LegalizeCommission 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)
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
| ITEM | CELL NUMBER | DEFINITION |
|---|---|---|
| The number of insurance groups of which the supervisory authority is the group supervisor including: | AG24 | The number of insurance groups of which the supervisory authority is the group supervisor, including insurance groups at national level |
| The number of insurance and reinsurance subsidiary undertakings at national level | AG24a | The number of rows reported in template S.32.01.04, where ‘Country’ is the country of the supervisory authority. |
| The number of insurance and reinsurance subsidiary undertakings in other Member States | AG24b | The number of rows reported in template S.32.01.04 where ‘Country’ is the Member States other than country of the supervisory authority. |
| The number of insurance and reinsurance subsidiary undertakings in third countries: | AG24c | The number of rows reported in template S.32.01.04 where ‘Country’ is a third country. |
| Of which the number of insurance and reinsurance subsidiary undertakings in equivalent third countries | AG24ca | The number of rows reported in template S.32.01.04 where ‘Country’ is an equivalent third country |
| Of which the number of insurance and reinsurance subsidiary undertakings in non-equivalent third countries | AG24cb | The number of rows reported in template S.32.01.04 where ‘Country’ is a non-equivalent third country |
| The number of insurance groups of which the supervisory authority is the group supervisor, where the ultimate parent insurance or reinsurance undertaking or insurance holding company which has its head office in the Union is a subsidiary undertaking of a company which has its head office outside of the Union | AG25 | |
| The number of ultimate parent insurance or reinsurance undertakings or insurance holding companies or mixed financial holding companies subject to group supervision at national level by the supervisory authority in accordance with Article 216 of Directive 2009/138/EC, including: | AG26 | Cells AG26a to AG26db should be filled in for each such undertaking and holding company separately. |
| Name of such undertaking or holding company | AG26a | |
| The number of its insurance and reinsurance subsidiary undertakings at national level | AG26b | |
| The number of its insurance and reinsurance subsidiary undertakings in other Member States | AG26c | |
| The number of its insurance and reinsurance subsidiary undertakings in third countries | AG26d | |
| Of which, the number of its insurance and reinsurance subsidiary undertakings in equivalent third countries | AG26da | This includes third countries which are partially or provisionally equivalent. |
| Of which, the number of its insurance and reinsurance subsidiary undertakings in non-equivalent third countries | AG26db | |
| The number of ultimate parent insurance or reinsurance undertakings or insurance holding companies subject to group supervision at national level by the supervisory authority in accordance with Article 216 of Directive 2009/138/EC, where another related ultimate parent undertaking at national level is present as referred to in Article 217 of Directive 2009/138/EC | AG27 | |
| The number of cross-border insurance groups where the supervisory authority is the group supervisor | AG28 | The number of insurance groups of which the supervisory authority is the group supervisor, excluding insurance groups at national level |
| The number of insurance groups that have been allowed to use method 2 or a combination of methods 1 and 2 in accordance with Article 220(2) of Directive 2009/138/EC for the calculation of the solvency at the level of the group | AG29 | Number of insurance groups that answered method 2 or the combination of methods in item C0010/R0130 of template S.01.02.04. |
| The total amount of the group eligible own funds for the insurance groups of which the supervisory authority is the group supervisor | AG30 | This is the sum of cells AG30a, AG30b and AG30c. |
| The total amount of the group eligible own funds calculated in accordance with method 1 as referred to in Article 230(1) of Directive 2009/138/EC for the insurance groups of which the supervisory authority is the group supervisor | AG30a | Item C0010/R0660 of template S.23.01.04 for insurance groups which calculate eligible own funds in accordance with method 1 as referred to in Article 230(1) of Directive 2009/138/EC |
| The total amount of the group eligible own funds calculated in accordance with method 2 as referred to in Article 233 of Directive 2009/138/EC for the insurance groups of which the supervisory authority is the group supervisor | AG30b | Item C0010/R0660 of template S.23.01.04 for insurance groups which calculate eligible own funds in accordance with method 2 as referred to in Article 233(2) of Directive 2009/138/EC |
| The total amount of the group eligible own funds calculated in accordance with the combination of method 1 and method 2 as referred to in Article 220 of Directive 2009/138/EC for the insurance groups of which the supervisory authority is the group supervisor | AG30c | Item C0010/R0660 of template S.23.01.04 for insurance groups which calculate eligible own funds in accordance with the combination of method 1 and method 2 as referred to in Article 220(2) of Directive 2009/138/EC |
| The total amount of the group Solvency Capital Requirement for the insurance groups of which the supervisory authority is the group supervisor | AG31 | This is the sum of cells AG31a, AG31b and AG31c |
| The total amount of the group Solvency Capital Requirement calculated in accordance with method 1 as referred to in Article 230(1) of Directive 2009/138/EC for the insurance groups of which the supervisory authority is the group supervisor for the group Solvency Capital Requirement | AG31a | Item C0010/R0680 of template S.23.01.04 for insurance groups which calculate the Solvency Capital Requirement in accordance with method 1 as referred to in Article 230(1) of Directive 2009/138/EC |
| The total amount of the group Solvency Capital Requirement calculated in accordance with method 2 as referred to in Article 233 of Directive 2009/138/EC for the insurance groups of which the supervisory authority is the group supervisor for the group Solvency Capital Requirement | AG31b | Item C0010/R0680 of template S.23.01.04 for insurance groups which calculate the Solvency Capital Requirement in accordance with method 2 as referred to in Article 233 of Directive 2009/138/EC |
| The total amount of the group Solvency Capital Requirement calculated in accordance with a combination of methods 1 and 2 for the insurance groups of which the supervisory authority is the group supervisor for the group Solvency Capital Requirement | AG31c | Item C0010/R0680 of template S.23.01.04 for insurance groups which calculate the Solvency Capital Requirement in accordance with a combination of method 1 and 2 |
| The number of insurance groups of which the supervisory authority is the group supervisor using an approved full internal model for the calculation of the group Solvency Capital Requirements | AG32a | |
| Of which, approvals in accordance with Article 230 of Directive 2009/138/EC | AG32aa | The number of insurance groups of which the supervisory authority is the group supervisor using an approved full internal model for the calculation only of the group Solvency Capital Requirements |
| Of which, approvals in accordance with Article 231 of Directive 2009/138/EC | AG32ab | The number of insurance groups of which the supervisory authority is the group supervisor using a full internal model approved by supervisory authority for the calculation of the consolidated group Solvency Capital Requirement, as well as the Solvency Capital Requirement of insurance and reinsurance undertakings in the group |
| The number of insurance groups of which the supervisory authority is the group supervisor using an approved partial internal model for the calculation of the group Solvency Capital Requirement | AG32b | |
| Of which, approvals in accordance with Article 230 of Directive 2009/138/EC | AG32ba | The number of insurance groups of which the supervisory authority is the group supervisor using an approved partial internal model for the calculation only of the group Solvency Capital Requirements |
| Of which, approvals in accordance with Article 231 of Directive 2009/138/EC | AG32bb | The number of insurance groups of which the supervisory authority is the group supervisor using a partial internal model approved by supervisory authority for the calculation of the consolidated group Solvency Capital Requirement, as well as the Solvency Capital Requirement of insurance and reinsurance undertakings in the group |
III. ITEM DEFINITIONS FOR THE DISCLOSURE OF AGGREGATE STATISTICAL DATA ON SUPERVISORY AUTHORITIES
| ITEM | CELL NUMBER | DEFINITION |
|---|---|---|
| The structure of the supervisory authority | B1a | An organisational schema or chart displaying at least the main divisions, departments or units within the supervisory authority. |
| The number of staff at the end of the calendar year | B1b | The number of staff as full time equivalent working directly in the field of prudential insurance supervision as well as ancillary staff supporting those working directly in prudential insurance supervision (e.g. Information Technology) in the supervisory authority at the end of the calendar year. The number of staff is calculated on a best effort basis. |
| The total number of on-site inspections undertaken both at solo and group level | B2a | On-site inspection refers to an organised assessment or formal evaluation exercise, within the field of prudential insurance regulation, performed at the location of the supervised undertaking, or the service providers to whom the supervised undertaking has outsourced functions, which leads to the issuing of a document communicated to the undertaking. As examples, the following procedures are not regarded as on-site inspections, even though they may form part of the detailed review of an undertaking by the supervisory authority: a) Supervisory visits or meetings at the supervisory authority's premises or at the undertaking's premises, not resulting in a document communicated to the undertaking; b) Exploratory meetings or presentations from insurance and reinsurance undertakings to supervisory authority; c) Supervisory visits to understand more about certain specific issues, which can be considered fact-finding exercises. |
| Of which, the number of regular inspections | B2aa | A regular inspection is a scheduled on-site inspection arising from the supervisory plan. |
| Of which, the number of ad-hoc inspections | B2ab | An ad-hoc inspection is an on-site inspection that does not necessarily result from risk assessment framework process or has not been initially defined in the supervisory plan. However typically the need for ad-hoc inspections arises when the supervisory plan has to be adjusted to reflect the supervisory authorities' constraints or other new priorities. It could be triggered, for instance, when the supervisory authority becomes aware of a situation that calls for further investigations to be conducted on-site. |
| Of which, the number of on-site inspections mandated to third parties | B2ac | |
| Of which, the number of on-site inspections under group supervision which were undertaken jointly with other members of the group's College of supervisors | B2ad | |
| Of which, the total number of inspections conducted in order to review and evaluate the reliance of undertakings on external ratings | B2ae | |
| The total number of man-days spent on on-site inspections both at solo and group level | B2b | |
| The number of formal reviews of ongoing compliance of full or partial internal models with the requirements both at solo and group level | B3 | |
| Of which, the number of reviews conducted in order to review and evaluate the reliance of undertakings on external ratings | B3a | |
| The number of partial and of full internal models submitted for approval at solo level | B4a | |
| Of which, the number of partial and of full internal models which scope includes credit risk in both market risk and counterparty default risk submitted for approval at solo level | B4aa | |
| The number of successful applications for approval of partial and of full internal models at solo level | B4b | |
| Of which, the number of partial and of full internal models which scope includes credit risk in both market risk and counterparty default risk at solo level | B4ba | |
| The number of partial and of full internal models submitted for approval at group level | B4c | |
| Of which, the number of partial and of full internal models which scope includes credit risk in both market risk and counterparty default risk submitted for approval at group level | B4ca | |
| The number of successful application for approval of partial and of full internal models at group level | B4d | |
| Of which, the number of partial and of full internal models which scope includes credit risk in both market risk and counterparty default risk at group level | B4da | |
| The number of corrective measures taken, as defined by Articles 110 of Directive 2009/138/EC | B5a | The number of cases when the supervisory authority required the undertaking to replace a subset of the parameters used in the standard formula calculation by parameters specific to that undertaking when calculating the life, non-life and health underwriting risk modules because of a significant deviation between undertaking's risk profile and assumptions underlying standard formula. |
| The number of corrective measures taken, as defined by Articles 117 of Directive 2009/138/EC | B5b | The number of cases when the supervisory authority required the undertaking to revert to calculate the Solvency Capital Requirement in accordance with the standard formula, because of non-compliance with internal models standards. |
| The number of corrective measures taken, as defined by Articles 119 of Directive 2009/138/EC | B5c | The number of cases when the supervisory authority required the undertaking to use an internal model to calculate the Solvency Capital Requirement, or the relevant risk modules, because of a significant deviation between undertaking's risk profile and assumptions underlying standard formula. |
| Of which, the number of corrective measures which were triggered by a deviation of the risk profile of the insurance or reinsurance undertakings with respect to their credit risk | B5ca | The number of cases when the supervisory authority required the undertaking to use an internal model to calculate the Solvency Capital Requirement, or the relevant risk modules because the risk profile of insurance or reinsurance undertaking deviated significantly with respect to its credit risk. |
| The number of corrective measures taken, as defined by Articles 137 of Directive 2009/138/EC | B5d | The number of cases when the supervisory authority prohibited the free disposal of an undertaking's assets when the undertaking did not comply with rules relating to technical provisions. |
| The number of corrective measures taken, as defined by Articles 138 of Directive 2009/138/EC | B5e | The number of cases when the supervisory authority restricted or prohibited the free disposal of the assets of that undertaking when the undertaking did not comply with Solvency Capital Requirement |
| The number of corrective measures taken, as defined by Articles 139 of Directive 2009/138/EC | B5f | The number of cases when the supervisory authority restricted or prohibited the free disposal of the assets of the insurance or reinsurance undertaking when the undertaking did not comply with Minimum Capital Requirement |
| The number of authorisations withdrawn | B6 | Withdrawn means a complete withdrawal of authorisation for an undertaking to conduct business and would not include for instance withdrawal of an authorisation only for a particular class of business or reinsurance activity where that insurance or reinsurance undertaking continues to be authorised for other classes or activities. |
| The number of authorisations granted to insurance or reinsurance undertakings | B7 | The number of new authorisations in that calendar year. New authorisations means authorisations for new insurance or reinsurance undertaking and would not include for instance extensions of authorisations (i.e. to other classes of business) for insurance and reinsurance undertakings that are already authorised. |
| The criteria used for the application of capital add-ons | B8a | |
| The criteria used for the calculation of capital add-ons | B8b | |
| The criteria used for the removal of capital add-ons | B8c | |
| The number of applications submitted to the supervisory authorities to use the matching adjustment referred to in Article 77b Directive 2009/138/EC. | B9 | |
| Of which, the number of successful applications to use the matching adjustment referred to in Article 77b Directive 2009/138/EC | B9a | |
| The number of applications submitted to the supervisory authorities to use the volatility adjustment referred to in Article 77d of Directive 2009/138/EC | B10 | This is only applicable where the Member State has chosen to require prior approval for use of the volatility adjustment. |
| Of which, the number of successful applications to use the volatility adjustment referred to in Article 77d of Directive 2009/138/EC | B10a | This is only applicable where the Member State has chosen to require prior approval for use of the volatility adjustment. |
| The number of extensions granted in accordance with Article 138(4) of Directive 2009/138/EC | B11a | The number of extensions granted of the period to ensure compliance with the Solvency Capital Requirement in the event of an exceptional adverse situations. |
| The average duration of extensions granted in accordance with Article 138(4) of Directive 2009/138/EC | B11b | The sum of all the durations of the extensions granted in accordance with Article 138(4) of Directive 2009/138/EC divided by cell B11a. |
| The number of authorisations granted in accordance with Article 304 of Directive 2009/138/EC | B12 | The number of authorisations granted to use the duration based equity risk sub-module for the Solvency Capital Requirement calculation. |
| The number of applications submitted to the supervisory authority to use the transitional risk-free interest rate term structure referred to in Article 308c Directive 2009/138/EC | B13 | |
| Of which, the number of successful applications to use the transitional risk-free interest rate term structure referred to in Article 308c Directive 2009/138/EC | B13a | |
| The number of decisions to revoke the approval of this transitional measure pursuant to Article 308e of Directive 2009/138/EC. | B13b | |
| The number of applications submitted to the supervisory authority to use the transitional deduction to technical provisions referred to in Article 308d Directive 2009/138/EC | B14 | |
| Of which, the number of successful applications to use the transitional deduction to technical provisions referred to in Article 308d Directive 2009/138/EC | B14a | |
| The number of meetings of Colleges of supervisors which the supervisory authority attended as a member | B15a | The number of meetings organised in accordance with articles 248(1)(e) and 249(2) of Directive 2009/138/EC which the supervisory authority attended as a member, but not as the group supervisor. This includes physical meetings and meetings held through other means, such as teleconferences. It also includes meetings comprising a reduced number of supervisory authorities in accordance with the third sub-paragraph of Article 248(3) of Directive 2009/138/EC, such as meetings of specialised teams, but does not include bilateral discussions between two supervisory authorities belonging to the college of supervisors. This item also does not include meetings of crisis management groups, since their establishment is not based on Directive 2009/138/EC. |
| The number of meetings of Colleges of supervisors which the supervisory authority chaired as group supervisor | B15b | The number of meetings organised in accordance with articles 248(1)(e) and 249(2) of Directive 2009/138/EC of Colleges of supervisors which the supervisory authority chaired as group supervisor. This includes physical meetings and meetings held through other means, such as teleconferences. It also includes meetings comprising a reduced number of supervisory authorities in accordance with the third sub-paragraph of Article 248(3) of Directive 2009/138/EC, such as meetings of specialised teams, but does not include bilateral discussions between two supervisory authorities belonging to the college of supervisors. This item also does not include meetings of crisis management groups, since their establishment is not based on Directive 2009/138/EC. |
| The number of applications submitted to the supervisory authorities for the approval of ancillary own funds | B16a | |
| Of which, the number of successful applications for approval of ancillary own funds | B16aa | |
| The main features of the approved items of ancillary own funds | B16b | |
| The number of applications submitted to the supervisory authorities for approval of the assessment and classification of own-fund items, which are not covered by the lists laid down in Articles 69, 72, 74, 76 and 78 of Delegated Regulation (EU) 2015/35 | B17a | |
| Of which, the number of successful applications for the approval of the assessment and classification of own-fund items, which are not covered by the lists laid down in Articles 69, 72, 74, 76 and 78 of Delegated Regulation (EU) 2015/35 | B17aa | |
| The main features of the approved own-fund items, which are not covered by the lists laid down in Articles 69, 72, 74, 76 and 78 of the Delegated Regulation (EU) 2015/35 | B17b | |
| The method used to assess and classify the approved own-fund items, which are not covered by the relevant lists laid down in Articles 69, 72, 74, 76 and 78 of the Delegated Regulation (EU) 2015/35 | B17c | |
| The number 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 | B18a | |
| 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 | B18b |
5
Commission Implementing Regulation (EU) 2015/2450 of 2 December 2015 laying down implementing technical standards with regard to the templates for the submission of information to the supervisory authorities in accordance with Directive 2009/138/EC of the European Parliament and of the Council (see page 1 of this Official Journal).
ANNEX III
TEMPLATE FOR THE DISCLOSURE OF INFORMATION REGARDING THE EXERCISE OF OPTIONS
The disclosure of information referred to in Article 4 shall be performed by completing the following template. All references are to Directive 2009/138/EC unless otherwise stated.
TEMPLATE FOR THE DISCLOSURE OF INFORMATION REGARDING THE EXERCISE OF OPTIONS UNDER POINT (D) OF ARTICLE 31(2) OF DIRECTIVE 2009/138/EC
| Article of Directive 2009/138/EC | Title of Article | Description of the option | Use of option YES / NO | National legal instrument used L/R/A6 | Reference to Article in national law | Text or link to text of national law | Text or link to text of national law where available in another language |
|---|---|---|---|---|---|---|---|
| Article 13(27) | Definitions | Regarding the definition of large risks option to add to the category of risks classified under classes of non-life insurance 3, 8, 9, 10, 13 and 16 in Part A of Annex I, the risks insured by professional associations, joint ventures or temporary groupings | |||||
| Article 15(2), sub-paragraph 3 | Scope of authorisation | Option to grant authorisation for two or more classes of direct insurance | |||||
| Article 15(3), sub-paragraph 1 | Scope of authorisation | Option to grant authorisation for non-life insurance for groups of classes listed in Part B of Annex I | |||||
| Article 17(2) | Legal form of insurance or reinsurance undertaking | Option to set up undertakings of a form governed by public law provided that such bodies have insurance or reinsurance operations as their object, under conditions equivalent to those under which undertakings governed by private law operate | |||||
| Article 21(1), sub-paragraph 2 | Policy conditions and scales of premiums | Option to require in life insurance systematic notification of the technical bases used for calculating scales of premiums and technical provisions for the purpose of verifying compliance with actuarial principles | |||||
| Article 21(3) | Policy conditions and scales of premiums | Option to subject undertakings seeking or having obtained authorisation for assistance activity to checks on their resources in staff and equipment | |||||
| Article 21(4) | Policy conditions and scales of premiums | Option to require approval of the memorandum and articles of association or any other documents necessary for normal supervision | |||||
| Article 51(2), sub-paragraph 3 | Report on solvency and financial condition: contents | Option allowing to exempt during a transitional period, (re) insurance undertakings from the requirement concerning the separate disclosure of the capital add-on or the impact of the use of undertaking-specific parameters where their use is required by the supervisory authority. | |||||
| Article 57(1) | Acquisitions | Where Member States apply a threshold of one third for the notification to supervisory authorities of acquisitions in accordance with Directive 2004/109/EC, option to continue to apply that threshold, instead of a threshold of 30 %. | |||||
| Article 57(2) | Acquisitions | Where Member States apply a threshold of one third for the notification to supervisory authorities of disposals in accordance with Directive 2004/109/EC, option to continue to apply that threshold, instead of a threshold of 30 %. | |||||
| Article 73(2) | Pursuit of life and non-life insurance activity | Option to allow the following: (i) life insurance undertakings to obtain authorisation for non-life insurance activity for accident and sickness risks; (ii) non-life undertakings authorised solely for writing accident and sickness risks to obtain authorisation to pursue life insurance activity. | |||||
| First sentence of paragraph 3 of Article 73 | Pursuit of life and non-life insurance activity | Option allowing to provide for compliance of the undertakings referred to in Article 73(2) with accounting rules governing life insurance undertakings for all of their activities | |||||
| Second sentence of paragraph 3 of Article 73 | Pursuit of life and non-life insurance activity | Option allowing within a winding-up procedure to apply the rules for life insurance activities to accident and sickness activities pursued by the undertakings under Article 73(2) | |||||
| Article 73(5), sub-paragraph 2 | Pursuit of life and non-life insurance activity | Option allowing to require putting an end to the simultaneous pursuit of life and non-life activities within a certain period | |||||
| Article 77d(1) | Volatility adjustment to the relevant risk-free interest rate term structure | Option allowing to require prior approval by the supervisory authority to apply the volatility adjustment to the risk-free interest rate term structure to calculate the best estimate referred to in Article 77(2) | |||||
| Article 148(2) | Notification by the home Member State | Option to require non-life insurance undertakings covering motor vehicle liability risks under the freedom to provide services to submit certain information | |||||
| Article 150(3) | Compulsory insurance on third party motor vehicle liability | Option for the host Member State to require insurance undertakings providing services to comply with rules concerning covering aggravated risks provided that they apply to non-life insurance undertakings | |||||
| Article 152(4) | Representative | Option allowing to approve a claims representative appointed according to Article 4 of Directive 2000/26/EC as a representative under Article 152(1) | |||||
| Article 163(3) | Scheme of operations of the branch | Option allowing to require from insurance undertakings to submit systematic notification of the technical basis used for calculating premiums and technical provisions in regard to life insurance | |||||
| Article 169(2) | Separation of non-life and life business | Option allowing composite branches to pursue life and non-life insurance activities provided that each of the activities is separately managed | |||||
| Article 169(3), sub-paragraph 2 | Separation of non-life and life business | Option regarding branches which on the dates referred to in the first sub paragraph of Article 73(5) pursed solely life insurance activity within the Member State, but which head office situated outside of the community simultaneously pursues life and non-life activities and subsequently wishes to pursue non-life insurance activity in that Member State. | |||||
| Article 179(4), sub-paragraph 2 | Related obligations | Option allowing to require the issue of a declaration that an insurance contract complies with specific provisions relating to compulsory non-life insurance | |||||
| Article 181(1), sub-paragraph 2 | Non-life insurance | Option to require non-systematic notification of policy conditions and other documents to verify compliance with national provisions concerning insurance contracts | |||||
| Article 181(2), sub-paragraph 1 | Non-life insurance | Option allowing to require communication of the general and specific conditions of compulsory insurance to the supervisory authority before circulating them | |||||
| Article 182, sub-paragraph 2 | Life insurance | Option allowing to require systematic communication of the technical bases used for calculating scales of premiums and technical provisions to verify compliance with actuarial principles | |||||
| Article 184(2), sub-paragraph 2 | Additional information in the case of non-life insurance offered under the right of establishment or the freedom to provide services | Option to require for the name and address of the representative of a non-life insurance undertaking to appear in an insurance contract or other document granting cover | |||||
| Article 185(7) | Information for policy holders | Option allowing to require the provision of additional information to ensure that policyholders understand the essential elements of the life insurance commitment | |||||
| Article 186(2) | Cancellation period | Option allowing to not apply a cancellation period for policy holders in specific cases | |||||
| Article 189 | Participation in national guarantee schemes | Option allowing to require compulsory participation of non-life insurance undertakings in host Member State guarantee schemes | |||||
| Article 197, sub-paragraph 1 | Activities similar to tourist assistance | Option allowing to provide for assistance to persons in difficulties in circumstances other than those laid down in Article 2(2) | |||||
| Article 198(2)(c) | Scope of this section | Option allowing to not apply the requirements for legal expenses insurance to the activity of legal expenses insurance undertaken by an assistance insurer under specific circumstances | |||||
| Article 199 | Separate contracts | Option allowing to request an explicit specification of the amount of the premium for legal expenses within the relevant contract | |||||
| Article 200(1), sub-paragraph 1 | Management of claims | Option allowing to choose between three methods for the management of claims | |||||
| Article 200(3), sub-paragraph 2 | Management of claims | Option allowing to extend the prohibition on simultaneous pursuit of the same or similar activity in a linked insurance undertaking to members of the administrative, management or supervisory body of the legal expenses insurance undertaking | |||||
| Article 202(1) | Exception to the free choice of lawyer | Option allowing the exemption from the free choice of lawyer rule in legal expenses insurance subject to certain conditions | |||||
| Article 206(1) | Health insurance as an alternative to social security | Option allowing to require: (a) compliance of health insurance contracts with specific legal provisions to protect the general good in the class of sickness insurance; and (b) communication to the supervisory authorities of the general and specific conditions of sickness insurance | |||||
| Article 206(2), sub-paragraph 1 | Health insurance as an alternative to social security | Option allowing to require the operation of an alternative health insurance system on a technical basis similar to that of life insurance subject to specific conditions | |||||
| Article 207 | Compulsory insurance against accidents at work | Option allowing to require compliance of undertakings offering compulsory insurance against accidents at work with specific provisions of national law of the host Member State | |||||
| Article 216(1), sub-paragraph 1 | Ultimate parent undertaking at national level | Option allowing for supervisory discretion to apply group supervision to an ultimate parent undertaking at national level | |||||
| Article 225, sub-paragraph 2 | Related insurance and reinsurance undertakings | Option allowing to require taking into account the Solvency Capital Requirements and the eligible own funds in respect of related undertakings with a head office in another Member State, as laid down in that Member State, for the purposes of the group solvency calculation | |||||
| Article 227(1), sub-paragraph 2 | Related third-country insurance and reinsurance undertakings | Option allowing to require taking into account the Solvency Capital Requirements and the eligible own funds in respect of related undertakings with a head office in an equivalent solvency regime third country, as laid down in that third country | |||||
| Article 275(1) | Treatment of insurance claims | Option to choose between two methods or a combination thereof to ensure that insurance claims take precedence over other claims against an insurance undertaking | |||||
| Article 275(2) | Treatment of insurance claims | Option to provide for the precedence of expenses arising from winding-up procedures over insurance claims wholly or in part | |||||
| Article 276(2), sub-paragraph 2 | Special register | Option to require a single register to be kept by insurance undertakings covering life and accident and sickness risks | |||||
| Article 277 | Subrogation to a guarantee scheme | Option to provide for the non-application of Article 275(1) to claims by insurance creditors where they have been subrogated to a national guarantee scheme | |||||
| Article 279(2), sub-paragraph 2 | Withdrawal of the authorisation | Option to provide that the pursuit of some activities during winding-up proceedings are subject to the consent and the supervision of the supervisory authority of the home Member State | |||||
| Article 304(1) | Duration-based equity risk sub-module | Option to authorise life insurance undertakings to apply a duration-based equity risk sub-module under certain conditions | |||||
| Article 305(1) | Derogations and abolition of restrictive measures | Option allowing for the granting of exemptions of non-life undertakings with certain maximum premium income which did not meet solvency requirements on 31 January 1975 from the requirement to establish a minimum guarantee fund | |||||
| Article 308b(15) | Transitional measures | Option allowing to continue to apply the laws, regulations and administrative provisions that have been adopted with a view to complying with Articles 1 to 19, 27 to 30, 32 to 35 and 37 to 67 of Directive 2002/83/EC until 31 December 2019 | |||||
| Article 308b(16) | Transitional measures | Option allowing the ultimate parent insurance or reinsurance undertaking, during a period until 31 March 2022, to apply for the approval of an internal group model applicable to a part of a group |
6
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