Article 33
Breaches, and sanctions and other measures
1.
This Article shall apply to at least the following:
(a)
persons who fail to register their distribution activities in accordance with Article 3;
(b)
an insurance or reinsurance undertaking or insurance or reinsurance intermediary using the insurance or reinsurance distribution services of persons referred to in point (a);
(c)
an insurance, reinsurance or ancillary insurance intermediary who obtained a registration through false statements or any other irregular means in breach of Article 3;
(d)
an insurance distributor who fails to meet the provisions of Article 10;
(e)
an insurance undertaking or insurance intermediary failing to comply with conduct of business requirements set out in Chapters V and VI, in relation to the distribution of insurance-based investment products;
(f)
an insurance distributor who fails to comply with conduct of business requirements set out in Chapter V, in relation to any insurance product other than those referred to in point (e).
2.
In the event of any of the breaches referred to in point (e) of paragraph 1, Member States shall ensure that the competent authorities have the power to impose, in accordance with national law, at least the following administrative sanctions and other measures:
(a)
a public statement, which indicates the responsible natural or legal person and the nature of the breach;
(b)
an order requiring the responsible natural or legal person to cease the conduct and to desist from a repetition of that conduct;
(c)
in the case of an insurance intermediary, withdrawal of the registration referred to in Article 3;
(d)
a temporary ban on the exercise of management functions in insurance intermediaries or insurance undertakings imposed against any member of the management body of the insurance intermediary or insurance undertaking who is held responsible;
(e)
in the case of a legal person, the following maximum administrative pecuniary sanctions:
(i)
at least EUR 5 000 000 or up to 5 % of the total annual turnover according to the last available accounts approved by the management body, or in the Member States whose currency is not the euro, the corresponding value in the national currency on the date of entry into force of this Directive. Where the legal person is a parent undertaking or a subsidiary of a parent undertaking which has to prepare consolidated financial accounts according to Directive 2013/34/EU of the European Parliament and of the Council ( 6 ), the relevant total turnover shall be the total annual turnover according to the last available consolidated accounts approved by the management body of the ultimate parent undertaking; or
(ii)
up to twice the amount of the profits gained or losses avoided because of the breach, where those can be determined;
(f)
in the case of a natural person, the following maximum administrative pecuniary sanctions:
(i)
at least EUR 700 000 or, in the Member States whose currency is not the euro, the corresponding value in the national currency on the date of entry into force of this Directive; or
(ii)
up to twice the amount of the profits gained or losses avoided because of the breach, where those can be determined.
3.
In the event of any of the breaches referred to in points (a) to (d) and (f) of paragraph 1, Member States shall ensure that the competent authorities have the power to impose, in accordance with national law, at least the following administrative sanctions and other measures:
(a)
an order requiring the responsible natural or legal person to cease the conduct and to desist from a repetition of that conduct;
(b)
in the case of an insurance, reinsurance or ancillary insurance intermediary, withdrawal of the registration referred to in Article 3.
4.
Member States may empower competent authorities to provide for additional sanctions or other measures and for levels of administrative pecuniary sanctions which are higher than those provided for in this Article.
( ) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).