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European Insurance and Occupational Pensions Authority

Division of competence between home and host Member States

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CHAPTER III

Article number:  7

1. If an insurance, reinsurance or ancillary insurance intermediary’s primary place of business is located in a Member State other than the home Member State, the competent authority of that other Member State may agree with the home Member State competent authority to act as if it were the home Member State competent authority with regard to the provisions of Chapters IV, V, VI and VII. In the event of such an agreement, the home Member State competent authority shall notify the insurance, reinsurance or ancillary insurance intermediary and EIOPA without delay.

2. The competent authority of the host Member State shall have responsibility for ensuring that the services provided by the establishment within its territory comply with the obligations laid down in Chapters V and VI and with measures adopted pursuant thereto.

The competent authority of the host Member State shall have the right to examine establishment arrangements and to request such changes as are needed to enable the competent authority to enforce the obligations under Chapters V and VI and measures adopted pursuant thereto with respect to the services or activities provided by the establishment within its territory.

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EIOPA answered Q&As:
Question ID: 2053

Metadata

RULEBOOK TOPIC:  CHAPTER III - FREEDOM TO PROVIDE SERVICES AND FREEDOM OF ESTABLISHMENT

RULEBOOK CATEGORY:  Directive (EU) 2016/97 (Insurance Distribution Directive)

Last update on:  20 Aug 2021