Commission Implementing Regulation (EU) 2015/2451 of 2 December 2015 laying down implementing technical standards with regard to the templates and structure of the disclosure of specific information by supervisory authorities in accordance with Directive 2009/138/EC of the European Parliament and of the Council (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2009/138/EC of 25 November 2009 of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and in particular the third subparagraph of Article 31(5) thereof,

Whereas:

(1) In order to foster a uniform level of transparency and accountability of supervisory authorities as well as to ensure that the information disclosed in accordance with Article 31(2) of Directive 2009/138/EC is easily accessible and comparable, it is necessary to provide for common rules regarding the structure and format of the disclosure of such information.

(2) In order to ensure uniform conditions for the disclosure required under points (c) and (d) of Article 31(2) of Directive 2009/138/EC, supervisory authorities should use specific templates.

(3) This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the Commission.

(4) The European Insurance and Occupational Pensions Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Insurance and Reinsurance Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (2),

HAS ADOPTED THIS REGULATION:

Article 1

Disclosure of information on laws, regulations, administrative rules and general guidance

Supervisory authorities shall present the information to be disclosed under point (a) of Article 31(2) of Directive 2009/138/EC under the following headings:

(a) Union legislation in the field of insurance regulation that is directly applicable within the territory of the home Member State;

(b) the texts of national laws, regulations, administrative rules and general guidance in the field of insurance regulation, transposing or based on Union law or otherwise applicable in the home Member State.

Article 2

Disclosure of information on the supervisory review process

Article 3

Disclosure of information on aggregate statistical data

Supervisory authorities providing information required under point (c) of Article 31(2) of Directive 2009/138/EC, Article 316 of Commission Delegated Regulation (EU) 2015/35 (3), and Annex XXI to that Delegated Regulation, shall disclose that information using the template set out in Annex I in accordance with the instructions laid down in Annex II.

Article 4

Disclosure of information on the exercise of options under Directive 2009/138/EC

Supervisory authorities providing information required under point (d) of Article 31(2) of Directive 2009/138/EC shall disclose that information using the template set out in Annex III.

Article 5

Disclosure of information on supervisory objectives, functions and activities

Supervisory authorities shall present the information disclosed under point (e) of Article 31(2) of Directive 2009/138/EC under the following headings:

(a) supervisory objectives;

(b) main supervisory functions;

(c) main areas of ongoing or planned supervisory activity.

Article 6

Structure of disclosure on the website of the supervisory authority

When making the information specified in Article 31(2) of Directive 2009/138/EC available online, supervisory authorities shall ensure that such information is presented under the following headings:

(a) ‘Laws, regulations, administrative rules and general guidance’ with regard to the requirement under point (a) of Article 31(2) of Directive 2009/138/EC;

(b) ‘The supervisory review process’ with regard to the requirement under point (b) of Article 31(2) of Directive 2009/138/EC;

(c) ‘Aggregate statistical data’ with regard to the requirement under point (c) of Article 31(2) of Directive 2009/138/EC;

(d) ‘The exercise of options under Directive 2009/138/EC’ with regard to the requirement under point (d) of Article 31(2) of Directive 2009/138/EC;

(e) ‘Supervisory objectives, main functions and activities’ with regard to the requirement under point (e) of Article 31(2) of Directive 2009/138/EC.

Article 7

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 December 2015.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 335, 17.12.2009, p.1.

(2) Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).

(3) Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).