15. 9. 90 Official Journal of the European Communities No C 230/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive setting-up an Insurance Committee 
COM(90) 344 final — SYN 286 
(Submitted by the Commission on 24 July 1990) 
(90/C 230/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular the third 
sentence of Article 57 (2) thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Whereas the Council shall confer on the Commission 
powers for the implementation of the rules which the 
Council lays down; 
Whereas implementation measures are necessary for the 
application of Council Directives on non-life insurance 
and life assurance, and, in particular, technical adap­
tations may from time to time be necessary to take 
account of new developments in the insurance sector; 
whereas it is appropriate that these measures shall be 
taken in accordance with the procedure laid down in 
Article 2, procedure III, variant (a) of Council Decision 
87/373/EEC of 13 July 1987 laying down the 
procedures for the exercise of implementing powers 
conferred on the Commission (l); 
Whereas it is necessary for this purpose to set up an 
Insurance Committee; 
Whereas the examination of matters of non-life 
insurance and life assurance makes cooperation desirable 
between the competent authorities and the Commission; 
whereas it is appropriate to confer this task to the 
Insurance Committee, HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. The Commission shall be assisted by a committee 
called the 'Insurance Committee', hereinafter called the 
'Committee', composed of representatives of Member 
States and chaired by the representative of the 
Commission. 
2. The Committee shall adopt its own rules of 
procedure. 
Article 2 
1. Where the Council, in the acts which it adopts in 
the field of direct non-life insurance and direct life 
insurance, confers on the Commission powers for the 
implementation of the rules which it lays down, the 
procedure set out in paragraph 2 shall apply. 
2. The representative of the Commission shall submit 
to the Committee a draft of the measures to be taken. 
The Committee shall deliver its opinion on the draft 
within a time limit which the chairman may lay down 
according to the urgency of the matter. The opinion 
shall be delivered by the majority laid down in Article 
148 (2) of the Treaty in the case of decisions which the 
Council is required to adopt on a proposal from the 
Commission. The votes of the representatives of the 
Member States within the Committee shall be weighted 
in the manner set out in that Article. The chairman shall 
not vote. 
The Commission shall adopt the measures envisaged if 
they are in accordance with the opinion of the 
Committee. 
(') OJ No L 197, 18. 7. 1987, p. 33. If the measures envisaged are not in accordance with the 
opinion of the Committee, or if no opinion is delivered, 
No C 230/6 Official Journal of the European Communities 15. 9. 90 
the Commission shall, without delay, submit to the 
Council a proposal relating to the measures to be taken. 
The Council shall act by a qualified majority. 
If, on the expiry of a period of three months from the 
date of referral to the Council, the Council has not 
acted, the proposed measures shall be adopted by the 
Commission. 
Article 3 
1. The Committee shall examine any question relating 
to: 
(a) the application of directives on non-life insurance 
and life assurance referred to it by the Commission 
or at the request of a representative of a Member 
State; (b) the preparation of new proposals to the Council 
concerning further coordination in the sphere of 
non-life insurance and life assurance, at the request 
of the Commission. 
2. The Committee shall not consider problems relating 
to individual insurance undertakings. 
Article 4 
The Committee shall assume its functions on 30 
September 1991. 
Article 5 
This Directive is adressed to the Member States.