UDC 368:340.13(4-672EU)
Biblid: 1451-3188, 17 (2018)
Vol. 18, No 64, pp. 62-76

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970


Čolović Vladimir (Институт за упоредно право Београд), v.colovic@iup.rs

Directive (EU) No. 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) lays down rules concerning the taking-up and pursuit of the activities of insurance and reinsurance distribution in the Union. This Directive applies to any natural or legal person who is established in a Member State or who wishes to be established there in order to take up and pursue the distribution of insurance and reinsurance products. The form of Directive No. 2016/97 is appropriate in order to enable the implementing provisions in the areas covered by this Directive and when necessary to be adjusted to any existing specificities of the particular market and legal system in each Member State. Also, this act should aim at coordinating national rules concerning access to the activities of insurance and reinsurance distribution. This Directive is aimed at minimum harmonisation and should therefore not preclude the Member States from maintaining or introducing more stringent provisions in order to protect customers, provided that such provisions are consistent with Union law, including this Directive. Also, this Directive specifies that the Member States should also provide access to registries of intermediaries. Various types of persons or institutions can distribute insurance products. The article presents the provisions on the status of the insurance distributors, which relates to the obligation of the registration in the register, the carrying out of mediation activities in another country, the organizational conditions for the provision of insurance distribution, liability insurance and the protection of the consumers in insurance, the conditions of information and the rules of business conduct of the insurance distributor, etc. Directive No. 2016/97 also defines the minimum professional knowledge and conditions of expertise for performing insurance distribution activities related to non-life and life insurance, as well as investment insurance products. The paper also presents the provisions of the Act on Insurance of the Republic of Serbia on insurance intermediaries. According to the provisions of this Act, these activities, as the sole activity, can be performed by an insurance intermediation company licensed by the National Bank of Serbia. An insurance intermediation company is established as a joint-stock company or a limited-liability company..

Keywords: Directive No. 2016/97, insurance, reinsurance, distributors, intermediaries, consumers in insurance, insurance products