CELEX: 51990PC0278
Language: en
Date: 1990-06-20
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING, PARTICULARLY AS REGARDS MOTOR VEHICLE LIABILITY INSURANCE, FIRST COUNCIL DIRECTIVE 73/239/EEC AND SECOND COUNCIL DIRECTIVE 88/357/EEC ON THE COORDINATION OF LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO DIRECT INSURANCE OTHER THAN LIFE ASSURANCE

No C 180/6                                Official Journal of the European Communities                                   20. 7. 90
                                                                 II
                                                          (Preparatory Acts)
                                                    COMMISSION
               Amended proposal for a Council Directive amending, particularly as regards motor vehicle
               liability insurance, First Council Directive 73/239/EEC and Second Council Directive
               88/357/EEC on the coordination of laws, regulations and administrative provisions relating to
                                             direct insurance other than life assurance
                                                  COM(90) 278 final — SYN 179
               (Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty on 21 June 1990)
                                                           (90/C 180/05)
                         INITIAL PROPOSAL                                                AMENDED PROPOSAL
Proposal for a Council Directive amending, particularly               Proposal for a Council Directive amending, particularly
as regards motor vehicle liability insurance, First Council           as regards motor vehicle liability insurance, First Council
Directive 73/239/EEC, and Second Council Directive                    Directive 73/239/EEC, and Second Council Directive
88/357/EEC on the coordination of laws, regulations and               88/357/EEC on the coordination of laws, regulations and
administrative provisions relating to direct insurance                administrative provisions relating to direct insurance
other than life assurance and laying down provisions to                               other than life assurance
facilitate the effective exercise of freedom to provide
       services, and amending Directive 73/239/EEC
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European                                     Visas unchanged
Economic Community, and in particular Articles 57 (2)
and 66 thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and
Social Committee,
 ---pagebreak--- 20. 7. 90                               Official Journal of the European Communities                            N o C 180/7
                       INITIAL PROPOSAL                                                 AMENDED PROPOSAL
Whereas in order to develop the internal insurance                Whereas in order to develop the internal insurance
market the Second Council Directive 88/357/EEC of                 market, Directive 88/357/EEC ('), hereinafter referred
22 June 1988 on the coordination of laws, regulations             to as the 'Second Directive', on the coordination of laws,
and administrative provisions relating to direct insurance        regulations and administrative provisions relating to
other than life assurance and laying down provisions to           direct insurance other than life assurance and laying
facilitate the effective exercise of freedom to provide           down provisions to facilitate the effective exercise of
services and amending Directive 73/239/EEC (*), here-             freedom to provide services and amending Directive
inafter referred to as the 'Second Directive', made it            73/239/EEC (2), hereinafter referred to as the 'First
easier for insurance undertakings having their head               Directive', on the coordination of laws, regulations and
office in the Community to provide services in the                administrative provisions relating to the taking-up and
Member States, thus making it possible for policyholders          pursuit of the business of direct insurance other than life
to have recourse not only to insurers established in their        assurance, made it easier for insurance undertakings
own country, but also to insurers which have their head           having their head office in the Community to provide
office in the Community and are established in other              services in the Member States, thus making it possible for
Member States;                                                    policyholders to have recourse not only to insurers
                                                                  established in their own country, but also to insurers
                                                                  who have their head office in the Community and are
                                                                  established in other Member States;
Whereas the scope of the provisions of the Second                              Five following recitals unchanged
Directive specifically concerning freedom to provide
services excluded certain risks, the application to which
of the said provisions was rendered inappropriate at that
stage by the specific rules adopted by the Member States'
authorities, owing to the nature and social implications
of such provisions; whereas those exclusions were to be
re-examined after the Second Directive had been in force
for a certain period;
Whereas one of the exclusions concerned motor vehicle
liability insurance, other than carrier's liability;
Whereas, however, when the Second Directive was
adopted the Commission gave an undertaking to present
to the Council as soon as possible a proposal concerning
freedom to provide services in the area of insurance
against civil liability in respect of the use of motor
vehicles (other than carrier's liability);
Whereas, subject to the provisions of the Second
Directive concerning compulsory insurance, it is appro-
priate to provide for the possibility of large risk
treatment, within the meaning of Article 5 of the said
Directive, for the said insurance class of motor vehicle
liability;
Whereas large risk treatment should also be envisaged
for insurance covering damage to or loss of land motor
vehicles and land vehicles other than motor vehicles;
C) OJ No L 172, 4. 7. 1988, p. 1.                                 (') OJ No L 172, 4. 7. 1988, p. 1.
                                                                  (2) OJ No L 228, 16. 8. 1973, p. 3.
 ---pagebreak---  No C 180/8                             Official Journal of the European Communities                                20. 7. 90
                       INITIAL PROPOSAL                                                    AMENDED PROPOSAL
                                                                   Whereas the Second Directive laid down that the risks
                                                                   which may be covered by way of Community
                                                                   co-insurance within the meaning of Council Directive
                                                                   78/473/EEC of 30 May 1978 on the coordination of
                                                                   laws, regulations and administrative provisions relating
                                                                   to Community co-insurance (') were to be large risks as
                                                                   defined in the Second Directive,* whereas the inclusion
                                                                   by the present Directive of the motor insurance classes in
                                                                   the large risks definition of the Second Directive will
                                                                   have the effect of including those classes in the list of
                                                                   classes which may be covered by way of Community
                                                                   co-insurance;
                                                                   Whereas Council Directive 72/166/EEC of 24 April
                                                                   1972 on the approximation of the laws of the Member
                                                                   States relating to insurance against civil liability in
                                                                   respect of the use of motor vehicles, and to the
                                                                   enforcement of the obligation to insure against such
                                                                   liability (2), as last amended by Directive 84/5/EEC (3),
                                                                   built on the green card system and the agreements
                                                                  between the national motor insurers' bureaux in order to
                                                                   enable green card checks to be abolished;
Whereas to ensure the continued proper functioning of             Unchanged
the green card system and the agreements between the
national motor insurers' bureaux it is appropriate to
require insurance undertakings providing motor liability
insurance in a Member State by way of provision of
services to join and participate in the financing of the
bureau of that Member State;
                                                                  Whereas the Second Council Directive 84/5/EEC of 30
                                                                  December 1983 on the approximation of the laws of the
                                                                  Member States relating to insurance against civil liability
                                                                  in respect of the use of motor vehicles, as last amended
                                                                  by Directive 90/232/EEC (4), required the Member
                                                                  States to set up or authorize a body (guarantee fund)
                                                                  with the task of providing compensation to victims of
                                                                  accidents caused by uninsured or unidentified vehicles;
Whereas it is also appropriate to require insurance               Whereas it is also approporiate to require insurance
undertakings providing motor liability insurance in a             undertakings providing motor liability insurance in a
Member State by way of provision of services to join and          Member State by way of provision of services to join and
participate in the financing of the guarantee fund set up         participate in the financing of the guarantee fund set up
in that Member State to pay compensation to the victims           in that Member State;
of uninsured or unidentified vehicles;
                                                                  (*) OJ   No   L 151, 7. 6. 1978, p. 25.
                                                                  (2)  OJ  No   L 103, 2. 5. 1972, p. 1.
                                                                  O    OJ  No   L 8, 11. 1. 1984, p. 17.
                                                                  (") OJ   No   L 129, 19. 5. 1990, p. 33.
 ---pagebreak--- 20. 7. 90                             Official Journal of the European Communities                              N o C 180/9
                     INITIAL PROPOSAL                                                 AMENDED PROPOSAL
Whereas in order to ensure that third party claimants are       Unchanged
not prejudiced or put to greater inconvenience where the
motor liability insurer is operating by way of the
provision of services rather than by way of an estab-
lishment Member States shall require that insurance
undertakings intending to provide services in this
insurance class shall nominate a claims settlement
representative to be responsible for the processing and
settlement of third party claims;
                                                                Whereas in the field of motor liability insurance the
                                                                protection of the interests of persons suffering damage
                                                                who could pursue claims in fact concerns each and
                                                                everyone and that it is therefore advisable to ensure that
                                                                these persons are not prejudiced or put to greater incon-
                                                                venience where the motor liability insurer is operating by
                                                                way of provision of services rather than by way of estab-
                                                                lishment; whereas for this purpose, and in so far as the
                                                                interests of these persons are not sufficiently safeguarded
                                                                by the rules applying to the supplier of services in the
                                                                Member State in which it is established, it should be
                                                                provided that the Member State of provision of services
                                                                shall require the undertaking to appoint a representative
                                                                resident or established in its territory to collect all
                                                                necessary information in relation to claims and shall
                                                                possess sufficient powers to represent the undertaking in
                                                                relation to persons suffering damage who could pursue
                                                                claims, including the payment of such claims, and to
                                                                represent it or, where necessary, to have it represented
                                                                before the courts and authorities of that Member State in
                                                                relation to these claims; whereas this representative may
                                                                also be required to represent the undertaking before the
                                                                competent authorities of the Member State of provision
                                                                of services in relation to the control of the existence and
                                                                validity of a motor vehicle liability insurance policy;
                                                                Whereas provision should be made for a flexible
                                                                procedure to make it possible to assess reciprocity with
                                                                third countries on a Community basis; whereas the aim
                                                                of this procedure is not to close the Community's
                                                                financial markets but rather, as the Community intends
                                                                to keep its financial markets open to the rest of the
                                                                world, to improve the liberalization of the global
                                                                financial markets in third countries; whereas, to that
                                                                end, this Directive provides for procedures for nego-
                                                                tiating with third countries and, as a last resort, for the
                                                                possibility of taking measures involving the suspension of
                                                                new applications for authorization or the restriction of
                                                                new authorizations,
 ---pagebreak---  No C 180/10                              Official Journal of the European Communities                                  20. 7. 90
                        INITIAL PROPOSAL                                                   AMENDED PROPOSAL
 HAS ADOPTED THIS DIRECTIVE:                                         HAS ADOPTED THIS DIRECTIVE:
                            Article 1                                                           Article 1
 For the purposes of this Directive:                                 For the purposes of this Directive:
 (a) 'First Directive'means    Directive 73/239/EEC (');             (a) 'First Directive'means   Directive 73/239/EEC;
 (b) 'Second Directive'means      Directive 88/357/EEC;              (b) 'Second Directive'means      Directive 88/357/EEC;
 (c) 'vehicle' means a vehicle as defined in Article 1 (1) of        (c) 'vehicle' means a vehicle as defined in Article 1 (1) of
     Directive 72/ 166/EEC ( 2 );                                        Directive 72/166/EEC;
 (d) 'bureau'means a national insurers' bureau as defined            (d) 'bureau'means a national insurers' bureau as defined
     in Article 1 (3) of Directive 72/166/EEC;                           in Article 1 (3) of Directive 72/166/EEC;
 (e) 'guarantee'Jund'means the body referred to in Article           (e) 'guarantee Jund'means the body referred to in Article
     1 (4) of Directive 84/5/EEC Q).                                      1 (4) of Directive 84/5/EEC;
                                                                     (f) 'parent undertaking' means a parent undertaking as
                                                                         defined in Articles 1 and 2 of Directive
                                                                         83/349/EECO;
                                                                    (g) 'subsidiary' means a subsidiary undertaking as
                                                                         defined in Articles 1 and 2 of Directive
                                                                         83/349/EEC, any subsidiary undertaking of a
                                                                         subsidiary undertaking shall also be regarded as a
                                                                         subsidiary of the parent undertaking which is at the
                                                                         head of those undertakings.
                            Article 2                                                           Article 2
In Article 5 (d) of the First Directive the phrase 'risks           In Article 5 (d) of the First Directive the phrase 'risks
classified under classes 8, 9, 13 and 16 of point A of the          classified under classes 8, 9, 13 and 16 of point A of the
Annex' in the first paragraph of point (iii) is hereby              Annex' in the first paragraph of point (iii) is hereby
replaced by 'risks classified under classes 3, 8, 9, 10, 13         replaced by the following:
and 16 of point A of the Annex'.
                                                                    'risks classified under classes 3, 8, 9, 10, 13 and 16 of
                                                                    point A of the Annex'.
                            Article 3                               Unchanged
The second and third indents in the second paragraph of
Article 12 (2) of the Second Directive are hereby deleted.
0) OJ No L 228, 16. 8. 1973, p. 3.                                  C) OJ No L 193, 18. 7. 1983, p. 1.
(2) OJ No L 103, 2. 5. 1972, p. 1.
O OJ No L 8, 11. 1. 1984, p. 17.
 ---pagebreak---  20. 7. 90                               Official Journal of the European Communities                                N o C 180/11
                        INITIAL PROPOSAL                                                   AMENDED PROPOSAL
                            Article 4                                                           Article 4
 Article 22 (1) of the Second Directive is hereby replaced          Article 22 (1) of the Second Directive is hereby replaced
 by the following:                                                  by the following:
 '1.    Every establishment must inform its supervisory             '1.     Every establishment must inform its supervisory
 authority in respect of operations effected by way of              authority in respect of operations effected by way of
 provision of services of the amount of the premiums,               provisions of services of the amount of the premiums,
 without deduction of re-insurance, receivable by                   without deduction of re-insurance, receivable by
 Member State and by group of classes. The groups of                Member State and by group of classes. The groups of
 classes shall be defined as follows:                               classes shall be defined as follows:
 — accident and sickness (1 and 2),                                — accident and sickness (1 and 2),
— motor insurance (3, 7 and 10),                                        motor insurance (3, 7 and 10, the figures relating to
                                                                        class 10, excluding carrier's liability, being specified),
— fire and other damage to property (8 and 9),                          fire and other damage to property (8 and 9),
     aviation, marine and transport (4, 5, 6,7, 11 and 12),             aviation, marine and transport (4, 5, 6,7, 11 and 12),
— general liability (13),                                               general liability (13),
     credit and suretyship (14 and 15),                                 credit and suretyship (14 and 15),
     other classes (16, 17 and 18).                                     other classes (16, 17 and 1!
The supervisory authority of each Member State shall               The supervisory authority of each Member State shall
forward this information to the supervisory authorities of         forward this information to the supervisory authorities of
each of the Member States of provision of services.'               each of the Member States of provision of services.'
                            Article 5                                                           Article 5
The following Article 12a is hereby inserted in Title III          The following Article 12a is hereby inserted in Title III
of the Second Directive:                                           of the Second Directive:
 Article 12a                                                        Article 12a
1.     This Article shall apply where an undertaking,              1.     This Article shall apply where an undertaking,
through an establishment situated in a Member State,               through an establishment situated in a Member State,
covers a risk classified under No 10 of point A of the             covers a risk, other than carrier's liability, classified
Annex to the First Directive which is situated in another          under No 10 of point A of the Annex to the First
Member State.                                                      Directive which is situated in another Member State.
 ---pagebreak--- N o C 180/12                           Official Journal of the European Communities                                  20. 7. 90
                      INITIAL PROPOSAL                                                 AMENDED PROPOSAL
2.    The Member State of provision of services shall             2.   The Member State of provision of services shall
require the undertaking to become a member of and                require the undertaking to become a member of and
participate in the financing of its national bureau and its      participate in the financing of its national bureau and its
national guarantee fund.                                          national guarantee fund.
The undertaking shall not, however, be required to make          The undertaking shall not, however, be required to make
any payment or contribution to the bureau or fund of             any payment or contribution to the bureau or fund of
the Member State of provision of services in respect of          the Member State of provision of services in respect of
risks covered by way of provision of services other than         risks covered by way of provision of services other than
one calculated, on the same basis as for undertakings            one calculated, on the same basis as for undertakings
covering risks in class N o 10 through an establishment in       covering risks, other than carrier's liability, in class No
that State, by reference to its premium income from that          10 through an establishment in that State, by reference
class in that State or the number of risks in that class         to its premium income from that class in that State or the
covered there.                                                   number of risks in that class covered there.
3.    The Member state of provision of services shall             3.    Insurance undertakings providing services shall be
require the undertaking to ensure that persons pursuing          required to comply with the rules concerning the cover
claims arising out of events occurring in its territory are      of aggravated risks which are in force in the Member
not placed in a less favourable situation as a result of the     State of provision of services in so far as they apply to
fact that the undertaking is covering a risk in class 10 by      established undertakings.
way of provision of services rather than through an
establishment in that State.
                                                                 4.    The Member State of provision of services shall
                                                                 require the undertaking to ensure that persons pursuing
In particular, the Member State of provison of services          claims arising out of events occurring in its territory are
may require the undertaking to nominate a represen-              not placed in a less favourable situation as a result of the
tative resident or established in its territory who shall be     fact that the undertaking is covering a risk, other than
responsible for the handling of claims and possess               carrier's liability, in class 10 by way of provision of
sufficient powers to bind the undertaking in relation to         services rather than through an establishment in that
third parties and to represent it in relations with the          State.
courts of that Member State.
                                                                 For this purpose, the Member State of provision of
The representative, who may be an employee of the                services shall require the undertaking to appoint a
undertaking, shall limit his activities on behalf of that        representative resident or established in its territory who
undertaking to the handling and settlement of such               shall collect all necessary information in relation to
claims.                                                          claims, and shall possess sufficient powers to represent
                                                                 the undertaking in relation to persons suffering damage
                                                                 who could pursue claims, including the payment of such
                                                                 claims, and to represent it or, where necessary, to have it
Notwithstanding Article 3, the nomination of the                 represented before the courts and authorities of that
representative shall not in itself constitute the opening of     Member State in relation to these claims.
a branch or agency for the purpose of Article 6 (2) (d) of
the First Directive and the representative shall not be an
establishment within the meaning of Article 2 (c) of this
Directive.'                                                      The representative may also be required to represent the
                                                                 undertaking before the competent authorities of the State
                                                                 of provision of services with regard to checking the
                                                                 existence and validity of motor vehicle liability insurance
                                                                 policies.
 ---pagebreak--- 20. 7. 90                  Official Journal of the European Communities                            N o C 180/13
          INITIAL PROPOSAL                                                  AMENDED PROPOSAL
                                                     The Member State of provision of services may not
                                                      require that appointee to undertake activities on behalf
                                                      of the undertaking which appointed him other than those
                                                     set out in the preceding paragraph. The appointee shall
                                                     not take up the business of direct insurance on behalf of
                                                     the said undertaking.
                                                     The appointment of the representative shall not in itself
                                                     constitute the opening of a branch or agency for the
                                                     purpose of Article 6 (2) (b) of the First Directive and the
                                                     representative shall not be an establishment within the
                                                     meaning of Article 2 (c) of this Directive.'
                                                                                 Article 6
                                                      1.    The following subparagraph is added to Article 15
                                                     (1) and to Article 16 (1) of the Second Directive:
                                                     'Each Member State within the territory of which an
                                                     undertaking intends to provide services coverings risks in
                                                     class 10, other than carrier's liability, may require that
                                                     the undertaking:
                                                     — notify the name and address of the claims represen-
                                                          tative referred to in Article 12a (3),
                                                     — produce a declaration that the undertaking has
                                                          become a member of the national bureau and the
                                                          national guarantee fund of the Member State of
                                                          provision of services.'
                                                     2.     The following subparagraph is added to Article 21
                                                     (2) of the Second Directive:
                                                     'Each Member State may require that the name and
                                                     address of the representative of the insurance under-
                                                     taking also appear in the abovementioned documents.'
                                                                                Article 7
                                                     Article 27 (1), last subparagraph, of the Second Directive
                                                     is hereby replaced by the following:
                                                     'The derogation allowed from 1 January 1995 shall only
                                                     apply to contracts covering risks classified under classes
                                                     3, 8, 9, 10, 13 and 16 situated exclusively in one of the
                                                     four Member States benefiting from the transitional
                                                     arrangements.'
 ---pagebreak--- No C 180/14                  Official Journal of the European Communities                                  20. 7. 90
            INITIAL PROPOSAL                                                 AMENDED PROPOSAL
                                                                                 Article 8
                                                        1. The heading of Title III of the First Directive is
                                                       replaced by the following:
                                                       'TITLE III A
                                                       Rules applicable to agencies or branches established
                                                       within the Community and belonging to undertakings
                                                       whose head offices are outside the Community.'
                                                       2. The following heading is placed after Article 29 of
                                                       the First Directive:
                                                       'TITLE III B
                                                       Rules applicable to subsidiaries of parent undertakings
                                                       governed by the laws of a third country and to
                                                       acquisitions of participations by such parent under-
                                                       takings.'
                                                                                 Article 9
                                                       The following Articles 29a and 29b shall be added to
                                                       Title III B of the First Directive:
                                                        Article 29a
                                                       The competent authorities of the Member States shall
                                                       inform the Commission:
                                                       (a) of any authorization of a direct or indirect
                                                            subsidiary, one or more parent undertakings of
                                                           which are governed by the laws of a third country.
                                                           The Commission shall inform the insurance
                                                            Committee established by Council Decision . . .;
                                                       (b) whenever such a parent undertaking acquires a
                                                            holding in a Community insurance undertaking
                                                           which would turn the latter into its subsidiary. The
                                                            Commission shall inform the insurance Committee
                                                           established by Council Decision. . . . accordingly.
                                                           When authorization is granted to the direct or
                                                            indirect subsidiary of one or more parent under-
                                                           takings governed by the law of third countries, the
                                                            structure of the group shall be specified in the notifi-
                                                            cation which the competent authorities shall address
                                                            to the Commission.
 ---pagebreak---                  Official Journal of the European Communities                             N o C 180/15
INITIAL PROPOSAL                                                  AMENDED PROPOSAL
                                            Article 29b
                                             1.    The Member States shall inform the Commisson of
                                            any general difficulties encountered by their insurance
                                            undertakings in establishing themselves or carrying on
                                            their activities in a third country.
                                            2.     Initially no later than six months before the
                                            application of this Directive, and thereafter periodically,
                                            the Commission shall draw up a report examining the
                                            treatment accorded to Community insurance under-
                                            takings in third countries, in the terms referred to in
                                            paragraphs 3 and 4, as regards establishment and the
                                            carrying on of insurance activities, and the acquisition of
                                            holdings in third country insurance undertakings. The
                                            Commission shall submit those reports to the Council,
                                            together with any appropriate proposals.
                                            3.    Whenever it appears to the Commission, either on
                                            the basis of the reports referred to in paragraph 2 or on
                                            the basis of other information, that a third country is not
                                            granting Community insurance undertakings effective
                                            market access comparable to that granted by the
                                            Community to insurance undertakings from that third
                                            country, the Commission may submit proposals to the
                                            Council for the appropriate mandate for negotiation with
                                            a view to obtaining comparable competitive opportunities
                                           for Community insurance undertakings. The Council
                                           shall decide by a qualified majority.
                                           4.     Whenever it appears to the Commission, either on
                                           the basis of the reports referred to in paragraph 2 or on
                                           the basis of other information, that Community
                                           insurance undertakings in a third country are not
                                           receiving national treatment offering            the same
                                           competitive opportunities as are available to domestic
                                           insurance undertakings and that the conditions of
                                           effective market access are not being fulfilled, the
                                           Commission may initiate negotiations in order to remedy
                                           the situation.
                                           In the circumstances described in the first subparagraph
                                           above, it may also be decided at any time, and in
                                           addition to initiating negotiations, in accordance with
                                           the procedure laid down in the Council Decision
                                           referred to in Article 29a, that the competent authorities
                                           of the Member States must limit or suspend their
                                           decisions
                                           — regarding requests pending at the moment of the
                                                decision or future requests for authorizations,
                                                and
                                           — regarding the acquisition of holdings by direct or
                                                indirect parent undertakings governed by the laws of
                                                the third country in question.
 ---pagebreak--- N o C 180/16                  Official Journal of the European Communities                               20. 7. 90
             INITIAL PROPOSAL                                                 AMENDED PROPOSAL
                                                        The duration of the measures referred to may not exceed
                                                        six months.
                                                        Before the end of that six-month period, and in the light
                                                        of the results of the negotiations, the Council may,
                                                        acting on a proposal from the Commission, decide by a
                                                        qualified majority that the measures shall be continued.
                                                        Such limitations or suspension may not apply to the
                                                        setting up of subsidiaries by insurance undertakings or
                                                        their subsidiaries duly authorized in the Community, or
                                                        to the acquisition of holdings in Community insurance
                                                        undertakings by such institutions or subsidiaries.
                                                        5.    Whenever it appears to the Commission that one of
                                                        the situations described in paragraphs 3 and 4 has arisen,
                                                        the Member States shall inform it at its request:
                                                        (a) of any request for the authorization of a direct or
                                                             indirect subsidiary, one or more parent undertakings
                                                             of which are governed by the laws of the third
                                                             country in question;
                                                        (b) of any plans for such an undertaking to acquire a
                                                             holding in a Community insurance undertaking such
                                                             that the latter would become the subsidiary of the
                                                             former.
                                                        This obligation to provide information shall lapse once
                                                        an agreement is concluded with the third country
                                                        referred to in paragraph 3 or 4 when the measures
                                                        referred to in the second and third subparagraphs of
                                                        paragraph 4 cease to apply.
                                                        6.    Measures taken under this Article shall comply with
                                                        the Community's obligations under any international
                                                        agreements, bilateral or multilateral, governing the
                                                        taking up and pursuit of the business of insurance under-
                                                        takings.'
 ---pagebreak---  20. 7. 90                               Official Journal of the European Communities                          N o C 180/17
                        INITIAL PROPOSAL                                                AMENDED PROPOSAL
                            Article 6                                                       Article 10
 Member States shall amend their national provisions to            Member States shall amend their national provisions to
 comply with this Directive within . . . months of the date        comply with this Directive within 18 months of the date
 of its notification (') and shall forthwith inform the            of its notification and shall forthwith inform the
 Commission thereof.                                               Commission thereof.
 The provisions amended in accordance with this Article            The provisions amended in accordance with this Article
 shall be applied within . . . months of the date of the           shall be applied within 24 months of the date of the noti-
 notification of the Directive.                                    fication of the Directive.
                            Article 7                                                       Article 11
This Directive is addressed to the Member States.                  This Directive is addressed to the Member States.
(') This Directive was notified to Member States on . . . .