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

ANNEX I

TEMPLATES FOR THE DISCLOSURE OF AGGREGATE STATISTICAL DATA

The disclosure of aggregate statistical data referred to in Article 3 shall be performed using Templates A, B, C and D below.

TEMPLATE A FOR THE DISCLOSURE OF AGGREGATE STATISTICAL DATA WITH REGARD TO INSURANCE AND REINSURANCE UNDERTAKINGS SUPERVISED UNDER DIRECTIVE 2009/138/EC

TEMPLATE B FOR THE DISCLOSURE OF AGGREGATE STATISTICAL DATA WITH REGARD TO INSURANCE GROUPS SUPERVISED UNDER DIRECTIVE 2009/138/EC

TEMPLATE C FOR THE DISCLOSURE OF QUANTITATIVE AGGREGATE STATISTICAL DATA ON THE SUPERVISORY AUTHORITY

TEMPLATE D FOR THE DISCLOSURE OF QUALITATIVE AGGREGATE STATISTICAL DATA ON THE SUPERVISORY AUTHORITY

Information shall be disclosed under the headings below. The disclosure shall include data of the four previous years under each heading.

B1a– The structure of the supervisory authority

B8a– The criteria used for the application of capital add-ons

B8b– The criteria used for the calculation of capital add-ons

B8c– The criteria used for the removal of capital add-ons

B16b– The main features of the approved items of ancillary own funds

B17b– The main features of the approved items of own-fund items, which are not covered by the relevant lists of the Articles 69, 72, 74, 76 and 78 of Delegated Regulation (EU) 2015/35

B17c– The method used to assess and classify the approved items of own-fund items, which are not covered by the relevant lists of the Articles 69, 72, 74, 76 and 78 of Delegated Regulation (EU) 2015/35

B18b– The scope of peer review analyses organised and conducted by EIOPA in accordance with Article 30 of Regulation (EU) No 1094/2010, in which the supervisory authority participated

ANNEX II

INSTRUCTIONS FOR THE DISCLOSURE OF AGGREGATE STATISTICAL DATA

The disclosure of aggregate statistical data as referred to in Article 3 shall be performed in accordance with the instructions and item definitions laid down in this Annex.

Number of previous years of disclosure

In accordance with Article 316(2) of Delegated Regulation (EU) 2015/35 data shall be disclosed concerning the four previous calendar years. Prior to 2020, where data will be available for less than four years, data shall be disclosed concerning all available previous years. Each time a disclosure is made, the calendar years for which the disclosures relate to shall be updated. Within Templates A to C the ‘x’ in the first row of the table represents the current year at the time at which the disclosure is made.

Disclosure deadlines and financial year end

The timing of the financial year end of insurance and reinsurance undertakings may affect the year in which data is disclosed by supervisory authorities. The last paragraph of Part A of Annex XXI to Delegated Regulation (EU) 2015/35 provides that the disclosure of data concerning supervised undertakings and groups relates to the financial year which ended in the calendar year prior to the year of disclosure. Where insurance or reinsurance undertakings have a financial year end after 31 December, the aggregation and disclosure of this data by supervisory authorities takes place in the year after the one in which the financial year ended. For the first year of disclosure taking place in 2017 and relating to the calendar year ending in 2016, in those Member States where insurance or reinsurance undertakings have a financial year end after 31 December, the data concerning supervised undertakings and groups disclosed in 2017 would not include data from all insurance and reinsurance undertaking subject to Directive 2009/138/EC. However, all subsequent disclosures shall include data from all insurance and reinsurance undertakings.

Cell numbering

The cell numbers correspond to the order and numbering of Annex XXI of Delegated Regulation (EU) 2015/35, covering first information required under part A of Annex XXI concerning insurance and reinsurance undertakings (cells AS), followed by information required under part A of Annex XXI concerning insurance groups (cells AG), and finally information required under part B of Annex XXI concerning supervisory authorities (cells B).

Item definitions

The item definitions clarify the specific data to be disclosed or the source of the data. All references to cell numbers refer to other cells within the Templates in this Regulation. All code references of templates or template items in the item definitions refer to the templates or template items with identical code references, as laid down in Commission Implementing Regulation (EU) 2015/2450 ⁵. Where an item definition is not provided, the data to be disclosed is considered to be clear.

Specific instructions concerning Template A

In accordance with Part A of Annex XXI to Delegated Regulation (EU) 2015/35, data concerning supervised insurance and reinsurance undertakings shall be provided separately for (1) all insurance undertakings, (2) life insurance undertakings, (3) non-life insurance undertaking, (4) insurance undertaking which simultaneously pursue both life and non-life insurance activities, and (5) reinsurance undertakings, unless the cell is marked as not applicable (N/A).

The column in Template A covering information on ‘all insurance and reinsurance undertaking’ is highlighted in light green to indicate that these cells represent the sum of the information provided in the white cells on the different categories of undertakings described in the paragraph above, where such information is provided separately.

Specific instructions concerning Templates C and D

Templates C and D concern the disclosure of data on the supervisory authority based on Part B of Annex XXI to Delegated Regulation (EU) 2015/35 with Template C covering quantitative data and Template D covering qualitative data. Within Template D, information covering previous years shall be provided under each individual heading, such as ‘The structure of the supervisory authority’. Where the information is unchanged during more than one calendar year, the supervisory authority shall indicate the number of calendar years for which the information applies. In other respects, Member States may decide on the specific format and structure that is appropriate based on the nature and length of the information to be provided under each of the headings within Template D.

I. ITEM DEFINITIONS FOR THE DISCLOSURE OF AGGREGATE STATISTICAL DATA WITH REGARD TO INSURANCE AND REINSURANCE UNDERTAKINGS SUPERVISED UNDER DIRECTIVE 2009/138/EC

II.   ITEM DEFINITIONS FOR THE DISCLOSURE OF AGGREGATE STATISTICAL DATA WITH REGARD TO GROUPS SUPERVISED UNDER DIRECTIVE 2009/138/EC