Regulatory Alerts2016-06-27
Instruction No. 2016-I-19 of 27 June 2016 on reporting modalities for states S.16.01, S.19.01, S.20.01, S.21.01, S.29.03 and S.29.04 of Implementing Regulation (EU) No 2015/2450
The Prudential Control and Resolution Authority issued Instruction No. 2016-I-19 to establish specific reporting rules for Solvency II insurance and reinsurance undertakings regarding states S.16.01, S.19.01, S.20.01, S.21.01, S.29.03, and S.29.04. The instruction mandates that direct insurance and proportional reinsurance entities report on an occurrence basis, with specific exceptions for maritime and credit lines which must use an underwriting basis, while non-proportional reinsurance also uses an occurrence basis. Conversely, pure reinsurance undertakings are required to report all engagements on an underwriting basis, and these rules apply immediately upon publication.
PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY
Instruction No. 2016-I-19 on the reporting modalities for information concerning states S.16.01, S.19.01, S.20.01, S.21.01, S.29.03 and S.29.04 of Implementing Regulation (EU) No 2015/2450 to be communicated by insurance and reinsurance undertakings subject to the so-called "Solvency II" regime
The Prudential Control and Resolution Authority: Having regard to Delegated Regulation (EU) No 2015/35 of the Commission 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); Having regard to Implementing Regulation (EU) No 2015/2450 of the Commission of 2 December 2015 laying down implementing technical standards with regard to templates for the communication of information to supervisory authorities under Directive 2009/138/EC of the European Parliament and of the Council; Having regard to the Monetary and Financial Code, in particular Article L. 612-24; Having regard to the Insurance Code; Having regard to the Mutuality Code; Having regard to the Social Security Code; Having regard to the opinion of the Prudential Affairs Consultative Committee dated 6 June 2016. Decides:
Article 1 The following are hereinafter referred to as "subject undertakings": insurance and reinsurance undertakings subject to the so-called "Solvency II" regime mentioned in Articles L. 310-3-1 of the Insurance Code, L. 211-10 of the Mutuality Code and L. 931-6 of the Social Security Code.
Article 2 The subject undertakings mentioned in Article 1 must, when communicating the information contained in states S.16.01 ("Information on annuities arising from non-life insurance commitments"), S.19.01 ("Non-life claims"), S.20.01 ("Evolution of the distribution of the claims burden"), S.21.01 ("Risk profile of the claims distribution"), S.29.03
2 ("Excess of assets over liabilities - Explained by technical provisions") and S.29.04 ("Detailed analysis by period - Technical flows versus technical provisions"), submit the information taking into account the following rules:
I. Insurance undertakings mentioned in Articles L. 321-1 of the Insurance Code, L. 211-8 of the Mutuality Code and L. 931-4 of the Social Security Code shall submit information relating to commitments contracted in the form of direct insurance and proportional reinsurance acceptance on the basis of the occurrence year for all lines of activity mentioned in Annex I of Delegated Regulation (EU) No 2015/35 of the Commission of 10 October 2014, with the exception of the lines of activity "Maritime, aviation and transport insurance" (Line of activity 6) and "Credit and suretyship insurance" (Line of activity 9), for which undertakings submit information on the basis of the underwriting year.
II. Insurance undertakings mentioned in Articles L. 321-1 of the Insurance Code, L. 211-8 of the Mutuality Code and L. 931-4 of the Social Security Code shall submit information relating to commitments contracted in the form of non-proportional reinsurance acceptance on the basis of the occurrence year for all lines of activity mentioned in Annex I of Delegated Regulation (EU) No 2015/35 of the Commission of 10 October 2014.
III. Reinsurance undertakings mentioned in Articles L. 321-1-1 of the Insurance Code, L. 211-8-1 of the Mutuality Code and L. 931-4-1 of the Social Security Code shall submit information relating to commitments contracted on the basis of the underwriting year for all lines of activity mentioned in Annex I of Delegated Regulation (EU) No 2015/35 of the Commission of 10 October 2014.
Article 3 This Instruction shall apply from the date of its publication. Done in Paris, 27 June 2016 For the Insurance Sectoral Sub-Collegium The President, [Bernard DELAS]