EUROPEAN COMMISSION Brussels, XXX COM(2012) 360 ... - BVVM
EUROPEAN COMMISSION Brussels, XXX COM(2012) 360 ... - BVVM
EUROPEAN COMMISSION Brussels, XXX COM(2012) 360 ... - BVVM
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
eceived by any employee of theirs for distributing and managing the insurance<br />
product in question.<br />
4. If any payments are made by the customer under the insurance contract after its<br />
conclusion, the insurance undertaking or intermediary shall also make the disclosures<br />
in accordance with this Article for each such payment.<br />
5. The Commission shall be empowered to adopt delegated acts in accordance with<br />
Article 33. Those delegated acts shall specify:<br />
(a) appropriate criteria for determining how the remuneration of the intermediary -<br />
including contingent commission – shall be disclosed to the customer as<br />
referred to in paragraph 1 (f ) and (g) and paragraph 2 of this Article;<br />
(b) appropriate criteria for determining in particular the basis of calculation of all<br />
the fee or commission or the combination of both;<br />
(c) the steps that insurance intermediaries and insurance undertakings might<br />
reasonably be expected to take to disclose their remuneration to the customer.<br />
2002/92/EC (adapted)<br />
new<br />
Article 1218<br />
Advice, and standards for sales where no advice is given <br />
31. Prior to the conclusion of any specific contract, the insurance intermediary –<br />
including tied ones– or insurance undertaking shall at least specify<br />
indentify , in particular on the basis of information provided by the customer,:<br />
(a) the demands and the needs of that customer; as well as<br />
(b) and shall specify to the customer the underlying reasons for any advice<br />
given to the customer on a given specified insurance product , if<br />
given .<br />
32. These details referred to in points (a) and (b) of paragraph 1 shall be modulated<br />
according to the complexity of the insurance contract product being proposed<br />
and the level of financial risk to the customer .<br />
2002/92/EC (adapted)<br />
new<br />
23. When the insurance intermediary or the insurance undertaking informs the<br />
customer that he it gives his its advice on the basis of a fair analysis,<br />
he it is obliged to give that advice on the basis of an analysis of a sufficiently<br />
large number of insurance contracts available on the market, to enable him it <br />
EN 53 EN