13 Amendments of Corien WORTMANN-KOOL related to 2012/0175(COD)
Amendment 188 #
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 229 #
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘remuneration’ means any commission, fee, charge or other payment, including an economic benefit of any kind, economic benefit of any kind, including a commission, fee charge or other payment offered or given in connection with insurance mediation activities.
Amendment 280 #
Proposal for a directive
Article 4
Article 4
Amendment 292 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. For the effective supervision of insurance or reinsurance intermediaries providing their services within the territory of another Member State(s): (i) through a branch, the host Member State shall be responsible for establishing the minimum knowledge and competence requirements applicable to the staff of a branch; (ii) under the freedom to provide services, the home Member State shall be responsible for establishing the minimum knowledge and competence requirements. Host Member States may establish additional knowledge and competence requirements. The competent authorities of the host and the home Member States shall cooperate closely for the effective supervision and enforcement of the minimum knowledge and competence requirements of the host Member State. For this purpose they may delegate tasks and responsibilities to each other.
Amendment 300 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Member States shall ensure that insurance and reinsurance intermediaries and members of staff of insurance undertakings carrying out insurance mediation activities update their knowledge and ability through continuing professional development in order to maintain an adequate level of performance. The required conditions with regard to knowledge and ability shall be established by the Member State in accordance with paragraph 8.
Amendment 314 #
Proposal for a directive
Article 8 – paragraph 8 – introductory part
Article 8 – paragraph 8 – introductory part
8. The Commission shall be empowered to adopt delegated acts in accordance with Article 33. Those delegated actMember States shall specify:
Amendment 384 #
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) the nature of the remuneration that will be received in relation to the insurance contract being offered or considered;
Amendment 400 #
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) if the intermediary will receive an economic benefit of any kind, including 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;
Amendment 474 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) and shall specify, in case any advice is given, to the customer the underlying reasons for anythe advice to the customer on a specified insurance product , if given.
Amendment 488 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Prior to the conclusion of a contract, whether or not advice is given, the insurance intermediary or insurance undertaking shall give the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision, while taking into account the complexity of the insurance product and the type of coustuomer.
Amendment 506 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall allow bundling practices but noand may prohibit tying practices.
Amendment 550 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall require that, when carrying out insurance mediation with or for customers, an insurance intermediary or insurance undertaking acts honestly, fairly and professionally in accordance with the best interests of its customers and complies, in particular, with the principles for reporting information to customers and assessment of suitability and appropriateness set out in this Article and in Article 25.
Amendment 593 #
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 benefita monetary benefit of any kind, including fees or commissions paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to customers on an independent basis.