Territorial scope of the Green
Card
1. General Remarks
The Green Card contains a field which includes letters for several countries.
The field only displays the letters of States whose national Bureaux are
members of the Green Card System. It shows the complete territorial scope of the
Green Card.
With one exception (cf. below), the insurer who emits the
Green Card is free to exclude specific countries from cover. The insurer
excludes the territory of a state from cover by crossing its letters out. Before
going on a trip abroad, it is therefore important to check if the letters of the country
that is to be visited are displayed on the Green Card and have not been crossed
out.
However, swiss insurance companies are not allowed to exclude
the territory of the States of the registration plate agreement from insurance
cover and to cross out their letters on the Green Card. As a matter of fact, swiss
law obliges insurers to give cover for all these States (art. 63 par. 2 of the
road traffic act SVG). All the member states of the EU/EEA as well as Andorra,
Croatia, Serbia and Switzerland belong to the registration plate agreement. The
practical range of this interdiction is though of lesser importance nowadays, as
the registration plate delivered by one of these States certifies sufficient
MTPL cover when entering the territory of another country of the registration
plates agreement.
2. Special remarks
concerning the territorial scope
2.1.
Kosovo
The Green Card does not provide any cover for the territory of
Kosovo. When entering Kosovo, the local authorities
demand the conclusion of a frontier insurance policy. The other way round,
drivers of vehicles registered in Kosovo also have to conclude frontier
insurance policies when entering the territories of Green Card countries or the
European Economic Area.
A precondition for considering a possible future Green Card cover
for this territory would consist in the accession of a forthcoming bureau of
insurance of Kosovo to the Green Card System. For this, this bureau would have
to become a member of the Council of Bureaux (CoB). However, the constitution of
the CoB only permits the membership of bureaux from countries which are UN
members. The declaration of independence of Kosovo alone does not fulfill this
condition. The UN cannot admit Kosovo among its members before the country has
not been recognised by the majority of the international community. This is the reason why the territory of Kosovo still remains excluded from the
territorial scope of the Green Card.
Neither swiss insurance
companies nor the Swiss National Bureau of Insurance (NBI) are
competent for dealing with demands for refund of frontier insurance policies
issued in Kosovo. Requests for Information and demands for refund concerning kosovar
frontier insurance have to be addressed to the insurance association
of Kosovo:
Shoqata e Sigurimeve të Kosovës
Insurance Association
of Kosova
Nr 98,
Enver Maloku Street
Sunny Hill
Prishtina
Kosova
10000
Office: +381 38 245 110
Fax: +381 38 245 110
Email : info@iak-ks.com
Internet: http://www.iak-ks.com/
Border insurance: http://www.iak-ks.com/Publications.html
Submission of a claim: http://www.iak-ks.com/CIU.html
2.2. Serbia (country code SRB)
The abbreviation SRB on the Green Card stands for Serbia. On 27 May 2011, the National Bureau of Insurers of Serbia was included in the group of countries who signed the multilateral agreement (Plates Agreement). This accession will take effect on 1 January 2012. From this point onwards, drivers of motor vehicles fitted with license plates from a country whose national bureau of insurance is a signatory of the multilateral agreement (i.e. all EEA states, Andorra, Croatia and Switzerland) no longer need to present a green card when entering Serbia. The same will apply to Serbian drivers when entering countries governed by the Plates Agreement. For Swiss motor vehicle liability insurers, the accession of Serbia to the multilateral agreement constitutes an expansion of the mandatory scope of cover pursuant to Art. 63 para. 2 of the Swiss Road Traffic Act (SVG). This provision stipulates that mandatory motor vehicle liability insurance covers the liability of the vehicle owner and the persons for whom the owner is responsible, at least in those states where a Swiss license plate is recognised as proof of insurance. The territorial limits of mandatory motor vehicle liability insurance will thus be extended to Serbian territory with effect from 1 January 2012. Any insurance provisions to the contrary shall be hereby rendered invalid.
2.3. Montenegro (country code MNE)
At the General Assembly at the Council of Bureaux of 27/28 May 2011 in Dubrovnik, the Association National Bureau of Montenegro Insurers became a member of the Council of Bureaux effective 1 January 2012. The accession of the Montenegrin bureau is a direct consequence of the Serbian bureau's signature of the multilateral agreement. Beginning 1 January 2012, the Serbian bureau, which had previously been responsible for Montenegro, will cede its authority for the Republic of Montenegro to the new insurance bureau. From this point onwards, proof of sufficient Green Card cover for Montenegro will depend on whether - when crossing the border - drivers can present a Green Card where the letters for Montenegro (MNE) has not been crossed out (subject to transitional regulations; cf. also provisions stated below). The letters MNE must be stated on Green Cards issued by Swiss and Liechtenstein insurance companies from 1 January 2012, at the latest after expiry of a two-year transitional period. Additionally, Green Cards must now also contain the exact name and address of the Montenegrin office on the reverse. In the case that no cover is to be provided for Montenegro, the letters MNE are to be crossed out by the insurance company issuing the card. If the applicable Terms of contract do not provide cover for Montenegro, but the letters are not crossed out when the card is issued to the policyholder, in the event of a claim full coverage must still be provided in accordance with the provisions of the Green Card system in relation not only to the injured parties but also to the insurance bureau. New Green Cards issued by Montenegrin insurance companies must bear the letters CH for Switzerland and Liechtenstein. This can only be crossed out along with the entire EEA field. Indeed, the EEA (Switzerland is included in this area by virtue of its geographical location and the fact that its bureau of insurance also bears responsibility for Liechtenstein) is regarded as a combined insurance area pursuant to European motor vehicle legislation.
Important transitional provisions: "Old" Green Cards, which do not contain the letters MNE yet, but on which the letters SRB are not crossed out, continue to give sufficient cover for Montenegro even after the 1.1.2012 for the whole duration of the validity period stated on the card.
2.4. Principality of Liechtenstein :
The country code CH provides cover for the swiss territory as well as the territory of Liechtenstein. The Swiss Bureau is fulfilling the taks of the insurance bureau of Liechtenstein. In the context
of the Green Card, Switzerland and the Principality of Liechtenstein are
understood as one single territory. The country code CH on the card implies that both
territories are covered.
2.5. Admission of Russia (RUS) to the Green Card System as of 1.1.2009:
On 1.1.2009, the russian insurance bureau RAMI has become a member of the Green Card system. Since then, Swiss motor insurers may give cover for Russia with their Green Cards. The other way round, Green Cards emitted in Russia may give cover for Switzerland and Liechtenstein. Since 1.1.2011, it is mandatory for swiss insurance companies to print the letters RUS on the Green Cards they emit. However, the companies are free to decide if they want to give cover or not for the territory of Russia. The insurer is allowed to exclude cover by crossing out the letters RUS.


