[ParlTrack]

Proposal for a directive
Article 1 – paragraph 2 – point f

~~(f) the amount of the annual premium for the insurance contract, when pro-rated to produce an annual amount, does not exceed EUR 600.~~deleted

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
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 guarantee against liability arising from professional negligence, for at least EUR 1 12000 000 applying to each claim and in aggregate EUR 1 68500 000 per year for all claims, unless such insurance or comparable guarantee 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.

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
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 have the opportunity to participate in the procedures for the out-of- court settlement of disputes where the following conditions are met:

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
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).

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 17 – paragraph 1 – point g

(g) if the amount of the commission is based on the achievement of agreed targets or thresholds relating to the business placed by the intermediary with an insurer, the targets or thresholds as well as the amounts payable on the achievement of them.deleted

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 17 – paragraph 1 – point g a (new)

(ga) the costs of sale in relation to the insurance product.

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 17 – paragraph 2

2. By derogation from paragraph 1(f) for five years from the date on which this Directive comes into force, the intermediary of insurance contracts other than contracts in any of the classes specified in Annex I of Directive 2002/83/EC, shall, prior to the conclusion of any such insurance contract, if the intermediary is to be remunerated by a fee or commission, (a) provide the customer with the amount or, where the precise amount is not capable of being given, the basis of calculation of the fee or commission or the combination of both, if the customer so requests. (b) inform the customer of his right to request the information referred to in point (a).deleted

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 17 – paragraph 3

3. The insurance undertaking or insurance intermediary shall also inform the customer about the nature and the basis of the calculation of any variable remuneration received by any employee of theirs for distributing and managing the insurance product in question.deleted

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 17 – paragraph 4

4. If any payments 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.deleted

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 17 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 33. Those delegated acts shall specify: (a) appropriate criteria for determining how the remuneration of the intermediary - including contingent commission – shall be disclosed to the customer as referred to in paragraph 1 (f ) and (g) and paragraph 2 of this Article; (b) appropriate criteria for determining in particular the basis of calculation of all the fee or commission or the combination of both; (c) the steps that insurance intermediaries and insurance undertakings might reasonably be expected to take to disclose their remuneration to the customer.

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 19 – paragraph 1 a (new)

1a. By way of derogation from paragraph 1, in the case of an insurance contract for a third party where the policyholder is a professional entity as defined in the annex but where that entity is not the insured person, the insurance intermediary or insurance undertaking shall be required to provide the insured person with the information set out in Articles 16, 17 and 18.

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 24 – paragraph 6 – introductory part

6. ~~The Commission shall be empowered to adopt delegated acts in~~Member States may additionally prohibit or further restrict the offer or acc~~ord~~eptance ~~with Article 33 concerning measures to ensure that insurance intermediaries and insurance undertakings comply with the principles set out in this Article when carrying~~of fees, commissions or non- monetary benefits from third parties in relation to the provision onf insurance ~~mediation with their customers. Those delegated acts shall specify:~~advice.

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 24 – paragraph 6 – point a

~~(a) the nature of the service(s) offered or provided to the customer or potential customer, taking into account the type, object, size and frequency of the transactions; an~~deleted

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 24 – paragraph 6 – point b

~~(b) the nature of the products being offered or considered including different types of insurance products.~~deleted

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 26

~~[…]~~deleted

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 27 – paragraph 1

Member States shall provide that the competent authority publishes 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.deleted

2013/02/14
Committee: ECON

Sławomir NITRAS

Proposal for a directive
Article 28

~~[...]~~deleted

2013/02/14
Committee: ECON

17 Amendments of Sławomir NITRAS related to 2012/0175(COD)

ParlTrack - 2011-2024