CELEX: 51988PC0805
Language: en
Date: 1989-01-15
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON GUARANTEES ISSUED BY CREDIT INSTITUTIONS OR INSURANCE UNDERTAKINGS

No C 51/6                               Official Journal of the European Communities                                   28. 2. 89
                                                               II
                                                        (Preparatory Acts)
                                                  COMMISSION
              Proposal for a Council Regulation (EEC) on guarantees issued by credit institutions or
                                                     insurance undertakings
                                                COM(88) 805 final — SYN 180
                                      (Submitted by the Commission on 5 January 1989)
                                                          (89/C 51/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            (7) Whereas First Council Directive 77/780/EEC of
                                                                        12 December 1977 on the coordination of the laws,
                                                                        regulations and administrative provisions relating to
Having regard to the Treaty establishing the European                   the taking up and pursuit of the business of credit
Economic Community, and in particular Article 100A                      institutions ('), as last amended by Directive
thereof,                                                                86/524/EEC (2), provides for a Community system
                                                                        for licensing and supervising credit institutions;
Having regard to the proposal from the Commission,                  (8) Whereas First Council Directive 73/239/EEC of
                                                                        24 July 1973 on the coordination of laws, regulations
                                                                        and administrative provisions relating to the
In cooperation with the European Parliament,                            taking-up and pursuit of the business of direct
                                                                        insurance other than life insurance (3), as last
                                                                        amended by Directive 87/344/EEC (4), provides for
Having regard to the opinion of the Economic and                        a Community system for licensing and supervising
Social Committee,                                                       insurance undertakings;
                                                                    (9) Whereas it appears inappropriate that authorities
(1) Whereas the Treaty, in Article 59, enshrines the                    other than those in charge of prudential supervision
    principle of freedom to provide services;                           of these institutions judge the creditworthiness of
                                                                        credit institutions or insurance companies acting as
                                                                        guarantors,
(2) Whereas many public authorities, when demanding
    guarantees, ask for guarantees issued by a resident of
    their national territory, which conflicts with that             HAS ADOPTED THIS REGULATION:
    principle;
                                                                                                Article 1
(3) Whereas the Treaty principle of non-discrimination is           Obligation to accept guarantees issued by              credit
    directly applicable and does not require implementing
                                                                               institutions or insurance undertakings
    legislation;
                                                                    A public authority which requires to be secured for
                                                                    payment of an actual or potential debt or for respect of
(4) Whereas public authorities have a certain discretion            any other obligation shall be bound to accept a
    in judging the acceptability of the guarantor;                  guarantee issued by any credit institution licensed
                                                                    pursuant to Article 3 of Directive 77/780/EEC or by
                                                                    any insurance undertaking authorized for the class of
(5) Whereas public authorities also have a particular               suretyship insurance according to Articles 6 and 7 of
    responsibility for the establishment and functioning            Directive 73/239/EEC.
    of the internal market;
(6) Whereas this responsibility calls for a limitation of           0)  OJ No   L 322,  17. 12. 1977, p. 30.
    the discretion of public authorities in the case of a           O   OJ No   L 309,  4. 11. 1986, p. 15.
    specific financial service provided by institutions             O   OJ No   L 228,  16. 8. 1973, p. 3.
    supervised on the basis of Community rules;                     (4) OJ No   L 185,  4. 7. 1987, p. 77.
 ---pagebreak--- 28. 2. 89                              Official Journal of the European Communities                               No C 51/7
                          Article 2                                   — an insurance undertaking authorized for the class
                                                                          of suretyship insurance pursuant to Articles 6 and
            Amendment of existing legislation                             7 of Council Directive 73/239/EEC (2), or
                                                                      — any other natural or legal third person established
Article 27 (3) of Council Regulation (EEC) No 222/77
                                                                          in the Community and approved as guarantor by
of 13 December 1976 on Community transit (') is hereby
                                                                          the Member State in which the guarantee is
replaced by the following:
                                                                          provided.
    '3.    Subject to Article 33 (2), the guarantee shall
    consist of the joint and several guarantee of either:             (2) OJ No L 228, 16. 8. 1973, p. 23.'
    — a credit institution licensed pursuant to Article 3                                   Article 3
        of Council Directive 77/780/EEC (»), or                                         Entry into force
                                                                  This Regulation shall enter into force on . . . (the first
    0) OJ No L 322, 17. 12. 1977, p. 30.                          day of the month following the adoption).
                                                                  This Regulation shall be binding in its entirety and
(') OJ No L 38, 9. 2. 1977, p. 1.                                 directly applicable in all Member States.
              Proposal for a Council Decision establishing the Lingua programme to promote training in
                                        foreign languages in the European Community
                                                      COM(88) 841 final
                                      (Submitted by the Commission on 9 January 1989)
                                                         (89/C 51/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES;                          whose technical and teaching skills should be developed,
                                                                  shall be one of the basic factors of any effective voca-
                                                                  tional training policy; whereas its tenth principle
Having regard to the Treaty establishing the European             provides that special measures may be taken in respect of
Economic Community, and in particular to Article 128              special problems concerning specific sectors of activity or
thereof,                                                          specific categories of persons;
Having regard to Council Decision 63/266/EEC of
2 April 1963 laying down general principles for                   Whereas the Treaty provides, in Article 52, for the
 implementing a common vocational training policy O ,             abolition of restrictions on the freedom of establishment,
and in particular the seventh principle thereof,                  and, in Article 59, for the abolition on restrictions on the
                                                                  freedom to provide services; whereas the Treaty also
                                                                  provides for the establishment of freedom of movement
                                                                  of workers, and requires the Council to adopt the
 Having regard to the proposal from the Commission,               measures necessary for its establishment; whereas an
                                                                  increase in the capacity to communicate in foreign
                                                                  languages will further facilitate the achievement of these
Having regard       to   the   opinion    of  the  European       objectives;
Parliament,
Having regard to the opinion of the Economic and                  Whereas, by Directive 77/486/EEC (2), the Council has
 Social Committee,                                                laid down measures to be taken for the initial training
                                                                  and further training of teachers to facilitate the reception
                                                                  of children of migrant workers;
Whereas the seventh principle of Decision 63/266/EEC
provides that the suitable training of teachers and
instructors, whose numbers should be increased and
O OJ No 63, 20. 4. 1963, p. 1338/63.                              (2) OJ No L 199, 6. 8. 1977, p. 32.