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

2. The competent authority of the host Member State shall assume responsibility for
ensuring that the services provided by the establishment within its territory comply
with the obligations laid down in Chapters VI and VII and in measures adopted
pursuant thereto.
The competent authority of the host Member State shall have the right to examine
establishment arrangements and to request such changes as are strictly needed to
enable the competent authority to enforce the obligations under Chapter VI and
Chapter VII and measures adopted pursuant thereto with respect to the services or
activities provided by the establishment within its territory.
3. Where the host Member State has grounds for concluding that an insurance or
reinsurance intermediary acting within its territory under the freedom to provide
services or through an establishment is in breach of any obligation set out in this
Directive it shall refer those findings to the competent authority of the home Member
State which shall take the appropriate measures. In cases where, despite measures
taken by the competent authority of the home Member State, an insurance or
reinsurance intermediary persists in acting in a manner that is clearly prejudicial to
the interests of host Member State consumers or the orderly functioning of insurance
and reinsurance markets, the insurance or reinsurance intermediary shall be subject
to the following measures:
(a) the competent authority of the host Member State, after informing the
competent authority of the home Member State, shall take all the appropriate
measures needed in order to protect consumers and the proper functioning of
insurance and reinsurance markets including by preventing the offending
insurance or reinsurance intermediaries from initiating any further transactions
within its territory; the competent authority of the host Member State shall
inform the Commission of such measures without undue delay;
(b) the competent authority of the host Member State may refer the matter to
EIOPA and request its assistance in accordance with Article 19 of Regulation
(EU) No 1094/2010; in that case, EIOPA may act in accordance with the
powers conferred on it by that Article in cases of a disagreement between the
competent authorities of the host and home Member States.
4. Where the competent authorities of a host Member State ascertain that an insurance
or reinsurance intermediary who has an establishment within its territory is in breach
of the legal or regulatory provisions adopted in that Member State pursuant to those
provisions of this Directive which confer powers on the host Member State's
competent authorities, those authorities shall require the insurance or reinsurance
intermediary concerned to put an end to this situation.
In cases where, despite measures taken by the competent authority of the host
Member State, an insurance or reinsurance intermediary persists in acting in a
manner that is clearly prejudicial to the interests of host Member State consumers or
the orderly functioning of insurance and reinsurance markets, the insurance or
reinsurance intermediary shall be subject to the following measures:
(a) the competent authority of the host Member State, after informing the
competent authority of the home Member State, shall take all the appropriate
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