EUROPEAN COMMISSION Brussels, XXX COM(2012) 360 ... - BVVM

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Proposal for a 2002/92/EC (adapted) 2012/0175 (COD) DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on insurance mediation (recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community on the Functioning of the European Union , and in particular Articles 47(2) 53(1) and Article 55 62 thereof, Having regard to the proposal from the European Commission, new After transmission of the draft legislative act to the national Parliaments, 2002/92/EC Having regard to the opinion of the European Economic and Social Committee, After consulting the European Data Protection Supervisor, new 2002/92/EC new Acting in accordance with the ordinary legislative procedure laid down in Article 251 of the Treaty, EN 14 EN
Whereas: new (1) A number of amendments are to be made to Directive 2002/92/EC of the European Parliament and the Council of 9 December 2002 on insurance mediation 13 . In the interests of clarity, that Directive should be recast. (2) Since the main objective and subject-matter of this proposal is to harmonise national provisions concerning the mentioned areas, the proposal should be based on Article 53(1) and 62 TFEU. The form of a Directive is appropriate in order to enable the implementing provisions in the areas covered by this Directive, when necessary, to be adjusted to any existing specificities of the particular market and legal system in each Member State. This Directive should also aim at coordinating national rules concerning the access to the activity of insurance and reinsurance mediation including professional management of claims and loss adjusting, and is therefore based on Article 53(1) of the Treaty. In addition, since this is a sector offering services across the Union, this Directive is also based on Article 62 of the Treaty. 2002/92/EC recital 1 (adapted) (3) Insurance and reinsurance intermediaries play a central role in the distribution of insurance and reinsurance products in the Community Union . 2002/92/EC recital 2 A first step to facilitate the exercise of freedom of establishment and freedom to provide services for insurance agents and brokers was made by Council Directive 77/92/EEC of 13 December 1976 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of the activities of insurance agents and brokers (ex ISIC Group 630) and, in particular, transitional measures in respect of those activities 14 . 2002/92/EC recital 3 Directive 77/92/EEC was to remain applicable until the entry into force of provisions coordinating national rules concerning the taking-up and pursuit of the activities of insurance agents and brokers. 13 OJ L 9, 15.1.2003, p. 3. 14 OJ L 26, 31.1.1977, p. 12. Directive as last amended by the Act of Accession of 1994. EN 15 EN
Page 1 and 2: EUROPEAN COMMISSION Proposal for a
Page 3 and 4: participants involved in the sellin
Page 5 and 6: Overall, the estimate of the admini
Page 7 and 8: Article 1 enlarges the scope of IMD
Page 9 and 10: intermediation activities on an anc
Page 11 and 12: Chapter VII - Additional customer p
Page 13: The proposal has implications for t
Page 17 and 18: einsurance intermediaries in the in
Page 19 and 20: 2002/92/EC recital 16 (new) (17) Ap
Page 21 and 22: 2002/92/EC recital 22 (adapted) ne
Page 23 and 24: intermediary or undertaking should
Page 25 and 26: the conduct standards applicable to
Page 27 and 28: developments in other areas of Unio
Page 29 and 30: 2002/92/EC new This Directive shal
Page 31 and 32: 2002/92/EC new 5. 'insurance inter
Page 33 and 34: (b) where the intermediary is a leg
Page 35 and 36: intermediary and who pursue the
Page 37 and 38: Member States shall ensure that the
Page 39 and 40: new (a) the name, address and any r
Page 41 and 42: 2. The competent authority of the h
Page 43 and 44: 2002/92/EC (adapted) new Home Memb
Page 45 and 46: years after the entry into force of
Page 47 and 48: 2. The authorities referred to in p
Page 49 and 50: (d) the procedure is free of charge
Page 51 and 52: (iii) the procedures referred to in
Page 53 and 54: eceived by any employee of theirs f
Page 55 and 56: (b) in a clear and accurate manner,
Page 57 and 58: CHAPTER VII ADDITIONAL CUSTOMER PRO
Page 59 and 60: (a) the nature of the service(s) of
Page 61 and 62: cause a disproportionate damage to
Page 63 and 64: Article 30 Reporting of breaches 1.
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shall put an end to the delegation
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new References to the repealed Dire
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transactions. The entities mentione
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The new IMD would continue to have
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new LEGISLATIVE FINANCIAL STATEMENT
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1.4.3. Expected result(s) and impac
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1.6 Duration and financial impact
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Fraud Office (OLAF) and shall immed
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3.2. Estimated impact on expenditur
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1) the content of adequate professi
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Heading of multiannual financial fr
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3.2.3. Estimated impact on appropri
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3.2.4. Compatibility with the curre
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Annex to the Legislative Financial
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new EN 93 EN
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EUROPEAN COMMISSION Brussels, XXX COM(2012) 360 ... - BVVM

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