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

2002/92/EC recital 16 (new)
(17) Appropriate sanctions are needed against persons exercising the activity of insurance
or reinsurance mediation without being registered, against insurance or reinsurance
undertakings using the services of unregistered intermediaries and against
intermediaries not complying with national provisions adopted pursuant to this
Directive.
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(18) In order to enhance transparency and facilitate cross-border trade, EIOPA should
establish, publish and keep up to date a single electronic database containing a record
of each insurance and reinsurance intermediary which has notified an intention to
exercise its freedom of establishment or to provide services. Member States should
provide relevant information to EIOPA promptly to enable it to do this. This database
should show a hyperlink to each relevant competent authority in each Member State.
Each competent authority of each Member State should show on its website a
hyperlink to this database.
(19) The relative rights and responsibilities of home and host Member States in respect of
the supervision of insurance and reinsurance intermediaries registered by them or
carrying on insurance or reinsurance mediation activities within their territory in
exercise of the rights of freedom of establishment or freedom to provide services,
should be clearly established.
(20) Member States should not apply the registration requirements to insurance
intermediaries which conduct insurance mediation in relation to certain types of
insurance contract on an ancillary basis or to professional management of claims, loss
adjusting or expert appraisal of claims, provided that they comply with the
requirements of this Directive as to knowledge and ability and good repute and the
applicable information and conduct of business requirements, and a declaration of
activity has been submitted to the competent authority.
2002/92/EC recital 7 (adapted)
(21) The inability of insurance intermediaries to operate freely throughout the Community
Union hinders the proper functioning of the single market in insurance.
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(22) It is important to guarantee a high level of professionalism and competence among
insurance and reinsurance intermediaries and the employees of direct insurers who are
involved in activities preparatory to, during and after the sales of insurance policies.
Therefore, the professional knowledge of an intermediary, of the employees of direct
insurers, and of car rental companies and travel agents, as well as the professional
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