CELEX: 51990PC0344
Language: en
Date: 1990-08-31
Title: PROPOSAL FOR A COUNCIL DIRECTIVE SETTING-UP AN INSURANCE COMMITTEE

15. 9. 90                            Official Journal of the European Communities                             No C 230/5
                                                             II
                                                     (Preparatory Acts)
                                                COMMISSION
                           Proposal for a Council Directive setting-up an Insurance Committee
                                              COM(90) 344 final — SYN 286
                                      (Submitted by the Commission on 24 July 1990)
                                                       (90/C 230/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS DIRECTIVE:
Having regard to the Treaty establishing the European
                                                                                          Article 1
Economic Community, and in particular the third
sentence of Article 57 (2) thereof,                               1.   The Commission shall be assisted by a committee
                                                                 called the 'Insurance Committee', hereinafter called the
                                                                 'Committee', composed of representatives of Member
Having regard to the proposal from the Commission,               States and chaired by the representative of the
                                                                 Commission.
In cooperation with the European Parliament,
                                                                 2.    The Committee shall adopt its own rules of
                                                                 procedure.
Whereas the Council shall confer on the Commission
powers for the implementation of the rules which the
Council lays down;
                                                                                          Article 2
                                                                 1.    Where the Council, in the acts which it adopts in
Whereas implementation measures are necessary for the            the field of direct non-life insurance and direct life
application of Council Directives on non-life insurance          insurance, confers on the Commission powers for the
and life assurance, and, in particular, technical adap-          implementation of the rules which it lays down, the
tations may from time to time be necessary to take               procedure set out in paragraph 2 shall apply.
account of new developments in the insurance sector;
whereas it is appropriate that these measures shall be
taken in accordance with the procedure laid down in
                                                                 2.    The representative of the Commission shall submit
Article 2, procedure III, variant (a) of Council Decision        to the Committee a draft of the measures to be taken.
87/373/EEC of 13 July 1987 laying down the                       The Committee shall deliver its opinion on the draft
procedures for the exercise of implementing powers               within a time limit which the chairman may lay down
conferred on the Commission ( l );                               according to the urgency of the matter. The opinion
                                                                 shall be delivered by the majority laid down in Article
                                                                  148 (2) of the Treaty in the case of decisions which the
Whereas it is necessary for this purpose to set up an            Council is required to adopt on a proposal from the
Insurance Committee;                                             Commission. The votes of the representatives of the
                                                                 Member States within the Committee shall be weighted
                                                                 in the manner set out in that Article. The chairman shall
Whereas the examination of matters of non-life                   not vote.
insurance and life assurance makes cooperation desirable
between the competent authorities and the Commission;
whereas it is appropriate to confer this task to the             The Commission shall adopt the measures envisaged if
Insurance Committee,                                             they are in accordance with the opinion of the
                                                                 Committee.
                                                                 If the measures envisaged are not in accordance with the
(') OJ No L 197, 18. 7. 1987, p. 33.                             opinion of the Committee, or if no opinion is delivered,
 ---pagebreak--- No C 230/6                           Official Journal of the European Communities                               15. 9. 90
the Commission shall, without delay, submit to the             (b) the preparation of new proposals to the Council
Council a proposal relating to the measures to be taken.           concerning further coordination in the sphere of
The Council shall act by a qualified majority.                     non-life insurance and life assurance, at the request
                                                                   of the Commission.
If, on the expiry of a period of three months from the
date of referral to the Council, the Council has not
acted, the proposed measures shall be adopted by the           2.   The Committee shall not consider problems relating
Commission.                                                    to individual insurance undertakings.
                        Article 3                                                       Article 4
1.    The Committee shall examine any question relating        The Committee      shall  assume   its functions  on    30
to:                                                            September 1991.
(a) the application of directives on non-life insurance
    and life assurance referred to it by the Commission                                 Article 5
    or at the request of a representative of a Member
    State;                                                     This Directive is adressed to the Member States.