EIOPA s draft Technical Advice n pssible Cmmissin delegated acts IDD Public Hearing Frankfurt, 23 September 2016
Delegated Acts 2
Cmmissin Delegated Acts 1. Cnflicts f interest 2. Third party payments (r inducements ) 3. Suitability, apprpriateness and reprting t custmers apply t the sale f Insurance-Based Investment Prducts (IBIPs) nly 4. Prduct Oversight and Gvernance arrangements apply t the sale f all insurance prducts 3
Prpsals regarding Prduct Oversight & Gvernance 4
Prduct Oversight & Gvernance (POG) (Art 25) Cmmissin asked EIOPA t prvide detailed POG advice and build n Preparatry Guidelines Draft Advice aims t further specify POG requirements in IDD We have split plicy prpsals int tw parts fr cnsultatin: Sectin with POG Preparatry Guidelines: - Manufacturers - Distributrs Sectin with New Plicy Prpsals 5
Prduct Oversight & Gvernance (cnt.) Plicy Prpsals based n POG Preparatry Guidelines Establishment f POG arrangements/ Rle f Management Identificatin f target market Prduct Testing/Mnitring Remedial actin 6
Prduct Oversight & Gvernance (cnt.) New plicy prpsals Cnditins fr an intermediary being cnsidered a manufacturer Granularity f the target market Obligatin t review POG arrangements Prvisin f prduct-related infrmatin t distributrs 7
Prpsals regarding Suitability, Apprpriateness and Reprting t custmers 8
Suitability, Apprpriateness & Reprting t custmers (Art 30) Plicy prpsals cntain fur parts: 1. Assessment f suitability and apprpriateness f insurance-based investment prducts: - Fcus is n infrmatin t be btained fr the purpses f these assessments - Distributin f IBIPs is withut prejudice t demands and needs test - Suitability & apprpriateness linked t the embedded investment element f IBIPs. Hw t reflect insurance specificities? 9
Suitability, Apprpriateness & Reprting t custmers (cnt.) 2. Criteria fr ther nn-cmplex IBIPs which are eligible fr executin- nly business: Can be sld withut advice, with n prir apprpriateness assessment 3. Recrd-keeping bligatins: Explicit rules fr recrd keeping f the results f the suitability assessment 4. Peridic reprting t custmers: Reprting cncepts further e.g. the suitability statement and peridic cmmunicatins t custmers Natinal implementatin f IDD might intrduce further cmplementary cncepts, such as an apprpriateness statement 10
Prpsals regarding Cnflicts f Interest & Inducements 11
Cnflicts f Interest (Articles 27 & 28) February 2015 - EIOPA already submitted technical advice t the EC n cnflicts f interest ( IMD 1.5 ) Extensive wrk/analysis dne n IMD 1.5 = basis f current advice Previus Technical Advice has been used as a basis t specify: Organisatinal measures and prcedures Which types f cnflicts f interest risk damaging custmers interests Current draft Technical Advice als intrduces mre explicit language that disclsure is a last resrt measure 12
Third party payments (Inducements) (Article 29) Key elements: A definitin f inducement and inducement scheme A high-level principle n when mnetary/nn-mnetary benefits have a detrimental impact As requested by the Cmmissin: - a list f types f inducements cnsidered t have a high risk f leading t detrimental impact n the quality f the relevant service t the custmer - N.B. This is nt a Blacklist! N intentin t create de fact prhibitin n the payment/receipt f cmmissin Organisatinal measures fr payment/receipt f inducements Want t initiate a discussin with the market 13
Thank yu 14