31. 12.92. Official Journal of the European Communities No L 398/7 COMMISSION REGULATION (EEC) No 3932/92 of 21 December 1992 ' on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices in the insurance sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1534/91 of 31 May 1991 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices in the insurance sector ('), Having published a draft of this Regulation (3, Having consulted the Advisory Commiftee on Restrictive Practices and Dominant Positions, Whereas : ) e ®) Regulation (EEC) No 1534/91 empowers the Commission to apply Article 85 (3) of the Treaty by. regulation to certain categories of agreements, decisions and concerted practices in the insurance sector which have as their object: (a) cooperation with respect to the establishment of common risk premium tariffs based on collecti- vely ascertained statistics or the number of claims ; (b) the establishment of common standard policy conditions ; : (c) the common coverage of certain types of risks ; - (d) the settlement of claims ; (e) the testing and acceptance of security devices ; (f) registers of, and information on, aggravated risks. ’ The Commission by now has acquired sufficient experience in handling individual cases to make use of such power in respect of the categories of agreements specified in points (a), (b), (c) and (e) of the list. In many cases, collaboration between insurance companies in the aforementioned fields goes beyond what the Commission has permitted in its notice concerning cooperation between enterpri- () OJ No L 143, 7. 6. 1991, p. 1. () OJ No C 207, 14. 8. 1992, p. 2. @ ©) (6) ses(), and is caught by the prohibition in Article 85 (1). It is therefore appropriate to specify the obligations restrictive of competition which may be included in the four categories of agreements covered by it. It is further necessary to specify for each of the four categories the conditions which must be satisfied before the exemption can apply. These conditions have to ensure that the collaboration between insu- rance undertakings is and remains compatible with Article 85 (3). It is finally necessary to specify for each of these categories the situations in which the exemption * does not apply. For this purpose it has to define the clauses which may not be included in the agree- ments covered by it because they impose undue restrictions on the parties, as well as other situa- tions falling under Article 85 (1) for which there is no general presumption that they will yield the benefits required by Article 85 (3). Collaboration between insurance undertakings or within associations of undertakings in the compila- tion of statistics on the number of claims, the number of individual risks insured, total amounts paid in respect of claims and the amount of capital insured makes it possible to improve the know- ledge of risks and facilitates the rating of risks for individual companies. The same applies to their use to establish indicative pure premiums or, jn the case of insurance involving capitalization, frequency tables. Joint studies on the probable impact of extraneous circumstances that may influ- ence the frequency or scale of claims, or the yield of different types of investments, should also be included. It is, however, necessary to ensure that the restrictions are only exempted to the extent to which they are necessary to attain these objectives. It is therefore appropriate to stipulate that concerted practices on commercial premiums — that is to say, the premiums actually charged to policyholders, comprising a loading to cover admi- nistrative, commercial and other costs, plus a loading for contingencies or profit margins — are not exempted, and that even pure premiums can serve only for reference purposes. (*) OJ No C 75, 29.7. 1968, p. 3; corrigendum OJ No C 84, 28. 8."1968, p. 14.