In reference to requests we received concerning the public procurement procedures carried for vehicle registration services, which include a roadworthiness test and entering into contract on compulsory transport insurance, the Insurance Supervision Agency hereby issues the following opinion:
Only a person having an appropriate license of the Agency may come forward as provider of insurance services under the Law on Insurance (Official Gazette of the Republic of Montenegro, No 78/06 and 19/07).
Since persons that could provide insurance services are not allowed to engage in any other activity, merging a procedure for procurement of services of a roadworthiness test and insurance of vehicles would entail at least two participants that would jointly apply, whereby only such persons properly authorized under the Law on Insurance can negotiate about all elements concerning the insurance.
Providers of a roadworthiness test services cannot offer the insurance services, since they are not allowed to engage in sale of insurance under the Law on Insurance.
With regard to the price element of the compulsory insurance, we would like to stress that the lowest premium for compulsory insurance, pursuant to Article 5 of the Law on Compulsory Transportation Insurance, is set by the System of Premium Tariffs for Insurance of Owners or Users of Motor Vehicle against liability for damage to third parties, to which the Agency issued its consent (22 July 2011).
Such established minimum premium for entering into a contract on compulsory insurance can be corrected only by changing the bonus-malus system and only after the expiry of one year from the commencement of application of the ICT system of the Association of Insurers. In addition to the bonus-malus system envisaged under the System of Tariffs, which is not yet applied, no other reduction of the premium can take place.