Directive 2002/92 / EC on insurance mediation

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Directive 2002/92 / EC

Title: Directive 2002/92 / EC of the European Parliament and of the Council of December 9, 2002 on insurance mediation
Date of issue: December 9, 2002
Come into effect: January 15, 2003
To be used from: January 14, 2005
Expiry: September 30, 2018
Full text Consolidated version (not official)
basic version
Regulation has expired.
Please note the information on the current version of legal acts of the European Union !

The European Mediation Directive ( Directive 2002/92 / EC of the European Parliament and of the Council of December 9, 2002 on insurance mediation ) was published in the Official Journal of the EU on January 15, 2003 . In Germany, the law on the new regulation of insurance brokerage law (Broker Act), which transposed this directive into national law, was promulgated on December 22, 2006. The law came into force on May 22, 2007 and applied to every insurance broker, i. H. for every insurance agent and for every insurance broker. At the same time, the Insurance Brokerage Ordinance came into force, which specified the provisions of the amended laws. The directive was necessary, on the one hand, to enable the freedom to provide services in the insurance brokerage sector and, on the other, to take account of the idea of consumer protection . The following essential points are regulated in the guideline:

  1. Entry of the intermediaries in a publicly accessible register
  2. Information obligations for the intermediary
  3. Advice and documentation obligations ( advice protocol )
  4. Establishment of an arbitration board
  5. Securing customer funds.

A good repute , proof of commercial and technical knowledge and professional liability / financial loss insurance are required for registration . In the case of company-tied agents (single-company representatives and agents with multiple ties), this can be replaced by an unrestricted assumption of liability by the relevant insurance company.

Section 156 of the trade regulations provides for transitional rules. Insurance intermediaries who were already active before January 1, 2007 did not require a permit from the relevant Chamber of Commerce and Industry until January 1, 2009 . These insurance intermediaries did not have to register until January 1, 2009.

Anyone working as an insurance broker for the first time on or after January 1, 2007, had to prove that they had a business license or an exemption from a license (Section 34d Paragraphs 4 and 5 of the Trade Regulations) by May 22, 2007, the date when the Brokerage Act came into force.

All other regulations had to be observed by every agent. In particular, the information, advice and documentation obligations applied to every agent, including the employed insurance agent, after they came into force.

The Federal Republic of Germany is the only country in the EU that has not yet been registered for insurance brokers . This resulted u. a. that the freedom of establishment within the EU did not apply to German market participants, as they could not prove authorization in their country of origin. ( Country of origin principle ?)

RL 2002/92 / EG was revised by RL 2014/65 / EU and with the new version, Directive (EU) 2016/97 of the European Parliament and of the Council of January 20, 2016 (OJ L26 / 19) Effective February 23, 2018 canceled or replaced. In accordance with Article 43 of Directive 2016/97, Chapter III-A of Directive 2002/92 / EC was repealed with effect from February 23, 2016.

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Individual evidence

  1. ↑ Directive 2014/65 / EU (PDF)