CELEX: 51990PC0305
Language: en
Date: 1990-07-02
Title: AMENDMENT TO THE PROPOSAL FOR A SECOND COUNCIL DIRECTIVE ON THE COORDINATION OF LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO DIRECT LIFE ASSURANCE, LAYING DOWN PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF FREEDOM TO PROVIDE SERVICES AND AMENDING DIRECTIVE 79/267/EEC

N o C 179/14                            Official Journal of the European Communities                                 19. 7. 90
    '(ha) In order to protect the manufacturers, the                           production phase has complied       with    the
          technical documentation provided to notified                         requirements of the Directives.'
          bodies has to be limited to that which is
          required solely for the purpose of assessment             10. A new point (la) is added to the Annex, Part I:
          of conformity with the essential requirements.
          Legal protection of confidential information                  '(la) This Decision can be reviewed        after   the
          shall be required.'                                                  Directive on the CE mark.'
 9. The text of point (1) of the Annex, Part I is replaced          11. The following new third paragraph is added to the
    by the following:                                                   Annex, Part II, Module B, point 5:
    '(1)  The CE mark (accompanied, wherever appro-                     'If the manufacturer is denied a type certification,
          priate, by the identification symbol of the third             the notified body shall provide detailed reasons for
          party involved in the control of the production               such denial. An appeal procedure must be provided
          phase) shall be affixed only where the                        for.'
             Amendment to the proposal for a Second Council Directive on the coordination of laws, regu-
             lations and administrative provisions relating to direct life assurance, laying down provisions to
             facilitate the effective exercise of freedom to provide services and amending Directive
                                                           79/267/EEC
                                                COM(90) 305 final — SYN 177
                         (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty)
                                                         (90/C 179/24)
             After the twelfth recital, the following recital is inserted:
                   'Whereas nothing in this Directive would prevent a composite undertaking from dividing
                   itself into two undertakings, one active in the field of life assurance and the other in that
                   of non-life insurance; whereas in order to allow such division to take place under the best
                   possible conditions, it is desirable to permit Member States, in accordance with the
                   Community rules on competition, to provide for appropriate tax arrangements, in
                   particular with regard to the capital gain such division might entail;'
             After the last recital the following recital is inserted:
                   'Whereas it will be particularly important to allow those Member States which so wish a
                   sufficiently long period in which to adopt the appropriate provisions in order to ensure the
                   professional qualification and independence of insurance brokers; whereas in view of the
                   increasingly important role such brokers play in advising those buying insurance and
                   facing an increasing offer of products owing to the achievement of freedom to provide
                   services, their professional qualification and independence will become essential factors in
                   the protection of the consumer;'