57 Amendments of Othmar KARAS related to 2012/0175(COD)
Amendment 29 #
Proposal for a directive
Recital 30
Recital 30
(30) Consumers should be provided in advance with clear information about the status of the persons who sell the insurance product and about the remuneration which they receive. There is a need to introduce a mandatory status disclosure for European insurance intermediaries and insurance undertakings. This information should be given to the consumer at the pre- contractual stage. Its role is to show the relationship between the insurance undertaking and the intermediary (where applicable) as well as the structure and the content of the intermediaries' remuneration.
Amendment 30 #
Proposal for a directive
Recital 31
Recital 31
Amendment 31 #
Proposal for a directive
Recital 32
Recital 32
Amendment 33 #
Proposal for a directive
Recital 41
Recital 41
(41) Cross-selling practices are a common strategy for retail financial service providers throughout the Union. They can provide benefits to consumers but can also represent practices where the interest of consumers is not adequately considered. For instance, certain forms of cross-selling practices or products, namely tying practices where two or more financial services are sold together in a package and at least one of those services or products is not available separately, can distort competition and negatively affect consumers' mobility and their ability to make informed choices. An example of tying practices can be the necessary opening of current accounts when an insurance service is provided to a consumer in order to pay the premiums or the necessary conclusion of a motor insurance contract when a consumer credit is provided to a consumer in order to insure the financed car. While practices of bundling, where two or more financial services or products are sold together in a package, but each of the services can also be purchased separately, may also distort competition and negatively affect customer mobility and customers' ability to make informed choices, they at least leave choice to the customer and may therefore present less risk to the compliance of insurance intermediaries with their obligations under this directive. The use of such practices should be carefully assessed in order to promote competition and consumer choice.
Amendment 34 #
Proposal for a directive
Recital 42
Recital 42
(42) Contracts of insurance that involve investments are often made available to customers as potential alternatives or substitutes to investment products subject to Directive [MiFID II]17 . To deliver consistent investor protection and avoid the risk of regulatory arbitrage, it is important that retail investment products (insurance investment products as defined in the Regulation on key information documents for investment products) are subject to the same conduct of business standards: these include provision of appropriate information, requirements for advice to be suitable and restrictions on inducements, as well as requirements to manage conflicts of interest, and in the case of independent advisers, restrictions on the form of remuneration. The European Securities and Markets Authority (ESMA) and the European Insurance and Occupational Pensions Authority (EIOPA) should work together to achieve as much consistency as possible in the conduct of business standards for retail investment products that are subject to either [MiFID II] or to this Directive through guidelines. For insurance investment products, the standards of this Directive which are applicable to all insurance contracts (Chapter VII of this Directive), and the enhanced standards for insurance investment products are cumulative. Accordingly, persons carrying out insurance mediation in relation to insurance investment products should comply with the conduct standards applicable to all insurance contracts as well as to the enhanced standards applicable to insurance investment products.
Amendment 35 #
Proposal for a directive
Recital 50
Recital 50
Amendment 36 #
Proposal for a directive
Recital 52
Recital 52
Amendment 39 #
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) the insurance is complementary to goods and services supplied by any provider, where such insurance covers the risk of breakdown, loss of or damage to the goods supplied by that provider ; ; the impossibility to fulfil fully or in part any contractual obligation related to said goods and services in case of death, disability or unemployment; In that case the customer must be informed that his being sold complementary insurance is a non- regulated activity
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 2 – point f (new)
Article 1 – paragraph 2 – point f (new)
(f) the amount of the annual premium for the insurance contract, when pro-rated to produce an annual amount, does not exceed EUR 600 . EIOPA shall review the amount referred to in paragraph 2 (f) regularly in order to take account of changes in the European Index of Consumer Prices as published by Eurostat. The first review shall take place five years after the entry into force of this Directive and the successive reviews every five years after the previous review date. EIOPA shall develop draft regulatory standards which adapt the base amount in euro referred to in paragraph 2 (f) by the percentage change in that Index over the period between the entry into force of this Directive and the first review date or between the last review date and the new review date and rounded up to the nearest euro. EIOPA shall submit those draft regulatory technical standards to the Commission five years after the entry into force of this Directive and the successive reviews every five years after the previous review date. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1094/2010.
Amendment 45 #
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, and who acts under the full responsibility of those insurance undertakings or insurance intermediaries, provided that the insurance intermediaries under whose responsibility the person acts do not themselves act under the responsibility of another insurance undertaking or intermediary;
Amendment 46 #
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; , which is a separate activity from the mediation of insurance products or services;
Amendment 50 #
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘tying practice’ means the offering of one or more ancillary services with an insurance service or product in a package where this insurance service or product is not made available to the consumer separately. Tying practice does not imply the optional offer of one or more than one insurance product or service as a supplement to a financial or insurance product or service.
Amendment 52 #
Proposal for a directive
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) "product" means an insurance policy covering one or several risks.
Amendment 58 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Registered insurance and reinsurance intermediaries shall be allowed to take up and pursue the activity of insurance and reinsurance mediation in the Community by means of both freedom of establishment and freedom to provide services.
Amendment 60 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the insurance products concerned do not cover life assurance or liability risks, unless that cover is incidental to the main covera complement to the service or product offered by the insurance intermediary in their principal professional activity.
Amendment 61 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4 a Registered intermediaries under IMD I do not need to register again under IMD II.
Amendment 67 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Member States mayshall adjust the required conditions with regard to knowledge and ability in line with the particular activity of insurance or reinsurance mediation and the products mediated, particularly if the principal professional activity of the intermediary is other than insurance mediation. In such cases, that intermediary may pursue an activity of insurance mediation only if an insurance intermediary fulfilling the conditions of this Article or an insurance undertaking assumes full responsibility for the intermediary's acThe training and monitoring requirements of this article should not directly apply to those intermediaries who provide insurance mediation on an ancillary basis, but to the insurance undertakings or other intermediaries under whose responsibility they act and who themselves fulfil these obligations. Member States may provide that in the cases referred to in the second subparagraph of Article 3(1), the insurance undertaking or intermediary shall verify that the knowledge and ability of the intermediaries are in conformity with the obligations set out in the first subparagraph of this paragraph and, if need be, shall provide such intermediaries with training which corresponds to the requirements concerning the products sold by the intermediaries.
Amendment 68 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Insurance and reinsurance intermediaries shall hold professional indemnity insurance covering the whole territory of the Union or some other comparable guaranteeor provide some other equivalent suretyship relative to: - the amount of mediation they undertake; - whether or not insurance mediation is their main business activity; and - the complexity of the products they mediate. It shall cover the whole territory of the Union and provide suretyship against liability arising from professional negligence, for at least EUR 1,120,000 applying to each claim and in aggregate EUR 1,680,000 per year for all claims, unless such insurance or comparable guaranteesuretyship is already provided by an insurance undertaking, reinsurance undertaking or other undertaking on whose behalf the insurance or reinsurance intermediary is acting or for which the insurance or reinsurance intermediary is empowered to act or such undertaking has taken on full responsibility for the intermediary's actions.
Amendment 77 #
Proposal for a directive
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 80 #
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States shall ensure the setting- up of appropriate, effective, impartial and independent complaints and redress procedures for the out-of-court settlement of disputes between insurance intermediaries and customers, and between insurance undertakings and customers, using existing bodies where appropriate. Member States shall further ensure that all insurance undertakings and insurance intermediaries participate in the procedures for the out-of-court settlement of disputes where the following conditions are met:
Amendment 83 #
Proposal for a directive
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 87 #
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 90 #
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 93 #
Proposal for a directive
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 96 #
Proposal for a directive
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 99 #
Proposal for a directive
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
Amendment 103 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that these bodies cooperate in the resolution of cross-border disputes. For business-to-customer transactions, these bodies shall comply with Directive XXX/XXXX/EU of the European Parliament and of the Council of the European Union on alternative dispute resolution for consumer disputes. For the purposes of the application of this Directive, Member States shall ensure that, in the resolution of cross-border disputes, these bodies and the competent authorities cooperate with each other and with the entities responsible for out-of- court complaint and redress procedures referred to above and to the extent permitted by EU Directives or regulations in force.
Amendment 110 #
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 111 #
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 116 #
Proposal for a directive
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 118 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 122 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 124 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 127 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 134 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18 a The provisions of this article shall not apply to persons carrying out insurance mediation when carried on in relation to the sale of insurance investment products by: (a) an insurance intermediary; (b) an insurance undertaking.
Amendment 138 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall not allow bundling practices but not tying practicesfair commercial practices as defined in Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market.
Amendment 141 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When an insurance service or product is offered together with another service or product as a packageIn the case of bundling practices, the insurance undertaking or, where applicable, the insurance intermediary shall offer and inform the customer thatwhether it is possible to buy the components of the package separately and, if yes, shall provide information of the costs and charges of each component of the package that may be bought through or from it separately, at the client's request.
Amendment 143 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 147 #
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
Article 23 (1) and (2) shall also apply to insurance intermediaries and insurance undertakings carrying out insurance mediation regarding all insurance products.
Amendment 151 #
Proposal for a directive
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
Amendment 152 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where steps taken by theAn insurance intermediary or insurance undertaking in compliance with Articles 15, 16 and 17 are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of customers and potential customers arising from conflicts of interest will be prevented, the insurance intermediary or insurance undershall maintain and operate effective organisational and administrative arrangements with a view to taking shall clearly disclose the general nature or sources of conflicts of interest to the customer before undertaking businreasonable steps designed to prevent conflicts of interest from adversely affecting the interests on thef its customer's behalfs.
Amendment 155 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Amendment 157 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 159 #
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 oflatest information about the suitability of the insurance product recommended to the customer;
Amendment 162 #
Proposal for a directive
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The information referred to in this Article should be provided in a comprehensible form in such a manner that the customers or potential customers are reasonably able to understand the nature and risks of the specific insurance product type that is being offered and, consequently, to take investment decisions on an informed basis. This information may be provided in a standardised format.
Amendment 166 #
Proposal for a directive
Article 24 – paragraph 5 – point a
Article 24 – paragraph 5 – point a
(a) assess a sufficiently large numberrange 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 be limited to insurance products issued or provided by entities having close links with the insurance intermediary or insurance undertaking; and
Amendment 167 #
Proposal for a directive
Article 24 – paragraph 5 – point b
Article 24 – paragraph 5 – point b
Amendment 172 #
Proposal for a directive
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 173 #
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 3 a (new)
Article 25 – paragraph 2 – subparagraph 3 a (new)
Member States shall allow insurance intermediaries and insurance undertakings, when carrying out insurance mediation in relation to sales where no advice is given, to provide those services to their customers without the need to obtain the information or make the determination provided for in paragraph 2 where all the following conditions are met: a) the non-advised service refers to insurance-based investments which only provide investment exposure to underlying financial instruments deemed non-complex as set out under Article 25(3)(a) of Directive 2004/39/EC; or b) the product or service is provided at the express wish of the customer or potential customer, c) the customer or potential customer has been clearly informed that in the provision of this service the insurance intermediary or insurance undertaking is not required to assess the suitability or appropriateness of the product offered, and d) the insurance intermediary or insurance undertaking complies with its obligations under Article 23.
Amendment 175 #
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 3 a (new)
Article 25 – paragraph 2 – subparagraph 3 a (new)
Member States shall allow insurance intermediaries and insurance undertakings, when carrying out insurance mediation in relation to sales where no advice is given, to provide those services to their customers without the need to obtain the information or make the determination provided for in paragraph 2 where all the following conditions are met: a) the non-advised service refers to insurance-based investments which only provide investment exposure to underlying financial instruments deemed non-complex as set out under Article 25(3)(a) of Directive 2004/39/EC; or b) the product or service is provided at the express wish of the customer or potential customer, c) the customer or potential customer has been clearly informed that in the provision of this service the insurance intermediary or insurance undertaking is not required to assess the suitability or appropriateness of the product offered, and d) the insurance intermediary or insurance undertaking complies with its obligations under Article 23.
Amendment 176 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that their administrative sanctions and measures are effective, proportionate and, dissuasive corresponding to the complexity of the product or service.
Amendment 177 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall provide that the competent authority publishesinforms the Commission of any sanction or measure that has been imposed for breaches of the provisions of the national provisions adopted in the implementation of this Directive without undue delay including information on the type and nature of the breach and the identity of persons responsible for it, unless such disclosure would seriously jeopardise insurance and reinsurance markets. Where the publication would cause a disproportionate damage to the parties involved, the competent authorities shall publish the sanctions on an anonymous basis.
Amendment 178 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 34 concerning Articles 8, 17, 23, 2423 and 25.
Amendment 179 #
Proposal for a directive
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8, 17, 23, 2423 and 25 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.
Amendment 180 #
Proposal for a directive
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The delegation of powers referred to in Articles 8, 17, 23, 2423 and 25 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 181 #
Proposal for a directive
Article 34 – paragraph 5
Article 34 – paragraph 5
5. A delegated act adopted pursuant to Articles 8, 17, 23, 2423 and 25 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 213 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘insurance intermediary’ means any natural or legal person, other than an insurance undertaking and its employees, who, for remuneration, takes up or pursues insurance mediation;