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Procedure file Procedure file

Procedure file : Etat actuel du dossier

The information here reflects the current status of the procedure
Identification
Reference COD/2000/0213  
Title Insurance: freedom of establishment and services of the intermediaries, protection of customers
Legal Basis EC 047-p2 ; EC 055 ; EP 050  
Dossier of the committee ECON/5/15446
Subject(s) 2.50.05 insurance and occupational pension funds
4.60.06 consumers' economic and legal interests
Stage reached Procedure ended
Stages
Stages Documents: references Dates
Source reference Equivalent references Votes and amendments Joint resolution of document of publication in Official Journal
Commission/Council: initial legislative document Summaries EC COM(2000)0511 C5-0484/2000         20/09/2000 C 029 30.01.2001, p. 0245 E
Economic and Social Committee: opinion, report   ESC CES0720/2001           30/05/2001 C 221 07.08.2001, p. 0121
EP: draft report by the committee responsible   EP PE295.997           16/10/2001  
EP: decision of the committee responsible, 1st reading/single reading Summaries               16/10/2001  
EP: tabled legislative report, 1st reading or single reading   EP A5-0359/2001           16/10/2001  
EP: position, 1st reading or single reading Summaries EP T5-0599/2001           14/11/2001 C 140 13.06.2002, p. 0167-0304 E
Council: common position Summaries CSL 05462/1/2002 C5-0148/2002         18/03/2002 C 145 18.06.2002, p. 0001 E
Commission: communication on the common position Summaries EC SEC(2002)0335           04/04/2002  
EP: draft report by the committee responsible   EP PE314.939           08/05/2002  
EP: tabled legislative report, 2nd reading   EP A5-0219/2002           04/06/2002  
EP: position, 2nd reading Summaries EP T5-0309/2002           13/06/2002 C 261 30.10.2003, p. 0386-0484 E
Commission: opinion on the EP position at second reading Summaries EC COM(2002)0454 C5-0379/2002         01/08/2002  
Final legislative act Summaries EU 32002L0092(01)           09/12/2002 L 009 15.01.2003, p. 0003-0010
Agents
European Parliament
Committee
Rapporteur / Co-rapporteurs   Previous
Political group Appointed
Economic and Monetary Affairs (responsible)
Berenguer Fuster Luis
PSE
25/10/2000
European Commission and Council of the Union
European Commission DG Internal Market and Services Transmission date: 20/09/2000
Council of the Union
  Previous Councils
  Competitiveness (Internal Market, Industry and Research) meeting: 2451 of: 30/09/2002
Links to other sources
European Commission PreLex
 
09/12/2002 - Final legislative act
PURPOSE : to lay down rules for the taking-up and pursuit of the activities of insurance and reinsurance mediation.
COMMUNITY MEASURE : Directive 2002/92/EC of the European Parliament and of the Council on insurance mediation.
CONTENT : the Council has adopted the Directive and incorporates all the amendments approved by the European Parliament at its second reading.
The Directive is intended to establish a regulatory framework aimed at ensuring:
- a high level of professionalism and competence among insurance intermediaries, with a single system of registration of intermediaries in order to facilitate the cross-border exercise of their activities and;
- a high level of protection of policyholders' interests.
It should be noted that there are still substantial differences between national provisions which create barriers to the taking-up and pursuit of the activities of insurance and reinsurance intermediaries in the internal market. It is therefore appropriate to replace Directive 77/92/EEC with this new Directive.
As regards the scope of the Directive, it lays down rules for taking-up and pursuit of the activities of insurance and reinsurance mediation by natural and legal persons which are established in a Member States or which wish to become established there.
The Directive shall not apply to persons providing mediation services for insurance contracts if all the following conditions are met :
- the insurance contract only requires knowledge of the insurance cover that is provided;
- the insurance contract is not a life assurance contract;
- the insurance contract does not cover any liability risks;
- the principal professional activity of the person is other than insurance mediation;
- the insurance is complementary to the product or service supplied by any provider, where such insurance covers:
- the risk of breakdown, loss of or damage to goods supplied by that provider, or
- damage to or loss of baggage and other risks linked to the travel booked with that provider, even if the insurance covers life assurance or liability risks, provided that the cover is ancillary to the main cover for the risks linked to that travel;
- the amount of the annual premium does not exceed EUR 500 and the total duration of the insurance contract, including any renewals, does not exceed five years.
This Directive shall not apply to insurance and reinsurance mediation services provided in relation to risks and commitments located outside the Community.
This Directive shall not apply to insurance and reinsurance mediation services provided in relation to risks and commitments located outside the Community.
This Directive shall not affect a Member State's law in respect of insurance mediation business pursued by insurance and reinsurance intermediaries established in a third country and operating on its territory under the principle of freedom to provide services, provided that equal treatment is guaranteed to all persons carrying out or authorised to carry out insurancemediation activities on that market.
This Directive shall not regulate insurance mediation activities carried out in third countries nor activities of Community insurance or reinsurance undertakings.
More specifically, as regards the registration requirements, the Directive stipulates that insurance and reinsurance intermediaries shall be registered with a competent authority designated by their home Member States.
ENTRY INTO FORCE : the Directive shall enter into force on 15 January 2003.
IMPLEMENTATION: 15 January 2005.
 
List of summaries
Summaries 09/12/2002 Final legislative act
Summaries 01/08/2002 Commission: opinion on the EP position at second reading
Summaries 13/06/2002 EP: position, 2nd reading
Summaries 04/04/2002 Commission: communication on the common position
Summaries 18/03/2002 Council: common position
Summaries 14/11/2001 EP: position, 1st reading or single reading
Summaries 16/10/2001 EP: decision of the committee responsible, 1st reading/single reading
Summaries 20/09/2000 Commission/Council: initial legislative document
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