art_13__para

1 . SUBJECT TO PARAGRAPH 3 , NO UNDERTAKING MAY SIMULTANEOUSLY CARRY ON IN A MEMBER STATE THE ACTIVITIES REFERRED TO IN THE ANNEX TO THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) AND THOSE LISTED IN ARTICLE 1 OF THIS DIRECTIVE . 2 . WHERE AN UNDERTAKING CARRYING ON THE ACTIVITIES REFERRED TO IN THE ANNEX TO THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) HAS FINANCIAL , COMMERCIAL OR ADMINISTRATIVE LINKS WITH AN UNDERTAKING CARRYING ON THE ACTIVITIES COVERED BY THIS DIRECTIVE , THE SUPERVISORY AUTHORITIES OF THE MEMBER STATES IN WHOSE TERRITORY THE HEAD OFFICES OF THOSE UNDERTAKINGS ARE SITUATED SHALL ENSURE THAT THE ACCOUNTS OF THE UNDERTAKINGS IN QUESTION ARE NOT DISTORTED BY AGREEMENTS BETWEEN THESE UNDERTAKINGS OR BY ANY ARRANGEMENT WHICH COULD AFFECT THE APPORTIONMENT OF EXPENSES AND INCOME . 3 . SUBJECT TO PARAGRAPH 6 , UNDERTAKINGS WHICH AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE CARRY ON SIMULTANEOUSLY IN A MEMBER STATE BOTH OF THE ACTIVITIES REFERRED TO IN PARAGRAPH 1 MAY CONTINUE TO DO SO THERE PROVIDED THAT EACH ACTIVITY IS SEPARATELY MANAGED IN ACCORDANCE WITH ARTICLE 14 . 4 . THE UNDERTAKINGS REFERRED TO IN PARAGRAPH 3 MAY SET UP AGENCIES OR BRANCHES IN THE OTHER MEMBER STATES ONLY FOR THE CLASSES LISTED IN THE ANNEX TO THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) . 5 . THE UNDERTAKINGS REFERRED TO IN PARAGRAPH 3 MAY , BY SETTING UP SUBSIDIARIES IN OTHER MEMBER STATES TO CARRY ON THE ACTIVITIES REFERRED TO IN THIS DIRECTIVE , AVAIL THEMSELVES OF THE CONDITIONS AND FACILITIES LAID DOWN IN ARTICLE 35 FOR A TRANSITIONAL PERIOD OF 10 YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE , PROVIDED THEY DO NOT ALREADY HAVE AN AGENCY OR BRANCH CARRYING ON IN SUCH MEMBER STATES ANY ACTIVITIES OTHER THAN THOSE COVERED BY THIS DIRECTIVE . 6 . ( A ) ANY MEMBER STATE MAY REQUIRE UNDERTAKINGS WHOSE HEAD OFFICES ARE ESTABLISHED IN ITS TERRITORY TO CEASE , WITHIN A PERIOD TO BE DETERMINED BY THE MEMBER STATE CONCERNED , THE SIMULTANEOUS PURSUIT OF ACTIVITIES IN WHICH THEY WERE ENGAGED AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE . ( B ) AFTER CONSULTING THE SUPERVISORY AUTHORITY OF THE HEAD OFFICE MEMBER STATE , PARTICULARLY IN REGARD TO THE PERIOD WITHIN WHICH SUCH ACTION MUST TAKE PLACE , ANY MEMBER STATE MAY ALSO IMPOSE THIS REQUIREMENT ON AGENCIES OR BRANCHES ESTABLISHED IN ITS TERRITORY WHICH SIMULTANEOUSLY CARRY ON BOTH ACTIVITIES THERE . ( C ) AGENCIES AND BRANCHES OF THE UNDERTAKINGS REFERRED TO IN PARAGRAPH 3 WHICH , AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE , ARE ENGAGED IN THE TERRITORY OF A MEMBER STATE SOLELY IN THE ACTIVITIES COVERED BY THIS DIRECTIVE MAY CONTINUE THEIR ACTIVITIES THERE . IF THE UNDERTAKING WISHES TO CARRY ON THE ACTIVITIES COVERED BY THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) IN THAT TERRITORY IT MAY ONLY CARRY ON THE ACTIVITIES MENTIONED IN THIS DIRECTIVE THROUGH A SUBSIDIARY .

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.