S.I. No. 25/1996 - European Communities (Swiss Confederation Agreement) Regulations, 1996.

1. Accident

A. 1

2. Liability

A. 10, 11, 12, 13

3. Fire and natural forces

A. 8

4. Transport

A. 4, 6, 7

5. Vehicles

A. 3, 5

6. Hail

A. 9

7. Animals

8. Theft

9. Breakage of glass

10. Damage by water

11. Machinery

12. Jewellery

13. Suretyship

14. Credit

15. Legal expenses

16. Health

17. Rain

18. Special policies

I have taken note of this communication, and in turn ask you to accept, Sir, the assurance of my high consideration.

Head of the Delegation of the

Commission of the European Communities

(s. Gérard IMBERT)

Franz Blankart

Ambassador

Head of the Swiss Delegation

Berne

EXCHANGE OF LETTERS No. 7

THE CAPITAL OF INSURANCE UNDERTAKINGS

Swiss Delegation

Berne, 25 June 1982

Sir,

With reference to the Agreement between Switzerland and the Community, initialled today, I have the honour to remind you of our understanding that the provisions concerning the minimum solvency margin calculated in accordance with paragraph 2.2 of Protocol No. 1, and the minimum guarantee fund, referred to in paragraph 3.2 of that Protocol, have no bearing on the laws or practices of the Contracting Parties regarding the requirements relating to the capital of undertakings.

I would ask you to kindly confirm the above, and to accept, Sir, the assurance of my high consideration.

Head of the Swiss Delegation

(s. Franz BLANKART)

Gérard Imbert, Esq.

Director

Head of the Delegation of the

Commission of the European Communities

Brussels

Delegation of the Commission

of the European Communities

Brussels, 25 June 1982

Sir,

I have the honour to acknowledge receipt of your letter of today's date, worded as follows

'With reference to the Agreement between Switzerland and the Community, initialled today, I have the honour to remind you of our understanding that the provisions concerning the minimum solvency margin calculated in accordance with paragraph 2.2 of Protocol No. 1, and the minimum guarantee fund, referred to in paragraph 3.2 of that Protocol, have no bearing on the laws or practices of the Contracting Parties regarding the requirements relating to the capital of undertakings.'

I hereby confirm the above, and in turn ask you to accept, Sir, the assurance of my high consideration.

Head of the Delegation of the

Commission of the European Communities

(s. Gérard IMBERT)

Franz Blankart, Esq.

Ambassador

Head of the Swiss Delegation

Berne

EXCHANGE OF LETTERS No. 8

TRANSITIONAL ARRANGEMENTS FOR ASSISTANCE

Delegation of the Commission

of the European Communities

Brussels, 26 July 1989

Sir,

With reference to the Agreement between the Community and Switzerland, initialled today, I have the honour to remind you of our understanding that the Member States of the Community may allow undertakings which, on 12 December 1984, provided only assistance in their territory a period of five years from that date in order to comply with the requirements set out in Article 16 of this Agreement.

The Member States of the Community may allow any undertakings referred to above which, upon expiry of the five year period, have not fully established the solvency margin a further period not exceeding two years in which to do so provided that such undertakings have, in accordance with Article 18 of this Agreement, submitted for the approval of the supervisory authority the measures which they propose to take for that purpose.

Any undertaking referred to above which wishes to extend its business to other classes or, in the case referred to in paragraph 8.1 of this Agreement, to another part of the territory, may do so only on condition that it complies forthwith with this Agreement.

Moreover, until 12 December 1992, the conditions specified in point 5 of Part B of Annex 2 to this Agreement, namely that the accident or breakdown must have happened in the territory of the Contracting Party in which the undertaking providing cover is established, shall not apply to the operations referred to in the third indent of the abovementioned point where these operations are carried out by the ELPA (Automobile and Touring Club of Greece).

I would ask you to kindly confirm the above, and to accept, Sir, the assurance of my high consideration.

Head of the Delegation of the

Commission of the European Communities

(s. Geoffrey FITCHEW)

Franz Blankart, Esq.

State Secretary

Head of the Swiss Delegation

Berne

Swiss Delegation

Berne, 26 July 1989

Sir,

I have the honour to acknowledge receipt of your letter of today's date, worded as follows

'With reference to the Agreement between the Community and Switzerland, initialled today, I have the honour to remind you of our understanding that the Member States of the Community may allow undertakings which, on 12 December 1984, provided only assistance in their territory a period of five years from that date in order to comply with the requirements set out in Article 16 of this Agreement.

The Member States of the Community may allow any undertakings referred to above which, upon expiry of the five year period, have not fully established the solvency margin a further period not exceeding two years in which to do so provided that such undertakings have, in accordance with Article 18 of this Agreement, submitted for the approval of the supervisory authority the measures which they propose to take for that purpose.

Any undertaking referred to above which wishes to extend its business to other classes or, in the case referred to in paragraph 8.1 of this Agreement, to another part of the territory, may do so only on condition that it complies forthwith with this Agreement.

Moreover, until 12 December 1992, the conditions specified in point 5 of Part B of Annex 2 to this Agreement, namely that the accident or breakdown must have happened in the territory of the Contracting Party in which the undertaking providing cover is established, shall not apply to the operations referred to in the third indent of the abovementioned point where these operations are carried out by the ELPA (Automobile and Touring Club of Greece).'

I hereby confirm the above, and in turn ask you to accept, Sir, the assurance of my high consideration.

Head of the Swiss Delegation

(s. Franz BLANKART)

Geoffrey Fitchew, Esq.

Director General

Head of the Delegation of the

Commission of the European Communities

Brussels

EXCHANGE OF LETTERS No. 9

TRANSITIONAL ARRANGEMENTS FOR THE LARGE RISKS REFERRED TO IN PARAGRAPH 2.1 OF PROTOCOL No. 2

Delegation of the Commission

of the European Communities

Brussels, 26 July 1989

Sir,

With reference to the Agreement between the Community and Switzerland, initialled today, I have the honour to remind you of our understanding that Greece, Ireland, Portugal and Spain benefit from the following transitional arrangements in respect of the large risks referred to in paragraph 2.1 of Protocol No. 2 to this Agreement

(

a

) until 31 December 1992, they may apply, to all risks, the regime other than that for risks referred to in paragraph 2.1 of Protocol No. 2 to this Agreement;

(

b

) from 1 January 1993 to 31 December 1994, the regime for large risks shall apply to risks referred to in paragraph 2.1 (

a

) and (

b

) of Protocol No. 2 to this Agreement; for risks referred to under (

c

) of the same paragraph, these Member States shall fix the thresholds to apply therefor;

(

c

) Spain

— from 1 January 1995 to 31 December 1996, the thresholds of the first stage fixed in paragraph 2.1 (

c

) of Protocol No. 2 to this Agreement shall apply,

— from 1 January 1997, the thresholds of the second stage shall apply;

(

d

) Greece, Ireland and Portugal

— from 1 January 1995 to 31 December 1998, the thresholds of the first stage fixed in paragraph 2.1 (

c

) of Protocol No. 2 to this Agreement shall apply,

— from 1 January 1999, the thresholds of the second stage shall apply.

The derogation allowed from 1 January 1995 shall only apply to contracts covering risks classified under classes 8, 9, 13 and 16 in Part A of Annex 1 situated exclusively in one of the four Member States of the Community benefiting from these provisions.

I would ask you to kindly confirm the above, and to accept, Sir, the assurance of my high consideration.

Head of the Delegation of the

Commission of the European Communities

(s. Geoffrey FITCHEW)

Franz Blankart, Esq.

State Secretary

Head of the Swiss Delegation

Berne

Swiss Delegation

Berne, 26 July 1989

Sir,

I have the honour to acknowledge the receipt of your letter of today's date, worded as follows

'With reference to the Agreement between the Community and Switzerland, initialled today, 1 have the honour to remind you of our understanding that Greece, Ireland, Portugal and Spain benefit from the following transitional arrangements in respect of the large risks referred to in paragraph 2.1 of Protocol No. 2 to this Agreement

(

a

) until 31 December 1992, they may apply, to all risks, the regime other than that for risks referred to in paragraph 2.1 of Protocol No. 2 to this Agreement;

(

b

) from 1 January 1993 to 31 December 1994, the regime for large risks shall apply to risks referred to in paragraph 2.1 (

a

) and (

b

) of Protocol No. 2 to this Agreement; for risks referred to under (

c

) of the same paragraph, these Member States shall fix the thresholds to apply therefor;

(

c

) Spain

— from 1 January 1995 to 31 December 1996, the thresholds of the first stage fixed in paragraph 2.1 (

c

) of Protocol No. 2 to this Agreement shall apply,

— from 1 January 1997, the thresholds of the second stage shall apply;

(

d

) Greece, Ireland and Portugal

— from 1 January 1995 to 31 December 1998, the thresholds of the first stage fixed in paragraph 2.1 (

c

) of Protocol No. 2 to this Agreement shall apply,

— from 1 January 1999, the thresholds of the second stage shall apply.

The derogation allowed from 1 January 1995 shall only apply to contracts covering risks classified under classes 8, 9, 13 and 16 in Part A of Annex 1 situated exclusively in one of the four Member States of the Community benefiting from these provisions.'

I hereby confirm the above, and in turn ask you to accept, Sir, the assurance of my high consideration.

Head of the Swiss Delegation

(s. Franz BLANKART)

Geoffrey Fitchew, Esq.

Director General

Head of the Delegation of the

Commission of the European Communities

Brussels

GIVEN under my Official Seal, this 8th day of February 1996.

RICHARD BRUTON,

Minister for Enterprise and

Employment.

EXPLANATORY NOTE.

The Regulations give effect to the provisions of Council Directive 91/371/EEC of 20 June, 1991. In simple terms, the purpose of the Agreement between the EU and the Swiss Confederation is to lay down, on a reciprocal basis, the conditions which are necessary and sufficient to enable agencies and branches of undertakings whose head office is situated in the territory of one of the contracting parties and which wish to become established in the territory of the other contracting party, or are established there, to take up or pursue the self-employed activity of direct insurance other than life assurance.

The Regulations come into effect on 8 February, 1996.

S.I. No. 25 of 1996.

EUROPEAN COMMUNITIES (SWISS CONFEDERATION AGREEMENT) REGULATIONS, 1996.

I, RICHARD BRUTON, Minister for Enterprise and Employment, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972) as amended by the

European Communities (Amendment) Act, 1993

(No. 30 of 1993), and for the purpose of giving effect to Council Directive 91/371/EEC of 20 June 1991

(1)

hereby make the following Regulations

(1)

O.J. No. L205, 27—–7—–1991, p.48.