Directive 2008/21/EC of the European Parliament and of the Council of 11 March 2008 amending Council Directive 91/675/EEC setting up a European insurance and occupational pensions committee, as regards the implementing powers conferred on the Commission
Date: 2008-03-11
Institutions: Council of the European Union, European Parliament
Subjects: European Commission, committee (EU), insurance, life assurance, powers of the institutions (EU)

L 76/48

EN

Official Journal of the European Union

19.3.2008

DIRECTIVE 2008/21/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

establishing the European

Having regard to the proposal of the Commission,

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)

Council Directive 91/675/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
regulatory
2006/512/EC, which
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,
concerning Decision 2006/512/EC,
for the regulatory
procedure with scrutiny to be applicable to instruments

the Council

and

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.

life

insurance,
should be

the implementation of
The measures necessary for
directives in the field of direct non-life insurance and
reinsurance
direct
and occupational
pensions
adopted in accordance with
Decision 1999/468/EC. When those measures are of
general scope and are designed to amend non-essential
elements of such directives, inter alia by supplementing
them with new non-essential elements,
they must be
adopted in accordance with the regulatory procedure
of
scrutiny
with
Decision 1999/468/EC.

in Article

provided

for

5a

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

Since the amendments made to Directive 91/675/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

(4)

(5)

(6)

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

Directive 91/675/EEC is hereby amended as follows:

1. Article 2 shall be replaced by the following:

(1) OJ C 161, 13.7.2007, p. 45.
(2) Opinion of the European Parliament of 14 November 2007 (not yet
published in the Official Journal) and Council Decision of 3 March
2008.

(3) OJ L 374, 31.12.1991, p. 32. 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).

(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.

‘Article 2

Where reference is made to this Article, Article 5a(1) to (4)
and Article 7 of Decision 1999/468/EC (*) shall apply,
having regard to the provisions of Article 8 thereof.

___________
(*) OJ L 184, 17.7.1999, p. 23. Decision as amended by
Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).’;

19.3.2008

EN

Official Journal of the European Union

L 76/49

2. the following article shall be inserted:

‘Article 2a

Where reference is made to this Article, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

Article 3

Addressees

This Directive is addressed to the Member States.

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.’

Done at Strasbourg, 11 March 2008.

Article 2

Entry into force

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

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J. LENARČIČ