Activities of Jorgo CHATZIMARKAKIS related to 2012/0175(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on insurance mediation (recast)
Amendments (8)
Amendment 32 #
Proposal for a directive
Recital 40
Recital 40
(40) This Directive should specify the minimum obligations which insurance undertakings and insurance intermediaries should have in providing information to customers. A Member State should be able to in this area maintain or adopt more stringent provisions which may be imposed on insurance intermediaries and insurance undertakings independently of the provisions of their home Member State where they are pursuing insurance mediation activities on its territory provided that any such more stringent provisions comply with Union law, including Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). A Member State which proposes to apply and applies provisions regulating insurance intermediaries and the sale of insurance products in addition to those set out in this Directive should ensure that the administrative burden stemming from these provisions is proportionate for consumer protection. In the interest of consumer protection and in order to prevent mis-selling of insurance products, Member States should be permitted to apply exceptionally the more stringent requirements to such insurance intermediaries conducting insurance mediation on an ancillary basis if they consider it necessary and proportionate.
Amendment 47 #
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9). ‘advice’ means the provision of a personal recommendation to a customer, either upon their request or at the initiative of the insurance undertaking or the insurance intermediary;
Amendment 48 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10). ‘'contingent commission’' means a remuneration in the form of a commission where the amount payable is based on the achievement of pre-agreed targets or thresholds relating to the volume of business placed by the intermediary with thate insurer;,
Amendment 55 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5 a. Registered insurance and reinsurance intermediaries shall be allowed to take up and pursue the activity of insurance and reinsurance mediation in the Union by means of both freedom of establishment and freedom to provide services
Amendment 132 #
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 givprovides its advice on the basis of a fair analysis, it is obliged to givprovide 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 135 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The information referred to in Articles 16, 17 and 18 need not be givenprovided when the insurance intermediary or insurance undertaking mediates in the insurance of large risks, in the case of mediation by reinsurance intermediaries or reinsurance undertakings, or in relation to professional customers as specified in the Annex .
Amendment 136 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. Member States which maintain or adopt stricter provisions applying to insurance intermediaries shall ensure that these provisions respect level playing field principles and that the administrative burden stemming from these provisions is proportionate relative to the consumer protection benefits.
Amendment 139 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shallmay allow bundling practices but not tying practices.