WRITTEN QUESTION No. 1226/98 by Roberta ANGELILLI to the Commission. Insurance agencies in Italy
Date: 1998-04-29
Institutions: ANGELILLI, European Parliament
Subjects: Italy, freedom to provide services, insurance occupation, national law, right of establishment













EUR-Lex - 91998E1226 - EN






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91998E1226

WRITTEN QUESTION No. 1226/98 by Roberta ANGELILLI to the Commission. Insurance agencies in Italy  


Official Journal C 031 , 05/02/1999 P. 0024 





WRITTEN QUESTION E-1226/98by Roberta Angelilli (NI) to the Commission(29 April 1998)Subject: Insurance agencies in ItalyIn Italy insurance agencies, which are defined as businesses and governed by the Italian civil code, are organized in accordance with commercial criteria. The number of registered brokers amounts to some 25 000 and there are estimated to be several thousand general agencies. Sub-offices depend on these agencies and form a network employing clerks and thereby providing work for tens of thousands of employees. The economic relationship between companies and brokers is regulated under the so-called "advance commission" system whereby commissions are calculated in advance for the duration of multi-annual contracts. This self-financing system enables the agencies to carry out large productive and organizational investments. When the insurance agencies in Italy are required to comply with the EU Directives they will no longer be able to enter into multi-annual contracts and the income from commissions will be drastically reduced.In the light of the above, will the Commission say:1. Whether this is likely to damage or cause economic imbalances in the organization of agencies in Italy?2. Whether studies have been carried out into the possible impact of compliance on the Italian insurance system?3. Whether a European legal framework is also possible for insurance agencies?Answer given by Mr Monti on behalf of the Commission(16 June 1998)1. The only directive currently applicable to insurance intermediaries is Council Directive 77/92/EEC of 13 December 1976 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of the activities of insurance agents and brokers (ex ISIC Group 630) and, in particular, transitional measures in respect of those activities.(1) The other Community directives on insurance, and in particular the directives on life and non-life insurance, are, by contrast, applicable to insurance undertakings. These directives do not seem to have caused any imbalances in the organisation of agencies in Italy.There is also a Commission recommendation 92/48/EEC of 18 December 1991 on insurance intermediaries, but it is not binding.(2)The above-mentioned instruments do not stipulate how the payment of commissions to insurance intermediaries is to be organised. This is therefore solely a matter for the companies to decide.2. The Commission has published a study on the impact of Community single market legislation on the insurance industry.(3)3. A version of the European legal framework currently applicable to insurance intermediaries is at present being examined.(1) OJ L 26, 31.1.1977.(2) OJ L 19, 28.1.1992.(3) Office for Official Publications of the European Communities (1998): Volume1 (Insurance) of SubseriesII (Impact on services) of the Single Market Review series.