TITLE III Provisions peculiar to the freedom to provide services
1.This Title shall apply where an undertaking, through an establishment situated in a Member State, covers a risk situated, within the meaning of Article 2 (d), in another Member State; the latter shall be the Member State of provision of services for the purposes of this Title.
2.This Title shall not apply to the transactions, undertakings and institutions to which the first Directive does not apply, nor to the risks to be covered by the institutions under public law referred to in Article 4 of that Directive.
This Title shall not apply to insurance contracts covering risks classified under the following numbers of point A of the Annex to the first Directive:
- No 1:
as regards accidents at work,
- No 10:
not including carrier's liability,
- No 12:
as regards motorboats and boats which the Member State concerned makes subject to the same arrangements as land motor vehicles at the time of notification of this Directive,
- No 13:
as regards nuclear civil liability and pharmaceutical products liability,
- Nos 9 and 13:
as regards compulsory insurance of building works.
These exclusions will be examined by the Council not later than 1 July 1998.
3.Pending the coordination referred to in Article 7 (2) (c) of the first Directive, the Federal Republic of Germany may retain the prohibition on the simultaneous undertaking in its territory, under the arrangements for the provision of services, of health insurance with other classes.