57It follows from that definition that an insurance-based investment product, like the capital life assurance contract at issue in the main proceedings, involves an investment element which is subject to financial market developments. Nevertheless, Directive 2014/65 did not introduce any amendment to the definition of insurance mediation contained in the first subparagraph of Article 2, point 3, of Directive 2002/92, which means that advice on such an investment element constitutes an insurance mediation activity defined in that provision. Moreover, the fact that Chapter IIIA contains ‘additional’ requirements in relation to insurance-based investment products indicates that the mediation of such products already fell within the scope of Directive 2002/92 prior to its amendment by Directive 2014/65.
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