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

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.
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