[ParlTrack]

Proposal for a regulation
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The Committee on Economic and Monetary Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.

2017/10/30
Committee: ECON

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a regulation
Recital 10

(10) In so doing, this Regulation specifically targets business ~~and construction~~ service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.

2017/10/30
Committee: ECON

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a regulation
Recital 18

(18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

2017/10/30
Committee: ECON

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a regulation
Recital 30

(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributers across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributers and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributer.deleted

2017/10/30
Committee: ECON

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a regulation
Recital 31

(31) In order to ensure uniform implementation of this Regulation in relation to the presentation of the description of liabilities, implementing powers to adopt rules on the standardised presentation format of that statement should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

2017/10/30
Committee: ECON

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a regulation
Article 5

1. Where information on insurance cover is entered into the standard form, in accordance with point (g) of the third subparagraph of Article 4(1), a corresponding insurance certificate shall be attached to the application form. The insurance distributor or the body appointed by a Member State to provide compulsory insurance shall provide the certificate to the applicant upon request. The insurance certificate shall contain information about the existence of professional liability insurance for the services concerned, including the territorial scope of such cover in other Member States, the insured risks, the duration, the insured sums per claim and for all claims in a year, and possible exclusions. 2. The Commission may adopt a harmonised format for the insurance certificate as referred to in the second subparagraph of paragraph 1 by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).Article 5 deleted Insurance certificate

2017/10/30
Committee: ECON

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a regulation
Article 11

Statement relating to third party liability 1. issue, within 15 days of receiving a request to this effect from the policyholder, a statement concerning the third party liability claims related to his activities covered by the contract of professional liabilityArticle 11 deleted claims An insurance, during the preceding years of the contractual relationship up to a maximum of 5 years, or to the absence of such claims, describing the liabilities arising from provision of the services in question which were the object of a claim. 2. The Commission may adopt rules on the standardised presentation format of the statement referred to in paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).istributor shall

2017/10/30
Committee: ECON

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a regulation
Article 12

Obligations for insurance distributors Insurance distributors and bodies appointed by a Member State to provide compulsory insurance shall duly take into account in the acceptance policy and in the calculation of premiums, in a non- discriminatory manner, the experience of the provider as reflected in the claims statement issued in accordance with Article 11, as presented by the provider.Article 12 deleted

2017/10/30
Committee: ECON

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a regulation
Article 13

Obligations for professional organisations Professional organisations, including competent authorities as defined in points (i) and (ii) of Article 3(18), which offer group cover related to professional liability insurance to their members or to providers of services under specific conditions, shall ensure access to such cover, under the same conditions in a non-discriminatory manner, to providers of services from other Member States which express an interest in benefiting from such group cover.Article 13 deleted

2017/10/30
Committee: ECON

9 Amendments of Pervenche BERÈS related to 2016/0403(COD)

ParlTrack - 2011-2024