S.I. No. 309/1986:

EUROPEAN COMMUNITIES (NON-LIFE INSURANCE) (AMENDMENT) REGULATIONS, 1986.

EUROPEAN COMMUNITIES (NON-LIFE INSURANCE) (AMENDMENT) REGULATIONS, 1986.

I, MICHAEL NOONAN, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and the Industry, Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1986 ( S.I. No. 41 of 1986 ), and for the purpose of giving effect to Council Directive 84/641/EEC of 10th December 1984¹, hereby make the following Regulations:

¹O.J. No. L339, 27.12.84, pp. 21-25.

1. These Regulations may be cited as the European Communities (non-Life insurance) (Amendment) Regulations, 1986 and shall come into operation on the 1st day of January, 1987.

2. In these Regulations unless otherwise stated, -- "assistance" has the meaning ascribed to it in Article 11 of these Regulations;

the definition of "the directive" in Article 2(1) of the Principal Regulations shall be construed and have effect as if the reference therein to Council Directive 73/239/EEC² were a reference to that Directive as amended by Council Directive 84/641/EEC¹;

¹O.J. No. L339, 27.12.84, pp. 21-25.

²O.J. No. L228, 16.8.73, pp. 3-19.

"the Principal Regulations" means the European communities (Non-Life insurance) Regulations, 1976 ( S.I. No. 115 of 1976 ).

3. Article 3 of the Principal Regulations is hereby amended--

(a) by the substitution for paragraph (c) of subarticle (2) of the following paragraph:

"(c) mutual associations and other organisations excluded from the application of the Directive by Article 3 thereof,", and

(b) by the insertion after paragraph (d) of subarticle (2) of the following paragraph:

"(e) the kinds of assistance activity specified in paragraph 3 of Article 2 of the Directive.".

4. Article 10 of the Principal Regulations is hereby amended--

(a) by the insertion after subarticle (1)(d) of the following:

"(e) if an undertaking referred to in Article 18A of these Regulations has a form different to those referred to in sub-article (a) above, it may continue to use that form until the 12th day of December, 1987.",

(b) by the insertion after subarticle (2) of the following:

"(2A) Undertakings referred to in Article 18A of these Regulations which wish to extend their business within the meaning of Articles 8(2) and 10 of the directive may not do so unless they comply immediately with the appropriate requirements of these Regulations.".

5. The Principal Regulations are hereby amended by the substitution of the following Article for Article 13.

"13. The Minister shall provide the supervisory authority of another member State with such information as is necessary for the purpose of verifying the solvency margin of an undertaking having a branch or agency in the State and its head office in that other member State including such relevant details as may be in his possession for the purpose of supervising the resources available to those undertakings for carrying out the assistance operations they have undertaken to perform."

6. The Principal Regulations are hereby amended by the insertion in Article 16(5)(b)(i) after the word "aggregated" of the following:

": in the case of risks listed in Section A of the Annex at reference number 18, the amount of such claims shall be the costs borne by the undertaking in respect of assistance given;".

7. The Principal Regulations are hereby amended by the insertion after Article 18 of the following Article:

"18A.(1) Subject to subarticle (2) of this Article, an undertaking solely carrying on assistance business in the State at the commencement of the European Communities (Non-Life Insurance) (Amendment) Regulations, 1986, shall comply with the provisions of Articles 16 and 17 of the Directive not later than the 12th day of December, 1989.

(2) Where an undertaking referred to in subarticle (1) of this Article has not by the date specified in that subarticle fully established the required solvency margin, the Minister may allow the undertaking a further period not exceeding two years in which to do so if the undertaking has submitted to the Minister a plan to his satisfaction for the restoration or establishment of the required solvency margin.".

8. Article 19(3)(b) of the principal Regulations is hereby amended by the substitution of ", 16 or 18" for "or 16."

9. The Principal Regulations are hereby amended by the substitution of the following Article for Article 31:

"31. (1) Articles 15, 20, 22 and 23 of these Regulations shall apply to an undertaking to which this Article applies.

(2) However, in the case of an undertaking which has, in accordance with Article 32 of these Regulations, availed itself of the advantages specified in Article 26 of the Directive, the references in Articles 15(a), 20(4), 23(3) and 23(4) to another member State shall be construed as references to the member State which has been selected to supervise the solvency of the entire business of the agencies or branches established within the Community.".

10. The Principal Regulations are hereby amended by the substitution of the following Article For Article 32:

"32. (1) An undertaking which obtains an authorisation under the directive from a member State and subsequently obtains from another member State (or other such States) such an authorisation in respect of a branch or agency may apply to the Minister for the advantages specified in Article 26 of the Directive which may be granted only jointly.

(2) Article 26(2), (3) and (4) of the Directive shall apply in such a case.".

11. The Principal Regulations are hereby amended by the insertion in Schedule 1 after class 17 of the following class:

"18. Assistance

Assistance for persons who get into difficulties while travelling, while away from home or while away from their permanent residence.".

12. The authorisation forms set out in Schedule I to these Regulations are in substitution for the forms specified in Schedule III to the Principal Regulations.

13. Articles 4 and 7 of these Regulations shall apply mutatis mutandis to assistance undertakings formed after the 12th day of December, 1984, which take over assistance business already conducted on that date by a legally distinct body.

SCHEDULE I.

AUTHORISATION FORMS REFERRED TO IN REGULATION 7 OF S.I. NO. 115 OF 1976 .

DEPARTMENT OF INDUSTRY AND COMMERCE.

CERTIFICATE OF AUTHORISATION.

INSURANCE UNDERTAKING WITH ITS HEAD OFFICE IN IRELAND.

Subject to the provisions of the Insurance Acts, 1936 to 1985, and in accordance with the European Communities (Non-Life insurance) Regulations, 1976, ( S.I. No. 115 of 1976 ), as amended by the European Communities (Non-Life insurance) (Amendment) Regulations, 1986, ( S.I. No. 309 of 1986 ), implementing the 1st E.E.C. Non-Life Insurance Co-ordination Directive (73/239/E.E.C. of 24th July, 1973), as amended by Council Directive 84/641/E.E.C. of 10th December, 1984, the Minister for industry and Commerce hereby authorises

............................................................ ............................................................ ......................................................

............................................................ ............................................................ ......................................................

with an establishment at:

............................................................ ............................................................ ......................................................

............................................................ ............................................................ ......................................................

to undertake as from the ........ day of ............................................ the business of Non-Life Insurance in Ireland in the following classes of the aforementioned Directive:

............................................................ ............................................................ ...................................................

............................................................ ............................................................ ...................................................

............................................................ ............................................................ ...................................................

............................................................ ............................................................ ...................................................

GIVEN under the Official Seal of the Minister for Industry and Commerce this  day of

Department of Industry and Commerce,

Dublin 2,

Ireland.

DEPARTMENT OF INDUSTRY AND COMMERCE.

CERTIFICATE OF AUTHORISATION.

BRANCH OR AGENCY OF INSURANCE UNDERTAKING WITH HEAD OFFICE IN ANOTHER E.E.C. MEMBER STATE.

Subject to the provisions of the Insurance Acts, 1936 to 1985, and in accordance with the European Communities (Non-Life Insurance) Regulations, 1976, ( S.I. No. 115 of 1976 ), as amended by the European Communities (Non-Life Insurance) (Amendment) Regulations, 1986, ( S.I. No. 309 of 1986 ), implementing the 1st E.E.C. Non-Life insurance Co-ordination directive (73/239/E.E.C. of 24th July, 1973), as amended by Council Directive 84/641 E.E.C. of 10th December, 1984, the Minister for Industry and Commerce hereby authorises the branch or agency establishment of............................................................ ........................................................

............................................................ ............................................................ ..................................................

............................................................ ............................................................ ..................................................

with its Head Office at:

............................................................ ............................................................ ..................................................

............................................................ ............................................................ ..................................................

and the branch or agency establishment at:

............................................................ ............................................................ ...................................................

............................................................ ............................................................ ...................................................

to undertake as from the................... day of ............................... the business of Non-Life Insurance in Ireland in the following classes of the aforementioned Directive:

............................................................ ............................................................ ....................................................

............................................................ ............................................................ ....................................................

............................................................ ............................................................ ....................................................

............................................................ ............................................................ ....................................................

GIVEN under the Official Seal of the Minister for industry and Commerce this  day of 

Department of Industry and Commerce,

Dublin 2,

Ireland.

DEPARTMENT OF INDUSTRY AND COMMERCE.

CERTIFICATE OR AUTHORISATION.

LLOYD'S (KNOWN AS LLOYD'S OF LONDON).

Subject to the provisions of the Insurance Acts, 1936 to 1985, and in accordance with the European Communities (Non-Life Insurance) Regulations, 1976, ( S.I. No. 115 of 1976 ), as amended by the European Communities (Non-Life Insurance) (Amendment) Regulations, 1986, ( S.I. No. 309 of 1986 ), implementing the 1st E.E.C. Non-Life insurance Co-ordination directive (73/239/E.E.C. of 24th July, 1973), as amended by Council Directive 84/641/E.E.C. of 10th December, 1984, the Minister for industry and Commerce hereby authorises Lloyd's (known as Lloyd's of London)

............................................................ ............................................................ ..................................................

............................................................ ............................................................ ..................................................

............................................................ ............................................................ ..................................................

with an establishment in Ireland at:

............................................................ ............................................................ ...................................................

............................................................ ............................................................ ...................................................

to undertake as from the ....................... day of.......................... the business of Non-Life Insurance in Ireland in the following classes of the aforementioned Directive:

............................................................ ............................................................ ....................................................

............................................................ ............................................................ ....................................................

............................................................ ............................................................ ....................................................

............................................................ ............................................................ ....................................................

GIVEN under the Official Seal of the Minister for Industry and Commerce this   day of 

Department of Industry and Commerce,

Dublin 2,

Ireland.

GIVEN under my Official Seal, this 9th day of September, 1986.

MICHAEL NOONAN,

Minister for Industry

and Commerce.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to the European Communities Tourist Assistance Directive, 84/641/EEC.

The effect of these Regulations will be to introduce a new class of insurance business (Class 18) to be known as "Assistance". Various activities such as those which provide assistance to motorists and other travellers under a specific contract (commonly known as tourist assistance) and which are of a quasi-insurance nature, will now be subject to the same type of supervision as applies to general insurance. Organisations operating such business will be required to obtain an authorisation from the Insurance Supervisory Authority.

Such activities for example would cover the assistance provided to persons who get into difficulties while travelling and may include the repatriation of the vehicle, driver or passengers following accident or breakdown or any other benefit which may have been contracted for.