15.1.2003 Official Journal of the European Communities L9/3 DIRECTIVE 2002/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 December 2002 on insurance mediation THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 47(2) and Article 55 thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: (1) Insurance and reinsurance intermediaries play a central role in the distribution of insurance and reinsurance products in the Community. (2) A first step to facilitate the exercise of freedom of estab- lishment and freedom to provide services for insurance agents and brokers was made by Council Directive 77/ 92/EEC of 13 December 1976 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of the activities of insurance agents and brokers (ex ISIC Group 630) and, in particular, transitional measures in respect of those activities (*). (3)  Directive 77[92[EEC was to remain applicable until the entry into force of provisions coordinating national rules concerning the taking-up and pursuit of the activities of insurance agents and brokers. (4)  Commission Recommendation 92[48/EEC of 18 December 1991 on insurance intermediaries (°) was largely followed by Member States and helped to bring closer together national provisions on the professional requirements and registration of insurance intermedi- aries. (5 However, there are still substantial differences between national provisions which create barriers to the taking- up and pursuit of the activities of insurance and reinsur- ance intermediaries in the internal market. It is therefore appropriate to replace Directive 77/92/EEC with a new directive. (6)  Insurance and reinsurance intermediaries should be able to avail themselves of the freedom of establishment and the freedom to provide services which are enshrined in the Treaty. ) O] C 29 E, 30.1.2001, p. 245. () 0] C 221, 7.8.2001, p. 121. (}) Opinion of the European Parliament of 14 November 2001 (O] C 140 E, 13.6.2002, p. 167), Council Common Position of 18 March 2002 (O] 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. () OJ L 26, 31.1.1977, p. 14. Directive as last amended by the Act of Accession of 1994. () OJL 19, 28.1.1992, p. 32. ) (10) (11) (12) The inability of insurance intermediaries to operate freely throughout the Community hinders the proper functioning of the single market in insurance. The coordination of national provisions on professional requirements and registration of persons taking up and pursuing the activity of insurance mediation can there- fore contribute both to the completion of the single market for financial services and to the enhancement of customer protection in this field. Various types of persons or institutions, such as agents, brokers and ‘bancassurance’ operators, can distribute insurance products. Equality of treatment between operators and customer protection requires that all these persons or institutions be covered by this Directive. This Directive contains a definition of ‘tied insurance intermediary’ which takes into account the characteris- tics of certain Member States' markets and whose purpose is to establish the conditions for registration applicable to such intermediaries. This definition is not intended to preclude Member States from having similar concepts in respect of insurance intermediaries who, while acting for and on behalf of an insurance under- taking and under the full responsibility of that under- taking, are entitled to collect premiums or amounts intended for the customer in accordance with the finan- cial guarantees laid down by this Directive. This Directive should apply to persons whose activity consists in providing insurance mediation services to third parties for remuneration, which may be pecuniary or take some other form of agreed economic benefit tied to performance. This Directive should not apply to persons with another professional activity, such as tax experts or accountants, who provide advice on insurance cover on an incidental basis in the course of that other professional activity, neither should it apply to the mere provision of informa- tion of a general nature on insurance products, provided that the purpose of that activity is not to help the customer conclude or fulfil an insurance or reinsurance contract, nor the professional management of claims for an insurance or reinsurance undertaking, nor the loss adjusting and expert appraisal of claims.