Directive 2008/36/EC of the European Parliament and of the Council of 11 March 2008 amending Council Directive 92/49/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance, as regards the implementing powers conferred on the Commission
Date: 2008-03-11
Institutions: Council of the European Union, European Parliament
Subjects: European Commission, approximation of laws, freedom to provide services, insurance, insurance company, powers of the institutions (EU), right of establishment

20.3.2008

EN

Official Journal of the European Union

L 81/69

DIRECTIVE 2008/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

amending Council Directive 92/49/EEC on the coordination of laws, regulations and administrative
provisions relating to direct insurance other than life assurance, as regards the implementing
powers conferred on the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty
establishing the European
Community, and in particular Article 47(2) and Article 55
thereof,

concerning Decision 2006/512/EC,
for the regulatory
procedure with scrutiny to be applicable to instruments
adopted in accordance with the procedure referred to in
Article 251 of the Treaty which are already in force,
those instruments must be adjusted in accordance with
the applicable procedures.

Having regard to the proposal from the Commission,

(4)

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

(2)

(3)

Directive 92/49/EEC (3) 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
implementing powers
the exercise of
conferred on the Commission (4).

the

introduced

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

In accordance with the statement by the European
the Commission (5)
Parliament,

the Council

and

(1) OJ C 161, 13.7.2007, p. 45.
(2) Opinion of

the European Parliament of 10 July 2007 (not yet
published in the Official Journal) and Council Decision of 3 March
2008.

(3) OJ L 228, 11.8.1992, p. 1. Directive as last amended by Directive
2007/44/EC of the European Parliament and of the Council
(OJ
L 247, 21.9.2007, p. 1).

(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(5) OJ C 255, 21.10.2006, p. 1.

the

solvency margin,

technical developments

The Commission should be empowered to adopt the
measures necessary for the implementation of Directives
73/239/EEC (6), 88/357/EEC (7) and 92/49/EEC in order
to take account of
in the
insurance sector or on financial markets and to ensure
uniform application of those Directives. More particular-
ly, those measures are designed to extend the list of legal
forms, amend the list of classes of insurance or adapt the
terminology used in that list, clarify the items consti-
tuting
the minimum
guarantee fund, amend the list of assets acceptable as
cover for technical provisions and the rules on the
spreading of investments, change the relaxations in the
matching rules
those
measures are of general scope and are designed to
Directives
amend
of
inter alia, by
73/239/EEC, 88/357/EEC and 92/49/EEC,
supplementing them with new non-essential elements,
they must be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC.

and clarify definitions. Since

non-essential

elements

alter

(5)

Directive 92/49/EEC should therefore be
accordingly.

amended

(6)

Since the amendments made to Directive 92/49/EEC by
in nature and concern
this Directive are technical
they do not need to be
committee procedure only,
transposed by the Member States.
is therefore not
necessary to lay down provisions to that effect,

It

(6) First Council Directive 73/239/EEC of 24 July 1973 on the coordi-
nation of laws, regulations and administrative provisions relating to
the taking-up and pursuit of the business of direct insurance other
than life assurance (OJ L 228, 16.8.1973, p. 3). Directive as last
amended by Directive 2006/101/EC (OJ L 363, 20.12.2006, p. 238).
(7) Second Council Directive 88/357/EEC of 22 June 1988 on the
coordination of
regulations and administrative provisions
relating to direct insurance other than life insurance and laying
down provisions to facilitate the effective exercise of freedom to
provide services (OJ L 172, 4.7.1988, p. 1). Directive as last
amended by Directive 2005/14/EC of
the European Parliament
and of the Council (OJ L 149, 11.6.2005, p. 14).

laws,

L 81/70

EN

Official Journal of the European Union

20.3.2008

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

In Article 51 of Directive 92/49/EEC, the introductory wording
shall be replaced by the following:

Article 2

Entry into force

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

Article 3

Addressees

This Directive is addressed to the Member States.

‘The following technical adjustments designed to amend non-
essential elements of Directives 73/239/EEC and 88/357/EEC
inter alia, by supplementing them, shall
and of this Directive,
be adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 2 of Directive 91/675/EEC:’.

Done at Strasbourg, 11 March 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J. LENARČIČ