It thus does not not include two further categories of agreements between insurance undertakings, which the Commission is entitled to include in its block exemption Regulation, under the authorisation given by the Council through the so-called enabling Regulation , namely agreements on claims settlement, and on registers of aggravated risks.

Permitting Canada to ratify the Montreal Convention would move the world a step closer to a new global regime for carrier liability that has the potential to reduce litigation and expedite the settlement of claims.

8. The appointment of a claims representative shall not in itself constitute the opening of a branch within the meaning of Article 1(b) of Directive 92/49/EEC and the claims representative shall not be considered an establishment within the meaning of Article 2(c) of Directive 88/357/EEC or an establishment within the meaning of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters(12).

4. The claims representative shall, in relation to such claims, collect all information necessary in connection with the settlement of the claims and shall take the measures necessary to negotiate a settlement of claims.

(15) In order to fill the gaps in question, it should be provided that the Member State where the insurance undertaking is authorised should require the undertaking to appoint claims representatives resident or established in the other Member States to collect all necessary information in relation to claims resulting from such accidents and to take appropriate action to settle the claims on behalf and for the account of the insurance undertaking, including the payment of compensation therefor; claims representatives should have sufficient powers to represent the insurance undertaking in relation to persons suffering damage from such acc ...[+++]idents, and also to represent the insurance undertaking before national authorities including, where necessary, before the courts, in so far as this is compatible with the rules of private international law on the conferral of jurisdiction.

The new rules, known as the Fourth Motor Insurance Directive, provide for improved information, easier procedures and quicker settlement of claims (fines will be charged on late payments).