Activities of Ramon TREMOSA i BALCELLS related to 2012/0175(COD)
Plenary speeches (1)
Insurance mediation (A8-0315/2015 - Werner Langen)
Amendments (26)
Amendment 205 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – subparagraph 1
Article 2 – paragraph 1 – point 3 – subparagraph 1
3. ‘insurance mediation’ means the activities of advising on , proposing or carrying out other work preparatory to the conclusion of contracts of insurance, concluding such contracts or assisting in the administration and performance of such contracts, in particular in the event of a claim, and the activity of professional management of claims and loss adjusting. These activities shall be considered to be insurance mediation also if carried on by an insurance undertaking without the intervention of an insurance intermediary.
Amendment 366 #
Proposal for a directive
Article 17 – paragraph -1 (new)
Article 17 – paragraph -1 (new)
-1. In order to prevent conflicts of interest, Member States shall lay down rules ensuring that insurance intermediaries and employees of insurance undertakings disclose to the customer whether they are: (i) an intermediary representing a customer and, where insurance advice is provided, whether it is provided independently on the basis of a fair analysis of a sufficiently large number of insurance contracts available on the market; (ii) an intermediary acting for and on behalf of one or more insurance undertakings and, where insurance advice is provided, whether it is on the basis of an analysis of the products offered by one or more insurance undertakings; or (iii) an employee of an insurance undertaking and, where insurance advice is provided, that it is provided only on the basis of an analysis of the products offered by the insurance by the insurance undertaking.
Amendment 369 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. PAn insurance intermediary, prior to the conclusion of any insurance contract, an insurance intermediary – including tied ones – shall provide the customer with at least the following information:
Amendment 377 #
Proposal for a directive
Article 17 – paragraph 1 – point c – point i
Article 17 – paragraph 1 – point c – point i
(i) it gives independent advice on the basis of a fair analysis, or
Amendment 392 #
Proposal for a directive
Article 17 – paragraph 1 – point e a (new)
Article 17 – paragraph 1 – point e a (new)
(ea) 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).
Amendment 394 #
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 410 #
Proposal for a directive
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 420 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 425 #
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
Amendment 430 #
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 436 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 442 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 453 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 456 #
Proposal for a directive
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
Amendment 457 #
Proposal for a directive
Article 17 – paragraph 5 – point b
Article 17 – paragraph 5 – point b
Amendment 459 #
Proposal for a directive
Article 17 – paragraph 5 – point c
Article 17 – paragraph 5 – point c
Amendment 464 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. PWhere advice is provided prior to the conclusion of any specific contract, the insurance intermediary – including tied ones– or insurance undertaking shall indentify ,shall on the basis of information provided by the customer:
Amendment 468 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) identify the demands and the needs of that customer;
Amendment 470 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) and shall specify to the customer the underlying reasons for any advice given to the customer on a specified insurance product if given.
Amendment 481 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. When the insurance intermediary or the insurance undertaking informs the customer that it gives its advice on the basis of a fair analysis, it is obliged to give that advice on the basis of an analysis of a sufficiently large number of insurance contracts available on the market, to enable it to make a recommendation, in accordance with professional criteria, regarding which insurance contract would be adequate to meet the customer's needs.
Amendment 485 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Prior to the conclusion of a contract, whether or not advice is givenprovided, the insurance intermediary or insurance undertaking shall givprovide the customer the relevant information about the insurance product in a comprehensible form to allow the customer to make an informed decision, while taking into account the complexity of the insurance product and the type of coustuomer.
Amendment 514 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. 2. When an insurance service or product is offered to a consumer together with another service ornon insurance product as a package, 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 possible shall provide information of the costs and charges of each component of the package that may be bought through or from it separately.
Amendment 524 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 574 #
Proposal for a directive
Article 24 – paragraph 5
Article 24 – paragraph 5
5. When the insurance intermediary or insurance undertaking informs the customer that insurance advice is provided on an independent basis, the insurance intermediary or insurance undertaking shall: that advice is provided independently, the appropriate information referred to in paragraph 3 shall include the following which shall be provided before the insurance advice: (a) the range of insurance products on which the recommendation will be based and, in particular, whether the range is limited to insurance products issued or provided by entities having close links with the intermediary who represents the customer; and (b) whether a fee is payable by the customer for the advice (c) whether the insurance intermediary receives any fees or commissions from third parties in relation to the insurance contract. 5a. Member States may additionally prohibit or further restrict the offer or acceptance of fees, commissions or non- monetary benefits from third parties in relation to the provision of insurance advice. This may include requiring any such fees, commissions or non-monetary benefits to be returned to the clients or offset against fees paid by the client. Member States may further require that where an intermediary informs the client that advice is given independently, the intermediary shall assess a sufficiently large number of insurance products available on the market which are sufficiently diversified with regard to their type and issuers or product providers to ensure that the client's objectives can be suitably met and shall not be limited to insurance products issued or provided by entities having close links with the intermediary.
Amendment 578 #
Proposal for a directive
Article 24 – paragraph 5 – point a
Article 24 – paragraph 5 – point a
Amendment 591 #
Proposal for a directive
Article 24 – paragraph 5 – point b
Article 24 – paragraph 5 – point b