> For the complete documentation index, see [llms.txt](https://www.mica.wtf/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.mica.wtf/mica.wtf/mifid-ii/title-vii-delegated-acts-art.-89-97/91.md).

# Art. 91 — Amendments to Directive 2002/92/EC

Directive 2002/92/EC is hereby amended as follows:

> **(1)**&#x41;rticle 2 is amended as follows:
>
> > **(a)**&#x69;n point 3, the second paragraph is replaced by the following:
> >
> > **(b)**&#x74;he following point is added:
> >
> > > **(13)**&#x46;or the purposes of Chapter IIIA, insurance-based investment product means an insurance product which offers a maturity or surrender value and where that maturity or surrender value is wholly or partially exposed, directly or indirectly, to market fluctuations and shall not include:
> > >
> > > > **(a)**&#x6E;on-life insurance products as listed in Annex I of Directive 2009/138/EC (Classes of Non-life Insurance);
> > > >
> > > > **(b)**&#x6C;ife insurance contracts where the benefits under the contract are payable only on death or in respect of incapacity due to injury, sickness or infirmity;
> > > >
> > > > **(c)**&#x70;ension products which, under national law, are recognised as having the primary purpose of providing the investor with an income in retirement, and which entitles the investor to certain benefits;
> > > >
> > > > **(d)**&#x6F;fficially recognised occupational pension schemes falling under the scope of Directive 2003/41/EC or Directive 2009/138/EC;
> > > >
> > > > **(e)**&#x69;ndividual pension products for which a financial contribution from the employer is required by national law and where the employer or the employee has no choice as to the pension product or provider.;
>
> **(2)**&#x74;he following chapter is inserted:
>
> > **(a)**&#x64;efine the steps that insurance intermediaries or insurance undertakings might reasonably be expected to take to identify, prevent, manage and disclose conflicts of interest when carrying out insurance distribution activities;
> >
> > **(b)**&#x65;stablish appropriate criteria for determining the types of conflict of interest whose existence may damage the interests of the customers or potential customers of the insurance intermediary or insurance undertaking.


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