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What changed, Directive 2002/92/EC

2002-12-09 → 2014-07-02 · no interpretation, just the text delta

on 2002-12-09eu-eurlex:32002l0092:2002-12-09 (2002-12-09 → 2014-07-01) · official source ↗
on 2014-07-02eu-eurlex:32002l0092:2014-07-02 (2014-07-02 → 2016-02-22) · official source ↗

Open the structured article comparison → matched by provision anchor, with changed, added, removed and unchanged articles separated

3 line(s) in the old middle, 349 in the new; 1 unchanged leading and 1 trailing lines trimmed.

+ ## CHAPTER I / SCOPE AND DEFINITIONS
+ 
+ ### Article 1 — Scope
+ 
+ 1. This Directive lays down rules for the taking-up and pursuit of the activities of insurance and reinsurance mediation by natural and legal persons which are established in a Member State or which wish to become established there.
+ 
+ 2. This Directive shall not apply to persons providing mediation services for insurance contracts if all the following conditions are met:
+ 
+ (a) the insurance contract only requires knowledge of the insurance cover that is provided;
+ 
+ (b) the insurance contract is not a life assurance contract;
+ 
+ (c) the insurance contract does not cover any liability risks;
+ 
+ (d) the principal professional activity of the person is other than insurance mediation;
+ 
+ (e) the insurance is complementary to the product or service supplied by any provider, where such insurance covers:
+ 
+ (i) the risk of breakdown, loss of or damage to goods supplied by that provider, or
+ 
+ (ii) 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;
+ 
+ (f) 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.
+ 
+ 3. 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 guara…
+ 
+ This Directive shall not regulate insurance mediation activities carried out in third countries nor activities of Community insurance or reinsurance undertakings, as defined in First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions r…
+ 
+ ### Article 2 — Definitions
+ 
+ For the purpose of this Directive:
+ 
+ 1. ‘insurance undertaking’ means an undertaking which has received official authorisation in accordance with Article 6 of Directive 73/239/EEC or Article 6 of Directive 79/267/EEC;
+ 
+ 2. ‘reinsurance undertaking’ means an undertaking, other than an insurance undertaking or a non-member-country insurance undertaking, the main business of which consists in accepting risks ceded by an insurance undertaking, a non-member-country insurance undertaking or other reinsurance undertakings…
+ 
+ 3. ‘insurance mediation’ means the activities of introducing, proposing or carrying out other work preparatory to the conclusion of contracts of insurance, or of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim.
+ 
+ With the exception of Chapter III A of this Directive, those activities, when undertaken by an insurance undertaking or an employee of an insurance undertaking who is acting under the responsibility of the insurance undertaking shall not be considered to be insurance mediation or insurance distribut…
+ 
+ The provision of information on an incidental basis in the context of another professional activity provided that the purpose of that activity is not to assist the customer in concluding or performing an insurance contract, the management of claims of an insurance undertaking on a professional basis…
+ 
+ 4. ‘reinsurance mediation’ means the activities of introducing, proposing or carrying out other work preparatory to the conclusion of contracts of reinsurance, or of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a cl…
+ 
+ These activities when undertaken by a reinsurance undertaking or an employee of a reinsurance undertaking who is acting under the responsibility of the reinsurance undertaking are not considered as reinsurance mediation.
+ 
+ The provision of information on an incidental basis in the context of another professional activity provided that the purpose of that activity is not to assist the customer in concluding or performing a reinsurance contract, the management of claims of a reinsurance undertaking on a professional bas…
+ 
+ 5. ‘insurance intermediary’ means any natural or legal person who, for remuneration, takes up or pursues insurance mediation;
+ 
+ 6. ‘reinsurance intermediary’ means any natural or legal person who, for remuneration, takes up or pursues reinsurance mediation;
+ 
+ 7. ‘tied insurance intermediary’ means any person who carries on the activity of insurance mediation for and on behalf of one or more insurance undertakings in the case of insurance products which are not in competition but does not collect premiums or amounts intended for the customer and who acts …
+ 
+ Any person who carries on the activity of insurance mediation in addition to his principal professional activity is also considered as a tied insurance intermediary acting under the responsibility of one or several insurance undertakings for the products which concern them respectively if the insura…
+ 
+ 8. ‘large risks’ shall be as defined by Article 5(d) of Directive 73/239/EEC;
+ 
+ 9. ‘home Member State’ means:
+ 
+ (a) where the intermediary is a natural person, the Member State in which his residence is situated and in which he carries on business;
+ 
+ (b) where the intermediary is a legal person, the Member State in which its registered office is situated or, if under its national law it has no registered office, the Member State in which its head office is situated;
+ 
+ 10. ‘host Member State’ means the Member State in which an insurance or reinsurance intermediary has a branch or provides services;
+ 
+ 11. ‘competent authorities’ means the authorities which each Member State designates under Article 7;
+ 
+ 12. ‘durable medium’ means any instrument which enables the customer to store information addressed personally to him in a way accessible for future reference for a period of time adequate to the purposes of the information and which allows the unchanged reproduction of the information stored.
+ 
+ In particular, durable medium covers floppy disks, CD-ROMs, DVDs and hard drives of personal computers on which electronic mail is stored, but it excludes Internet sites, unless such sites meet the criteria specified in the first paragraph;
+ 
+ 13. For the purposes of Chapter IIIA, ‘insurance-based investment product’ means an insurance product which offers a maturity or surrender value and where that maturity or surrender value is wholly or partially exposed, directly or indirectly, to market fluctuations and shall not include:
+ 
+ (a) non-life insurance products as listed in Annex I of Directive 2009/138/EC (Classes of Non-life Insurance);
+ 
+ (b) life insurance contracts where the benefits under the contract are payable only on death or in respect of incapacity due to injury, sickness or infirmity;
+ 
+ (c) pension products which, under national law, are recognised as having the primary purpose of providing the investor with an income in retirement, and which entitles the investor to certain benefits;
+ 
+ (d) officially recognised occupational pension schemes falling under the scope of Directive 2003/41/EC or Directive 2009/138/EC;
+ 
+ (e) individual pension products for which a financial contribution from the employer is required by national law and where the employer or the employee has no choice as to the pension product or provider.
+ 
+ ## CHAPTER II / REGISTRATION REQUIREMENTS
+ 
+ ### Article 3 — Registration
+ 
+ 1. Insurance and reinsurance intermediaries shall be registered with a competent authority as defined in Article 7(2), in their home Member State.
+ 
+ Without prejudice to the first subparagraph, Member States may stipulate that insurance and reinsurance undertakings and other bodies may collaborate with the competent authorities in registering insurance and reinsurance intermediaries and in the application of the requirements of Article 4 to such…
+ 
+ Member States need not apply the requirement referred to in the first and second subparagraphs to all the natural persons who work in an undertaking and pursue the activity of insurance or reinsurance mediation.
+ 
+ As regards legal persons, Member States shall register such persons and shall also specify in the register the names of the natural persons within the management who are responsible for the mediation business.
+ 
+ 2. Member States may establish more than one register for insurance and reinsurance intermediaries provided that they lay down the criteria according to which intermediaries are to be registered.
+ 
+ Member States shall see to it that a single information point is established allowing quick and easy access to information from these various registers, which shall be compiled electronically and kept constantly updated. This information point shall also provide the identification details of the com…
+ 
+ 3. Member States shall ensure that registration of insurance intermediaries — including tied ones — and reinsurance intermediaries is made subject to the fulfilment of the professional requirements laid down in Article 4.
+ 
+ Member States shall also ensure that insurance intermediaries — including tied ones — and reinsurance intermediaries who cease to fulfil these requirements are removed from the register. The validity of the registration shall be subject to a regular review by the competent authority. If necessary, t…
+ 
+ 4. The competent authorities may provide the insurance and reinsurance intermediaries with a document enabling any interested party by consultation of the register(s) referred to in paragraph 2 to verify that they are duly registered.
+ 
+ That document shall at least provide the information specified in Article 12(1)(a) and (b), and, in the case of a legal person, the name(s) of the natural person(s) referred to in the fourth subparagraph of paragraph 1 of this Article.
+ 
+ The Member State shall require the return of the document to the competent authority which issued it when the insurance or reinsurance intermediary concerned ceases to be registered.
+ 
+ 5. Registered insurance and reinsurance intermediaries shall be allowed to take up and pursue the activity of insurance and reinsurance mediation in the Community by means of both freedom of establishment and freedom to provide services.
+ 
+ 6. Member States shall ensure that insurance undertakings use the insurance and reinsurance mediation services only of registered insurance and reinsurance intermediaries and of the persons referred to in Article 1(2).
+ 
+ ### Article 4 — Professional requirements
+ 
+ 1. Insurance and reinsurance intermediaries shall possess appropriate knowledge and ability, as determined by the home Member State of the intermediary.
+ 
+ Home Member States may adjust the required conditions with regard to knowledge and ability in line with the activity of insurance or reinsurance mediation and the products distributed, particularly if the principal professional activity of the intermediary is other than insurance mediation. In such …
+ 
+ Member States may provide that for the cases referred to in the second subparagraph of Article 3(1), the insurance undertaking shall verify that the knowledge and ability of the intermediaries are in conformity with the obligations set out in the first subparagraph of this paragraph and, if need be,…
+ 
+ Member States need not apply the requirement referred to in the first subparagraph of this paragraph to all the natural persons working in an undertaking who pursue the activity of insurance or reinsurance mediation. Member States shall ensure that a reasonable proportion of the persons within the m…
+ 
+ 2. Insurance and reinsurance intermediaries shall be of good repute. As a minimum, they shall have a clean police record or any other national equivalent in relation to serious criminal offences linked to crimes against property or other crimes related to financial activities and they should not hav…
+ 
+ Member States may, in accordance with the provisions of the second subparagraph of Article 3(1), allow the insurance undertaking to check the good repute of insurance intermediaries.
+ 
+ Member States need not apply the requirement referred to in the first subparagraph of this paragraph to all the natural persons who work in an undertaking and who pursue the activity of insurance and reinsurance mediation. Member States shall ensure that the management structure of such undertakings…
+ 
+ 3. Insurance and reinsurance intermediaries shall hold professional indemnity insurance covering the whole territory of the Community or some other comparable guarantee against liability arising from professional negligence, for at least EUR 1 000 000 applying to each claim and in aggregate EUR 1 50…
+ 
+ 4. Member States shall take all necessary measures to protect customers against the inability of the insurance intermediary to transfer the premium to the insurance undertaking or to transfer the amount of claim or return premium to the insured.
+ 
+ Such measures shall take any one or more of the following forms:
+ 
+ (a) provisions laid down by law or contract whereby monies paid by the customer to the intermediary are treated as having been paid to the undertaking, whereas monies paid by the undertaking to the intermediary are not treated as having been paid to the customer until the customer actually receives …
+ 
+ (b) a requirement for insurance intermediaries to have financial capacity amounting, on a permanent basis, to 4 % of the sum of annual premiums received, subject to a minimum of EUR 15 000;
+ 
+ (c) a requirement that customers' monies shall be transferred via strictly segregated client accounts and that these accounts shall not be used to reimburse other creditors in the event of bankruptcy;
+ 
+ (d) a requirement that a guarantee fund be set up.
+ 
+ 5. Pursuit of the activities of insurance and reinsurance mediation shall require that the professional requirements set out in this Article be fulfilled on permanent basis.
+ 
+ 6. Member States may reinforce the requirements set out in this Article or add other requirements for insurance and reinsurance intermediaries registered within their jurisdiction.
+ 
+ 7. The amounts referred to in paragraphs 3 and 4 shall be reviewed regularly in order to take account of changes in the European Index of Consumer Prices as published by Eurostat. The first review shall take place five years after the entry into force of this Directive and the successive reviews eve…
+ 
+ The amounts shall be adapted automatically by increasing the base amount in euro by the percentage change in that Index over the period between the entry into force of this Directive and the first review date or between the last review date and the new review date and rounded up to the nearest euro.
+ 
+ ### Article 5 — Retention of acquired rights
+ 
+ Member States may provide that those persons who exercised a mediation activity before 1 September 2000, who were entered in a register and who had a level of training and experience similar to that required by this Directive, shall be automatically entered in the register to be created, once the re…
+ 
+ ### Article 6 — Notification of establishment and services in other Member States
+ 
+ 1. Any insurance or reinsurance intermediary intending to carry on business for the first time in one or more Member States under the freedom to provide services or the freedom of establishment shall inform the competent authorities of the home Member State.
+ 
+ Within a period of one month after such notification, those competent authorities shall inform the competent authorities of any host Member States wishing to know, of the intention of the insurance or reinsurance intermediary and shall at the same time inform the intermediary concerned.
+ 
+ The insurance or reinsurance intermediary may start business one month after the date on which he was informed by the competent authorities of the home Member State of the notification referred to in the second subparagraph. However, that intermediary may start business immediately if the host Membe…
+ 
+ 2. Member States shall notify the Commission of their wish to be informed in accordance with paragraph 1. The Commission shall in turn notify all the Member States of this.
+ 
+ 3. The competent authorities of the host Member State may take the necessary steps to ensure appropriate publication of the conditions under which, in the interest of the general good, the business concerned must be carried on in their territories.
+ 
+ ### Article 7 — Competent authorities
+ 
+ 1. Member States shall designate the competent authorities empowered to ensure implementation of this Directive. They shall inform the Commission thereof, indicating any division of those duties.
+ 
+ 2. The authorities referred to in paragraph 1 shall be either public authorities or bodies recognised by national law or by public authorities expressly empowered for that purpose by national law. They shall not be insurance or reinsurance undertakings.
+ 
+ 3. The competent authorities shall possess all the powers necessary for the performance of their duties. Where there is more than one competent authority on its territory, a Member State shall ensure that those authorities collaborate closely so that they can discharge their respective duties effect…
+ 
+ ### Article 8 — Sanctions
+ 
+ 1. Member States shall provide for appropriate sanctions in the event that a person exercising the activity of insurance or reinsurance mediation is not registered in a Member State and is not referred to in Article 1(2).
+ 
+ 2. Member States shall provide for appropriate sanctions against insurance or reinsurance undertakings which use the insurance or reinsurance mediation services of persons who are not registered in a Member State and who are not referred to in Article 1(2).
+ 
+ 3. Member States shall provide for appropriate sanctions in the event of an insurance or reinsurance intermediary's failure to comply with national provisions adopted pursuant to this Directive.
+ 
+ 4. This Directive shall not affect the power of the host Member States to take appropriate measures to prevent or to penalise irregularities committed within their territories which are contrary to legal or regulatory provisions adopted in the interest of the general good. This shall include the pos…
+ 
+ 5. Any measure adopted involving sanctions or restrictions on the activities of an insurance or reinsurance intermediary must be properly justified and communicated to the intermediary concerned. Every such measure shall be subject to the right to apply to the courts in the Member State which adopte…
+ 
+ ### Article 9 — Exchange of information between Member States
+ 
+ 1. The competent authorities of the various Member States shall cooperate in order to ensure the proper application of the provisions of this Directive.
+ 
+ 2. The competent authorities shall exchange information on insurance and reinsurance intermediaries if they have been subject to a sanction referred to in Article 8(3) or a measure referred to in Article 8(4) and such information is likely to lead to removal from the register of such intermediaries.…
+ 
+ 3. All persons required to receive or divulge information in connection with this Directive shall be bound by professional secrecy, in the same manner as is laid down in Article 16 of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions r…
+ 
+ ### Article 10 — Complaints
+ 
+ Member States shall ensure that procedures are set up which allow customers and other interested parties, especially consumer associations, to register complaints about insurance and reinsurance intermediaries. In all cases complaints shall receive replies.
+ 
+ ### Article 11 — Out-of-court redress
+ 
+ 1. Member States shall encourage the setting-up of appropriate and effective complaints and redress procedures for the out-of-court settlement of disputes between insurance intermediaries and customers, using existing bodies where appropriate.
+ 
+ 2. Member States shall encourage these bodies to cooperate in the resolution of cross-border disputes.
+ 
+ ## CHAPTER III / INFORMATION REQUIREMENTS FOR INTERMEDIARIES
+ 
+ ### Article 12 — Information provided by the insurance intermediary
+ 
+ 1. Prior to the conclusion of any initial insurance contract, and, if necessary, upon amendment or renewal thereof, an insurance intermediary shall provide the customer with at least the following information:
+ 
+ (a) his identity and address;
+ 
+ (b) the register in which he has been included and the means for verifying that he has been registered;
+ 
+ (c) whether he has a holding, direct or indirect, representing more than 10 % of the voting rights or of the capital in a given insurance undertaking;
+ 
+ (d) whether a given insurance undertaking or parent undertaking of a given insurance undertaking has a holding, direct or indirect, representing more than 10 % of the voting rights or of the capital in the insurance intermediary;
+ 
+ (e) the procedures referred to in Article 10 allowing customers and other interested parties to register complaints about insurance and reinsurance intermediaries and, if appropriate, about the out-of-court complaint and redress procedures referred to in Article 11.
+ 
+ In addition, an insurance intermediary shall inform the customer, concerning the contract that is provided, whether:
+ 
+ (i) he gives advice based on the obligation in paragraph 2 to provide a fair analysis, or
+ 
+ (ii) he is under a contractual obligation to conduct insurance mediation business exclusively with one or more insurance undertakings. In that case, he shall, at the customer's request provide the names of those insurance undertakings, or
+ 
+ (iii) he is not under a contractual obligation to conduct insurance mediation business exclusively with one or more insurance undertakings and does not give advice based on the obligation in paragraph 2 to provide a fair analysis. In that case, he shall, at the customer's request provide the names o…
+ 
+ In those cases where information is to be provided solely at the customer's request, the customer shall be informed that he has the right to request such information.
+ 
+ 2. When the insurance intermediary informs the customer that he gives his advice on the basis of a fair analysis, he 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 him to make a recommendation, in ac…
+ 
+ 3. Prior to the conclusion of any specific contract, the insurance intermediary shall at least specify, in particular on the basis of information provided by the customer, the demands and the needs of that customer as well as the underlying reasons for any advice given to the customer on a given ins…
+ 
+ 4. The information referred to in paragraphs 1, 2 and 3 need not be given when the insurance intermediary mediates in the insurance of large risks, nor in the case of mediation by reinsurance intermediaries.
+ 
+ 5. Member States may maintain or adopt stricter provisions regarding the information requirements referred to in paragraph 1, provided that such provisions comply with Community law.
+ 
+ Member States shall communicate to the Commission the national provisions set out in the first subparagraph.
+ 
+ In order to establish a high level of transparency by all appropriate means, the Commission shall ensure that the information it receives relating to national provisions is also communicated to consumers and insurance intermediaries.
+ 
+ ### Article 13 — Information conditions
+ 
+ 1. All information to be provided to customers in accordance with Article 12 shall be communicated:
+ 
+ (a) on paper or on any other durable medium available and accessible to the customer;
+ 
+ (b) in a clear and accurate manner, comprehensible to the customer;
+ 
+ (c) in an official language of the Member State of the commitment or in any other language agreed by the parties.
+ 
+ 2. By way of derogation from paragraph 1(a), the information referred to in Article 12 may be provided orally where the customer requests it, or where immediate cover is necessary. In those cases, the information shall be provided to the customer in accordance with paragraph 1 immediately after the …
+ 
+ 3. In the case of telephone selling, the prior information given to the customer shall be in accordance with Community rules applicable to the distance marketing of consumer financial services. Moreover, information shall be provided to the customer in accordance with paragraph 1 immediately after t…
+ 
+ ## CHAPTER IIIA / ADDITIONAL CUSTOMER PROTECTION REQUIREMENTS IN RELATION TO INSURANCE-BASED INVESTMENT PRODUCTS
+ 
+ ### Article 13a — Scope
+ 
+ Subject to the exception in the second subparagraph of Article 2(3), this Chapter lays down additional requirements on insurance mediation activities and to direct sales carried out by insurance undertakings when they are carried out in relation to the sale of insurance-based investment products. Th…
+ 
+ ### Article 13b — Prevention of conflicts of interest
+ 
+ An insurance intermediary or insurance undertaking shall maintain and operate effective organisational and administrative arrangements with a view to taking all reasonable steps designed to prevent conflicts of interest, as determined in Article 13c, from adversely affecting the interests of its cus…
+ 
+ ### Article 13c — Conflicts of interests
+ 
+ 1. Member States shall require insurance intermediaries and insurance undertakings to take all appropriate steps to identify conflicts of interest between themselves, including their managers, employees and tied insurance intermediaries, or any person directly or indirectly linked to them by control…
+ 
+ 2. Where organisational or administrative arrangements made by the insurance intermediary or insurance undertaking in accordance with Article 13b to manage conflicts of interest are not sufficient to ensure, with reasonable confidence, that risks of damage to customer interests will be prevented, th…
+ 
+ 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 13e to:
+ 
+ (a) define the steps that insurance intermediaries or insurance undertakings might reasonably be expected to take to identify, prevent, manage and disclose conflicts of interest when carrying out insurance distribution activities;
+ 
+ (b) establish appropriate criteria for determining the types of conflict of interest whose existence may damage the interests of the customers or potential customers of the insurance intermediary or insurance undertaking.
+ 
+ ### Article 13d — General principles and information to customers
+ 
+ 1. Member States shall ensure that, when carrying out insurance distribution activities, an insurance intermediary or insurance undertaking acts honestly, fairly and professionally in accordance with the best interests of its customers.
+ 
+ 2. All information, including marketing communications, addressed by the insurance intermediary or insurance undertaking to customers or potential customers shall be fair, clear and not misleading. Marketing communications shall be clearly identifiable as such.
+ 
+ 3. Member States may prohibit the acceptance or receipt of fees, commissions or any monetary benefits paid or provided to insurance intermediaries or insurance undertakings, by any third party or a person acting on behalf of a third party in relation to the distribution of insurance-based investment…
+ 
+ ### Article 13e — Exercise of the delegation
+ 
+ 1. The power to adopt a delegated act is conferred on the Commission subject to the conditions laid down in this Article.
+ 
+ 2. The power to adopt a delegated act referred to in Article 13c shall be conferred on the Commission for an indeterminate period of time from 2 July 2014.
+ 
+ 3. The delegation of powers referred to in Article 13c may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision …
+ 
+ 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
+ 
+ 5. A delegated act adopted pursuant to Article 13c shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that p…
+ 
+ ## CHAPTER IV / FINAL PROVISIONS
+ 
+ ### Article 14 — Right to apply to the courts
+ 
+ Member States shall ensure that decisions taken in respect of an insurance intermediary, reinsurance intermediary or an insurance undertaking under the laws, regulations and administrative provisions adopted in accordance with this Directive may be subject to the right to apply to the courts.
+ 
+ ### Article 15 — Repeal
+ 
+ Directive 77/92/EEC is hereby repealed with effect from the date referred to in Article 16(1).
+ 
+ ### Article 16 — Transposition
+ 
+ 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 15 January 2005. They shall forthwith inform the Commission thereof.
+ 
+ These measures shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
+ 
+ 2. Member States shall communicate to the Commission the text of the laws, regulations and administrative provisions which they adopt in the field governed by this Directive. In that communication they shall provide a table indicating the national provisions corresponding to this Directive.
+ 
+ ### Article 17 — Entry into force
+ 
+ This Directive shall enter into force on the day of its publication in the *Official Journal of the European Communities*.
+ 
+ ### Article 18 — Addressees
+ 
+ This Directive is addressed to the Member States.
+ 
+ (1) OJ C 29 E, 30.1.2001, p. 245.
+ 
+ (2) OJ C 221, 7.8.2001, p. 121.
+ 
+ (3) Opinion of the European Parliament of 14 November 2001 (OJ C 140 E, 13.6.2002, p. 167), Council Common Position of 18 March 2002 (OJ C 145 E, 18.6.2002, p. 1) and Decision of the European Parliament of 13 June 2002 (not yet published in the Official Journal). Council Decision of 28 June 2002.
+ 
+ (4) OJ L 26, 31.1.1977, p. 14. Directive as last amended by the Act of Accession of 1994.
+ 
+ (5) OJ L 19, 28.1.1992, p. 32.
+ 
+ (6) OJ L 178, 17.7.2000, p. 1.
+ 
+ (7) OJ L 115, 17.4.1998, p. 31.
+ 
+ (8) OJ L 228, 16.8.1973, p. 3. Directive as last amended by Directive 2002/13/EC of the European Parliament and of the Council (OJ L 77, 20.3.2002, p. 17).
+ 
+ (9) OJ L 63, 13.3.1979, p. 1. Directive as last amended by Directive 2002/12/EC of the European Parliament and of the Council (OJ L 77, 20.3.2002, p. 11).
+ 
+ (10) OJ L 228, 11.8.1992, p. 1. Directive as last amended by Directive 2000/64/EC of the European Parliament and of the Council (OJ L 290, 17.11.2000, p. 27).
− ### document
+ (11) OJ L 360, 9.12.1992, p. 1. Directive as last amended by Directive 2000/64/EC of the European Parliament and of the Council.
− Avis juridique important | 32002L0092 Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation Official Journal L 009 , 15/01/2003 P. 0003 - 0010 Directive 2002/92/EC of the European Parliament and of the Councilof 9 December 2002on insurance media…
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