21 Amendments of Jean-Paul GAUZÈS related to 2012/0175(COD)
Amendment 129 #
Proposal for a directive
Recital 22
Recital 22
(22) It is important to guarantee a high level of professionalism and competence among insurance and reinsurance intermediaries and the employees of direct insurers who are involved in activities preparatory to, during and after the sales of insurance policies. Therefore, the professional knowledge of an intermediary, of the employees of direct insurers, and of car rental companies and travel agents, as well as the professional knowledge of persons carrying on the activities of the management of claims, loss adjusting or expert appraisal of claims needs to match the level of complexity of these activities. Continuing education should be ensured.
Amendment 311 #
Proposal for a directive
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 358 #
Proposal for a directive
Article 16 – paragraph 1 – point a – point ii
Article 16 – paragraph 1 – point a – point ii
(ii) whether or not it provides any type of advice about the insurance products sold;
Amendment 364 #
Proposal for a directive
Article 16 – paragraph 1 – point b – point ii
Article 16 – paragraph 1 – point b – point ii
(ii) whether or not it provides any type of advice about the insurance products sold;
Amendment 407 #
Proposal for a directive
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 432 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 444 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. If any payments other than those dedicated to upholding guarantee are made by the customer under the insurance contract after its conclusion, the insurance undertaking or intermediary shall also make the disclosures in accordance with this Article for each such payment.
Amendment 451 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 463 #
Proposal for a directive
Article 18 – title
Article 18 – title
Advice, and standards for sales where no advice is given
Amendment 472 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) and shall specify to the customer the underlying reasons for any advice to the customer on a specified insurance product, if given.
Amendment 487 #
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 costumer.
Amendment 519 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 a (new)
Article 21 – paragraph 2 – subparagraph 1 a (new)
Where these packages are based on a specific mutualisation without which the technical balance of the guarantees cannot be assured, the package selling obligation may be maintained.
Amendment 526 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. EIOPA shall develop, by 31 December [20XX] at the latest, and update periodically, guidelines for the assessment and the supervision of cross-selling practices and/or of package selling, indicating, in particular, situations in which cross-selling practices are not compliant with obligations set out in Articles 16, 17 and 18 or paragraph 1 of this Article.
Amendment 560 #
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. WThen advice is provided, information shall specify whether ithe 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 598 #
Proposal for a directive
Article 24 – paragraph 5 – point b a (new)
Article 24 – paragraph 5 – point b a (new)
(ba) An insurance intermediary or insurance undertaking may only receive remuneration from its customer.
Amendment 608 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. When providing advice tThe insurance intermediary or insurance undertaking shall obtain the necessary information regarding the customer's or potential customer's knowledge and experience in the field relevant to the specific type of product or service, as well as regarding the customer's or potential customer's financial situation and his investment objectives, on the basis of which the insurance intermediary or insurance undertaking should recommend the insurance products that are suitable for the customer or potential customer.
Amendment 610 #
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
Amendment 614 #
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
Where the insurance intermediary or insurance undertaking considers, on the basis of the information received under the previous subparagraph, that the product or service is not appropriate to the customer or potential customer, the insurance intermediary or insurance undertaking shall warn the customer or potential customer. This warning mayust be provided in a standardised format.
Amendment 617 #
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 3
Article 25 – paragraph 2 – subparagraph 3
Where customers or potential customers do not provide the information referred to in the first subparagraph, or where they provide insufficient information regarding their knowledge and experience, the insurance intermediary or insurance undertaking shall warn them that the insurance intermediary or insurance undertaking is not in a position to determine whether the service or product envisaged is appropriate for them. This warning mayust be provided in a standardised format.
Amendment 623 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The customer must receive from the insurance intermediary or insurance undertaking adequate reports on the service provided to its customers. These reports shall include periodic communications to customers, taking into account the type and the complexity of insurance products involved and the nature of the service provided to the customer and shall include, where applicable, the costs associated with the transactions and services undertaken on behalf of the customer. When providing advice, tThe insurance intermediary or insurance undertaking shall specify how the advice given meets the personal characteristics of the customer.
Amendment 643 #
Proposal for a directive
Article 28 – paragraph 2 – subparagraph 1 – point e
Article 28 – paragraph 2 – subparagraph 1 – point e
(e) in case of a legal person, administrative pecuniary sanctions of up to 10 % of the total annual turnover of the legal person in the preceding business year with a maximum of EUR 100 000 000; where the legal person is a subsidiary of a parent undertaking, the relevant total annual turnover shall be the total annual turnover resulting from the consolidated accounts of the ultimate parent undertaking in the preceding business year;.