1990L0619—EN—09.10.2002—002.001—1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of8November1990
onthecoordinationoflaws,regulationsandadministrativeprovisionsrelatingtodirectlifeassur-
ance,layingdownprovisionstofacilitate theeffective exerciseoffreedomtoprovideservicesand
amendingDirective 79/267/EEC
(90/619/EEC)
(OJL330,29.11.1990,p.50)
Amendedby:
OfficialJournal
No page date
►M1CouncilDirective92/96/EECof10November1992 L360 1 9.12.1992
►M2Directive2002/65/ECoftheEuropeanParliamentandoftheCouncilof
23September2002L271 16 9.10.2002
▼B
COUNCILDIRECTIVE
of8November1990
on the coordination of laws, regulations and administrative provi-
sions relating to direct life assurance, laying down provisions tofacilitate the effective exercise of freedom to provide services and
amendingDirective 79/267/EEC
(90/619/EEC)
THECOUNCILOFTHEEUROPEANCOMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,andinparticularArticles57(2)and66thereof,
HavingregardtotheproposalfromtheCommission(1),
IncooperationwiththeEuropeanParliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereasitisnecessarytodeveloptheinternalmarketinlifeassurance
andintheoperationsreferredtoinFirstCouncilDirective79/267/EEC
of5March1979onthecoordinationoflaws,regulationsandadminis-trative provisions relating to the taking-up and pursuit of the businessofdirectlifeassurance(
4),hereinaftercalledthe‘FirstDirective’aslast
amended by the Act of Accession of Spain and Portugal; whereas, inorder to achieve that objective, it is desirable to make it easier for
assurance undertakings having their head office in the Community to
provide services in the Member States, thus making it possible forpolicy-holderstohaverecoursenotonlytoassurersestablishedintheirown country, but also to assurers which have their head office in theCommunityandareestablishedinotherMemberStates;
Whereas, underthe Treaty, any discrimination with regard tofreedom
to provide services based onthe fact that an undertaking isnotestab-
lishedintheMemberStateinwhichtheservicesareprovidedhasbeen
prohibited sincethe endofthe transitional period; whereasthat prohi-bition applies to services provided fromany establishm ent in theCommunity, whether it be the head office of an undertaking or anagencyorbranch;
Whereas, for practical reasons, it is desirable to define provision of
services taking into account both the assurer's establishment and the
place where the commitment is to be covered; whereas, therefore,
commitment shouldalsobedefined;whereas,moreover,itisdesirableto distinguish between activities pursued by way of establishment andactivitiespursuedbywayoffreedomtoprovideservices;
Whereas it is desirable to supplement the First Council Directive in
order in particular to clarify the powers and means of supervisionvested in the supervisory authorities; whereas it is also desirable to
lay down specific provisions regarding the taking-up, pursuit and
supervisionofactivitybywayoffreedomtoprovideservices;
Whereas policy-holders who, by virtue of the fact that they take the
initiativeinenteringintoacommitmentinanotherStateandthusplacethemselvesundertheprotectionofthelegalsystemofthatotherState,do not require special protection in the State of the commitment,shouldbegranted complete freedom toavail themselves ofthewidest
possiblemarketinlifeassuranceandintheoperationsreferredtointhe
First Directive; whereas other policy-holders should also be affordedadequateprotection;1990L0619—EN—09.10.2002—002.001—2
(1) OJNoC38of15.2.1989,p.7and
OJNoC72of22.3.1990,p.5.
(2) OJNoC175,16.7.1990,p.107,andDecisionof24October1990(notyet
publishedintheOfficialJournal).
(3) OJNoC298,27.11.1989,p.2.
(4) OJNoL63,13.3.1979,p.1.
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Whereas in the management of some group pension funds, the multi-
plicity and complexity of the various schemes and their closeconnectionwithsocialsecurityschemescallforcarefulstudy;whereas
they should therefore be excluded fromthe scope of the provisions
specific to freedomto provide services contained in this Directive;whereastheywillformthesubjectmatterofanotherDirective;
Whereas the provisions in force in the Member States regarding
contractlawapplicabletotheactivitiesreferredtointheFirstDirectivecontinue to differ; whereas the freedomto choose, as the law applic-able to the contract, a law other than that of the State of thecommitment maybegrantedincertaincases,inaccordance withruleswhichtakeintoaccountspecificcircumstances;
WhereastheFirstDirective'sprovisionsontransferofportfolioshould
be reinforced and supplemented by provisions specifically concerningthe transfer to another undertaking of the portfolio of contractsconcludedbywayoffreedomtoprovideservices;
Whereas, in the interests of protecting policy-holders, Member States
should, at the present stage of the coordination process, be given theoption of limiting the simultaneous pursuit of activity by way offreedomto provide services and activity by way of establishm ent;
whereas no such limitation can be provided for where policy-holders
donotrequiresuchprotection;
Whereas the taking-up and pursuit of activity by way of freedomto
provide services should be subject to procedures guaranteeing the
assuranceundertaking'scompliancewithprovisionsregardingfinancial
guarantees, conditions of assurance and premium rates; whereas thoseprocedures may be relaxed where the activity pursued by way offreedomto provide services covers policy-holders who, by virtue ofthe characteristics of the commitment they propose to enter into, do
notrequirespecialprotectionintheStateofthecommitment;
Whereas for life assurance contracts entered into by way of the free
provisionofservicesthepolicy-holdershouldbegiventheopportunityofcancellingthecontractwithinaperiodofbetween14and30days;
Whereas the First Directive adopted the principle of prohibiting the
simultaneous pursuit of the activities covered by Directive 73/239/EEC(
1)(calledtheFirstDirectiveonthecoordinationofnon-lifeinsur-
ance) as last amended by Directive 88/357/EEC(2) and those covered
bytheFirstDirective;whereas,whileitauthorizedthecontinuedexis-
tenceofexistingcompositeundertakings,itstatedthattheymaynotsetupagenciesorbranchesforlifeassurance;whereasthespecificnatureof the commitments entered into in the insurance field under thefreedomof services regim e nevertheless justifies, at least on a transi-tional basis as fromnotification of this Directive to Mem ber States,
the introduction of a degree of flexibility in the application of the
aboveprinciple;
Whereas nothing in this Directive would prevent a composite under-
taking fromdividing itself into two undertakings, one active in the
fieldoflifeassurance,theotherinnon-lifeinsurance;whereasinorder
toallowsuchdivisiontotakeplaceunderthebestpossibleconditions,itisdesirabletopermitMemberStates,inaccordancewithCommunityrules of competition law, to provide for appropriate tax arrangements,inparticularwithregardtothecapitalgainssuchdivisioncouldentail;
Whereas it is necessary to make provision for special cooperation in
the sphere of freedomto provide services between the com petentsupervisoryauthoritiesoftheMemberStatesandbetweenthoseautho-ritiesandtheCommission;whereasprovisionshouldalsobemadefor
a systemof penalties to apply where the undertaking providing the
service fails to comply with the provisions of the Member State inwhichtheserviceisprovided;1990L0619—EN—09.10.2002—002.001—3
(1) OJNoL228,16.8.1973,p.3.
(2) OJNoL172,4.7.1988,p.1.
▼B
Whereas the technical reserves, including mathematical reserves,
shouldbesubjecttotherulesofandsupervisionbytheMemberStatein which the service is provided where the provision of services
involves commitments in respect of which the State in which the
service is received wishes to provide special protection for policy-holders; whereas, however, if such concern to protect policyholders isunjustified, the technical reserves, including mathematical reserves,should remain subject to the rules of and supervision by the Member
Stateinwhichtheundertakingisestablished;
Whereas some Member States do not subject life assurance contracts
andtheotheroperationscoveredbytheFirstDirective toanyformofindirecttaxation,whileothersapplyspecialtaxes;whereasthestructureandrateofthosetaxesvaryconsiderablybetweentheMemberStatesin
which they are applied; whereas it is desirable to avoid a situation
where those differences lead to distortions of competition betweenundertakings in the various Member States; whereas, pending furtherharmonization,theapplicationofthetaxarrangementsprovidedforbytheMemberStateinwhichthecommitmentisenteredintoisameansof remedying such mischief; whereas it is for the Member States to
establishamethodofensuringthatsuchtaxesarecollected;
Whereas the FirstDirective makes expressprovisionforspecific rules
concerning theauthorization ofagencies andbranches ofundertakingswhoseheadofficesareoutsidetheCommunity;
Whereasprovisionshouldbemadeforaflexibleproceduretomakeit
possible to assess reciprocity with third countries on a Communitybasis; whereas the aim of this procedure is not to close the Commu-nity's financial markets but rather, as the Community intends to keepitsfinancialmarketsopentotherestoftheworld,toimprovetheliber-alization of the global financial markets in other third countries;
whereas, to that end, this Directive provides for procedures for nego-
tiating with third countries and, as a last resort, for the possibility oftaking measures involving the suspension of new applications forauthorizationortherestrictionofnewauthorizations;
Whereas it is desirable to take into account, within the meaning of
Article 8c of the Treaty, the extent of the effort which needs to be
made by certain economies showing differences in development;whereas,therefore,itisdesirabletograntcertainMemberStatestransi-tional arrangements for the gradual application of the specificprovisionsofthisDirectiverelatingtofreedomtoprovideservices;
Whereas, in view of the differences in the national legislations, it is
alsoappropriatetogranttothoseMemberStateswhichsowishtransi-tional arrangements enabling them to adapt their legislation beforeapplying in their entirety, as regards group insurance contracts linkedtoacontractofemploymentortheinterventionofabroker,theprovi-
sions of this Directive relating to the case where the policy-holder
takes the initiative to conclude a contract by way of provision ofservices;
WhereasitwillbeparticularlyimportanttoallowthoseMemberStates
who so wish a sufficiently long period to be able to adopt the appro-
priate provisions in order to ensure the professional qualification and
independence of insurance brokers; whereas taking into account thegrowingrolesuchbrokersplayinadvisingthosebuyinginsuranceandfacing an increasing range of products as a result of the freedomtoprovide services, their professional qualification and independencewillbecomeessentialelementsforprotectionoftheconsumer,1990L0619—EN—09.10.2002—002.001—4
▼B
HASADOPTEDTHISDIRECTIVE:
TITLEI
General provisions
Article 1
TheobjectofthisDirectiveisto:
(a) supplementDirective79/267/EEC;
(b) laydownspecificprovisionsrelatingtofreedomtoprovideservices
in respect of the activities referred to in the said Directive, suchprovisionsbeingsetforthinTitleIIIofthisDirective.
Article 2
ForthepurposesofthisDirective:
(a) ‘FirstDirective’:meansDirective79/267/EEC;
(b) ‘undertaking’:
— for the purposes of Titles I and II, means any undertaking
which has received official authorization under Article 6 or
Article27oftheFirstDirective,
— for the purposes of Titles III and IV, means any undertaking
whichhasreceivedofficialauthorization underArticle6oftheFirstDirective;
(c) ‘establishment’:
means the head office, an agency or a branch of an undertaking,
havingregardtoArticle3;
(d) ‘commitment’:
meansacommitment representedbyoneofthekindsofinsurance
oroperationreferredtoinArticle1oftheFirstDirective;
(e) ‘MemberStateofthecommitment’:
means the Member State where the policy-holder has his habitual
residence or, if the policy-holder is a legal person, the MemberStatewherethelatter'sestablishment, towhichthecontract relates
issituated;
(f) ‘MemberStateofestablishment’:
means the Member State in which the establishment covering the
commitmentissituated;
(g) ‘MemberStateofprovisionofservices’:
means the Member State of the commitment where the commit-
ment is covered by an establishment situated in another Member
State;
(h) ‘parentundertaking’:
meansaparentundertakingwithinthemeaningofArticles1and2
ofDirective83/349/EEC(
1);
(i) ‘subsidiary’:
means a subsidiary undertaking within the meaning of Articles 1
and 2 of Directive 83/349/EEC; any subsidiary undertaking of a
subsidiary undertaking shall also be regarded as a subsidiary oftheparentundertakingwhichisattheheadofthoseundertakings.
Article 3
For the purposes of the First Directive and of this Directive, any
permanent presence of an undertaking in the territory of a MemberStateshallbetreatedinthesamewayasanagencyorbranch,evenifthatpresencedoesnottaketheformofabranchoragency,butconsists1990L0619—EN—09.10.2002—002.001—5
(1) OJNoL193,18.7.1983,p.1.
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merely of an office managed by the undertaking's own staff or by a
person who is independent but has permanent authority to act for theundertakingasanagencywould.
TITLEII
ProvisionssupplementarytotheFirstDirective
Article 4
1. The law applicable to contracts relating to the activities referred
to in the First Directive shall be the law of the Member State of thecommitment. However, where the law of that State so allows, thepartiesmaychoosethelawofanothercountry.
2. Where the policy-holder is a natural person and has his habitual
residenceinaMemberStateotherthanthatofwhichheisanational,the parties may choose the law ofthe Member State of which he isa
national.
3. WhereaStateincludesseveralterritorialunits,eachofwhichhas
itsownrulesoflawconcerningcontractualobligations,eachunitshall
beconsideredacountryforthepurposesofidentifyingthelawapplic-ableunderthisDirective.
AMemberStateinwhichvariousterritorialunitshavetheirownrules
of law concerning contractual obligations shall not be bound to applythe provisions of this Directive to conflicts which arise between thelawsofthoseunits.
4. NothinginthisArticleshallrestricttheapplicationoftherulesof
thelawoftheforuminasituationwheretheyaremandatory,irrespec-
tiveofthelawotherwiseapplicabletothecontract.
IfthelawofaMemberStatesostipulates, themandatoryrulesofthe
lawoftheMemberStateofthecommitment maybeappliedifandin
so far as, under the law of that Member State, those rules must beappliedwhateverthelawapplicabletothecontract.
5. Subject to the preceding paragraphs, the Member States shall
apply to the assurance contracts referred to in this Directive theirgeneralrulesofprivateinternationallawconcerningcontractualobliga-tions.
Article 5
ThefollowingparagraphisaddedtoArticle23oftheFirstDirective:
‘3. Each Member State shall take all steps necessary to ensure
that the authorities responsible forsupervisingassurance undertak-ings have the powers and means necessary for supervision of theactivities of assurance undertakings established within their terri-tory, including activities engaged in outside that territory, inaccordance with the Council Directives governing those activities
andforthepurposeofensuringthattheyareimplemented.
Those powers and meanst must, in particular, enable the supervi-
soryauthoritiesto:
— makedetailedinquiresabouttheundertaking'ssituationandthe
wholeofitsbusiness, inter aliaby:
— gathering information or requiring the submission of docu-
mentsconcerningassurancebusiness,
— carrying out on-the-spot investigations at the undertaking's
premises,
— take any measures, with regard to the undertaking, which are
appropriate and necessary to ensure that the activities of the
undertaking remain in conformity with the laws, regulations
and administrative provisions with which the undertaking hasto comply in each Member State and in particular with thescheme of operations insofar as it remains mandatory, and toprevent or remove any irregularities prejudicial to the interestsofpolicyholders,1990L0619—EN—09.10.2002—002.001—6
▼B
— ensurethatmeasuresrequiredbythesupervisoryauthoritiesare
carried out, if need be by enforcement, where appropriatethroughjudicialchannels.
MemberStatesmayalsomakeprovisionforthesupervisoryautho-
rities to obtain any information regarding contracts which is heldbyintermediaries.’
Article 6
1. Article25oftheFirstDirectiveisherebydeleted.
Article 7
Article22(2)oftheFirstDirectiveisreplacedbythefollowing:
‘2. The Italian Republic shall take all steps to ensure that the
requirement that undertakings established in its territory cede partof their underwriting to the “Istituto Nazionale di Assicurazioni”isabolishednolaterthan20November1994.’
Article 8
1. The heading of Title III of the FirstDirective is replaced bythe
following:
‘TITLEIIIA
Rules applicable to agencies or branches established within the
Community and belonging to undertakings whose head offices
areoutsidetheCommunity’
2. The following heading is placed after Article 32 of the First
Directive:
‘TITLEIIIB
Rules applicable to subsidiaries of parent undertakings
governed by the laws of a third country and to acquisitions ofholdingsbysuchparentundertakings’.
Article 9
ThefollowingArticlesareaddedtoTitleIIIBoftheFirstDirective:
‘Article 32a
The competent authorities of the Member States shall inform the
Commission:
(a) of any authorization of a direct of indirect subsidiary one or
more parent undertakings of which are governed by the lawsofathirdcountry.TheCommissionshallinformtheCommittee
referredtoinArticle32b(6)accordingly;
(b) whenever such a parent undertaking acquires a holding in a
Community insurance undertaking which would turn the latterinto its subsidiary. The Commission shall inform the
CommitteereferredtoinArticle32b(6)accordingly.
Whenauthorizationisgrantedtothedirectorindirectsubsidiaryof
oneormoreparentundertakingsgovernedbythelawofthirdcoun-tries, the structure of the groupe shall be specified in the
notification which the competent authorities shall address to the
Commission.
Article 32b
1. The Member States shall inform the Commission of any
general difficulties encountered by their insurance undertakings in1990L0619—EN—09.10.2002—002.001—7
▼M1
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establishing themselves or carrying on their activities in a third
country.
2. Initiallynolaterthansixmonthsbeforethedatereferredtoin
thesecondparagraphofArticle30ofDirective90/619/EEC(1),and
thereafter periodically, the Commission shall draw up a reportexamining the treatment accorded to Community insurance under-
takings in third countries, in the terms referred to in paragraphs 3
and 4, as regards establishment and the carrying on of insuranceactivities,andtheacquisitionofholdingsinthird-countryinsuranceundertakings. The Commission shall submit those reports to theCouncil,togetherwithanyappropriateproposals.
3. WheneveritappearstotheCommission,eitheronthebasisof
thereportsreferredtoinparagraph2oronthebasisofotherinfor-mation, that a third country is not granting Community insurance
undertakings effective market access comparable to that granting
Community to insurance undertakings effective market accesscomparable to that granted bythe Community to insurance under-takings from that third country, the Commission may submitproposals to the Council for the appropriate mandate for negotia-tion with a view to obtaining comparable competitive
opportunities for Community insurance undertakings. The Council
shalldecidebyaqualifiedmajority.
4. WheneveritappearstotheCommission,eitheronthebasisof
thereportsreferredtoinparagraph2oronthebasisofotherinfor-
mation, that Community insurance undertakings in a third countryare not receiving national treatment offering the same competitiveopportunities as are available to domestic insurance undertakingsand that the conditions of effective market access are not being
fulfilled, the Commission may initiate negotiations in order to
remedythesituation.
Inthecircumstancesdescribedinthefirstsubparagraph,itmayalso
bedecidedatanytime,andinadditiontoinitiatingnegociations,in
accordance with the procedure laid down in Article 32b (6), thatthe competent authorities of the Member States must limit orsuspendtheirdecisions:
— regarding requests pending at the moment of the decision or
futurerequestsforauthorizations,and
— regardingtheacquisitionofholdingsbydirectorindirectparent
undertakingsgovernedbythelawsofthethirdcountryinques-tion.
The duration of the measures referred to may not exceed three
months.
Before the end of that three-month period, and in the light of the
results of the negotiations, the Council may, acting on a proposalfrom the Commission, decide by a qualified majority whether themeasuresshallbecontinued.
Such limitations or suspension may not apply to the setting up of
subsidiaries by insurance undertakings or their subsidiaries dulyauthorized in the Community, or to the acquisition of holdings inCommunity insurance undertakings bysuch undertakings or subsi-diaries.
5. WheneveritappearstotheCommissionthatoneofthesitua-
tionsdescribedinparagraphs3and4hasarisen,theMemberStatesshallinformitatitsrequest:
(a) of any request for the authorization of a direct or indirect
subsidiary one or more parent undertakings of which are
governedbythelawsofthethirdcountryinquestion;
(b) ofanyplansforsuchanundertaking toacquire aholdingina
Community insurance undertaking such that the latter would
becomethesubsidiaryoftheformer.
This obligation to provide information shall lapse whenever an
agreementisreachedwiththethirdcountryreferredtoinparagraph1990L0619—EN—09.10.2002—002.001—8
▼B
3 or 4 when the measures referred to in the second and third
subparagraphsofparagraph4ceasetoapply.
6. The Commission shall be assisted by a committee composed
of the representatives of the Member States and chaired by the
representativeoftheCommission.
The representative of the Commission shall submit to the
committeeadraftofthemeasurestobetaken.Thecommitteeshalldeliver its opinion on the draft within a time limit which the
chairman may lay down according to the urgency of the matter.
TheopinionshallbedeliveredbythemajoritylaiddowninArticle148(2)oftheTreatyinthecaseofdecisionswhichtheCouncilisrequiredtoadoptonaproposalfromtheCommission.ThevotesoftherepresentativesoftheMemberStateswithinthecommitteeshallbe weighted in the manner set out in that Article. The chairman
shallnotvote.
TheCommissionshalladoptthemeasuresenvisagediftheyarein
accordancewiththeopinionofthecommittee.
Ifthemeasuresenvisagedarenotinaccordancewiththeopinionof
thecommittee,orifnoopinionisdelivered,theCommissionshall,without delay, submit to the Council a proposal relating to themeasurestobetaken.TheCouncilshallactbyaqualifiedmajority.
If, on the expiry of a period to be laid down in each act to be
adopted bythe Council underthisparagraph butwhichmay inno
caseexceed three monthsfrom the date ofreferral tothe Council,theCouncilhasnotacted,theproposedmeasuresshallbeadoptedbytheCommission,savewheretheCouncilhasdecidedagainstthesaidmeasuresbyasimplemajority.
7. Measures taken under this Article shall comply with the
Community'sobligationsunderanyinternational agreements,bilat-
eral or multilateral, governing the taking-up and pursuit of the
businessofinsuranceundertakings.
(
1) OJNoL330,29.11.1990,p.50.’
TITLEIII
Provisionsrelatingspecifically tothefreedomtoprovideservices
Article 11
Anyundertaking that intends tocarry onbusinessforthe first time in
oneormoreMemberStatesunderthefreedomtoprovideservicesshallfirstinformthecompetentauthoritiesofthehomeMemberState,indi-catingthenatureofthecommitmentsitproposestocover.
Article 14
1. Within one month of the notification provided for in Article 11,
the competent authorities of the home Member State shall communi-
cate to the Member State or Member States within the territory ofwhich the undertaking intends to carry on business by way of thefreedomtoprovideservices:
(a) a certificate attesting that the undertaking has the minimum
solvency margin calculated in accordance with Articles 19and 20
ofDirective79/267/EEC;
(b) theclasseswhichtheundertakinghasbeenauthorizedtooffer;(c) the nature of the commitments which the undertaking proposes to
coverintheMemberStateoftheprovisionofservices.1990L0619—EN—09.10.2002—002.001—9
▼M1
▼M1
Atthesametime,theyshallinformtheundertakingconcernedaccord-
ingly.
2. Where the competent authorities of the home Member State do
notcommunicatetheinformationreferredtoinparagraph1withintheperiod laid down, they shall give the reasons for their refusal to theundertaking within that same period. The refusal shall be subject to a
righttoapplytothecourtsinthehomeMemberState.
3. Theundertakingmaystartbusinessonthecertifieddateonwhich
it is informed of the communication provided for in the first subpara-
graphofparagraph1.
Article 15
1. Each Member State shall prescribe that a policyholder who
concludes an individual life-assurance contract shall have a period of30 calendar days, from the time when he was informed that thecontracthadbeenconcluded,withinwhichtocancelthecontract.
Thegivingofnoticeofcancellationbythepolicy-holdershallhavethe
effect of releasing himfromany future obligation arising fromthecontract.
Theotherlegaleffectsandtheconditionsofcancellationshallbedeter-
mined by the law applicable to the contract as defined in Article 4,notably as regards the arrangements for informing the policy-holderthatthecontracthasbeenconcluded.
2. TheMemberStatesneednotapplyparagraph1tocontractsofsix
months'durationorless,norwhere,becauseofthestatusofthepolicy-holder or the circumstances in which the contract is concluded, thepolicy-holder does not need this special protection. Member Statesshallspecifyintheirruleswhereparagraph1isnotapplied.
Article 17
Any change which an undertaking intends to make to the information
referredtoinArticle11shallbesubjecttotheprocedureprovidedforinArticles11and14.
TITLEIV
Transitionalprovisions
Article 27
1. Inthecaseofgroupassurancecontractsenteredintobyvirtueof
the insured person's contract of employment or professional activity,
any Member State may, until 31 December 1994, limit the commit-ments for which it is the Member State of provision of services tothose entered into in accordance with the arrangements referred to inArticle12.
2. MemberStatesmay, uptothree yearsatthe latest after thedate
of application laid down in the second paragraph of Article 30,considerthatthepolicy-holdershallbedeemedtohavetakentheinitia-tiveonlyinthecaseprovidedforinthefirstindentofArticle13(1).1990L0619—EN—09.10.2002—002.001—10
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▼M1
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TITLEV
Finalprovisions
Article 28
The Commission and the competent authorities of the Member States
shall collaborate closely with a view to facilitating the supervision ofthekindsofinsuranceandtheoperationsreferredtointheFirstDirec-
tivewithintheCommunity.
EachMemberStateshallinformtheCommissionofanymajordifficul-
ties to which application of this Directive gives rise, inter aliaany
arising if a Member State becomes aware of an abnormal transfer ofbusinessreferredtointhefirstDirectivetothedetriment ofundertak-ings established in its territory and to the advantage of agencies and
brancheslocatedjustbeyonditsborders.
The Commission and the competent authorities of the Member States
concerned shall examine such difficulties as quickly as possible inordertofindanappropriatesolution.
Wherenecessary,theCommissionshallsubmitappropriateproposalsto
theCouncil.
Article 29
The Commission shall forward to the European Parliament and the
Council regular reports,the firston20November1995,onthe devel-opment of the market in assurance and operations transacted underconditionsoffreedomtoprovideservices.
Article 30
Member States shall amend their national provisions to comply with
this Directive within 24 months of the date of its notification(
1)and
shallforthwithinformtheCommissionthereof.
Theprovisionsamendedinaccordancewiththefirstparagraphshallbe
appliedwithin30monthsofthedateofnotificationofthisDirective.
Article 31
UponnotificationofthisDirective,MemberStatesshallensurethatthe
texts of the main laws, regulations or administrative provisions whichthey adopt in the field covered bythisDirective are communicated totheCommission.
Article 32
ThisDirectiveisaddressedtotheMemberStates.1990L0619—EN—09.10.2002—002.001—11
(1) ThisDirectivewasnotifiedtotheMemberStateson20November1990.
▼B
ANNEX
A.Statement to be signed by the policy-holder under Article 13 (1), second
indent
‘IherebystatethatIwish(nameofintermediary)toprovidemewithinfor-
mation on assurance contracts offered by undertakings established in
Member States other than (Member State of habitual residence of policy-
holder). I understand that such undertakings are subject to the supervisory
arrangementsoftheStateinwhichtheyareestablishedandnottothesuper-
visory arrangements of (Member State of habitual residence of policy-holder).’
B.Statement to be signed by the policy-holder under Article 13 (2)
‘Iherebytakenotethat(nameofassurer)isestablishedin(MemberStateof
establishmentofassurer)andIrealizethatsupervisionofthatassureristhe
responsibility of the supervisory authorities in (Member State of establish-
ment of assurer) and not the responsibility of the authorities in (Member
Stateofhabitualresidenceofpolicy-holder).’1990L0619—EN—09.10.2002—002.001—12