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New version applies from 19/12/2002 — introduced by Directive 2002/83/EC. 58 provisions change. Article 5 is deleted from 19/12/2002.

Article 5 - The following paragraph is added to Article 23 of the First Directive :

Article 5
The following paragraph is added to Article 23 of the First Directive :

"3. Each Member State shall take all steps necessary to ensure that the authorities responsible for supervising assurance undertakings have the powers and means necessary for supervision of the activities of assurance undertakings established within their territory, including activities engaged in outside that territory, in accordance with the Council Directives governing those activities and for the purpose of ensuring that they are implemented.

Those powers and meanst must, in particular, enable the supervisory authorities to:

_ make detailed inquires about the undertaking's situation and the whole of its business, inter alia by:

_ gathering information or requiring the submission of documents concerning assurance business,

_ carrying out on-the-spot investigations at the undertaking's premises,

_ take any measures, with regard to the undertaking, which are appropriate and necessary to ensure that the activities of the undertaking remain in conformity with the laws, regulations and administrative provisions with which the undertaking has to comply in each Member State and in particular with the scheme of operations insofar as it remains mandatory, and to prevent or remove any irregularities prejudicial to the interests of policy-holders,

_ ensure that measures required by the supervisory authorities are carried out, if need be by enforcement, where appropriate through judicial channels.

Member States may also make provision for the supervisory authorities to obtain any information regarding contracts which is held by intermediaries.'

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