No L 37/16 Official Journal of the European Communities 14. 2. 92 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 14 January 1992 relating to a proceeding pursuant to 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, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 2, 6 and 8 thereof, Having regard to the notification submitted on 17 February 1989 by the economic interest grouping (EIG) Assurpol concerning agreements relating to the co-reinsurance of environmental damage risks originating in certain types of industrial plant located in France, Having published the summary of the notification pursuant to Article 19 (3) of Regulation No 17 (3, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions, _ : Whereas : I. THE FACTS The notification (1) On 17 February 1989 a co-reinsurance agreement for the covering of certain environmental damage () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 188, 19. 7. 1991, p. 7. risks was notified to the Commission by the econornic interest grouping (EIG) Assurpol with a view to obtaining exemption pursuant to Article 85 (3) of the EEC Treaty. The EIG’s statutes and the agreement’s procedural provisions supplement the co-reinsurance pool’s rules of procedure. At the request of the Commission, a number of amendments were made to the notified instruments (co-reinsurance agreement and procedural provi- sions) so as to ensure that premiums ceded by way of co-reinsurance no longer include commissions paid to intermediaries or the administration costs of insurer-members. Such premiums are henceforth calculated on the basis of pure premiums (fixed in the light of the potential claims cost of the risks), to which is added a flat-rate contribution towards the co-reinsurance pool’s operating costs. The instruments as thus amended were approved by the grouping’s general meeting on 21 December 1990 and transmitted to the Commission on 6 February 1991. The grouping’s objectives Assurpol was formed in October 1988 for a period of 20 years for the purpose of administering the co-reinsurance and retrocession for common account of the risks of damage to the environment, both accidental and non-accidental, originating in