1977L0092 — EN — 01.01.1981 — 001.001 — 1
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►B COUNCILDIRECTIVE
of13December 1976
onmeasurestofacilitatetheeffectiveexerciseoffreedomofestablishmentandfreedomtoprovide
services in respect of the activities of insurance agents and brokers (ex ISIC Group 630) and, in
particular, transitionalmeasuresinrespect ofthoseactivities
(77/92/EEC)
(OJ L 26, 31.1.1977, p. 14)
Amended by:
Official Journal
No page date
►A1Act of Accession of Greece L 291 17 19.11.1979
▼B
COUNCILDIRECTIVE
of13December 1976
onmeasures tofacilitate the effective exercise offreedom ofestab-
lishmentandfreedomtoprovideservicesinrespectoftheactivitiesofinsuranceagentsandbrokers(exISICGroup630)and,inparti-
cular,transitionalmeasuresinrespectofthoseactivities
(77/92/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 49, 57, 66 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Economic and Social
Committee(2),
Whereas, pursuant to the Treaty, all discriminatory treatment based on
nationality with regard to establishment and to the provision of servicesis prohibited from the end of the transitional period; whereas the prin-ciple of such national treatment applies in particular to the right to joinprofessional organizations where the professional activities of theperson concerned necessarily involve the exercise of this right;
Whereas not all Member States impose conditions for the taking up and
pursuit of activities of insurance agent and broker; whereas in somecases there is freedom to take upand p ursue such activities but in othercases there are strict provisions making access to the profession condi-tional upon possession of formal evidence of qualifications;
Whereas, in view of the differences between Member States as regards
the scope of activities of insurance agent and broker, it is desirable todefine as clearly as possible the activities to which this Directive is toapply;
Whereas, moreover, Article 57 of the Treaty provides that, in order to
make it easier for persons to take up and pursue activities as self-employed persons, Directives are to be issued for the mutual recogni-tion of diplomas, certificates and other evidence of formalqualifications and for the coordination of the provisions laid down by
law, regulation or administrative action in Member States;
Whereas, in the absence of mutual recognition of diplomas or of
immediate coordination, it nevertheless appears desirable to facilitatethe effective exercise of freedom of establishment and freedom toprovide services for the activities in question, in particular by the adop-
tion of transitional measures of the kind envisaged in the General
Programmes(
3) in order to avoid undue constraint on the nationals of
Member States in which the taking upof such activities is not subjectto any conditions;
Whereas, in order to prevent such difficulties arising, the object of the
transitional measures should be to allow, as sufficient qualification for
taking upthe activities in question in host Member States which haverules governing the taking upof such activities, the fact that theactivity has been pursued in the Member State whence the foreignnational comes for a reasonable and sufficiently recent period of time,
in cases where previous training is not required, to ensure that the
person concerned possesses professional knowledge equivalent to thatrequired of the host Member State's own nationals;
Whereas, in view of the situation in the Netherlands, where insurance
brokers are, depending on their professional knowledge, divided up into1977L0092 — EN — 01.01.1981 — 001.001 — 2
(1) OJ No C 78, 2. 8.1971, p. 13.
(2) OJ No C 113, 9.11.1971, p. 6.
(3) OJ No 2, 15. 1. 1962, pp. 32/62 and 36/62.
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several categories, an equivalent system should be provided for in
respect of nationals of other Member States who wish to take up anactivity in one or other of the categories concerned; whereas the most
appropriate and objective criterion for this purpose is the number of
employees whom the person concerned has or has had working underhim;
Whereas, where the activity of agent includes the exercise of a perma-
nent authority from one or more insurance undertakings empoweringthe beneficiary, in respect of certain or all transactions falling within
the normal scope of the business of the undertaking or undertakings
concerned, to enter in the name of such undertaking or undertakingsinto commitments binding upon it or them, the person concerned mustbe able to take upthe activity of broker in the host Member State;
Whereas the purpose of this Directive will disappear once the coordina-
tion of conditions for the taking upand p ursuit of the activities in
question and the mutual recognition of diplomas; certificates and other
formal qualifications have been achieved;
Whereas, in so far as in Member States the taking upor p ursuit of the
activities referred to in this Directive is also dependent in the case ofpaid employees on the possession of professional knowledge andability, this Directive should also apply to this category of persons inorder to remove an obstacle to the free movement of workers and
thereby to supplement the measures adopted in Council Regulation
(EEC) No 1612/68 of 15 October 1968 on freedom of movement forworkers within the Community(
1), as amended by Regulation (EEC)
No 312/76(2);
Whereas, for the same reason, the provisions laid down in respect of
proof of good repute and proof of no previous bankruptcy should also
be applicable to paid employees,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall adopt the measures defined in this Directive
in respect of establishment or provision of services in their territories
by natural persons and companies or firms covered by Title I of theGeneral Programmes (hereinafter referred to as ‘beneficiaries’) wishingto pursue in a self-employed capacity the activities referred to inArticle 2.
2. This Directive shall also apply to nationals of Member States
who, as provided in Regulation (EEC) No 1612/68, wish to pursue as
paid employees the activities referred to in Article 2.
Article 2
1. This Directive shall apply to the following activities falling within
ex ISIC Group630 in Annex III to the General Programme for theabolition of restrictions on freedom of establishment:
(a) professional activities of persons who, acting with complete
freedom as to their choice of undertaking, bring together, with aview to the insurance or reinsurance of risks, persons seeking insur-ance or reinsurance and insurance or reinsurance undertakings,
carry out work preparatory to the conclusion of contracts of insur-
ance or reinsurance and, where appropriate, assist in theadministration and performance of such contracts, in particular inthe event of a claim;
(b) professional activities of persons instructed under one or more
contracts or empowered to act in the name and on behalf of, orsolely on behalf of, one or more insurance undertakings in introdu-1977L0092 — EN — 01.01.1981 — 001.001 — 3
(1) OJ No L 257, 19. 10. 1968, p. 2.
(2) OJ No L 39, 14. 2. 1976, p. 2.
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cing, proposing and carrying out work preparatory to the conclu-
sion of, or in concluding, contracts of insurance, or in assisting inthe administration and performance of such contracts, in particular
in the event of a claim;
(c) activities of persons other than those referred to in (a) and (b) who,
acting on behalf of such persons, among other things carry outintroductory work, introduce insurance contracts or collectpremiums, provided that no insurance commitments towards or on
the part of the public are given as part of these operations.
2. This Directive shall apply in particular to activities customarily
described in the Member States as follows:
(a) activities referred to in paragraph 1 (a):
—inBelgium:
— Courtier d'assurance
Verzekeringsmakelaar,
— Courtier de réassurance
Herverzekeringsmakelaar;
—inDenmark:
— Juridiske og fysiske personer, som driver selvstændig virk-
somhed som formidler ved afsætning offorsikringskontrakter;
—inGermany:
— Versicherungsmakler,
— Rückversicherungsmakler;
—inFrance:
— Courtier d'assurance,
— Courtier d'assurance maritime,
— Courtier de réassurance;
—inIreland:
— Insurance broker,
— Reinsurance broker;
—inItaly:
— Mediatore di assicurazioni,
— Mediatore di riassicurazioni;
—intheNetherlands:
— Makelaar,
— Assurantiebezorger,
— Erkend assurantieagent,
— Verzekeringsagent;
—intheUnitedKingdom:
— Insurance broker;
(b) activities referred to in paragraph 1 (b):
—inBelgium:
— Agent d'assurance
Verzekeringsagent;
—inDenmark:
— Forsikringsagent;
—inGermany:
— Versicherungsvertreter;
—inFrance:
— Agent général d'assurance;
—inIreland:
— Agent;
—inItaly:
— Agente di assicurazioni;1977L0092 — EN — 01.01.1981 — 001.001 — 4
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—inLuxembourg:
— Agent principal d'assurance,
— Agent d'assurance;
—intheNetherlands:
— Gevolmachtigd agent,
— Verzekeringsagent;
—intheUnitedKingdom:
— Agent;
—inGreece:
—Γενικός πράκτωρ,
—Πράκτωρ;
(c) activities referred to in paragraph 1 (c):
—inBelgium:
— Sous-agent
Sub-agent;
—inDenmark:
— Underagent;
—inGermany:
— Gelegenheitsvermittler,
— Inkassant;
—inFrance:
— Mandataire,
— Intermédiaire,— Sous-agent;
—inIreland:
— Sub-agent;
—inItaly:
— Subagente;
—inLuxembourg:
— Sous-agent;
—intheNetherlands:
— Sub-agent;
—intheUnitedKingdom:
— Sub-agent.
Article 3
Member States in which the taking upor p ursuit of any activity
referred to in Article 2 is subject to the fulfilment of certain qualifyingconditions shall ensure that any beneficiary who applies therefor be
provided, before he establishes himself or before he begins to pursue
any activity on a temporary basis, with information as to the rulesgoverning the profession which he proposes to pursue.
Article 4
Where in a Member State the taking upor p ursuit of any activity
referred to in Article 2 (1) (a) and (b) is subject to possession of
general, commercial or professional knowledge and ability, that
Member State shall accept as sufficient evidence of such knowledgeand ability the fact that one of the activities in question has beenpursued in another Member State for any of the following periods:
(a) four consecutive years in an independent capacity or in a manage-
rial capacity; or
(b) two consecutive years in an independent capacity or in a manage-
rial capacity, where the beneficiary proves that he has worked for1977L0092 — EN — 01.01.1981 — 001.001 — 5
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at least three years with one or more insurance agents or brokers or
with one or more insurance undertakings; or
(c) one year in an independent capacity or in a managerial capacity,
where the beneficiary proves that for the activity in question he
has received previous training attested by a certificate recognizedby the State or regarded by a competent professional body as fullysatisfying its requirements.
Article 5
1. If a Member State makes the taking upor p ursuit of any activity
referred to in Article 2 (1) (a) dependent on more stringent require-
ments than those which it lays down in respect of the activitiesreferred to in Article 2 (1) (b), it may in the case of the taking uporpursuit of the first-mentioned activity require this to have been pursuedin another Member State in the branch of the profession referred to inArticle 2 (1) (a) for:
(a) four consecutive years in an independent capacity or in a manage-
rial capacity; or
(b) two consecutive years in an independent capacity or in a manage-
rial capacity, where the beneficiary proves that he has worked for
at least three years with one or more insurance agents or brokers orwith one or more insurance undertakings; or
(c) one year in an independent capacity or in a managerial capacity,
where the beneficiary proves that for the activity in question hehas received previous training attested by a certificate recognized
by the State or regarded by a competent professional body as fully
satisfying its requirements.
An activity pursued by the beneficiary in accordance with Article 2 (1)
(b), where it includes the exercise of a permanent authority from one or
more insurance undertakings empowering the person concerned, inrespect of certain or all transactions falling within the normal scope ofthe business of the undertaking or undertakings concerned, to enter inthe name of such undertaking or undertakings into commitments
binding upon it or them, shall be regarded as equivalent to the activity
referred to in Article 2 (1) (a).
2. However, in the Netherlands, the taking upor p ursuit of the activ-
ities referred to in Article 2 (1) (a) shall in addition be subject to the
following conditions:
— where the beneficiary wishes to work as a ‘makelaar’, he must have
carried on the activities concerned in a business where he was incharge of at least 10 employees,
— where the beneficiary wishes to work as an ‘assurantiebezorger’, he
must have carried on the activities concerned in a business wherehe was in charge of at least five employees,
— where the beneficiary wishes to work as an ‘erkend assurantiea-
gent’, he must have carried on the activities concerned in a
business where he was in charge of at least two employees.
Article 6
1. Where in a Member State the taking upor p ursuit of an activity
referred to in Article 2 (1) (c) is dependent on the possession ofgeneral, commercial or professional knowledge and ability, that
Member State shall accept as sufficient evidence of such knowledge
and ability the fact that the activity in question has been pursued inanother Member State for either of the following periods:
(a) two consecutive years either in an independent capacity or working
with one or more insurance agents or brokers or with one or moreinsurance undertakings; or
(b) one year under the conditions specified under paragraph (a), where
the beneficiary proves that for the activity in question he hasreceived previous training attested by a certificate recognized by1977L0092 — EN — 01.01.1981 — 001.001 — 6
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the State or regarded by a competent professional body as fully
satisfying its requirements.
2. The pursuit for at least one year of one of the activities referred
to in Article 2 (1) (a) or (b) and receipt of the relevant training shall beregarded as satisfying the requirements laid down in paragraph 1.
Article 7
In the cases referred to in Articles 4, 5 and 6, pursuit of the activity in
question shall not have ceased more than 10 years before the date whenthe application provided for in Article 9 (1) is made. However, where ashorter period is laid down in a Member State for its own nationals,
that period must also be applied in respect of beneficiaries.
Article 8
1. A person shall be regarded as having pursued an activity in a
managerial capacity within the meaning of Articles 4 and 5 (1) where
he has pursued the corresponding activity:
(a) as manager of an undertaking or manager of a branch of an under-
taking; or
(b) as deputy to the manager of an undertaking or as its authorized
representative, where such post involved responsibility equivalent
to that of the manager represented.
2. A person shall also be regarded as having pursued an activity in a
managerial capacity within the meaning of Article 4 where his duties inan insurance undertaking have involved the management of agents or
the supervision of their work.
3. The work referred to in Articles 4 (b) and 5 (1) (b) must have
entailed responsibility in respect of the acquisition, administration andperformance of contracts of insurance.
Article 9
1. Proof that the conditions laid down in Articles 4, 5, 6 and 7 are
satisfied shall be established by a certificate, issued by the competent
authority or body in the Member State of origin or Member State
whence the person concerned comes, which the latter shall submit insupport of his application to pursue one of the activities in question inthe host Member State.
2. Member States shall, within the time limit laid down in Article
13, designate the authorities and bodies competent to issue the certifi-cate referred to in paragraph 1 and shall forthwith inform the otherMember States and the Commission thereof.
3. Within the time limit laid down in Article 13 every Member State
shall also inform the other Member States and the Commission of theauthorities and bodies to which an application to pursue in the hostMember State an activity referred to in Article 2 and the documentsin support thereof are to be submitted.
Article 10
1. Where a host Member State requires of its own nationals wishing
to take up or pursue any activity referred to in Article 2 proof of goodrepute and proof that they have not previously been declared bankrupt,
or proof of either one of these, it shall accept as sufficient evidence in
respect of nationals of other Member States the production of anextract from the ‘judicial record’ or, failing this, of an equivalent docu-ment issued by a competent judicial or administrative authority in theMember State of origin or the Member State whence the foreignnational comes showing that these requirements have been met.
2. Where the Member State of origin or the Member State whence
the foreign national concerned comes does not issue the documentreferred to in paragraph 1 it may be replaced by a declaration onoath, — or, in States where there is no provision for declaration on1977L0092 — EN — 01.01.1981 — 001.001 — 7
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oath, by a solemn declaration — made by the person concerned before
a competent judicial or administrative authority or, where appropriate,a notary in the Member State of origin or the Member State whence
that person comes; such authority or notary shall issue a certificate
attesting the authenticity of the declaration on oath or solemn declara-tion. The declaration in respect of no previous bankruptcy may also bemade before a competent professional body in the said country.
3. Documents issued in accordance with paragraphs 1 and 2 must
not be produced more than three months after their date of issue.
4. Member States shall, within the time limit laid down in Article
13, designate the authorities and bodies competent to issue the docu-
ments referred to in paragraphs 1 and 2 of this Article and shallforthwith inform the other Member States and the Commission thereof.
Within the time limit laid down in Article 13, each Member State shall
also inform the other Member States and the Commission of the autho-rities or bodies to which the documents referred to in this Article are to
be submitted in support of an application to carry on in the host
Member State an activity referred to in Article 2.
5. Where in the host Member State proof of financial standing is
required, that State shall regard certificates issued by banks in theMember State of origin or the Member State whence the foreignnational concerned comes as equivalent to certificates issued in itsown territory.
Article 11
A host Member State, where it requires its own nationals wishing to
take upor p ursue one of the activities referred to in Article 2 to take
an oath or make a solemn declaration, and where the form of such oath
or declaration cannot be used by nationals of other Member States,shall ensure that an appropriate and equivalent form of oath or declara-tion is offered to the persons concerned.
Article 12
This Directive shall remain applicable until the entry into force of
provisions relating to the coordination of national rules concerning thetaking upand p ursuit of the activities in question.
Article 13
Member States shall bring into force the measures necessary to comply
with this Directive within 18 months of its notification and shall forth-
with inform the Commission thereof.
Article 14
Member States shall communicate to the Commission the texts of the
main provisions of national law which they adopt in the field coveredby this Directive.
Article 15
This Directive is addressed to the Member States.1977L0092 — EN — 01.01.1981 — 001.001 — 8