Decree No. 54 of 30.12.2016 on the Registers of the Guarantee Fund for Information Exchange and Protection and on the Issuance and Accounting of Mandatory Insurance under Art. 461 of the Insurance Code

DECREE No. 54 of 30.12.2016 on the Registers of the Guarantee Fund for Information Exchange and Protection and on the Issuance and Accounting of Mandatory Insurance under Art. 461, Items 1 and 2 of the Insurance Code Pub. - State Gazette, No. 7 of 20.01.2017, effective from 20.01.2017 Issued by the Chairman of the Commission on Financial Supervision, the Minister of Internal Affairs, and the Minister of Transport, Information Technologies and Communications

Chapter One
GENERAL PROVISIONS
Subject
Art. 1. This Decree regulates:

1. the content, scope, and format of data in the electronic registers under Art. 571, para. 1 of the Insurance Code (IC), maintained by the Guarantee Fund;
2. the procedure for the collection, processing, storage, and protection of the data under item 1;
3. the conditions and procedure for registration and providing access to the data under item 1;
4. the conditions, procedure, and methods for the exchange of information, data formats, and classifiers used, as well as the interaction between the Guarantee Fund, state authorities, and other entities with a legal interest;
5. the collection and storage of information, as well as insurers' access to it, in the electronic information system for the purposes of Art. 571 IC, including for risk assessment, management, and control, including for the issuance of policies and the provision of electronic administrative services.

Insurers' Information Systems
Art. 2. This Decree regulates the requirements for insurers' information systems and their operational compatibility with the information systems, registers, and databases created and maintained by the Guarantee Fund.

Issuance and Accounting of Mandatory "Third-Party Liability" Insurance for Motorists and "Accident" Insurance for Passengers Art. 3. This Decree also regulates the requirements for the issuance and accounting of contracts for mandatory "Third-Party Liability" insurance for motorists and contracts for mandatory "Accident" insurance for passengers, cross-border insurance contracts (hereinafter referred to as "contracts"), and "Green Card" certificates.

Chapter Two
REGISTERS OF THE INFORMATION CENTER. PROCEDURE FOR COLLECTION AND EXCHANGE OF INFORMATION
Section I
Register of Motor Vehicles Usually Located on the Territory of the Republic of Bulgaria. Procedure for Exchange of Information

Register of Motor Vehicles Usually Located on the Territory of the Republic of Bulgaria Art. 4. (1) The register of motor vehicles (MV) under Art. 571, para. 1, item 3 of the IC, which are usually located on the territory of the Republic of Bulgaria (the MV register), contains the following data for the vehicles:
1. registration number (license plate number);
2. vehicle identification number - chassis number (VIN);
3. type of vehicle;
4. engine capacity;
5. engine power in kW;
6. number of seats;
7. data on the mass of the MV, as follows:
a) technically permissible maximum mass (position F1 of the MV Registration Certificate (MVRC)); b) permissible maximum mass of a vehicle combination (position F3 of the MVRC); c) mass of the vehicle (position G of the MVRC);
8. fuel type;
9. main color of the MV;
10. region (province) of registration;
11. indication whether the MV is "suspended from traffic";
12. indication whether the MV has "registration officially terminated due to lack of "Third-Party Liability" insurance for motorists";
13. indication of MV belonging to a specific group:
a) vehicles with a seizure for sale; b) vehicles of state authorities, including vehicles of special regime; c) vehicles for which information has been entered in the Ministry of Internal Affairs (MIA) register by the owner regarding a contract for sale to a foreign natural or legal person, and which the purchaser has not re-registered in their name; d) vehicles with transit registration and vehicles with temporary registration; e) trailers and semi-trailers category O1; f) motorcycles, mopeds, motor tricycles, tricycles, and quadricycles;
14. identification of whether the MV is owned by a natural or legal person;
15. identifiers of owners and users according to the MVRC - for MVs for which mandatory "Third-Party Liability" insurance for motorists has been concluded.
(2) The register under para. 1 covers all vehicles whose registration has not been terminated, with the exception of vehicles whose registration has been officially terminated in accordance with Art. 143, para. 10 of the Road Traffic Act (RTA). Vehicles whose registration has been officially terminated due to non-compliance of license plates with BDS 15980 and BDS ISO 7591 are not included in the scope of vehicles. (3) The register under para. 1 also contains the following data for temporary plates provided to traders engaged in the import of motor vehicles, as follows:
1. registration number;
2. date of validity of the registration number;
3. name/designation, EGN/LNCH/EIK/BULSTAT, and address/headquarters address of the trader;
4. date of return of the plate.

Collection and Exchange of Data in Relation to the MV Register Art. 5. (1) The data under Art. 4, para. 1, items 1-13 and para. 3 are provided by the MIA in a format according to a joint protocol signed by representatives designated by the Minister of Internal Affairs, the Commission on Financial Supervision, and the Management Board of the Guarantee Fund. The joint protocol also determines the method of access when submitting data. (2) The data under Art. 4, para. 1, items 14 and 15 are entered into the register based on information provided via the electronic service (application programming interface) for extracting data in connection with the generation of a specific insurance contract. (3) The data under para. 1 are updated by providing data electronically at least once a day via a secure channel from the MIA to the Guarantee Fund for vehicles for which, on the previous working day:

1. initial registration was performed;
2. a change in registration was performed; or
3. registration was terminated.
   (4) The Guarantee Fund stores the received data and protects access to them, not transferring its rights to third parties outside of legally defined cases.

Section II
Register of Insurance Policies. Procedure for Collection and Exchange of Data

Register of Insurance Policies
Art. 6. (1) The register under Art. 571, para. 1, item 1 of the IC for insurance policies under item 10.1, Section II, letter "A" of Annex No. 1 to the IC and for "Green Card" certificates contains information from the insurance contract, as well as information used for its conclusion, as follows:
1. insurance policy number;
2. type of insurance policy;
3. insurer;
4. date and time of contract conclusion;
5. start and end date and time of coverage;
6. data on the insured:
a) name of a natural person/designation or firm name of a legal person; b) identifier of the person (EGN, LNCH, EIK/BULSTAT); c) address;
7. data on the owner(s) of the motor vehicle according to the MVRC or according to the ownership document, when the motor vehicle is not registered by the competent authorities of the MIA:
a) name of a natural person/designation or firm name of a legal person; b) identifier of the person (EGN, LNCH, EIK/BULSTAT); c) address;
8. data on the purchaser according to the document of change of ownership submitted to the MIA by the owner according to the MVRC;
9. at the insurer's discretion, data on the owner of the motor vehicle according to the ownership document, when the data on the owner according to the MVRC and according to the ownership document differ:
a) name of a natural person/designation or firm name of a legal person; b) identifier of the person (EGN, LNCH, EIK/BULSTAT); c) address;
10. data on the usual driver of the MV, when different from the owner:
a) name of a natural person; b) identifier of the person (EGN, LNCH); c) address;
11. data on the user of the MV according to the MVRC (position C.3 of the MVRC) or according to another document, when the MV is not registered:
a) name of a natural person/designation or firm name of a legal person; b) identifier of the person (EGN, LNCH, EIK/BULSTAT); c) address;
12. object (MV or temporary plate with registration number);
13. data on the MV:
a) type of registration (temporary, permanent, or transit); b) date of validity of a temporary plate for insurance issued on a temporary plate; c) date of validity of registration; d) registration number (license plate number); e) chassis number of the MV; f) type, make, and model of the MV; g) date of first registration of the MV; h) fuel type used by the MV; i) main color; j) number of seats; k) data on the mass of the MV, as follows: aa) technically permissible maximum mass (position F.1 of the MVRC); bb) permissible maximum mass of a vehicle combination (position F.3 of the MVRC); cc) mass of the vehicle (position G of the MVRC); l) capacity, maximum power;
14. calculated insurance premium;
15. correcting coefficient according to the "bonus-malus" system;
16. number of the sign issued by the Guarantee Fund, date of validity, and date of handover;
17. "Green Card" certificate number with start and end dates of validity;
18. data on correction, change, or cancellation of a record on the policy;
19. data on premium correction on the policy;
20. data on additional sign of the Guarantee Fund after the date of policy issuance:
a) sign number; b) reason for issuance (subsequent premium installment, sign declared invalid, cancelled sign); c) date of validity; d) date of handover; e) reason for replacement or cancellation; f) date and time of replacement or cancellation;
21. data on "Green Card" certificate after the date of policy issuance:
a) policy number associated with the certificate; b) certificate number; c) MV registration number (license plate number); d) chassis number; e) reason for issuance; f) start and end dates of validity;
22. "Green Card" certificates declared invalid or cancelled:
a) policy number associated with the certificate; b) certificate number; c) date of change; d) reason.
(2) The register under Art. 571, para. 1, item 1 of the IC for cross-border insurance contracts contains the data under para. 1, items 1-6, 9, and 13-22, as well as data on the country where the MV is usually located under the insurance policy. (3) The register under Art. 571, para. 1, item 1 of the IC for insurance policies for mandatory "Accident" insurance for passengers in public transport vehicles contains:
1. policy number;
2. type of insurance policy;
3. insurer;
4. date and time of contract conclusion;
5. start and end date and time of coverage;
6. carrier (insured);
7. address and correspondence address, when different;
8. type of insurance premium;
9. number of insured vehicles;
10. number of insured seats in the vehicle;
11. calculated insurance premium;
12. date and time of cancellation of the insurance policy;
13. date and time of termination of the insurance policy;
14. date and time of change of the insurance policy.
(4) For policies concluded under the right of establishment and free provision of services, the register contains:
1. insurance policy number;
2. type of insurance policy;
3. insurer;
4. date of contract conclusion;
5. start and end date of coverage;
6. calculated insurance premium;
7. data on premium correction on the policy.

Procedure for Filling Data in the Policy Register Art. 7. (1) The data under Art. 6, paras. 1-3 are reflected in the register in real time upon generation of the policy by the insurer's information system. (2) The data under Art. 6, paras. 1-3 are reflected in reports in a format and with content determined by a decision of the Commission on Financial Supervision. Insurers are obliged to comply with the requirements for the format and content of the data in the first sentence. (3) The data under Art. 6, para. 4 are submitted by insurers to the register monthly by the 10th of the month regarding policies concluded at the end of the reporting month.

Requirements for Issuance and Accounting of Contracts for Mandatory Insurance under Art. 3 Art. 8. (1) The contracts under Art. 3 have a unified uniform numbering generated by the Guarantee Fund's information system under conditions and procedure determined by the Management Board of the Guarantee Fund. (2) The contracts under Art. 3 are generated and issued by the insurer's information system. (3) Upon generation of the contract, data contained in the MIA databases are automatically used for the purposes of the contract based on information received from the Unified Information System for Risk Assessment, Management, and Control (UISRAMC). Insurers are obliged to organize their activities in a manner that guarantees that each contract is concluded using only information received from the MIA for the respective pricing indicator. Insurers cannot replace data for a respective indicator when they are received from the MIA, but may additionally use filled fields according to the reports under Art. 7, para. 2. When data from the MIA are not submitted via the electronic service under Art. 9, para. 1, insurers fill in the data independently, which is reflected in the register. (4) Every contract generated by the insurer's information system under Art. 3 is accounted for electronically to the Guarantee Fund in real time simultaneously with its generation. The Guarantee Fund's information system verifies whether the data for the generated contract submitted by the insurer correspond to the data received from the MIA. (5) The data under Art. 7 are reflected in the register of insurance policies in real time upon submission of data from the insurer's information system. (6) A record of a generated insurance contract may be cancelled until the start date and time of entry into force of the insurance coverage under it. Correction of errors made during the issuance of a contract is carried out within 48 hours from the conclusion of the contract. When the term in the second sentence expires on a non-working day, the correction may be carried out until 24:00 on the next following working day. (7) Contracts are accounted for in accordance with the functional and technical specification under Art. 26, para. 4. (8) In case the Ministry of Internal Affairs is unable for technical reasons to service requests via the electronic service under Art. 9, para. 1 for more than 4 hours, the Guarantee Fund establishes this circumstance and provides a technical possibility for providing price quotes and generating insurance contracts based on the information in the Guarantee Fund's information system. Immediately after the possibility to provide the electronic service under Art. 9, para. 1 is restored, the Guarantee Fund establishes this circumstance and restores the process of generating insurance contracts under para. 3. (9) In case of a group insurance contract, a number for an individual contract is generated in the Guarantee Fund's information system for each motor
vehicle included in the group contract. (10) Para. 3 does not apply to vehicles under Art. 4, para. 1, item 13, letter "b". Data in the contract are entered by the insurance service distributor.

Procedure for Collection of Data from the Ministry of Internal Affairs for the Purposes of Concluding Insurance Contracts Art. 9. (1) The Ministry of Internal Affairs provides the Guarantee Fund with the data under Art. 574, para. 3 of the IC via access to an internal electronic administrative service through an application programming interface for extracting data from the register of vehicles and their owners, established and maintained in the MIA. (2) A request for execution of the electronic service under para. 1 is generated by an end user of an insurer's information system and submitted to the MIA via the Guarantee Fund's information system. A request in the first sentence is generated only for the purposes of concluding a specific insurance contract for mandatory "Third-Party Liability" insurance for motorists, including for providing a price quote for its conclusion. When concluding insurance via an internet page, the request for the electronic service under para. 1 is generated by the insured, and the insurance service distributor's internet page must be protected against automatic generation of traffic. A calculator for contract value/price on an insurance service distributor's page cannot execute requests under para. 2. (3) An end user of an insurer's information system is an employee of the insurer or an insurance intermediary. End users of an insurer's information system may also be employees of insurance intermediaries. (4) An end user obtains access to use the service via a personal username and password to the insurer's information system. The insurance intermediary is obliged to create an organization such that when insurance contracts are generated via an information system other than that of the insurer, employees of the insurance intermediary obtain access to the intermediary's system via a personal username and password. The insurer's information system, as well as that of the insurance intermediary, store for at least two years the respective journal information for requests made, including user identification data, the condition for providing information under para. 7, time (date and time), and a unique identifier of the request, which is provided upon request by the Commission on Financial Supervision. (5) The Guarantee Fund's information system stores the identifier of the applicant insurer and journal information for requests made by the insurer, which allows the insurer to be unambiguously determined by a unique request number received at the MIA's electronic services server. (6) The scope of the service includes all vehicles whose registration has not been terminated at the time of execution of the request, and those whose registration has been officially terminated in accordance with Art. 143, para. 10 of the RTA. Data for vehicles under Art. 4, para. 1, item 13, letter "b" are not returned. Vehicles whose registration has been officially terminated due to non-compliance of license plates with BDS 15980 and BDS ISO
7591 are not included in the scope of vehicles. (7) The request for execution of the electronic service contains the registration number (license plate number) and the number of the vehicle registration certificate. (8) The result of the execution of the electronic service contains:

1. registration number (license plate number);
2. type of registration - permanent, temporary, transit;
3. date of validity of registration;
4. vehicle identification number - chassis number (VIN);
5. make and model;
6. type of motor (road) vehicle;
7. main color;
8. data on the mass of the MV, as follows:
   a) technically permissible maximum mass (position F1 of the MVRC); b) permissible maximum mass of a vehicle combination (position F3 of the MVRC); c) mass of the vehicle (position G of the MVRC);
9. fuel type;
10. engine capacity;
11. maximum engine power in kW;
12. number of seats;
13. date of first registration;
14. name/designation, EGN/LNCH/EIK/BULSTAT, and last current address/headquarters address of all owners;
15. name/designation, EGN/LNCH/EIK/BULSTAT, and last current address/headquarters address of all users;
16. name/designation, EGN/LNCH/EIK/BULSTAT of the purchaser according to the document of change of ownership submitted to the MIA by the owner according to the MVRC, when such information is available;
17. date of suspension from traffic;
18. date of termination of registration due to lack of Third-Party Liability (TPL) insurance.
    (9) The data under para. 8 are provided by the MIA to the Guarantee Fund electronically via a secure channel in a format according to a joint protocol signed by representatives designated by the Minister of Internal Affairs, the Commission on Financial Supervision, and the Management Board of the Guarantee Fund. (10) The data under para. 8, items 14, 15, and 16 are not entered into the insurance contract and are not provided to the end user under para. 3. The data under para. 8, items 14, 15, and 16 are not provided to an insurance intermediary's information system. When the same data are collected independently by the insurer, they may be entered into the insurance contract. (11) The Guarantee Fund's information system provides the data received from the service to the insurer's information system. (12) For the purposes of providing a price quote by insurance service distributors, the Guarantee Fund provides a separate request for the electronic service under para. 1. For the purposes of providing a price quote by insurance service distributors, the first request of the day for execution of the electronic service is submitted to the MIA via the Guarantee Fund's information system. The Guarantee Fund stores the data under para. 8 for each MV until 24:00 on the same day they are generated and provides them to insurers for the purposes of providing price quotes without generating new requests to the MIA. (13) A request for execution of the electronic service under para. 12 is generated by an end user of an insurer's information system. Paras. 3 and 4 apply. (14) The data received under para. 12 are deleted in the Guarantee Fund's information system and that of the respective insurer at 24:00 on the day they were extracted. (15) For the purposes of providing the price quote, employees of the insurer or other insurance service distributors receive only the final price of the insurance. (16) Upon change of ownership of the motor vehicle or other circumstances reflected in the register of motor vehicles and their owners, established and maintained by the MIA, and when the insurance contract was concluded based on information received from the MIA, the Guarantee Fund sends an automated request for extraction of data from the MIA register based on a request from an end user of the insurer's information system, and the changed data are reflected in the register of insurance policies.

Providing Data for Verification of "Bonus-Malus" Class Art. 10. (Effective from the date of entry into force of the Decree under Art. 490, para. 5 of the IC) The Guarantee Fund provides on its internet page the possibility to check the current "bonus-malus" class according to characteristics under the Decree under Art. 490, para. 5 of the IC.

Exchange of Data with the Automated Information System Containing Information on Administrative Penalty Activities under the Road Traffic Act Art. 11. (Effective from the date of entry into force of the Decree under Art. 490, para. 5 of the IC) (1) For the purposes of applying the mandatory bonus-malus system introduced by the Decree under Art. 490, para. 5 of the IC, the MIA provides the Guarantee Fund with access to an electronic service (application programming interface) for extracting data from the automated information system containing information on administrative penalty activities under the Road Traffic Act regarding administrative violations committed by owners, users, and usual drivers of motor vehicles. (2) The exchange of information is determined by the Decree under Art. 490, para. 5 of the IC. (3) The transfer is carried out via an encrypted channel between the systems of the Guarantee Fund and the MIA.