18 Amendments of Mario BORGHEZIO related to 2012/0175(COD)
Amendment 37 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the taking-up and pursuit of the activities of insurance and reinsurance mediation, including professional management of claims and loss adjusting, by natural and legal persons which are established in a Member State or which wish to be established there.
Amendment 42 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(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. These activities shall be considered activityies of professional management of claims and loss adjusting. These activitiesadvising on, proposing or carrying out other work preparatory to the conclusion of contracts of insurance, or of concluding such contracts, shall also be considered to be insurance mediation also if carried onut by an employee of an insurance undertaking in direct contact with the client without the intervention of an insurance intermediary.
Amendment 44 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘'tied insurance intermediary’' means any person who carries on the activity of insurance mediation for and on behalf of one or more insurance undertakings or insurance intermediaries,in the case of insurance products which are not in competition and who acts under the full responsibility of those insurance undertakings for insurance intermediaries, provided that the insurance intermediaries under whose responsibility the person acts do not themselves act undthe products which concern them responsibility of another insurance undertaking or intermediary;ectively.
Amendment 112 #
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) if the intermediary will receive a fee or a commission of any kind, the full amount of the remuneration concerning the insurance products being offered or considered or, where the precise amount is not capable of being given, the basis of calculation of all the fee or commission or the combination of both;whether in relation to the insurance contract, the source of remuneration is: (i) the policyholder; (ii) the insurance undertaking; (iii) another insurance intermediary; (iv) a combination of (i), (ii) and (iii).
Amendment 115 #
Proposal for a directive
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 117 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 121 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 123 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 131 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. When the insurance intermediary or the insurance undertaking inform the customer that it gives its advice on the basis of a fair analysis, it is obliged to give that advice on the basis of an analysis of a sufficiently large number of insurance contracts available on the market, to enable it to make a recommendation, in accordance with professional criteria, regarding which insurance contract would be adequate to meet the customer's needs.
Amendment 144 #
Proposal for a directive
Chapter 7 – title
Chapter 7 – title
Amendment 145 #
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
This Chapter applies additional requirements to insurance mediation, when carried on in relation toreplaces Articles 15 to 18 of Chapter VI for the sale of insurance investment products by:
Amendment 158 #
Proposal for a directive
Article 24 – paragraph 3 – point a
Article 24 – paragraph 3 – point a
(a) the insurance intermediary or insurance undertaking and its services. When advice is provided, information shall specify whether the advice is provided on an independent basis and whether it is based on a broad or on a more restricted analysis of the market and shall indicate whether the insurance intermediary or insurance undertaking will provide the customer with the on-going assessment of the suitability of the insurance product recommended to the customer;
Amendment 160 #
Proposal for a directive
Article 24 – paragraph 3 – point b
Article 24 – paragraph 3 – point b
(b) insurance products and proposed investment strategies. This should include appropriate guidancewhether advice is provided independently on the basis of a fair analysis in the market or on the basis onf and warnings of the risks associ analysis of the products offered by an insurance undertaking. The information shall indicated wihether the investments in those products or in respect of particular investment strategies; andsurance intermediary or insurance undertaking will provide the customer with the on- going assessment of the suitability of the insurance product recommended to the customer;
Amendment 161 #
Proposal for a directive
Article 24 – paragraph 3 – point c
Article 24 – paragraph 3 – point c
(c) costs and associated chargeinsurance products while taking into account the complexity of the insurance product and the type of customer (whether consumer or not). This should include appropriate guidance on and warnings of the risks associated with investments in those products.
Amendment 163 #
Proposal for a directive
Article 24 – paragraph 5 – introductory part
Article 24 – paragraph 5 – introductory part
5. When the insurance intermediary or insurance undertaking informs the customer that insurance advice is provided on an independent basis, the insurance intly, the appropriate information refermrediary or insurance undertaking shall to in paragraph 3 shall include the following which shall be provided before the insurance advice:
Amendment 164 #
Proposal for a directive
Article 24 – paragraph 5 – point a
Article 24 – paragraph 5 – point a
(a) assess a sufficiently large number of insurance products available on the market. The insurance products should be diversified with regard to their type and issuers or product providers and should not bethe range of insurance products on which the recommendation will be based and, in particular, whether the range is limited to insurance products issued or provided by entities having close links with the insurance intermediary or insurance undertakingwho represents the customer; and
Amendment 168 #
Proposal for a directive
Article 24 – paragraph 5 – point b
Article 24 – paragraph 5 – point b
(b) not accept or receive fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision ofwhether a fee is payable by the customer for the seradvice to customers.;
Amendment 170 #
Proposal for a directive
Article 24 – paragraph 5 – point b a (new)
Article 24 – paragraph 5 – point b a (new)
(b a) whether the insurance intermediary receives any fees or commissions from third parties in relation to the insurance contract.