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

2. The competent authorities shall exchange information on insurance and reinsurance
intermediaries if they have been subject to a sanction referred to in Article 8(3) or a
measure referred to in Article 8(4) Chapter VIII and such information is
likely to lead to removal from the register of such intermediaries. The competent
authorities may also exchange any relevant information at the request of an authority.
3. All persons required to receive or divulge information in connection with this
Directive shall be bound by professional secrecy, in the same manner as is laid down
in Article 16 of Council Directive 92/49/EEC of 18 June 1992 on the coordination of
laws, regulations and administrative provisions relating to direct insurance other than
life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life
insurance Directive)(10) and Article 15 of Council Directive 92/96/EEC of 10
November 1992 on the coordination of laws, regulations and administrative
provisions relating to direct life assurance and amending Directives 79/267/EEC and
90/619/EEC (third life assurance Directive)(11).
Article 1012
Complaints
Member States shall ensure that procedures are set up which allow customers and other
interested parties, especially consumer associations, to register complaints about insurance
and reinsurance intermediaries and undertakings . In all cases complaints shall receive
replies.
Article 1113
Out-of-court redress
2002/92/EC
2002/92/EC (adapted)
new
1. Member States shall encourage ensure the setting-up of appropriate, and
effective, impartial and independent complaints and redress procedures for the
out-of-court settlement of disputes between insurance intermediaries and customers,
and between insurance undertakings and customers, using existing bodies
where appropriate. Member States shall further ensure that all insurance
undertakings and insurance intermediaries participate in the procedures for the outof-court
settlement of disputes where the following conditions are met:
(a) the procedure results in decisions which are not binding;
(b) [the running of] the limitation period for bringing the dispute before a court is
suspended for the duration of the procedure for alternative dispute resolution;
(c) the period of prescription of the claim is suspended for the duration of the
procedure;
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