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PRACTICE NOTES
This Practice Note is an introduction to the objectives, scope and key elements of the Insurance Distribution Directive, Directive 2016/97/EU (IDD). For information about the UK insurance distribution regime, see Practice Note: UK insurance distribution regime—essentials. Background and objectives of the IDD Following the implementation of the Insurance Mediation Directive, Directive 2002/92/EC (IMD), it became apparent that there was a disparity in how Member States had interpreted the IMD. There was also concern around the sale of life insurance and insurance-based investment products (IBIPs) which appeared to offer less consumer protection than the sale of non-insurance investment products. Following a number of public hearings, reviews, consultations and reports, the IMD was repealed and replaced by the IDD. The IDD was published in the Official Journal of the EU (OJ) on 2 February 2016 and entered into force on 23 February 2016. EU Member States were required to transpose the IDD into national law by 1 July 2018 (this was delayed from the original transposition date of 23 February 2018). Firms were required to comply with
PRACTICE NOTES
This Practice Note provides an overview of the requirements for insurance-based investment products (IBIPs) under Directive (EU) 2016/97, the Insurance Distribution Directive (IDD), which replaced the Insurance Mediation Directive (2002/92/EC) (IMD) effective 1 October 2018. It focuses on the rules that apply to IBIPs regarding conflicts of interest, information to customers, and suitability and appropriateness, including those set out in Commission Delegated Regulation (EU) 2017/2359 (IDD IBIPs Regulation), which supplements the IDD. For more information on the IDD, see Practice Notes: • EU Insurance Distribution Directive (IDD)—essentials • EU Insurance Distribution Directive (IDD)—organisational and conduct of business requirements • EU Insurance Distribution Directive (IDD)—scope, registration, passporting and sanctions • EU Insurance Distribution Directive (IDD)—Insurance Product Information Document requirements What are insurance-based investment products? Under the IDD, an IBIP is defined as ‘an insurance product which offers a maturity or surrender value, where that maturity or surrender value is wholly or partially, directly or indirectly exposed to market fluctuations’. The definition follows that in Regulation (EU) 1286/2014 on key information documents (KIDs) for packaged
PRACTICE NOTES
This Practice Note provides an overview of the organisational and conduct of business requirements of Directive (EU) 2016/97, the Insurance Distribution Directive (IDD) which replaced the Insurance Mediation Directive (2002/92/EC) (IMD) effective 1 October 2018. For more information on the IDD, see: • EU Insurance Distribution Directive (IDD)—essentials • EU Insurance Distribution Directive (IDD)—scope, registration, passporting and sanctions • EU Insurance Distribution Directive (IDD)—insurance-based investment products • EU Insurance Distribution Directive (IDD)—Insurance Product Information Document requirements IDD organisational and conduct of business requirements—overview The IDD sets out organisational and conduct of business requirements for insurance and reinsurance distributors, which includes insurance and reinsurance intermediaries, ancillary insurance intermediaries, insurers and reinsurers. The organisational and conduct of business requirements under the IDD include: • professional requirements to ensure that individuals involved in selling insurance products to consumers are competent to do so, including requirements related to knowledge and ability, training and development, good repute and record-keeping • requirements for insurance and reinsurance intermediaries to hold professional indemnity insurance • client money provisions • procedures
PRACTICE NOTES
This Practice Note provides an overview of the scope and key provisions of Directive (EU) 2016/97, the Insurance Distribution Directive (IDD) which replaced the Insurance Mediation Directive (2002/92/EC) (IMD) effective 1 October 2018. It focuses on the regulation of firms and summarises who is affected by the IDD, the regulated activities under the IDD and the exclusions. It also outlines the IDD’s authorisation and registration requirements, passporting rights and sanctions. For more information on the IDD, see: • EU Insurance Distribution Directive (IDD)—essentials • EU Insurance Distribution Directive (IDD)—organisational and conduct of business requirements • EU Insurance Distribution Directive (IDD)—insurance-based investment products • EU Insurance Distribution Directive (IDD)—Insurance Product Information Document requirements Scope of the Insurance Distribution Directive Who is affected? Any individual or firm which is involved in the distribution of insurance and/or reinsurance products (distributors) will, in the absence of an exemption, be affected by the IDD. The IDD affects all market participants who distribute insurance products, thus bringing insurance and reinsurance undertakings directly within its scope. The definitions
PRACTICE NOTES
Background to implementation of the EU IFR The EU Interchange Fee Regulation (OJ L 123/1) (an EU regulation on interchange fees for card-based payment transactions) (Regulation (EU) 2015/751) (the EU IFR) was enacted in response to the perceived anti-competitive effect of fees paid by merchants to banks for accepting payments made using credit or debit cards. The EU IFR imposes a cap on such fees and introduces a set of business rules aimed at prohibiting anti-competitive behaviour. The goal is to increase competition, lower prices for consumers and increase opportunities for new entrants into the payments market. The EU IFR entered into effect on 8 June 2015. The EU IFR has applied since 8 June 2015, with the exception of Articles 3, 4, 6 and 12, which became applicable on 9 December 2015, and the exception of Articles 7, 8, 9 and 10, which became applicable on 9 June 2016. The cap on fees introduced by the EU IFR should also be considered alongside the second Payment Services Directive (Directive 2015/2366/EU) (PSD2), which prohibits surcharging
PRACTICE NOTES
Key information IAS Regulation Title Regulation (EU) 1143/2014 on the prevention and management of the introduction and spread of invasive alien species (IAS Regulation) Entry into force 01/01/2015 Transposition deadline N/A. Regulations are directly applicable and do not require transposition Amendments Regulation (EU) 2016/2031 on protective measures against pests of plants, amending Regulation (EU) 228/2013, Regulation (EU) 652/2014 and Regulation (EU) 1143/2014 and repealing Council Directive 69/464/EEC, Directive 74/647/EEC, Directive 93/85/EEC, Directive 98/57/EC, Directive 2000/29/EC, Directive 2006/91/EC and Directive 2007/33/EC. Applicable from 14 December 2019 Subject Invasive species Background The EU ‘Biodiversity Strategy to 2020’, adopted in May 2011, announced a dedicated legislative instrument to tackle invasive alien species (IAS). The fifth target of the Strategy was that by ‘2020, invasive alien species are identified, priority species controlled or eradicated, and pathways managed to prevent new invasive species from disrupting European biodiversity’. Action 16 of the Strategy was to ‘provide a legal framework to fight invasive alien species.’ The mid-term report on the Strategy,
PRACTICE NOTES
Key information LULUCF Regulation Title Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) 525/2013 and Decision 529/2013/EU (LULUCF Regulation) Entry into force 9 July 2018 Transposition deadline N/A. It is a Regulation so is directly applicable in Member States. Amendments —Commission Delegated Regulation (EU) 2021/268 of October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021–2025. In force from 14 March 2021.—Regulation (EU) 2023/839 of 19 April 2023 amending Regulation (EU) 2018/841 as regards the scope, simplifying the reporting and compliance rules, and setting out the targets of the Member States for 2030, and Regulation (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress
PRACTICE NOTES
Key information EU Landfill Directive Title Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (the Landfill Directive) Entry into Force 16 July 1999 Deadline for Transposition 16 July 2001 National transposition See Eur-Lex information on national transposition measures, as provided by Member States Key amendments —Directive 2011/97/EU of 5 December 2011 amending the Landfill Directive as regards specific criteria for the storage of metallic mercury considered as waste. In force: 13 December 2011. Member States’ transposition deadline: 15 March 2013.—Directive (EU) 2018/850 of 30 May 2018 amending the Landfill Directive. In force: 4 July 2018. Member States’ transposition deadline: 5 July 2020.—Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU and Council Directive 1999/31/EC on the landfill of waste. In force 4 August 2024. Member States’ transposition deadline 1 July 2026. Subject Waste, landfill Objectives and purpose The Landfill Directive aims to: • ensure a progressive reduction of landfilling of waste, in particular
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the progress of the European Commission’s proposal for a revision of Directive 2011/7/EU on combating late payment in commercial transactions, the EU Late Payment Directive, published on 12 September 2023. Background On 12 September 2023, as part of a series of initiatives to address the needs of Europe's small and medium-sized enterprises (SMEs Relief package), the European Commission proposed a Regulation on combating late payment in commercial transactions (EU Late Payment Regulation). This proposal aims, among other things, to improve the competitiveness and business environment for SMEs in the EU. The new regulation would repeal and replace the EU Late Payment Directive. A regulation unlike a directive is directly applicable in EU Member States. The EU Late Payment Directive aims at improving payments of invoices in business-to-business (B2B) transactions, and thereby protecting businesses, especially SMEs, from situations in which waiting too long for the payment of an invoice could impact negatively their
NEWS
This week's edition of EU Law weekly highlights includes an analysis of the updated AI liability proposals sent to EU legislators, an analysis of the first permanent injunction at the UPC, the publication of the July 2024 infringement package, the publication of a Q&A on the Instant Payment Regulation and an FAQ on the Corporate Sustainability Due Diligence Directive. In addition, EU Competent Authorities have published a statement on the medical devices regulatory framework status, the European AI Office has launched a consultation and call for interests for the EU AI Act General-Purpose AI Code of Practice and the EU Nature Restoration Law has been published in the Official Journal.
NEWS
This week's edition of EU Law weekly highlights includes the Commission’s adoption of a package of infringement decisions on transposition failures by Member States, the adoption of the European Common Criteria-based cybersecurity certification scheme (EUCC), the extension of the first CBAM reporting deadline for importers, and a proposal to derogate from certain Common Agricultural Policy (CAP) rules during 2024. In addition, new Regulations governing F-gases and ozone depleting substances have been finalised, the Council of the EU has published the final compromise text of revisions to Solvency II, the establishment of an European Artificial Intelligence Office has been announced, and the Council of the EU has adopted its position on a Regulation banning products made with forced labour.
NEWS
This week's edition of EU Law weekly highlights includes analyses on the interplay between the EU AI Act and the EU General Data Protection Regulation, what legal teams need to know about AI standards, navigating the EU AI Act in 2025, and the impact of imminent European design reforms on companies’ future IP strategies. Further this week, the European Commission published its 2025–2030 Ecodesign Working Plan, launched a call for evidence on its proposed Industrial Decarbonisation Accelerator Act, adopted three Delegated Regulations under the European Green Bond Regulation, fined Apple €500m and Meta €200m for breaching EU Digital Markets Act obligations and closed its EU Digital Markets Act investigation into Apple's user choice obligations. Finally, this week’s highlights cover the publication of new guidelines on sharing cybersecurity information in the electricity sector and MedTech Europe’s warnings on the risks associated with medical import tariffs.