Question ID: 3327
Regulation Reference: Other
Topic: Other
Status: Rejected
Date of submission: 22 Apr 2025
Question
Having in consideration the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part, published on 14.01.2017 in Official Journal, the insurance companies licensed in Canada to provide insurance services, can based on FOS or FOE from IDD to provide such services also in EU countries?
Background of the question
As it is said in CETA these is applied to Financial services as are defined in the follows articles. Article 13.1 Definitions For the purposes of this Chapter: cross-border financial service supplier of a Party means a person of a Party that is engaged in the business of supplying a financial service within the territory of the Party and that seeks to supply or supplies a financial service through the cross-border supply of that service; cross-border supply of financial services or cross-border trade in financial services means the supply of a financial service: (a) from the territory of a Party into the territory of the other Party; or (b) in the territory of a Party by a person of that Party to a person of the other Party; Actually we didn't find in IDD any reference to such case like International Treat and how this particular case of CETA, have to be treat by National Supervisory Authority. More specific, in case a Canadian insurance company wants to provide insurance services in UE, based on CETA and FOS from IDD, how they will proceed. They still need a new license or just can distribute insurance base on national license, providing a notification to its national country or to EU member state where they want to provide services? On FOS they need an agent (MGA) in Europe?
EIOPA answer
This question has been rejected because it does not relate to the consistent and effective application of the legal framework covered by this Q&A process because the referred regulation (Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part) concerns a regulation which is not under the remit of EIOPA.
In this light, you can directly contact EU Commission for this question.
In addition, we would like to catch your attention to consult Article 1.6 of the Insurance Distribution Directive (IDD).