1. Nature of the Consortium.

1. The Insurance Compensation Consortium, established by the Law of 16 December 1954, is an autonomous body attached to the Ministry of Economic Affairs and Finance, which has the nature of the public right of the persons covered by Articles 2. and 5. of the Law of 26 December 1958, on the legal status of the autonomous State Entities, and in Article 4 (1) (b) of the General Budget Law of 4 January 1977.

2. The Insurance Compensation Consortium shall be governed by the above rules, by the provisions of this Regulation and by the provisions of Law 33/1984 of 2 August, as amended by Royal Decree 125/1986 of 6 June 1986, and by the Private Insurance Management Regulation, approved by Royal Decree 1348/1985 of 1 August.

3. It shall also be subject to the exercise of the insurance business as provided for in Law 50/1984 of 8 October of the Insurance Contract.

Article 2. ° Reassured by the Consortium.

The Insurance Compensation Consortium may assign or reverse reinsurance part of the risks that it assumes under this Regulation to Spanish or foreign entities authorized to carry out operations of this nature. The reinsurance arrangements shall be those which are at any time considered most appropriate by the Governing Board of the Agency.

CHAPTER II

Functions

Article 3. General functions.

These are the functions of the Insurance Compensation Consortium:

a) Cover extraordinary risks to people and goods.

b) Participate in the coverage of nuclear risks.

c) Cover or re-insure agricultural, livestock and forestry risks.

d) Reassure the commercial risks of Export Credit Insurance and manage funds for the coverage of political risks.

e) exercise the powers laid down in the legislation on the use and movement of motor vehicles with regard to the obligation to ensure the civil liability of drivers of such vehicles.

f) Exercise the competencies established in the legislation regarding the Mandatory Insurance of the Cazador Civil Liability.

g) Manage the Compulsory Traveler Insurance.

h) The management of the 5 per 1,000 surcharge established in the transitional provision of Royal Decree-Law 10/1984, of July 11, validated by the additional provision 14. of Law 46/1985, of December 27.

i) Any other activities that attribute the current provisions to you.

Article 4. ° Functions in relation to Extraordinary Risk Insurance on persons and goods.

In relation to the Extraordinary Risk Insurance on persons and property, the Consortium shall cover, in compensation arrangements, damages due to abnormal causes or extraordinary nature in the form established in its Rules of Procedure, approved by Royal Decree 2022/1986 of 29 August.

Article 5. º Functions in relation to Nuclear Risk Insurance.

In relation to Nuclear Risk Insurance, the Consortium shall perform the following functions:

(a) Take cover of risks arising from nuclear installations or any other facility that produces or works with radioactive materials or has devices capable of producing ionising radiation for the development of any nuclear activity, in the cases and in the form laid down in Article 59 of Law 25/1964 of 29 April on Nuclear Energy, and in Article 70 of the Regulation on the Risk Coverage of Nuclear Damage, approved by Decree 2177/1967 of 22 July.

(b) Reinsurance of these risks in the manner determined by the Ministry of Economy and Finance, as provided for in Article 70.

c) Participate in the association of insurance entities, in accordance with the provisions of Article 60 of Law and 70 of the Regulation.

d) Study the information and exercise the power of veto provided for in Articles 61 of the Law and 70 of the Regulation.

Article 6. Functions in relation to agricultural insurance.

In agricultural and livestock risks, the Consortium will perform the following functions:

(a) Act as a mandatory reinsurer in the form and amount to be determined by the Ministry of Economy and Finance, in all the risks provided for in Law 87/1978 of 28 December, which are included in the Annual Agricultural Insurance Combined.

(b) Exercise the control of claims for claims, aimed at the most effective performance of its reinsurance function, and may adopt the exclusion measures referred to in Article 27 of the Insurance Regulation. Combined Agricultural, approved by Royal Decree 2329/1979 of 14 September.

(c) Exceptionally assume the management of direct insurance when agreed by the Government, in the cases provided for in Article 43 of the Combined Agricultural Insurance Regulation.

d) Comthink of the insurance companies in the fields of pels and death and misuse of the excess of claims, in the form and amount to be determined by the Ministry of Economy and Finance.

Article 7. Functions in Forest Fire Insurance.

1. In the Forest Fire Insurance the Consortium will act as direct insurer, in the cases and form established in Law 81/1968, of December 5, and its Regulations, approved by Decree 3769/1972, of December 23.

2. In the coverage of the forestry risks, the Consortium will be governed by the provisions cited in the previous number and by Law 87/1978 of 28 December on Combined Agricultural Insurance and its Regulation, approved by Royal Decree 2329/1979, September 14.

Article 8. Functions in Export Credit Insurance.

1. In the Export Credit Insurance, the Consortium will assume the following coverages and functions:

(a) Reassure the commercial risks insured by the "Spanish Company of Export Credit Insurance, Company Anonima", acting in such reinsurance either as sole reinsurer or jointly with Spanish companies or foreign nationals who are authorized to carry out such operations.

b) Manage funds from the insurance of political and other risks that the Company manages on behalf of the State.

2. The activities referred to in the preceding number will be carried out in the form and conditions established by Law 10/1970 of 4 July and Decree 3138/1971 of 22 December, which regulate the Insurance of Credit to Export, as well as in the Law 53/1980, of 20 October, on the participation of the State in the reinsurance of commercial risks; Law 11/1983 of 16 August, and other rules of application.

Article 9. ° Functions in relation to the compulsory subscription Civil Liability Insurance, derived from the use and circulation of motor vehicles.

1. In accordance with the provisions of Article 8. of the Law on the Use and Circulation of Motor Vehicles, recast text approved by Decree 632/1968 of 21 March, as amended by Royal Decree 1301/1986 of 28 June 1986, corresponds to the Insurance Compensation Consortium, under the conditions laid down in this Law and up to the limits of compulsory insurance:

(a) Indemnify those who have suffered bodily harm from claims occurring in Spain in those cases where the vehicle causing or the driver is unknown.

b) Compensation for bodily and material damage caused by the vehicle which, while insured, has been stolen or stolen, unless these have been caused to persons who voluntarily occupy the vehicle, and the Consortium proved that they knew about such circumstances.

(c) Indemnification of bodily and material damages produced by a vehicle registered in Spain, within the territorial scope, conditions and limits laid down in Article 4. of the Law on the Use and Circulation of Vehicles Engine, when the vehicle is not insured, unless the derogation provided for in the previous paragraph is given.

d) And, in general, to compensate for damage caused by a vehicle when the economic performance by the regulated media in the legislation on the use and movement of motor vehicles cannot be made effective.

2. In accordance with Article 3 of Decree Law 18/1964 of 3 October, the Consortium will also perform the following functions:

(a) Cover, within the limits of compulsory insurance, the obligations arising from the civil liability of the State and its autonomous bodies for the purpose of the movement of its motor vehicles. With respect to the Autonomous Communities, the autonomous organizations created by the same and the Local Entities, the Consortium will carry out the coverage within the limits of compulsory insurance when they do not credit to have a concerted policy with an Insurance Entity.

(b) To assume, within the scope of compulsory insurance, risks not accepted by the Insurance Entities.

(c) To assume, within this scope, the obligations of those Entities, when they have been declared bankrupt, suspension of payments or that, finding themselves in an insolvency situation, are subject to a procedure of The settlement or the settlement would have been taken over by the Liquidator Commission of Insurance Entities.

d) The defence and promotion of compulsory insurance for motor vehicles.

Article 10. Duties in relation to the Cazador's Mandatory Civil Liability Insurance.

The Insurance Compensation Consortium will grant the coverage and exercise the functions attributed to the extinct National Risk Guarantee Fund of the Circulation by the Mandatory Insurance Regulation of Civil Liability. of the Hunter.

Article 11. Duties in relation to the Compulsory Insurance of Travellers.

The Insurance Compensation Consortium shall grant the coverage and exercise the functions attributed to the Extinguishing Commissioner of the Compulsory Insurance of Travellers by the Regulation approved by Decree 486/1969 of March 6, as amended by Royal Decrees 1814/1976 of 4 June and 2516/1976 of 30 October, and additional provisions.

CHAPTER III

Organization

Article 12. Higher organs.

The Insurance Compensation Consortium is structured into the following higher bodies: Chairman and Board of Directors.

Article 13. Presidency.

1. The Chair of the Insurance Compensation Consortium shall be held by the Director-General of Insurance.

2. The Presidency is responsible for the following tasks:

(a) The Agency's senior management, as well as the supervision and promotion of all its activities, ensuring compliance with the guidelines of the Ministry of Economy and Finance.

b) To represent the Consortium in official relations and in how many acts, contracts and obligations it would have to intervene.

(c) Call and chair the meetings of the plenary session of the Governing Board, the Executive Committee of the Board of Directors, and point out the agenda for the sessions.

d) Authorize expenses and order payments.

e) Submit to the Governing Board the Preliminary Draft Budget, the Balance Sheet, the Accounts, as well as the Annual Report of the Agency's activities.

f) To exercise on the staff assigned to the Consortium the attributions that correspond to it in accordance with the regulatory norms of the civil service.

g) Approve the claims files. This power of approval may be delegated, depending on the amount of the compensation, in the Director of Insurance Management and the Regional Delegates.

h) Any other faculty that is not expressly reserved to the Governing Board.

3. The President may delegate to the Director-Manager the powers he deems appropriate for the greater effectiveness of the Agency except those provided for under heading (c) of the previous paragraph, except the Presidency of the Executive Committee, which may be delegation object, and those relating to the approval of disaster files.

4. In the case of absence, vacancy or sickness of the Director-General of Insurance, he/she shall be replaced in the Chair of the Insurance Compensation Consortium by the Managing Director.

Article 14. Governing Board.

1. The Governing Board shall meet in plenary or in the Executive Committee.

2. The Board shall adjust its operation and arrangements to the general provisions of the Law of Administrative Procedure.

Article 15. Plenary session of the Governing Board.

1. The plenary session of the Governing Board shall be composed of the President and the Vocals listed below:

2. They Will Be Vocal:

The Manager-Manager.

Four representatives from the Ministry of Economy and Finance.

A representative of the Ministry of Industry and Energy.

A representative of the Ministry of Justice.

A representative of the Ministry of the Interior.

A representative of the Ministry of Transport, Tourism and Communications.

A representative of the Ministry of Agriculture, Fisheries and Food.

A representative of the Ministry of Health and Consumer Affairs.

Two representatives of the insurers of recognized prestige in the sector, proposed by the associations of the most representative insurers and reinsurers.

Two representatives of policyholders, proposed by the Council as referred to in Article 22.5 of Law 26/1984 of 19 July, General for Defence and Consumers and Users.

The appointment and dismissal of the Vocals will be carried out by the Minister of Economy and Finance, at the proposal of the respective Ministry, except for the representatives of the insurers and the insured, whose proposal, made in the form of in the preceding paragraph, shall be raised to the Minister by the Director-General of Insurance. The Vocal representatives of the insurers and policyholders will hold the positions for a maximum period of four years, and may be re-elected for another equal period.

3. He will act as Secretary, with voice but no vote, the Secretary-General of the Agency.

4. The Governing Board shall meet on a quarterly basis or at the time of its Chairman's call.

5. They may attend the Governing Board, at the request of the President, the Directors and the Director of the Agency's Legal Service.

Article 16. Attributions.

They are the privileges of the Board of Government's plenary session:

a) Know the performance of the Insurance Compensation Consortium.

b) Approve the preliminary draft and capital budgets, as well as the balance sheet, annual accounts and the body's memory.

c) Approve the Management Agreements with Insurance Entities or other collaborating Entities in their activity.

d) Set the criteria for the investments to be made, as well as agree on the disposal of the real estate belonging to the Consortium.

e) Report projects to be considered by the Director-General of Insurance.

f) Approve, on a proposal from the Presidency, the conditions of the reinsurance contracts, except those of the ones that are held with the Spanish Company of Credit Insurance to the Export, that will be by the Board established in the Article 20 of this Regulation.

g) Propose for approval by the Directorate General of Insurance the Cobro Commission to be paid for the collection of premiums or surcharges on behalf of the Insurance Compensation Consortium within the limits laid down in Article 28 of this Regulation.

Article 17. Executive Commission.

1. The Executive Board of the Governing Board shall be composed of the President, two representatives of the Administration, a representative of the insurers, a representative of the insured persons, all of whom are appointed by the Chair, Director-Manager and Secretary.

2. He will act as Secretary, with voice but no vote, the Secretary-General.

3. The Executive Committee shall meet monthly or when convened by its Chairman.

4. By delegation of the Chair of the Consortium, the Executive Committee Chair may be held by the Director-Manager.

5. They may attend the Executive Committee, at the request of the President, the Directors and the Director of the Agency's Legal Service.

Article 18. Attributions.

They are the privileges of the Executive Board of the Governing Board:

(a) To study the acquisition and propose the disposal of real estate and to know the investments made, in accordance with the criteria set by the plenary.

b) Report on the projects of the fees of premiums, fees or surcharges to be collected by the Consortium for the fulfilment of its purposes.

c) Report on the accepted and transferred reinsurance systems and contracts to be practiced by the Consortium.

d) Learn about the evolution of the Agency's insurance activity.

Article 19. Claims Committee.

1. Chaired by the President of the Agency, a Committee on Claims will be set up, which will act as an advisory body on this matter.

2. The said Committee shall process the claims files, unless the Chair of the Consortium has delegated the resolution of the claims in the Director of Insurance Management or the Regional Delegates.

3. In the event that the Presidency has delegated the resolution of the claims in the Director of Assurance Management, or in the Regional Delegates, these Organs shall act in accordance with the approved criteria and the instructions given for this purpose. that.

4. The following specialised presentations shall be provided in the Committee on Claims: extraordinary risks; nuclear risks; agricultural, forestry and livestock risks; commercial risks for export credit insurance; of the hunter; of automobiles and of travelers.

5. The composition of the Committee on Claims, as well as the specialist papers, will be determined by the Order of the Ministry of Economy and Finance.

6. The Chair of the Agency may delegate the Chair of the Claims Committee to the Director-Manager.

Article 20. Board of Government of the Export Credit Insurance Section.

The Government Board of the Export Credit Insurance Section, created by Royal Decree 330/1979 of 26 January, will continue to carry out the tasks entrusted to it, forming part of the Director-Manager of the Insurance Compensation Consortium.

CHAPTER IV

Staff

Article 21. Legal status.

Staff at the service of the Insurance Compensation Consortium shall be governed by the provisions of Law 30/1984 of 2 August, and other provisions governing the public service.

Article 22. Experts.

1. In order to assess claims for which compensation is paid by the Insurance Compensation Consortium, this Agency may contract the services of professional Peritos that comply with the established legal requirements.

2. The experts may not belong to the template of any insurance entity or accept any employment or position in the same, having, as long as they are providing services to the Consortium, total incompatibility to make valuations on behalf of insured persons, or to provide them with advice in relation to policies or claims, even if they are not in charge of the Consortium. However, the Minister for Economic Affairs and Finance, acting on a proposal from the Executive Board of the Governing Board and after the report of the General Inspectorate of Public Administration Services, may, exceptionally, authorize the Experts who have advised the insured of the Consortium, in relation to any policies or claims other than those insured, when public interest reasons advise.

3. The procurement, which shall be of a civil nature, in the case of occasional services shall be carried out by the tendering procedure, except in cases of recognised urgency, subject to reasoned justification in the procurement and agreement file motivated by the Presidency of the Agency.

CHAPTER V

Economic Regime

Article 23. Economic resources.

1. For the purposes of the purposes of the Insurance Compensation Consortium, the following resources shall be provided:

(a) The premiums, fees, as well as surcharges on premiums or insured capital that are collected for the coverage, whatever form it takes, of the risks of all types assumed by the Agency.

(b) State subsidies for the provision of technical provisions for the purpose of making deviations from claims, in cases where they are carried out, by legal or regulatory imperative, risk coverage where there is a technical failure of premiums, fees or surcharges.

(c) The amount of the penalties, surcharges and interest on late payment that correspond to it in accordance with the current legislation.

d) The amounts that you retrieve in the exercise of the right of repetition.

e) The products and income of your estate.

f) Any other income that corresponds to you under the current legislation.

2. The premiums, surcharges and fees to be charged by the Consortium in direct insurance will be approved by the Directorate-General for Insurance, on a proposal from it, and will be published in the "Official State Gazette".

Article 24. Financial operations.

In accordance with Articles 102.4 and 113 of the General Budget Law of 4 January 1977, the Insurance Compensation Consortium may carry out credit operations, as well as issue bonds, bonds or bonds. any other financial liabilities, under the conditions of guarantee, interest and reimbursement, to be fixed, subject to the authorization of the Council of Ministers, on a proposal from the Minister for Economic Affairs and Finance, and within the amounts authorised by the Budgets.

Article 25. Collection of premiums and surcharges.

1. All the surcharges and premiums mentioned in the above articles, except in the case that the Consortium directly concerned the insurance, will be collected by the Insurance Entities together with their premiums.

2. The companies and entities that carry out transports included in the Mandatory Insurance of Travelers will collect the premium at the same time as they perceive the price of the transport. In the case of free transport, the premium shall be collected at the time of delivery to the policyholder of the pass or document which enables it.

3. The premiums or contributions for direct insurance shall be collected from the obligation to pay, subject to the provisions of the contracts and rules applicable to them.

Article 26. Declaration and settlement of premiums and surcharges.

The insurance companies and the Transportes de Transportes will be obliged, at the time of filing the declaration of the surcharges and premiums collected for the account of the Consortium, to practice a liquidation and to enter its amount, with attachment to the following rules:

(a) The insurance institutions shall submit and enter the statements-settlements on a monthly basis within the month following which they correspond, and shall refer to the amounts for surcharges and premiums actually collected in that month. period in favour of the Consortium. However, at the request of the Entity concerned, it may be authorised that these amounts relate to surcharges and premiums issued on a regular basis.

This declaration must be filed every month even if in the month the same refers to the same as no premiums or quotas, in which case it will be stated "No charge subject to liquidation".

b) The transport companies shall make quarterly the liquidation of the premiums received from the insured, and must satisfy their amount to the Consortium within the month following each calendar quarter, presenting in the same the corresponding declaration-settlement period. This period may be amended where the regularity of the services advises.

In the quarters that would not be collected, it will be performed in the form provided for in the previous section.

(c) Declarations-settlements shall be made on the forms approved by the Insurance Compensation Consortium.

Article 27. Income of the statements-settlements.

Both autoliquidations and the reported settlements, derived from Inspection Acts that do not have a specified period of entry for their specific rules, must be entered within the fifteen days from the next to the one in which the notification takes place.

Article 28. Commission of recovery.

The exercise of the collection management by the Insurance Compensation Consortium will entail the right to receive a collection fee to be set by the Board of Directors of the Agency and which may not exceed 10 percent. 100 of the gross amounts collected.

Article 29. Interest on late payment.

The failure to enter what is perceived by the Insurance Entity or by the Transport Company will lead, without prejudice to the responsibilities in which it could have been incurred, the obligation to satisfy the interest legal of the money during the delay period.

Article 30. Undue revenue.

When an income made would be undue in all or in part, the Consortium will remember the return of the excess. If the income from the income is attributable to miscalculation in the liquidation of the premiums, or duplicate payment or undue application of funds made by the Bank Entity which has been mediated in the transaction, the refund shall be sufficient to request for the injured party and the justification for having made the entry and the failure to satisfy the Consortium. The return of an income founded on causes other than those previously expressed shall be preceded by the practice of a check at the domicile of the Entity.

Article 31. Prescription.

The right of the Consortium to collect the surcharges and premiums collected through the insurance entities and the carriers will prescribe at the end of the five years, counted from the day following that in which the month ended which corresponds.

Article 32. Inspection.

1. The General Directorate of Insurance shall inspect the Entities, Companies and natural persons who collect premiums, surcharges and fees on behalf of the Insurance Compensation Consortium.

2. The inspection plans proposed by the Agency, once approved by the Executive Board, shall be carried out by the Inspection Services of the Directorate-General for Insurance.

Article 33. Non-payment of the agreed insurance directly.

In the case of Insurance arranged directly between the Consortium and third parties, if the policyholder does not pay the premiums, it will be applicable as set out in Article 15 of Law 50/1980 of 6 October, regulating the Secure.

Article 34. Technical provisions.

1. The Insurance Compensation Consortium shall constitute its technical provisions in the form laid down in the Law on the Management of Private Insurance and its Rules of Procedure, approved by Royal Decree 1348/1985 of 1 August.

2. The surplus which, where appropriate, may occur in the course of its insurance business, shall be integrated into the assets of the Agency in order to ensure the best fulfilment of its obligations.

Article 35. Accounting.

1. The Accounting of the Insurance Compensation Consortium shall be organized in accordance with the provisions of Article 122 et seq. of the General Budget Law and provisions that develop it. The rules for the adaptation of the General Accounting Plan to the Insurance Sector shall be applied on an additional basis.

2. In order to obtain the proper independence of the classes, which is the subject of insurance by the Insurance Compensation Consortium, the accounts shall be organised in such a way as to obtain separately for each of them:

a) Results or surpluses for each financial year.

(b) The amounts to which the representative accounts of the net assets are allocated.

Article 36. State account insurance.

In accordance with the provisions of Law 10/1970 of 4 July, and its Regulation, approved by Decree 3138/1971, December 22, the Insurance Compensation Consortium, will manage the resources for the coverage of the the political risks covered by the Export Credit Insurance, with full financial, wealth and accounting independence.

CHAPTER VI

Casualty processing

Article 37. Civil Liability Insurance Derived From Nuclear Energy.

The processing of claims in the Civil Liability Insurance Derivative of Nuclear Energy will be carried out in accordance with the provisions of Law 50/1980 of 8 October, the technical report of the Council of Nuclear Safety, on the accident, its causes and effects.

Article 38. Agricultural and livestock risks.

1. In the case of agricultural and livestock risks, the claims shall be dealt with in accordance with the provisions of Law 87/1978 of 28 December 1978 on Combined Agricultural Insurance, its Regulation, approved by Royal Decree 2329/1979 of 14 December 1979. September, and the provisions that develop it.

2. In cases where the Consortium has exceptionally assumed the management of Direct Insurance, it shall apply as laid down in Law 50/1980 of 8 October.

Article 39. Forestry risks.

1. Where the Insurance Compensation Consortium acts as a direct insurer of the forest risks, the claim shall be accompanied by the certification of the competent authority on the causes of the claim and the approximate extent of the area affected by the accident. the fire. Where the claim is for extinction costs, it shall be accompanied by a report from the authorities which have ordered them or which have led to the extinction of the fire in which they are justified.

In the case of damage to persons, medical report shall be accompanied on the injuries produced and their causes, as well as the discharge or death, if any.

2. In all other cases, the provisions of Law 50/1984, of 8 October, will apply.

Article 40. Export credit insurance.

The processing of the Export Credit Insurance files, both in commercial and political risks, will be in accordance with the provisions of Law 10/1970 of 4 July, and its Rules of Procedure, approved by the Royal Decree 3138/1971 of 22 December, as well as the agreement between the Insurance Compensation Consortium and the "Spanish Export Credit Insurance Company, Company Anonymous".

Article 41. Mandatory insurance of motor vehicles.

1. The processing of claims caused by motor vehicles which are the subject of compulsory coverage shall be in accordance with the law on the use and circulation of motor vehicles, recast as approved by Decree 632/1968 of 21 December 1968. March, as amended by Royal Decree 1301/1986 of 28 June 1986, as well as by its Rules of Procedure, adopted by Royal Decree 2641/1986 of 30 December 1986.

2. In accordance with Article 9.1 of Decree-Law 18/1964 of 3 October, any judicial or extrajudicial injunction to be made to the Insurance Compensation Consortium on the delivery of quantity or be made in its Central Services or in its regional delegations, and the latter shall have the right to attend to it within ten days of the entry of the order in the Register, unless the Law has established for this alleged longer term.

3. Furthermore, in order to qualify the executive demand referred to in Article 17 of the Law on the Use and Circulation of Motor Vehicles, it must be documented that the Consortium was required to pay, and that, from that requirement, passed the ten-day deadline set out in the previous paragraph without having been addressed.

Article 42. Cazador's Mandatory Civil Liability Insurance.

The processing of claims in the Cazador's Mandatory Civil Liability Insurance will be in accordance with its specific rules.

Article 43. Mandatory Travel Insurance.

The processing of the claims covered by the Compulsory Travel Insurance shall be in accordance with the provisions of Articles 46 and following of its Rules of Procedure, approved by Decree 486/1969 of 6 March, and amended by the Decree 1814/1976 of 4 June, as well as in the regulations that I developed and completed.

Article 44. Subrogation.

The Insurance Compensation Consortium, once the compensation has been paid, may exercise the rights and actions which, by reason of the claim, correspond to the insured person in front of the persons responsible for it and up to the limit of that, in accordance with the provisions of Article 43 of Law 50/1980 of 8 October of the Insurance Contract.

Article 45. Jurisdiction.

1. It is for the courts of the civil order to know all the claims arising from the risks covered by the Insurance Compensation Consortium. In the event that the liability of the Consortium is the civil derivative of crime or fault, it is the knowledge of the pretensions to the courts of criminal order.

2. For the exercise of civil actions against the Consortium, the prior complaint shall not be necessary on the basis of a government, without prejudice to Article 41 of this Regulation.

ADDITIONAL PROVISIONS

First.

The 5-per-1,000 surcharge on premiums collected by the Insurance Entities, regulated in the transitional provision of Royal Decree-Law 10/1984, of July 11, and validated by the additional fourteenth provision of the Law 46/1985, of December 27, will be managed by the Consortium of Insurance Compensation, in accordance with the provisions of the Rules of Procedure of the Liquidating Commission of Insurance Entities.

Second.

The rate for property valuation rights, validated by Decree 659/1960 of 31 March, which was managed by the Insurance Compensation Consortium, will become the same by the General Insurance Directorate of the Ministry of Economy and Finance.

TRANSIENT PROVISIONS

First.

Within the maximum period of two months from the entry into force of this Regulation, the Governing Board shall be established in Articles 14 to 18 of this Regulation.

Constituted the aforementioned Board of Government, this will assume the functions of all the existing ones in the Consortium of Insurance Compensation; except the Board of Government of the Section of Insurance of Credit to the Export that, according to with the provisions laid down in Article 20 of this Regulation, it shall continue to carry out the tasks entrusted to it.

Second.

The administrative resources which, in accordance with Articles 58 of the Rules of Procedure of 13 April 1956 and 74 and 75 of the Regulation of the Compulsory Insurance of Travellers of 6 March 1969, have been brought Before the entry into force of this Regulation, before the entry into force of this Regulation, the Insurance Compensation Consortium shall be determined by the Governing Board.

Given the express resolution, or after the period indicated for understanding the appeal for administrative silence, the interested parties may directly deduct their claims to the Organs of the civil jurisdiction.

REPEAL PROVISION

A) Any provisions of equal or lower rank shall be repealed as set out in this Regulation and in particular:

1. Regulation of the Insurance Compensation Consortium of 13 April 1956, as amended by Decree 3161/1963 of 28 November.

2. Article 39 of Decree 1438/1965 of 20 May.

3. Articles 72 and 73 of the Nuclear Risk Coverage Regulation, approved by Decree 2177/1967 of 22 July.

4. Articles 6 to 15 of the Regulation of the National Circulation Risk Guarantee Fund, approved by Decree 2532/1967 of 11 October.

5. Articles 101 to 144 of the Regulation of the Compulsory Insurance of Travellers, approved by Decree 486/1969 of 6 March.

6. Article 24 of the Order of the Ministry of Finance of July 20, 1971, approving the Regulation of the Compulsory Insurance of the Cazador Civil Liability.

7. Royal Decree 2878/1981 of 13 November 1981.

B) The following provisions are declared in force:

1. Royal Decree 330/1979, of 26 January, of reorganization of the Insurance Compensation Consortium in respect of Export Credit Insurance.

2. Royal Decree 958/1986 of 25 April amending the organic structure of the Insurance Compensation Consortium.

FINAL PROVISIONS

First.

The Minister of Economy and Finance is empowered to dictate how many provisions are necessary for the implementation and development of this Royal Decree.

Second.

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Given in Madrid to May 15, 1987.

JOHN CARLOS R.

The Minister of Relations with the Courts and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ