11 Amendments of Philippe DE BACKER related to 2012/0175(COD)
Amendment 168 #
Proposal for a directive
Recital 41
Recital 41
(41) Cross-selling practices are a common strategy for retail financial service providers throughout the Union. They can provide benefits to consumers but can also represent practices where the interest of consumers is not adequately considered. For instance, certain forms of cross-selling practices or products, namely tying practices where two or more financial services are sold together in a package and at least one of thosean insurance service or product is sold together in a package with another financial service or product and the main financial services or products of that package is not available separately, can distort competition and negatively affect consumers' mobility and their ability to make informed choices. An example of tying practices can be the necessary opening of current accounts when an insurance service is provided to a consumer in order to pay the premiums or the necessary conclusion of a motor insurance contract when a consumer credit is provided to a consumer in order to insure the financed car. While practices of bundling, where two or more financialan insurance services or products are is sold together in a package, but each of the services with another financial service or product, but the main financial service or product of that package can also be purchased separately, may also distort competition and negatively affect customer mobility and customers' ability to make informed choices, they at least leave choice to the customer and may therefore present less risk to the compliance of insurance intermediaries with their obligations under this directive. The use of such practices should be carefully assessed in order to promote competition and consumer choice. The offer of a comprehensive insurance policy, for example fire insurance covering losses due to natural catastrophes also, is not a cross-selling practice. Such a policy provides consumers with extensive insurance protection. This directive regulates cross- selling of financial products. The Unfair Commercial Practices Directive 2005/29/EC remains applicable for practices of cross-selling of financial services or products with non-financial services or products.
Amendment 203 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – subparagraph 1
Article 2 – paragraph 1 – point 3 – subparagraph 1
3. ‘insurance mediation’ means the activities of advising on , proposing or carrying out other work preparatory to the conclusion of contracts of insurance, concluding such contracts or assisting in the administration and performance of such contracts, in particular in the event of a claim , and the activity of professional management of claims and loss adjusting. These activities. The activities of advising on, proposing or concluding contracts of insurance shall be considered to be insurance mediation also if carried on by an employee of an insurance undertaking in direct contact with the client, without the intervention of an insurance intermediary.
Amendment 227 #
Proposal for a directive
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Amendment 235 #
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘'tying practice’' means the offering to a consumer of one or more ancillary servicefinancial services or products with a main finsuranceancial service or product in a package where this insuranceinvolving at least one insurance service or product, and where the main financial service or product is not made available to the consumer separately.
Amendment 239 #
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘'bundling practice’' means the offering to a consumer of one or more ancillary servicefinancial services or products with a main finsuranceancial service or product in a package where this insuranceinvolving at least one insurance service or product, and where the main financial service or product is also made available to the consumer separately but not necessarily on the same terms or conditions as when offered bundled with the ancillary services.
Amendment 244 #
Proposal for a directive
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'consumer' means a consumer as defined in Article 2(a) of the Unfair Commercial Practices Directive 2005/29/EC.
Amendment 374 #
Proposal for a directive
Article 17 – paragraph 1 – point c – point i
Article 17 – paragraph 1 – point c – point i
(i) it gives independent advice on the basis of a fair analysis,n analysis of a sufficiently large number of insurance products available on the market; or
Amendment 378 #
Proposal for a directive
Article 17 – paragraph 1 – point c – point ii
Article 17 – paragraph 1 – point c – point ii
(ii) it is under a contractual obligation to conduct insurance mediation business exclusively with one or more insurance undertakinggives advice on the basis of an analysis of a limited number of insurance products. In that case, it shall provide the names of those insurance undertakings, with which it may and does business; or
Amendment 379 #
Proposal for a directive
Article 17 – paragraph 1 – point c – point iii
Article 17 – paragraph 1 – point c – point iii
(iii) it is not under a contractual obligation to conduct insurance mediation business exclusively with one or more insurance undertakings and does not give advice on the basis of a fair analysis. In that case, it shall provide the names of the insurance undertakings with which it may and does conduct business gives no advice;
Amendment 510 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When an insurance service or product is offered together with another service or product as a packageIn case of bundling practices, the insurance undertaking or, where applicable, the insurance intermediary shall offer and inform the custoonsumer that it is possible to buy the componentsmain financial service or product of the package separately and shall provide information of the costs and charges of each componenprice of the main financial service or product of the package that may be bought through or from it separately.
Amendment 520 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. This article shall not apply to the offer to a consumer of comprehensive insurance policies, where one insurance policy covers various interrelated insurable risks.