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

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

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(iii) he it is not under a contractual obligation to conduct insurance<br />

mediation business exclusively with one or more insurance undertakings<br />

and does not give advice based on the obligation in paragraph 2 to<br />

provide on the basis of a fair analysis. In that case, it shall, at the<br />

customer's request, provide the names of the insurance undertakings with<br />

which it may and does conduct business. ; <br />

In those cases where information is to be provided solely at the customer's request, the<br />

customer shall be informed that he has the right to request such information.<br />

new<br />

(d) the nature of the remuneration received in relation to the insurance contract;<br />

(e) whether in relation to the insurance contract, it works:<br />

(i) on the basis of a fee, that is the remuneration paid directly by the<br />

customer; or<br />

(ii) on the basis of a commission of any kind, that is the remuneration<br />

included in the insurance premium; or<br />

(iii) on the basis of a combination of both (i) and (ii);<br />

(f) if the intermediary will receive a fee or a commission of any kind, the full<br />

amount of the remuneration concerning the insurance products being offered or<br />

considered or, where the precise amount is not capable of being given, the<br />

basis of calculation of all the fee or commission or the combination of both;<br />

(g) if the amount of the commission is based on the achievement of agreed targets<br />

or thresholds relating to the business placed by the intermediary with an<br />

insurer, the targets or thresholds as well as the amounts payable on the<br />

achievement of them.<br />

2. By derogation from paragraph 1 (f) for five years from the date on which this<br />

Directive comes into force, the intermediary of insurance contracts other than<br />

contracts in any of the classes specified in Annex I of Directive 2002/83/EC, shall,<br />

prior to the conclusion of any such insurance contract, if the intermediary is to be<br />

remunerated by a fee or commission,<br />

(a) provide the customer with the amount or, where the precise amount is not<br />

capable of being given, the basis of calculation of the fee or commission or the<br />

combination of both, if the customer so requests.<br />

(b) inform the customer of his right to request the information referred to in point<br />

(a).<br />

3. The insurance undertaking or insurance intermediary shall also inform the customer<br />

about the nature and the basis of the calculation of any variable remuneration<br />

EN 52 EN

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