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European Insurance and Occupational Pensions Authority

1615

Q&A

Question ID: 1615

Regulation Reference: (EU) No 2017/2358 - product oversight and governance requirements for insurance

Topic: Other

Status: Final

Date of submission: 10 Jul 2018

Question

Are manufacturers of insurance products expected to apply the Product Oversight and Governance requirements with regard to insurance products which are distributed by ancillary insurance intermediaries exempted from the scope of the IDD?

EIOPA answer

Yes. The Product Oversight and Governance requirements which apply in the context of the manufacturing of insurance products are addressed to insurance undertakings and insurance intermediaries which are considered manufacturers. This approach ensures that any insurance product which is designed and manufactured undergoes the Product Oversight and Governance arrangements which have been established by the insurance manufacturer, independent from the question by which entity the insurance products are ultimately distributed, except for insurance products which insure large risks (Article 25(4), IDD). 
Hence, even if insurance products are distributed by ancillary insurance intermediaries exempted from the scope of the IDD, the manufacturers of these products are expected to fulfil their obligations under Article 25, IDD and the corresponding provisions in Delegated Regulation 2017/2358. This also means that manufacturer of insurance products are expected to fulfil the requirements with regard to the distribution channel as laid down in Article 8 of Delegated Regulation 2017/2358, such as providing all appropriate information on the insurance products and the identified target market to the ancillary insurance intermediaries exempted from the scope of the IDD. 
Furthermore, manufacturers and distributors selling insurance products through ancillary insurance intermediaries exempted from the IDD are expected to adopt adequate procedures to obtain all the information as referred to in Article 11 of Delegated Regulation 2017/2358 if the product is not in line with the interests, objectives and characteristics of the identified target market or where other product-related circumstances arise that may adversely affect the customers.