There are industrial risks in Nantes, France

31992D0096

DECISION OF THE COMMISSION of 14. January 1992 in a proceeding for the application of Article 85 of the EEC Treaty (IV / 33.100 - Assurpol) (Only the French text is authentic) (92/96 / EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

based on the Treaty establishing the European Economic Community,

based on Regulation No. 17 of the Council of 6. February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), last amended by the Act of Accession of Spain and Portugal, in particular Articles 2, 6 and 8,

with regard to the on 17. February 1989 by Assurpol, a French economic interest grouping (EIG), notification of its agreements on the joint reinsurance of environmental risks arising from certain commercial installations in France,

based on the information provided for in Article 19 (3) of Regulation No. 17 published abstract of the application (2),

after hearing the Advisory Committee on Antitrust and Monopoly Issues,

Whereas:

I. FACTS

Registration

(1) On 17 In February 1989 the Economic Interest Grouping Assurpol notified the Commission of an agreement on the joint reinsurance of certain industrial environmental risks and applied for an exemption under Article 85 (3) of the EEC Treaty. The Assurpol Articles of Association and internal procedural rules are also relevant for the work of the reinsurance pool.

At the proposal of the Commission services, the pool agreement and the internal procedural rules have been amended so that the intermediary commissions and the administrative costs of the direct insurers are no longer included in the reinsurance premiums. In future, these premiums will be calculated from the net premiums (these are determined taking into account the foreseeable claims experience) and a uniform contribution to the operating costs of the reinsurance community.

The so amended agreements were approved by the general assembly of the association on 21. Approved December 1990 and presented to the Commission on 6 Submitted February 1991.

The goals of the association

(2) Assurpol was founded in October 1988 for a period of twenty years and, for joint account, it operates the reinsurance and retrocession of environmental risks emanating from certain facilities in industrial and commercial enterprises. Both accident and other risks are covered. The pool develops and coordinates all the actuarial and statistical bases for the establishment and further development of the underwriting guidelines, participates in the risk assessment, keeps a record of the reinsured risks and has the funds it manages that correspond to the reinsurance commitments given to the primary insurers.

(3) The territorial scope of the pool agreement includes France, the departments and territories overseas (DOM-TOM) and the Principality of Monaco. Assurpol can also insure risks outside the French national borders, if a certain decision-making body of the pool (the technical committee) has approved it.

(4) Assurpol is the successor organization to Garpol, a reinsurance pool founded in 1977, to which more or less the same companies belonged, but whose insurance capacity was only a quarter of that of Assurpol.

Conditions of joining

(5) All French or foreign insurance and reinsurance companies that are allowed to operate in France can become members of the Assurpol reinsurance pool, i. In other words, companies that do not have a branch in France but are allowed to operate there within the framework of the free movement of services can also participate.

The members can leave the pool and the agreement at the end of a financial year with a three-month notice period.

The members

(6) There are two groups of members (3):

a) Primary insurers: French or foreign insurance companies that bring 90% of the liability they assume into the pool, and

b) reinsurers: French or foreign insurance companies that jointly insure all the risks given by the primary insurers and contribute 54.5% to the total capacity of the pool.

(7) The members are fifty insurance companies and fourteen reinsurance companies in Germany and abroad; Of these, two insurance companies and one reinsurance company are French subsidiaries of companies which have their registered office in another Member State of the Community. In addition, four of the fourteen reinsurers are directly involved in the pool through their head offices in Germany.

All primary insurance companies are active in the field of general liability insurance, among other things. The gross premiums received by them in all areas of primary insurance amounted to around FF 100 billion in 1989 (4).

The decision-making bodies and their powers

(8) According to the articles of association of the association and the reinsurance agreement, the following decision-making bodies exist:

a) the general meeting,

b) the Management Committee,

c) the technical committee,

d) the Claims Settlement Committee.

(9) The general assembly decides with a majority of votes of the members present and represented; their resolutions are binding.

Each member has one vote plus a number of additional votes, which depends on how many times their cover letter (per claim and per contract / year) accounts for 0.4% of the total capacity of the pool.

(10) The management committee has twelve to fifteen members. He is appointed every year by the General Assembly. Among other things, he is responsible for the organization and coordination of risk assessments; it also defines the conditions for the surcharges by which the net premiums are increased in order to cover the operating costs of the pool.

(11) The technical committee, which is composed of fifteen direct insurers and two reinsurers, is appointed by the administrative committee and has the following tasks:

- Definition of the risks, the premiums of which can be taken directly from the tariff table, and the risks that must be examined on a case-by-case basis;

- Decision on an expansion of the pool area in which the risks must be located that are covered by the joint reinsurance;

- Establishment of rules for dealing with claims below FF 200,000;

- Determination of the requirements for joint retrocession and for joint cover commitments based on resolutions of the management committee.

(12) The claims settlement committee consists of four members: a chairman (who represents the direct insurers or the reinsurers of the technical committee), a representative of the direct insurers and a representative of the reinsurers of the pool who do not have a seat on the technical committee and a representative of the Insurance company that issued the policy and is affected by the damage.

The composition of the committee changes with each new claim.

Other provisions in the agreements

(13) Each member (primary insurer and reinsurer) is liable for the risks brought into the pool in the amount of its share; this share is calculated from the ratio of his commitment to the pool's total commitment (currently FF 131 million per claim and contract per year). Members can increase or decrease their commitment annually. The primary insurer's deductible is 10% of the sum insured, a maximum of FF 200,000 per contract and year and cannot be reinsured. The deductible is determined by the general meeting.

Neither the primary insurers nor the reinsurers in the pool can individually retrocede their share of the reinsured risks.

(14) Reinsurance outside the pool is not prohibited. However, the primary insurers of the pool undertake to offer the pool all risks within the scope of the pool agreement that they wish to assume specifically or in connection with an extension of existing contracts. If you do not agree with the conditions laid down by the technical committee, you are free to insure the risk under other conditions and to reinsure yourself in some other way.

(15) If the pool has assumed a risk that exceeds its capacity, it can conclude retrocession agreements and retrocede the risk to French or foreign reinsurers for the joint account.

(16) The internal procedural rules regulate which risks the pool can reinsure; They also contain the standard questionnaires for risk assessment, a catalog of the measures that customers must observe in order to prevent damage, a list of tariffs and the requirements for its application, as well as details on claims settlement.

(17) A primary insurer belonging to the pool may assess a risk itself and look for the appropriate tariff from the tariff list if the policyholder's turnover is below FF 1 billion and the desired cover commitment (per claim and contract per year) does not exceed FF 10 million in total and if the included cover for cleaning costs after environmental pollution does not exceed FF 2 million.

For higher commitments, for commitments to cover cleaning costs that exceed 20% of the liability commitment, and for risks related to waste management or facilities within the meaning of the "Seveso" directive 82/501 / EEC (5) (regardless of the sum insured ) the premium is set by the technical committee on a case-by-case basis.

(18) The following applies to claims settlement: Every claim is processed by the primary insurer who took out the risk. He chooses the experts himself and regulates the damage. Damages over FF 200,000 are the responsibility of a claims committee; the latter decides on the compensation.

(19) The reinsurance premiums contained in the tariff list and those to be made in individual cases are net premiums that are calculated with regard to the expected loss and to which the proportionate administrative costs are added. The premiums transferred to the pool do not include administrative costs for the primary insurer or broker commissions.

Assurpol's insurance certificate

(20) The coverage offered by Assurpol is a special insurance to cover liability claims for environmental damage caused by an accident or otherwise (gradually) accidental and originating from an industrial or commercial establishment, as defined in Act No. 76-633 from 19. July 1976 (6).

The guarantee amounts to a maximum of FF 131 million per claim and contract per year. (Compensation for all claims that the insurer becomes aware of in the course of an insurance year and which can be traced back to a single loss event.)

Refurbishment costs and operational downtimes are covered up to a maximum of 20% of this guarantee amount.

The contract is concluded for one year and can be extended by one year at a time.

The insurance market

(21) The risk of damage to the environment as a result of accidents is covered in France and in most of the other Member States by specific general liability insurance policies.

The insurance of risks other than accident risks (risk of gradual environmental pollution) is not very widespread worldwide.

In the European Community there are a total of three insurance pools established by insurance companies in Italy (Pool Inquinamento), the Netherlands (MAS-Pool) and France (Assurpol), which offer cover for accidental and insidious environmental damage as part of special insurance policies.

In view of the differences that still exist between the Member States in the areas of environmental protection laws, civil and tax law, legal and administrative provisions for the insurance markets, safety and damage prevention regulations for industry and trade, and also in view of the differences in soil quality and plant construction and taking into account In view of the fact that there is not yet complete freedom to provide services to small and medium-sized enterprises in this sector, the conditions of competition for environmental liability insurance are only similar for all parties within national borders.

The geographic insurance market currently covers the entire French territory. The relevant product market includes Assurpol's insurance policies and all other liability policies that cover environmental risks, even if the insurance covers only accident or gradual risks and even if other risks are also covered at the same time.

According to Assurpol, the premium income from insurance contracts, including a liability guarantee for environmental damage (commercial liability insurance), amounted to FF 6.5 billion in France in 1988. Only around FF 200 million of these premiums are used to protect against environmental damage as part of liability insurance.

Environmental risk coverage is offered in particular by 122 insurance companies active in general liability insurance in France. In 1989 (7) the premium income here amounted to FF 7.5 billion gross, with around 75% of this premium income coming from the primary insurers participating in the pool.

Inquirers are industrial companies whose operating systems can cause environmental damage.

Assurpol estimates that in France there are around 40,000 industrial and commercial companies operating around 500,000 plants that must comply with certain statutory safety regulations.

The elasticity of demand depends on the companies' risk awareness, the existing risks and the economic situation.

Sudden fluctuations in demand can be caused by factors outside of the actual risks; this includes the environmental protection laws, which tighten the liability of the polluters, the increasing importance of jurisprudence, the development of science and medicine and the level of public awareness.

Demand is expected to increase as environmental problems worsen worldwide and in the community.

The reinsurance market

(22) The reinsurance market is a global market with sales in the order of 50 billion US dollars (8).

Reinsurance protection is in demand from insurance companies who find in reinsurers the financial and technical backing to cover risks that are difficult to assess, the damage of which can devour large sums of money and which are difficult to predict.

The offer is broadly diversified. Several hundred companies are active in the market. These are both commercial reinsurers and direct insurers with their own specialist companies. There is fierce competition.

Assurpol's market position

(23) Assurpol concluded no more than 200 contracts in 1989 and 242 in 1990. For this purpose, FF 6.5 million in premiums were collected in 1989 (3% of the estimated premium income in general liability insurance), with FF 10.3 million being collected. Garpol too had received no more than FF 4.4 million in contributions.

Nevertheless, the WIV Assurpol in France would be able to reinsure over 70% of the cover commitments for environmental risks located in France, if one considers that on the one hand the primary insurers involved in the pool general liability and other risks of 70-80% of those in question Insurance companies cover and that, on the other hand, the environmental risks could be removed from existing insurance contracts and insured with Assurpol.

(24) The economic interest group Assurpol currently occupies only a very subordinate position on the international reinsurance market.

Third party comments

(25) After the publication pursuant to Article 19 (3) of Regulation No. 17 the Commission did not receive any comments from third parties.

II. LEGAL ASSESSMENT

A. Article 85 paragraph 1

1 . Businesses, business associations and resolutions by business associations

(26) For the purposes of Article 85 (1) of the EEC Treaty, the members of Assurpol are companies and the economic interest group is an association of companies. The reinsurance pool contract is a contract between companies.

Assurpol's business activities are based on the decisions of its general assembly and its other organs, which are decisions of business associations within the meaning of Article 85 (1) of the EEC Treaty.

2. Restraints of competition

(27) The agreements between insurance undertakings and reinsurance undertakings on the establishment of a permanent reinsurance pool with a fixed structure and the resolutions of business associations on the activities of the pool aim and bring about a coordination of the competitive behavior between the contracting parties and a restriction of competition in direct insurance, which Reinsurance and the retrocession of environmental risks posed by industrial and commercial installations in France.

a) Restraints of competition in the field of primary insurance

(28) The participating insurance companies are giving up their freedom to independently determine the general conditions and net premiums for insurance contracts that they subscribe to for the cover of environmental risks and that originate in commercial and industrial plants as classified in French law no. 76-663 have. They must also assign their policies to the pool on the basis of reinsurance premiums (net premiums plus a uniform share of the association's administrative costs).

Risks that cannot be classified on the basis of the premium table may not, however, be taken over and classified directly by the direct insurers independently of one another, but the direct insurers must be guided by the decisions of the technical committee, which sets the net premiums on a case-by-case basis.

Even if each insured person is free to determine the gross premium independently, the agreements still aim and effect a restriction of competition between the insured persons who, without the agreements, would have greater independence in setting the premiums and the contractual conditions and therefore compete under different conditions would stand to each other.

The fact that direct insurers can conclude contracts on premiums and conditions other than those set by the technical committee does not limit the extent of this restriction of competition, because direct insurers are only allowed to conclude a contract with different conditions after consulting the committee and therefore lose reinsurance cover if they take over the cover on different terms.

(29) The business independence of the insurance companies involved in the agreement is also restricted by the following obligations:

- through the prescribed uniform deductible to be borne for your own account,

- the prohibition of retrocession for the share to be borne by them in the risks they have brought into the pool and

- by not having to deal with claims in excess of FF 200,000, whereby the insurers undertake to comply with the decisions of the relevant committee.

Without these restrictions, the primary insurers could freely choose a deductible that was tailored to the risks and reinsurance needs, independently set or reject the amount of compensation and, e.g. handle in the context of comparisons.

(30) As the Commission has already confirmed in TEKO Decision 90/22 / EEC (9), the discovery of these restrictions

- neither excluded by the fact that the agreements were made with regard to the reinsurance community, since the possibilities of influencing the direct insurers are greater than with normal reinsurance. Such influences are usually limited to a review of the premiums and the conditions agreed upon independently by the primary insurers;

- still constrained by the fact that the insurance companies involved in the agreements would not be able to insure environmental risks without the services of Assurpol. Even if the risks are difficult to assess because their level cannot be foreseen and they can assume a considerable extent due to external factors, it cannot be ruled out that risks of gradual environmental damage, if not by individual direct insurers, then at least in the form of a less structured cooperation between the companies concerned or with other companies could be covered.

b) Restrictions on reinsurance

(31) With the creation of the reinsurance pool, the primary insurers are restricting their freedom of choice when it comes to assigning the risks they individually insure and thus foregoing competition in the demand for reinsurance services.

If this exclusivity had not been given in reinsurance, the primary insurers would be free to choose, independently of one another, the most suitable reinsurer to cover the risks contained in their insurance portfolio.

The obligation imposed on the primary insurers to offer to the pool for reinsurance all risks underwritten by them and falling within the scope of the agreement reinforces the restriction by enabling the reinsurers to monitor at any time the risks that are covered by the members, however, cannot be brought into the pool. In this way, the reinsurers also receive information about the reinsurance conditions offered by the competitors.

The reinsurers participating in the pool for their part refrain from competing in the reinsurance of the risks in question because they are bound by exclusivity in reinsurance, because they offer reinsurance protection on the same terms and because the premiums for the joint reinsurance are determined by the committees of Community to be established.

Without the agreements, the reinsurers participating in the pool would have the freedom to set the reinsurance conditions according to the individual risks offered to them and the performance of the primary insurer concerned.

c) Restrictions on retrocession

(32) The fact that retrocession is only possible for a joint account removes the freedom of choice for direct insurers and reinsurers in retrocession of the risk to be borne by each of them. They refrain from covering each other individually or separately with retrocession and thus developing competition in the demand for retrocession opportunities.

3. Noticeable impact on trade between Member States

(33) The notified agreements and the related decisions are likely to have a noticeable effect on trade between Member States, both in primary insurance and in reinsurance and retrocession.

By their very nature, price-fixing agreements which extend over the entire territory of a Member State have the effect of consolidating an already existing foreclosure of the national market concerned and thus hinder the mutual economic penetration sought by the Treaty (10). Due to the large number of insurance companies involved, the agreements notified by Assurpol are capable of having an impact on the entire French national territory.

The companies involved in the pool also include foreign reinsurers as well as subsidiaries and branches of foreign insurance and reinsurance companies that belong directly to these companies and consequently participate in intra-Community trade themselves.

(34) Even if, given the current state of Community law within the European Community, the situation on the environmental liability insurance market is still characterized by national markets that exist side by side and the intra-Community exchange is therefore limited in scope, the situation can be expected to change in the future.

It should also be borne in mind that the plants insured may also belong to foreign companies (11), even if the primary insurance contracts concern environmental risks emanating from industrial and commercial plants in France.

After the geographical expansion of the scope of the agreement decided by the technical committee, industrial and commercial installations in other Member States of the Community can also be included in the insurance cover.

The economic and financial power of the pool members means that there is a noticeable impairment.

(35) In the reinsurance sector, the impairment of international trade is based on the fact that five reinsurance undertakings are involved in the pool, whose registered offices are in Member States outside France, and that the parties have agreed exclusivity. This exclusivity in the reinsurance of environmental liability risks also prevents pool participants, despite certain derogations, from using other reinsurers in the Community, which leads to a diversion of the flow of reinsurance services between the Member States.

A noticeable impairment of trade between member states in the reinsurance sector can also be assumed due to the size of the insurers and reinsurers involved in the pool.

(36) In the area of ​​retrocession, an impairment of international trade is to be assumed due to the fact that retrocession contracts at European or international level may only be concluded for joint account, which means that the flow of services in this area between the Member States is different than when the individual reinsurers would carry out the recession on their own.

Given the size of the reinsurers concerned, the diversion of the flow of services in the area of ​​retrocession in a given direction is likely to have a noticeable effect on trade between the Member States.

B. Article 85 paragraph 3

(37) However, the agreements and decisions by which the Assurpol reinsurance pool was set up and which serve to implement it meet the conditions for an exemption under Article 85 (3) of the EEC Treaty.

1 . Improving the production or distribution of goods and promoting technical and economic progress

(38) The characteristics of the risks of environmental damage, which vary depending on internal or external factors, the sometimes long periods between the event causing the damage, the occurrence of the damage and the assertion of the claim for compensation as well as the lack of statistical information make it difficult to insure risks of this type, especially if the damage cannot be traced back to accidents. Given the difficulty of classifying these risks and determining reasonable premiums, coverage of such risks is not widespread around the world.

The cooperation between the insurance and reinsurance companies within the Assurpol economic interest group enables better risk classification, the development of financial capacities and the development of technical knowledge for the insurance of environmental risks.

The pool's assumption of reinsurance enables each participant to diversify and balance their insurance portfolio, which makes it much easier to insure the risks.

The automatic reinsurance of the risks underwritten under fixed conditions brings about a rationalization due to the fact that the direct insurers are no longer compelled to seek a reinsurer in each individual case and to negotiate contracts with different reinsurers.

An improvement in production can be seen in the fact that the insurance product is better adapted to the needs of demand; its distribution is improved by the fact that the assumption of a risk can take place in shorter periods of time.

With the cooperation in the pool, the basis for the development of statistics and the better classification of risks is expanded through the contribution of the international experience of the reinsurers, the implementation of preventive measures and the development of less environmentally hazardous industrial production processes are facilitated and thus a contribution to the technical and economic progress made.

Claims processing is also accelerated. The technical and legal problems that can only be solved by qualified experts can be dealt with more easily thanks to the pooling of knowledge and international experience of the reinsurers involved in the pool.

Cooperation in the reinsurance pool opens the market for companies which, due to their limited capacities and experience, would have difficulty accessing this market on their own; furthermore, insurance activities in this area outside national borders are facilitated.

2. Benefits to consumers

(39) Consumers also benefit appropriately from the establishment and operation of Assurpol. Cooperation within the pool increases the availability of an insurance product that is better suited to the needs of industrial and commercial companies that face environmental damage from and in their commercial facilities. Due to the capacity of the pool, both the risks of small and medium-sized companies and large companies can be insured.

Thanks to the collaboration within the framework of Assurpol, the pool partners can offer small and medium-sized retailers in France an insurance contract that would not be readily available to them even outside the borders of France, as they are based on a single authorization and control based on freedom to provide services for risks of this group of companies does not yet exist.

Even if an Assurpol policy cannot cover all economic losses due to damage that has occurred, this at least guarantees that these are bearable for the insured person. In any case, the victims can be compensated, the environmental damage can be remedied and the business activities of the companies concerned can be continued.

The preventive measures associated with issuing the insurance are also a contribution to economic and technical progress and environmental protection.

In view of the existing standard conditions for insurance contracts, it is easier for consumers to compare the gross premiums applied by the insurance companies involved.

Another advantage for consumers is the possibility that insurance cover can also be granted for industrial and commercial installations outside the French territory and therefore installations in other Member States can also be covered by an insurance contract.

An added benefit for consumers is the simultaneous coverage of accidental and gradual environmental damage in a single policy, eliminating the need to prove the origin of the damage.

3. The indispensability of restrictions

(40) The agreements and decisions establishing and regulating the activities of the Assurpol reinsurance pool do not impose any restrictions on the undertakings concerned which are not essential to improve the production and distribution of the insurance product covered by the cooperation.

Joint reinsurance is an appropriate means of creating the capacity to cover environmental risks, of making it easier to classify risks and of building the technical knowledge necessary to insure such risks.

The establishment of common, general conditions for primary insurance policies, the establishment of a tariff table for reinsurance premiums and the specification of the premiums for severe risks by the technical committee in individual cases are indispensable for the coverage of the risks, since on the one hand the lack of statistical documents and the nature of the risks Prevent participants from independently acquiring sufficient knowledge to classify the risks and set appropriate premiums and, on the other hand, because the reinsurance costs must be borne jointly by all primary insurers.

The obligations imposed on direct insurers to base their policies on uniform, general conditions, to set the premiums using the tariff table and, in certain cases, to have the technical committee set the premiums in order to obtain reinsurance from the pool the orderly operation of the reinsurance community is indispensable. Since the companies involved share the risks and rewards, it is important to ensure that appropriate rewards and conditions are set and that none of the companies is making losses to the detriment of the other participants.

These restrictions do not go beyond what is necessary, as they leave direct insurers the freedom to set the gross premiums themselves. In this area, consumers are not prevented from choosing between different direct insurers.

It is essential to set a deductible that cannot be reinsured in order to ensure that direct insurers continue to carry out their actual activities and do not limit themselves to merely acting as an intermediary. The uniformity of this amount results from the way the joint reinsurance works. The obligation imposed on the pool members not to retrocede their share of the reinsurance of the risks transferred to the pool is justified for the same reasons.

The joint settlement of claims for serious risks can be explained on the one hand by the fact that the reinsurers share the liability and on the other hand by the fact that, in view of the complex technical and legal issues involved in assessing losses, it must be ensured that none of the reinsurers adversely affect unreasonable settlement conditions the rest applies.

Joint retrocession is necessary to achieve more favorable retrocession terms because it is foreseeable that the pool will have greater room for negotiation on the international markets than the individual reinsurers.

The obligation imposed on the insurers to offer all risks covered by the agreements to the association for reinsurance in a uniform proportion is indispensable in order to ensure sufficient diversification of the risks and at the same time to prevent the individual pool members from making an unfavorable selection for the pool is made. The expansion of joint reinsurance to cover accident-related risks is the safeguard of this diversification.

4th Maintaining competition

(41) The cooperation of a large number of liability insurers operating in France with large international reinsurance companies within the framework of the economic interest group Assurpol, which cooperation takes place directly or through their subsidiaries or branches in France, does not give the parties the opportunity to compete for a substantial one To eliminate part of the insurance services in question, as the primary insurers are free to offer the Assurpol insurance product to consumers at independently determined gross premiums. For consumers, the option of choosing between primary insurers is not only guaranteed, but even improved, as the joint reinsurance allows a larger number of insurance companies to offer an insurance product that is better suited to demand.

In primary insurance, competition persists in that it continues to offer lower-level policies that, unlike Assurpol, do not cover the risks of gradual pollution.

Furthermore, the primary insurers involved are free to cover the risks under other conditions by reinsurance outside the pool if they do not agree to the conditions set by the technical committee. They are also not prohibited from entering into contracts with other insurance companies to cover risks. The agreements also do not provide for restrictions that will persist after they expire; Furthermore, the participants are free to withdraw from the pool with a notice period of three months to the end of a financial year.

Thus, a primary insurer can exit the pool without major difficulties if he is convinced that he has acquired sufficient knowledge to classify the risks and the setting of the premiums, and if he finds other ways and means, the financial capacity necessary for the cover build up.

The simple possibility of withdrawing from the pool and the absence of restrictions after the expiry of the agreements ensure that current or potential competitors are not prevented from similar forms of merger and that the participants have all possibilities of competition after a withdrawal or after the agreement has expired which justifies the assumption that competition between them will intensify in the future.

Competition is not eliminated in reinsurance either, as this is a global market with a large number of companies that are not part of the agreements.

Even if the pool were able to cover the environmental risks of almost all industrial and commercial plants in France - the primary insurers involved already cover 70 to 80% of the other risks of this demand - it would only be assumed that Assurpol- Policies for this entire portfolio will be written in the near future. This could e.g. B. would be the case if liability insurance for these risks were made mandatory. Even in such a case, however, it is unlikely that the notified agreements will enable the parties to exclude competition, since the opening of the insurance markets in the Community will give even small and medium-sized enterprises the opportunity to take out insurance outside the country's borders and other forms of coverage for these risks are likely to emerge.

C. Articles 6 and 8 of Regulation No. 17th

(42) According to Article 6 (1) of Regulation No. 17 this decision can be made on 6. Take effect February 1991. On this day, the commission received the new wording from the extraordinary general meeting of the economic interest group Assurpol on 21. December 1990 approved agreement on joint reinsurance together with internal procedural rules.

(43) In view of the limited experience to date with covering these risks, which are considered new and which fluctuate depending on external and internal factors, cooperation between the companies involved must be made possible for a period of time that enables a deeper knowledge of these risks. On the other hand, since a sudden fluctuation in demand for this insurance product cannot be ruled out, it seems appropriate, in accordance with Article 8 (1) of Regulation No. 17 to grant the exemption for a period of seven years.

(44) In order to enable the Commission to check for the duration of the exemption whether the conditions under which it was granted are still met, Assurpol should be ordered to make all changes to and / or additions to the notified agreements and changes to the coefficient for the calculation of the costs for joint reinsurance as well as withdrawals from the pool, the entry of further companies and the number of Assurpol contracts signed annually, including the annual amount of the premiums assigned for this purpose for reinsurance -

HAS ADOPTED THIS DECISION: Article 1

Article 85 paragraph 1 of the EEC Treaty is dated 6 February 1991 to 5. February 1998 not applicable to the following agreements in accordance with Article 85 (3) of the EEC Treaty:

- the statutes of the Assurpol economic interest group and

- the agreement on common reinsurance and the internal rules of procedure, both adopted by the general assembly of Assurpol on 21 Approved December 1990 and presented to the Commission on 6 February 1991. Article 2

The exemption under Article 1 is subject to the condition that the economic interest group Assurpol notifies the Commission once a year of the following: any changes or additions to the notified agreements, any change in the coefficient for calculating the cost of joint reinsurance, withdrawals from the pool , the entry of new companies, the number of Assurpol contracts signed annually as well as the sum of the premiums ceded for this purpose for joint reinsurance. Article 3

This decision is addressed to the economic interest group Assurpol, 29, rü des Trois Fontanot, BP 320, F-92003 Nanterre. Brussels, 14. January 1992 For the Commission

Leon BRITTAN

Vice-President (1) OJ No . 13 from 21. 2. 1962, p. 204/62. (2) OJ No . C 188 from 19. 7th 1991, p. 7th (3) Cf. Annex with the list of the direct insurers and reinsurers involved. (4) Report of the Minister of Economics and Finance to the President of the Republic on insurance companies and capital collection agencies for the 1989 budget year. (5) OJ No . L 230 of 5. 8th . 1982, p. 1 . (6) These are fixed installations which pose particular risks to health, nature conservation and the environment and which must therefore meet certain safety requirements. (7) Report of the Minister of Economics and Finance to the President of the Republic on insurance companies and capital collection agencies for the 1989 budget year. (8) Eurostar Dafsa, Les Compagnies d'Assurance en Europe, Volume 1, "Analyzes de secteurs" series, 4. Previous year 1988, p. 96. (9) OJ No . L 13 of 17. 1 . 1990, p. 34. (10) VCH judgment of 17. October 1972, Coll. 1972, p. 977, recital 18. (11) Commission Decision 90/25 / EEC "Concordato incendio" (OJ No L 15, 19.1.1990, p. 25).

ATTACHMENT

PARTICIPATING PRIMARY INSURERS

ABEILLE-ASSURANCES

52, rü de la Victoire

75455 PARIS CEDEX 09

ACTE IARD

6, rü de Niederbronn

67000 STRASBOURG

ALLIANZ FRANCE SA

18, rü Paul Lafargü

LA DÉFENSE 10 - 92800 PUTEAUX

RIUNIONE ADRIATICA DI SICURTA

RAS - SA

18, rü Paul Lafargü

LA DÉFENSE 10 - 92800 PUTEAUX

ASSURANCES DU CRÉDIT MUTÜL IARD (ACM-IARD)

34, rü you Wackem

67010 STRASBOURG CEDEX

AGF

87, rü de Richelieu

75060 PARIS CEDEX 02

ASSURANCES MUTÜLLES DE L'INDRE (AMI)

25, back Porte Thibault

BP no 137

36003 CHÂTEAUROUX

ASSURANCES MUTÜLLES DE SEINE-ET-MARNE

19, rü de la Pépinière

75008 PARIS

CAISSE GÉNÉRALE D'ASSURANCES MUTÜLLES (CGA)

14, rü Racine

44046 NANTES CEDEX 01

CAISSE INDUSTRIAL D'ASSURANCES MUTÜLLES CIAM

7, rü de Madrid

75081 PARIS CEDEX 08

LANGÜDOC

7, rü de Madrid

75083 PARIS CEDEX 08

RHIN ET MOSELLE

ASSURANCES FRANÇAISES

1, rü des Arquebusiers

67000 STRASBOURG

CAISSE MUTÜLLE D'ASSURANCES ET DE PRÉVOYANCE (CMA)

47-49, rü de Miromesnil

75380 PARIS CEDEX 08

CHUBB COMPAGNIE D'ASSURANCES EUROPÉENNE SA

12, rü de Penthièvre

75008 PARIS

COMMERCIAL UNION IARD

104, rü de Richelieu

75002 PARIS

CAMAT

Caisse d'assurances maritimes, aériennes et terrestres

9, rü des Filles Saint-Thomas

75083 PARIS CEDEX 02

LA CONCORDE

5, rü de Londres

75009 PARIS

LE CONTINENT

62, rü de Richelieu

75015 PARIS CEDEX 02

DROUOT ASSURANCES (AXA ASSURANCES)

45, rü de Châteaudun

75009 PARIS

MUTÜLLE PARISIENNE DE GARANTIE MPG (AXA ASSURANCES)

45, rü de Châteaudun

75009 PARIS

MUTÜLLES UNIES (AXA ASSURANCES)

45, rü de Châteaudun

75009 PARIS

PRÉSENCE ASSURANCES (AXA ASSURANCES)

45, rü de Châteaudun

75009 PARIS

PATERNELLE RD (AXA ASSURANCES)

45, rü de Châteaudun

75009 PARIS

PRÉVOYANCE MUTÜLLE MACL (AXA ASSURANCES)

45, rü de Châteaudun

75009 PARIS

ELVIA-STÉ SUISSE D'ASSURANCES, ZURICH

153, rü du Faubourg Saint-Honoré

75383 PARIS CEDEX 08

LA FRANCE

7-9, boulevard Haussmann

75309 PARIS CEDEX 09

GAN incendie accidents

Tour GAN - Cedex 13

92082 PARIS-LA-DÉFENSE

GENERAL ACCIDENT

40, rü Laffitte

75440 PARIS CEDEX 09

GROUPE AZUR ASSURANCE MUTÜLLE

8-12, rü Boissy d'Anglas

75382 PARIS CEDEX 08

GFA

38, rü de Châteaudun

75439 PARIS CEDEX 09

HANNOVER INTERNATIONAL - HIF

17, rü de Provence

75009 PARIS

LLOYD CONTINENTAL

1 ter, rü du Maréchal De Lattre de Tassigny

59671 ROUBAIX CEDEX 01

LA LUTÈCE

15, rü du Musée Guimet

69006 LYON

MUTÜLLE D'ASSURANCE OF THE PROFESSION

ALIMENTAIRES

(La Prévoyante Accidents)

Rü Anatole Contré

17411 SAINT-JEAN D'ANGÉLY CEDEX

MUTÜLLE GÉNÉRALE D'ASSURANCES (MGA)

6-10, rü du Bourg Neuf

41007 BLOIS

MUTÜLLES DU MANS ASSURANCES

19-21, rü Chanzy

72030 LE MANS CEDEX

MUTÜLLE DE POITIERS

47, rü de la Cathédrale

BP no 297

86007 POITIERS CEDEX

MUTÜLLE DES PROVINCES DE FRANCE - MPF

19, avenu Grammont

37017 TOURS CEDEX

MUTÜLLES RÉGIONALES D'ASSURANCES (MRA)

Le Croc - BP no 30

45430 CHECY

NATIONAL SUISSE FRANCE

79-81, rü de Clichy

75009 PARIS

LA NORMANDY

6, rü Stanislas Girardin

BP no 811

76001 ROUN CEDEX

PFA

Cedex 43

92076 PARIS-LA-DÉFENSE

SOCIÉTÉ LILLOISE D'ASSURANCES ET DE RÉASSURANCES

11 A, avenu de la Marne

59290 WASQUEHAL

SIS ASSURANCE

Immeuble SIS

38, rü Jacques Ibert - BP no 21

75822 PARIS CEDEX 17

UAP

26, rü Le Peletier

75449 PARIS CEDEX 09

UNION ET PHÉNIX ESPAGNOL

86, boulevard Haussmann

75008 PARIS

VIA ASSURANCES NORD ET MONDE

20, rü Le Peletier

75439 PARIS CEDEX 09

WINTERTHUR

Tour Winterthur Cedex 18

92082 PARIS-LA-DÉFENSE

ZURICH ASSURANCE

14, boulevard Poissonnière

75426 PARIS CEDEX 09

ABRI (ZURICH INTERNATIONAL FRANCE)

14, boulevard Poissonnière

75426 PARIS CEDEX 09

INVOLVED REINSURERS

ABEILLE RÉASSURANCES

11, rü de la Rochefoucauld

75442 PARIS CEDEX

BAVARIAN RETURN

P.O. Box 220106

D-8000 MUNICH 22

CAISSE CENTRALE DE RÉASSURANCE (CCR)

31, rü Henri Rochefort

75017 PARIS

CIE DE RÉASSURANCE DE PARIS COREPA

18, rü Paul Lafargü

LA DÉFENSE 10

92800 PUTEAUX

CIE SUISSE DE RÉASSURANCES

Mythenquai 50-60

BP no 172

CH-8022 ZURICH

CIE TRANSCONTINENTALE DE RÉASSURANCE

15, rü Louis Grand

75002 PARIS

EISEN UND STAHL-RÜCKVERSICHERUNGS-AG

Karl-Wiechert-Allee 50

D-3000 HANNOVER 61

HANNOVER RÜCKVERSICHERUNGS-AG

Karl-Wiechert-Allee 50

D-3000 HANNOVER 61

COLOGNE RETURN

61, avenu Franklin Roosevelt

75008 PARIS

MUNICH BACK

Königinstrasse 107

D-8000 MUNICH 40

MUTÜLLE CENTRALE DE RÉASSURANCES

65, rü de Monceau

75008 PARIS

SAFR

Société anonyme française de réassurances

34-36, boulevard de Courcelles

75849 PARIS CEDEX 17th

SOCIÉTÉ COMMERCIALE DE RÉASSURANCE

Immeuble SCOR - Cedex 39

92074 PARIS-LA-DÉFENSE

SOREMA

29, rü de Washington

75008 PARIS