Proposal for a Directive of the European Parliament and of the Council Amending Council Directive 91/675/EEC setting up a European insurance and occupational pensions committee, as regards the implementing powers conferred to the Commission
Date: 2006-12-22
Institutions: European Commission
Subjects: European Commission, advisory committee (EU), insurance, life assurance, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 925 final 

2006/0292 (COD) 

Proposal for a  

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Amending 

Council Directive 91/675/EEC setting up a European insurance and occupational 
pensions committee, as regards the implementing powers conferred to the Commission 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
2006/0292 (COD) 

Proposal for a  

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Amending 

Council Directive 91/675/EEC setting up a European insurance and occupational 
pensions committee, as regards the implementing powers conferred to the Commission 

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF  THE  EUROPEAN 
COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 47(2) thereof, 

Having regard to the proposal of the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(1) 

(2) 

Directive 91/675/EC4 provides that certain measures are to be adopted in accordance 
with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for 
the exercise of implementing powers conferred on the Commission5. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC which introduced 
a  regulatory  procedure  with  scrutiny  to  be  used  for  the  adoption  of  implementing 
measures  of  general  scope  which  seek  to  amend  non-essential  elements  of  a  basic 
instrument adopted in accordance with the procedure referred to in Article 251 of the 
Treaty,  including  by  deleting  some  of  those  elements  or  by  supplementing  the 
instrument by the addition of new non-essential elements. 

1 
2 
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4 

5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  375,  31.12.1985,  p. 3.  Directive  as  last  amended  by  Directive  2005/1/EC  of  the  European 
Parliament and of the Council (OJ L 79, 24.3.2005, p. 9). 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

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(3) 

(4) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission6 on Decision 2006/512/EC, instruments which are already in force must 
be  adjusted  in  accordance  with  the  applicable  procedures.  That  statement  indicates  a 
list  of  instruments  which  should  be  adjusted  as  a  matter  of  urgency,  including 
Directive  2005/1/EC.  To  align  this  Directive,  Directive  91/675/EC  should  be 
amended. 

The measures necessary for the implementation of Directives in the field of direct non-
life insurance and direct life insurance, reinsurance and occupational pensions should 
be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission. When those measures are of general scope and are designed, to amend 
non-essential  elements  or  supplement  such  Directives  by  the  addition  of  new  non-
essential  elements  of,  they  should  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(5) 

Directive 91/675/EEC should therefore be amended accordingly. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Article 2 of Directive 91/675/EC is replaced by the following: 

"Article 2 

"1.  Where  acts  adopted  in  the  field  of  direct  non-life  insurance  and  direct  life 
assurance, reinsurance and occupational pensions confer on the Commission powers 
to adopt measures falling under Article 2 (1) (b) of Council Decision 1999/468/EC7 
for rules which they lay down, Articles 5 and 7 of this decision shall apply, having 
regard to the provisions of Article 8 thereof. 

2.  Where  acts  adopted  in  the  field  of  direct  non-life  insurance  and  direct  life 
assurance, reinsurance and occupational pensions confer on the Commission powers 
to  adopt  measures  falling  under  Article  2  (2)  of  Decision  1999/468/EC  for  rules 
which they lay down, Article 5a(1) to (4), and Article 7 of this decision shall apply, 
having regard to the provisions of Article 8 thereof." 

6 
7 

OJ C 255, 21.10.2006, p. 1. 
OJ L 184, 17.7.1999, p. 23. 

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This  Directive  shall  enter  into  force  on  the  [..]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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