art_33__para

1 . MEMBER STATES SHALL ALLOW UNDERTAKINGS REFERRED TO IN TITLE II WHICH AT THE ENTRY INTO FORCE OF THE IMPLEMENTING MEASURES TO THIS DIRECTIVE PROVIDE INSURANCE IN THEIR TERRITORIES IN ONE OR MORE OF THE CLASSES REFERRED TO IN THE ANNEX , A PERIOD OF FIVE YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE IN ORDER TO COMPLY WITH ARTICLES 18 , 19 AND 20 . 2 . FURTHERMORE , MEMBER STATES MAY : ( A ) ALLOW ANY UNDERTAKINGS REFERRED TO IN PARAGRAPH 1 , WHICH UPON THE 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 24 , SUBMITTED FOR THE APPROVAL OF THE SUPERVISORY AUTHORITY THE MEASURES WHICH THEY PROPOSE TO TAKE FOR SUCH PURPOSE ; ( B ) EXCEPT FOR THE MUTUAL ASSOCIATIONS REFERRED TO IN THE SECOND SENTENCE OF THE SECOND INDENT OF ARTICLE 3 ( 2 ) , EXEMPT UNDERTAKINGS REFERRED TO IN PARAGRAPH 1 OF THIS ARTICLE , FOR WHICH UPON THE EXPIRY OF THE FIVE-YEAR PERIOD THE SOLVENCY MARGIN TO BE ESTABLISHED PURSUANT TO ARTICLE 19 WITHOUT DEDUCTION FOR RE-INSURANCE DOES NOT REACH THE MINIMUM OF THE GUARANTEE FUND REFERRED TO IN ARTICLE 20 ( 2 ) ( A ) AND ( B ) , FROM THE REQUIREMENT TO ESTABLISH THIS FUND BEFORE THE END OF THE FINANCIAL YEAR IN RESPECT OF WHICH THE SOLVENCY MARGIN REFERRED TO REACHES THIS MINIMUM AMOUNT . THE MAXIMUM PERIOD THUS GRANTED TO THESE UNDERTAKINGS TO ESTABLISH THIS MINIMUM AMOUNT SHALL IN NO CASE EXCEED 10 YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE . 3 . UNDERTAKINGS DESIRING TO EXTEND THEIR BUSINESS WITHIN THE MEANING OF ARTICLE 8 ( 2 ) OR 10 MAY NOT DO SO UNLESS THEY COMPLY IMMEDIATELY WITH THE RULES OF THIS DIRECTIVE . 4 . UNDERTAKINGS HAVING A STRUCTURE DIFFERENT FROM ANY OF THOSE LISTED IN ARTICLE 8 MAY CONTINUE , FOR A PERIOD OF THREE YEARS FROM THE NOTIFICATION OF THIS DIRECTIVE , TO CARRY ON THEIR PRESENT BUSINESS IN THE LEGAL FORM IN WHICH THEY ARE CONSTITUTED AT THE TIME OF SUCH NOTIFICATION . UNDERTAKINGS SET UP IN THE UNITED KINGDOM BY ROYAL CHARTER OR BY PRIVATE ACT OR BY SPECIAL PUBLIC ACT MAY CARRY ON THEIR ACTIVITY IN THEIR PRESENT FORM FOR AN UNLIMITED PERIOD . THE MEMBER STATES IN QUESTION SHALL DRAW UP A LIST OF SUCH UNDERTAKINGS AND COMMUNICATE IT TO THE OTHER MEMBER STATES AND THE COMMISSION . 5 . UNDERTAKINGS WHICH , IN ACCORDANCE WITH THEIR OBJECTS , CARRY ON THE ACTIVITIES OF LIFE ASSURANCE AND SAVINGS OPERATIONS MAY CONTINUE TO CARRY ON SUCH ACTIVITIES , WITH THE EXCEPTION OF SAVINGS OPERATIONS , WHICH MUST CEASE WITHIN THREE YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE . AS AN EXCEPTION , THE " CAISSE GENERALE D'EPARGNE ET DE RETRAITE ( CGER ) " / " ALGEMENE SPOOR - EN LIFRENTEKAS ( ASLK ) " IN BELGIUM , THE SOCIETIES REGISTERED UNDER THE FRIENDLY SOCIETIES ACTS IN THE UNITED KINGDOM AND THE " BANCA NAZIONALE DELLE COMMUNICAZIONI " IN ITALY MAY CONTINUE THE ACTIVITIES THEY WERE CARRYING ON WHEN THE DIRECTIVE WAS NOTIFIED . 6 . UNDERTAKINGS WHICH CARRY ON SIMULTANEOUSLY BOTH ACTIVITIES IN ACCORDANCE WITH THE TERMS OF ARTICLE 13 SHALL HAVE A PERIOD OF FIVE YEARS FROM THE DATE OF NOTIFICATION OF THIS DIRECTIVE TO COMPLY WITH THE PROVISIONS OF ARTICLE 14 . 7 . AT THE REQUEST OF UNDERTAKINGS WHICH COMPLY WITH THE REQUIREMENTS OF ARTICLES 17 TO 20 , MEMBER STATES SHALL CEASE TO APPLY ANY RESTRICTIVE MEASURES SUCH AS THOSE RELATING TO MORTGAGES , DEPOSITS OR SECURITIES ESTABLISHED UNDER THEIR PRESENT REGULATIONS .

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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.