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Directive 2016/97/EU - Insurance Distribution Directive (IDD)RecitalsChapter I Scope and definitions (arts. 1-2)Article 1 ScopeArticle 2 DefinitionsChapter II Registration requirements (art. 3)Article 3 RegistrationChapter III Freedom to provide services and freedom of establishment (arts. 4-9 and draft art. 9a)Article 4 Exercise of the freedom to provide servicesArticle 5 Breach of obligations when exercising the freedom to provide servicesArticle 6 Exercise of the freedom of establishmentArticle 7 Division of competence between home and host Member StatesArticle 8 Breach of obligations when exercising the freedom of establishmentArticle 9 Powers in relation to national provisions adopted in the interest of the general goodDraft Article 9a Reporting of cross-border activitiesChapter IV Organisational requirements (arts. 10-16 and draft arts. 16a-16b)Article 10 Professional and organisational requirementsArticle 11 Publication of 'general good' rulesArticle 12 Competent authoritiesDraft Article 12a Cooperation and exchange of information with EIOPADraft Article 12b Collaboration platformsArticle 13 Cooperation and exchange of information between the competent authorities of Member StatesArticle 14 ComplaintsArticle 15 Out-of-court redressArticle 16 Restriction on use of intermediariesDraft Article 16a Financial education of customersDraft Article 16b Financial education of customers and marketing communicationChapter V Information requirements and conduct of business rules (arts. 17-25)Article 17 General principleArticle 18 General information provided by the insurance intermediary or insurance undertakingArticle 19 Conflicts of interest and transparencyArticle 20 Advice, and standards for sales where no advice is givenArticle 21 Information provided by ancillary insurance intermediariesArticle 22 Information exemptions and flexibility clauseArticle 23 Information conditionsArticle 24 Cross-sellingArticle 25 Product oversight and governance requirementsChapter VI Additional requirements in relation to insurance-based investment products (arts. 26-30)Article 26 Scope of additional requirementsDraft Article 26a Marketing communications and practicesArticle 27 Prevention of conflicts of interestArticle 28 Conflicts of interestArticle 29 Information to customersDraft Article 29a InducementsDraft Article 29b Best interest of customersArticle 30 Assessment of suitability and appropriateness and reporting to customersChapter VII Sanctions and other measures (arts. 31-36)Article 31 Administrative sanctions and other measuresArticle 32 Publication of sanctions and other measuresArticle 33 Breaches, and sanctions and other measuresArticle 34 Effective application of sanctions and other measuresArticle 35 Reporting of breachesDraft Article 35a Procedure to address activities offered through digital means without authorisation or registrationArticle 36 Submitting information to EIOPA in relation to sanctions and other measuresChapter VIII Final provisions (arts. 37-46)Article 37 Data protectionArticle 38 Delegated actsArticle 39 Exercise of the delegationArticle 40 Transitional periodArticle 40a Accessibility of information on the European single access pointArticle 41 Review and evaluationArticle 42 TranspositionArticle 43 Amendment of Directive 2002/92/ECArticle 44 RepealArticle 45 Entry into forceArticle 46 AddresseesAnnex I Minimum Profesional knowledge and competence requirementsAnnex IIAnnex II, Part A Repealed Directive with list of its successive amendmentsAnnex II, Part B Time limits for transposition into national law referred to in Article 44Annex III Correlation tableDone at
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Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 22 February 2016 - onwards
Version 2 of 2

Article 22 Information exemptions and flexibility clause

DRAFT Sub paragraph replaced Article 2 Amendments to Directive (EU) 2016/97 of the Proposal for a Directive of the European Parliament and of the Council amending Directives (EU) 2009/65/EC, 2009/138/EC, 2011/61/EU, 2014/65/EU and (EU) 2016/97 as regards the Union retail investor protection rules (Text with EEA relevance) (COM(2023) 279 final / 2023/0167 (COD)) (updated 19 September 2024 with Information Note - List of WKs published from 1 January to 30 June 2024)
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1. The information referred to in Articles 18, 19 and 20 need not be provided when the insurance distributor carries out distribution activities in relation to the insurance of large risks.

Member States may provide that the information referred to in Articles 29 and 30 of this Directive need not be provided to a professional client as defined in point (10) of Article 4(1) of Directive 2014/65/EU.

2. Member States may maintain or adopt stricter provisions regarding the information requirements referred to in this Chapter provided that such provisions comply with Union law. Member States shall communicate to EIOPA and the Commission such national provisions.

Member States shall also take the necessary steps to ensure appropriate publication by their competent authorities of the information about whether and how the Member State has chosen to apply stricter provisions under this paragraph.

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