EUROPEAN COMMISSION Brussels, XXX COM(2012) 360 ... - BVVM

einsurance intermediaries in the internal market. It is therefore appropriate to replace
Directive 77/92/EEC with a new directive.
new
(9) Current and recent financial turbulence has underlined the importance of ensuring
effective consumer protection across all financial sectors. It is appropriate therefore to
strengthen the confidence of customers and to make regulatory treatment of the
distribution of insurance products more uniform in order to ensure an adequate level of
customer protection across the Union. Measures to protect customers should be
adapted to the particularities of each category of customers (professional or other).
2002/92/EC recital 11 (adapted)
new
(10) This Directive should apply to persons whose activity consists in of providing
insurance or reinsurance mediation services to third parties for remuneration,
which may be pecuniary or take some other form of agreed economic benefit tied to
performance.
new
(11) This Directive should apply to persons whose activity consists of the provision of
information on one or more contracts of insurance or reinsurance in response to
criteria selected by the customer whether via a website or other means, or the
provision of a ranking of insurance or reinsurance products or a discount on the price
of a contract, when the customer is able to directly conclude an insurance contract at
the end of the process; it should not apply to mere introducing activities consisting of
the provision of data and information on potential policyholders to insurance or
reinsurance intermediaries or undertakings or of information about insurance or
reinsurance products or an insurance or reinsurance intermediary or undertaking to
potential policyholders.
2002/92/EC recital 12
(12) This Directive should not apply to persons with another professional activity, such as
tax experts or accountants, who provide advice on insurance cover on an incidental
basis in the course of that other professional activity, neither should it apply to the
mere provision of information of a general nature on insurance products, provided that
the purpose of that activity is not to help the customer conclude or fulfil an insurance
or reinsurance contract, nor the professional management of claims for an insurance or
reinsurance undertaking, nor the loss adjusting and expert appraisal of claims.
EN 17 EN