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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)

OJ L 347, 31.12.2015, pp. 1224–1284 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/reg_impl/2015/2451/oj

Official Journal

Language 1

Language 2

Language 3

31.12.2015

Official Journal of the European Union

L 347/1224

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

Supervisory authorities shall present the information to be disclosed under point (b) of Article 31(2) of Directive 2009/138/EC following the order of the tasks laid down in points (a) to (f) of Article 36(2) of Directive 2009/138/EC.
As part of that disclosure supervisory authorities shall provide a general overview of the manner in which they conducted the review and evaluation provided for in Article 36 of Directive 2009/138/EC.

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 ).

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

Cell Number

Item

31.12.(x-4)

31.12.(x-3)

31.12.(x-2)

31.12.(x-1)

All insurance and reinsurance undertakings

Life insurance undertakings

Non-life insurance undertakings

Insurance undertakings which simultaneously pursue both life and non-life insurance activities

Reinsurance undertakings

All insurance and reinsurance undertakings

Life insurance undertakings

Non-life insurance undertakings

Insurance undertakings which simultaneously pursue both life and non-life insurance activities

Reinsurance undertakings

All insurance and reinsurance undertakings

Life insurance undertakings

Non-life insurance undertakings

Insurance undertakings which simultaneously pursue both life and non-life insurance activities

Reinsurance undertakings

All insurance and reinsurance undertakings

Life insurance undertakings

Non-life insurance undertakings

Insurance undertakings which simultaneously pursue both life and non-life insurance activities

Reinsurance undertakings

TYPES OF UNDERTAKINGS

AS1a

The number of insurance and reinsurance undertakings

AS1b

The number of branches as referred to in Article 13(11) of Directive 2009/138/EC established in the Member State of the supervisory authority

AS1c

The number of branches as referred to in Article 162(3) of Directive 2009/138/EC established in the Member State of the supervisory authority

AS2

The number of Union branches of insurance and reinsurance undertakings established in the Member State of the supervisory authority carrying out relevant business in one or more other Member States

AS3

The number of insurance undertakings established in the Member State of the supervisory authority pursuing business in other Member States under the freedom to provide services

N/A

AS4a

The number of insurance undertakings established in other Member States which have notified their intention to pursue business in the Member State of the supervisory authority under the freedom to provide services

N/A

AS4b

The number of insurance undertakings established in other Member States which actually pursue business in the Member State of the supervisory authority under the freedom to provide services

N/A

AS5

The number of insurance and reinsurance undertakings falling outside the scope of Directive 2009/138/EC

AS6

The number of special purpose vehicles authorised in accordance with Article 211 of Directive 2009/138/EC from insurance and reinsurance undertakings

N/A

AS7

The number of insurance and reinsurance undertakings subject to reorganisation measures or winding-up proceedings

USE OF ADJUSTMENTS OR TRANSITIONAL MEASURES BY UNDERTAKINGS

AS8

The number of insurance and reinsurance undertakings and the number of their portfolios where the matching adjustment referred to in Article 77b of Directive 2009/138/EC is applied

AS9

The number of insurance and reinsurance undertakings applying the volatility adjustment referred to in Article 77d of Directive 2009/138/EC

AS10

The number of insurance and reinsurance undertakings applying the transitional risk-free interest rate term structure referred to in Article 308c Directive 2009/138/EC

AS11

The number of insurance and reinsurance undertakings applying the transitional deduction to technical provisions referred to in Article 308d Directive 2009/138/EC

AMOUNTS OF ASSETS, LIABILITIES AND OWN FUNDS

AS12

The total amount of assets of the insurance and reinsurance undertakings valued in accordance with Article 75 of Directive 2009/138/EC

AS12a

Intangible assets

AS12b

Deferred tax assets

AS12c

Pension benefit surplus

AS12d

Property, plant & equipment held for own use

AS12e

Investments (other than assets held for unit-linked and index-linked contracts)

AS12f

Assets held for unit-linked & index-linked contracts

AS12g

Loans & mortgages (except loans on policies)

AS12h

Loans on policies

AS12i

Reinsurance recoverables

AS12j

Deposits to cedants

AS12k

Insurance & intermediaries receivables

AS12l

Reinsurance receivables

AS12m

Receivables (trade, not insurance)

AS12n

Own shares

AS12o

Amounts due in respect of own fund items or initial fund called up but not yet paid in

AS12p

Cash and cash equivalents

AS12q

Any other assets, not elsewhere shown

AS13

The total amount of liabilities of the insurance and reinsurance undertakings valued in accordance with Articles 75 to 86 of Directive 2009/138/EC

AS13a

Technical provisions

AS13b

Other liabilities, excluding subordinated liabilities which are not included in the own funds

AS13c

Subordinated liabilities which are not included in the own funds

AS14a

The total amount of basic own funds

AS14aa

Of which, subordinated liabilities

AS14b

The total amount of ancillary own funds

AS15

The total eligible amount of own funds to cover the Solvency Capital Requirement

AS15a

Tier 1 unrestricted

AS15b

Tier 1 restricted

AS15c

Tier 2

AS15d

Tier 3

AS16

The total eligible amount of basic own funds to cover the Minimum Capital Requirement

AS16a

Tier 1 unrestricted

AS16b

Tier 1 restricted

AS16c

Tier 2

REGULATORY CAPITAL REQUIREMENTS — STANDARD FORMULA

AS17

The total amount of the Minimum Capital Requirement

AS18

The total amount of the Solvency Capital Requirement

N/A

AS19

Total amount of the Solvency Capital Requirement calculated using the standard formula by risk module and sub-module — at the level of aggregation available — expressed as percentage of the total amount of the Solvency Capital Requirement ( 1 )

N/A

AS19a

Market risk

N/A

AS19aa

Interest rate risk

N/A

AS19ab

Equity risk

N/A

AS19ac

Property risk

N/A

AS19ad

Spread risk

N/A

AS19ae

Market risk concentrations

N/A

AS19af

Currency risk

N/A

AS19b

Counterparty default risk

N/A

AS19c

Life underwriting risk

N/A

AS19ca

Mortality risk

N/A

AS19cb

Longevity risk

N/A

AS19cc

Disability-morbidity risk

N/A

AS19cd

Lapse risk

N/A

AS19ce

Life expense risk

N/A

AS19cf

Revision risk

N/A

AS19cg

Life catastrophe risk

N/A

AS19d

Health underwriting risk

N/A

AS19da

SLT health underwriting risk

N/A

AS19db

NSLT health underwriting risk

N/A

AS19dc

Health catastrophe risk

N/A

AS19e

Non-life underwriting risk

N/A

AS19ea

Non-life premium and reserve risk

N/A

AS19eb

Non-life lapse risk

N/A

AS19ec

Non-life catastrophe risk

N/A

AS19f

Intangible asset risk

N/A

AS19g

Operational risk

N/A

AS20

Total amount of the Solvency Capital Requirement for spread risk and market concentration sub-modules and counterparty default risk module for which a reassessment of the credit quality steps of the larger or more complex exposures has been conducted in accordance with Article 4(5) of Delegated Regulation (EU) 2015/35 — at the level of aggregation available — expressed as percentage of the total amount of the respective sub-modules or module (where the Solvency Capital Requirement for credit risk is calculated using the standard formula) ( 1 )

N/A

AS20a

Spread risk

N/A

AS20b

Market risk concentration

N/A

AS20c

Counterparty default risk

N/A

REGULATORY CAPITAL REQUIREMENTS — INTERNAL MODELS

AS21

Total amount of the Solvency Capital Requirement calculated using an approved partial internal model — at the level of aggregation available — expressed as percentage of the total amount of the Solvency Capital Requirement

N/A

AS21a

Total amount of the Solvency Capital Requirement calculated using an approved partial internal model which scope includes credit risk in both market and counterparty default risk — at the level of aggregation available — expressed as percentage of the total amount of the Solvency Capital Requirement calculated using partial internal model

N/A

AS22a

The number of insurance and reinsurance undertakings using an approved full internal model for the calculation of the Solvency Capital Requirement

N/A

AS22b

The number of insurance and reinsurance undertakings using an approved partial internal model for the calculation of the Solvency Capital Requirement

N/A

AS22c

The number of insurance and reinsurance undertakings using an approved internal model which scope includes credit risk in both market risk and counterparty default risk

N/A

REGULATORY CAPITAL REQUIREMENTS — CAPITAL ADD-ONS

AS23a

The number of capital add-ons

N/A

AS23b

The average capital add-on per undertaking

N/A

AS23c

The distribution of capital add-ons measured as a percentage of the Solvency Capital Requirement with regard to all insurance and reinsurance undertakings supervised under Directive 2009/138/EC

N/A

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

Cell Number

Item

31.12.(x-4)

31.12.(x-3)

31.12.(x-2)

31.12.(x-1)

TYPES OF GROUPS

AG24

The number of insurance groups of which the supervisory authority is the group supervisor including:

AG24a

The number of insurance and reinsurance subsidiary undertakings at national level

AG24b

The number of insurance and reinsurance subsidiary undertakings in other Member States

AG24c

The number of insurance and reinsurance subsidiary undertakings in third countries:

AG24ca

Of which the number of insurance and reinsurance subsidiary undertakings in equivalent third countries

AG24cb

Of which the number of insurance and reinsurance subsidiary undertakings in non-equivalent third countries

AG25

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

AG26

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:

AG26a

Name of such undertaking or holding company

AG26b

The number of its insurance and reinsurance subsidiary undertakings at national level

AG26c

The number of its insurance and reinsurance subsidiary undertakings in other Member States

AG26d

The number of its insurance and reinsurance subsidiary undertakings in third countries

AG26da

Of which, the number of its insurance and reinsurance subsidiary undertakings in equivalent third countries

AG26db

Of which, the number of its insurance and reinsurance subsidiary undertakings in non-equivalent third countries

AG27

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

AG28

The number of cross-border insurance groups where the supervisory authority is the group supervisor

ACCOUNTING METHOD AND GROUP OWN FUNDS

AG29

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

AG30

The total amount of the group eligible own funds for the insurance groups of which the supervisory authority is the group supervisor

AG30a

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

AG30b

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

AG30c

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

GROUP SOLVENCY CAPITAL REQUIREMENT

AG31

The total amount of the group Solvency Capital Requirement for the insurance groups of which the supervisory authority is the group supervisor

AG31a

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

AG31b

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

AG31c

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

GROUP INTERNAL MODELS

AG32a

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

AG32aa

Of which, approvals in accordance with Article 230 of Directive 2009/138/EC

AG32ab

Of which, approvals in accordance with Article 231 of Directive 2009/138/EC

AG32b

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

AG32ba

Of which, approvals in accordance with Article 230 of Directive 2009/138/EC

AG32bb

Of which, approvals in accordance with Article 231 of Directive 2009/138/EC

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

Cell Number

Item

31.12.(x-4)

31.12.(x-3)

31.12.(x-2)

31.12.(x-1)

STAFF OF THE SUPERVISORY AUTHORITY

B1b

The number of staff at the end of the calendar year

ON-SITE INSPECTIONS

B2a

The total number of on-site inspections undertaken both at solo and group level

B2aa

Of which, the number of regular inspections

B2ab

Of which, the number of ad-hoc inspections

B2ac

Of which, the number of on-site inspections mandated to third parties

B2ad

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

B2ae

Of which, the total number of inspections conducted in order to review and evaluate the reliance of undertakings on external ratings

B2b

The total number of man-days spent on on-site inspections both at solo and group level

The number of formal reviews of ongoing compliance of full or partial internal models with the requirements both at solo and group level

B3a

Of which, the number of reviews conducted in order to review and evaluate the reliance of undertakings on external ratings

INTERNAL MODELS

B4a

The number of partial and of full internal models submitted for approval at solo level

B4aa

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

B4b

The number of successful applications for approval of partial and of full internal models at solo level

B4ba

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

B4c

The number of partial and of full internal models submitted for approval at group level

B4ca

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

B4d

The number of successful application for approval of partial and of full internal models at group level

B4da

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

SUPERVISORY MEASURES AND POWERS

B5a

The number of corrective measures taken, as defined by Articles 110 of Directive 2009/138/EC

B5b

The number of corrective measures taken, as defined by Articles 117 of Directive 2009/138/EC

B5c

The number of corrective measures taken, as defined by Articles 119 of Directive 2009/138/EC

B5ca

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

B5d

The number of corrective measures taken, as defined by Articles 137 of Directive 2009/138/EC

B5e

The number of corrective measures taken, as defined by Articles 138 of Directive 2009/138/EC

B5f

The number of corrective measures taken, as defined by Articles 139 of Directive 2009/138/EC

The number of authorisations withdrawn

The number of authorisations granted to insurance or reinsurance undertakings

The number of applications submitted to the supervisory authorities to use the matching adjustment referred to in Article 77b Directive 2009/138/EC.

B9a

Of which, the number of successful applications to use the matching adjustment referred to in Article 77b Directive 2009/138/EC

B10

The number of applications submitted to the supervisory authorities to use the volatility adjustment referred to in Article 77d of Directive 2009/138/EC

B10a

Of which, the number of successful applications to use the volatility adjustment referred to in Article 77d of Directive 2009/138/EC

B11a

The number of extensions granted in accordance with Article 138(4) of Directive 2009/138/EC

B11b

The average duration of extensions granted in accordance with Article 138(4) of Directive 2009/138/EC

B12

The number of authorisations granted in accordance with Article 304 of Directive 2009/138/EC

B13

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

B13a

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

B13b

The number of decisions to revoke the approval of this transitional measure pursuant to Article 308e of Directive 2009/138/EC.

B14

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

B14a

Of which, the number of successful applications to use the transitional deduction to technical provisions referred to in Article 308d Directive 2009/138/EC

COLLEGES OF SUPERVISORS

B15a

The number of meetings of Colleges of supervisors which the supervisory authority attended as a member

B15b

The number of meetings of Colleges of supervisors which the supervisory authority chaired as group supervisor

OWN FUND APPROVALS

B16a

The number of applications submitted to the supervisory authorities for the approval of ancillary own funds

B16aa

Of which, the number of successful applications for approval of ancillary own funds

B17

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

PEER REVIEWS

B18a

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

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

( 1 ) Data on the Solvency Capital Requirement by risk module and sub-module does not include information on undertakings with ring-fenced funds or matching portfolios, since data on the Solvency Capital Requirement is only available at entity level for these undertakings due to the nature of the calculation.

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 ( 1 ) . 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

ITEM

CELL NUMBER

DEFINITION

The number of insurance and reinsurance undertakings

AS1a

The number of direct life or non-life insurance or reinsurance undertakings, which have received authorisation in accordance with Article 14 of Directive 2009/138/EC and fall within the scope of Directive 2009/138/EC.

The number of branches as referred to in Article 13(11) of Directive 2009/138/EC established in the Member State of the supervisory authority

AS1b

The number of branches of insurance or reinsurance undertakings, with head offices situated in another Member State.

The number of branches as referred to in Article 162(3) of Directive 2009/138/EC established in the Member State of the supervisory authority

AS1c

The number of branches belonging to insurance or reinsurance undertakings with head offices situated outside the EEA.

The number of Union branches of insurance and reinsurance undertakings established in the Member State of the supervisory authority carrying out relevant business in one or more other Member States

AS2

The number of insurance undertakings established in the Member State of the supervisory authority pursuing business in other Member States under the freedom to provide services

AS3

Information of the supervisory authority in the home Member State on insurance undertakings that actually pursue business under the freedom to provide services in other Member States based on template S.04.01.01.

AS4a

Information of the supervisory authority in the host Member State on insurance undertakings notified as intending to pursue business in its Member State under the freedom to provide services.

The number of insurance undertakings established in other Member States which actually pursue business in the Member State of the supervisory authority under the freedom to provide services

AS4b

Information of the supervisory authority in the host Member State on insurance undertakings that actually carry out business in its Member State under the freedom to provide services. This number is based on the information exchange between supervisory authorities of the home and host Member State.

The number of insurance and reinsurance undertakings falling outside the scope of Directive 2009/138/EC

AS5

The number of insurance and reinsurance undertakings falling outside the scope of Directive 2009/138/EC in accordance with Articles 4 to 12 of Directive 2009/138/EC.

The number of special purpose vehicles authorised in accordance with Article 211 of Directive 2009/138/EC from insurance and reinsurance undertakings

AS6

The number of insurance and reinsurance undertakings subject to reorganisation measures or winding-up proceedings

AS7

The number of insurance and reinsurance undertakings, including third country branches, subject to reorganisation measures or winding-up proceedings. Reorganisation measures are the measures under Title IV, Chapter II of Directive 2009/138/EC. Winding-up proceedings are the procedures under Title IV, Chapter III of Directive 2009/138/EC.

The number of insurance and reinsurance undertakings and the number of their portfolios where the matching adjustment referred to in Article 77b of Directive 2009/138/EC is applied

AS8

The number of insurance and reinsurance undertakings applying the volatility adjustment referred to in Article 77d of Directive 2009/138/EC

AS9

The number of insurance and reinsurance undertakings applying the transitional risk-free interest rate term structure referred to in Article 308c Directive 2009/138/EC

AS10

The number of insurance and reinsurance undertakings applying the transitional deduction to technical provisions referred to in Article 308d Directive 2009/138/EC

AS11

The total amount of assets of the insurance and reinsurance undertakings valued in accordance with Article 75 of Directive 2009/138/EC

AS12

Item C0010/R0500 of template S.02.01.01

Intangible assets

AS12a

Item C0010/R0030 of template S.02.01.01

Deferred tax assets

AS12b

Item C0010/R0040 of template S.02.01.01

Pension benefit surplus

AS12c

Item C0010/R0050 of template S.02.01.01

Property, plant & equipment held for own use

AS12d

Item C0010/R0060 of template S.02.01.01

Investments (other than assets held for unit-linked and index-linked contracts)

AS12e

Item C0010/R0070 of template S.02.01.01

Assets held for unit-linked & index-linked contracts

AS12f

Item C0010/R0220 of template S.02.01.01

Loans & mortgages (except loans on policies)

AS12g

The sum of Items C0010/R0250 and C0010/R0260 of template S.02.01.01

Loans on policies

AS12h

Item C0010/R0240 of template S.02.01.01

Reinsurance recoverables

AS12i

Item C0010/R0270 of template S.02.01.01

Deposits to cedants

AS12j

Item C0010/R0350 of template S.02.01.01

Insurance & intermediaries receivables

AS12k

Item C0010/R0360 of template S.02.01.01

Reinsurance receivables

AS12l

Item C0010/R0370 of template S.02.01.01

Receivables (trade, not insurance)

AS12m

Item C0010/R0380 of template S.02.01.01

Own shares

AS12n

Item C0010/R0390 of template S.02.01.01

Amounts due in respect of own fund items or initial fund called up but not yet paid in

AS12o

Item C0010/R0400 of template S.02.01.01

Cash and cash equivalents

AS12p

Item C0010/R0410 of template S.02.01.01

Any other assets, not elsewhere shown

AS12q

Item C0010/R0420 of template S.02.01.01

The total amount of liabilities of the insurance and reinsurance undertakings valued in accordance with Articles 75 to 86 of Directive 2009/138/EC

AS13

Item C0010/R0900 of template S.02.01.01

Technical provisions

AS13a

The sum of items C0010/R0520, C0010/R0560, C0010/R0610, C0010/R0650 and C0010/R0690 of template S.02.01.01

Other liabilities, excluding subordinated liabilities which are not included in the own funds

AS13b

The sum of items C0010/R0740 to C0010/R0840, C0010/R0870 and C0010/R0880 of template S.02.01.1

Subordinated liabilities which are not included in the own funds

AS13c

Item C0010/R0860 of template S.02.01.01

The total amount of basic own funds

AS14a

Item C0010/R0290 of template S.23.01.01

Of which, subordinated liabilities

AS14aa

Item C0010/R0140 of template S.23.01.01

The total amount of ancillary own funds

AS14b

Item C0010/R0400 of template S.23.01.01

The total eligible amount of own funds to cover the Solvency Capital Requirement

AS15

Item C0010/R0540 of template S.23.01.01

Tier 1 unrestricted

AS15a

Item C0020/R0540 of template S.23.01.01

Tier 1 restricted

AS15b

Item C0030/R0540 of template S.23.01.01

Tier 2

AS15c

Item C0040/R0540 of template S.23.01.01

Tier 3

AS15d

Item C0050/R0540 of template S.23.01.01

The total eligible amount of basic own funds to cover the Minimum Capital Requirement

AS16

Item C0010/R0550 of template S.23.01.01

Tier 1 unrestricted

AS16a

Item C0020/R0550 of template S.23.01.01

Tier 1 restricted

AS16b

Item C0030/R0550 of template S.23.01.01

Tier 2

AS16c

Item C0040/R0550 of template S.23.01.01

The total amount of the Minimum Capital Requirement

AS17

Item C0070/R0400 of template S.28.01.01 or S.28.02.01

The total amount of the Solvency Capital Requirement

AS18

Item C0100/R0220 of template S.25.01.01, S.25.02.01 or S.25.03.01

AS19

This cell should include the amount of the Solvency Capital Requirement calculated using the standard formula. This is item C0100/R0220 of template S.25.01.01.01 divided by cell AS18 (expressed as a percentage).

Cells AS19a — AS19f should include the amounts of the Solvency Capital Requirement by risk module and sub-module at the level of aggregation available.

For undertakings with ring-fenced funds or matching portfolios, data on the Solvency Capital Requirement is only available at entity level and not by risk module and sub-module due to the nature of the calculation. Thus, where ring-fenced funds and matching portfolios exist within the Member State, the data by risk module and sub-module in Cells AS19a- AS19f should only include those undertakings without ring-fenced funds or matching portfolios.

Market risk

AS19a

Item C0030/R0010 of template S.25.01.01 divided by cell AS18 (expressed as percentage)

Interest rate risk

AS19aa

Item C0060/R0100 of template S.26.01.01 divided by cell AS18 (expressed as percentage)

Equity risk

AS19ab

Item C0060/R0200 of template S.26.01.01 divided by cell AS18 (expressed as percentage)

Property risk

AS19ac

Item C0060/R0300 of template S.26.01.01 divided by cell AS18 (expressed as percentage)

Spread risk

AS19ad

Item C0060/R0400 of template S.26.01.01 divided by cell AS18 (expressed as percentage)

Market risk concentrations

AS19ae

Item C0060/R0500 of template S.26.01.01 divided by cell AS18 (expressed as percentage)

Currency risk

AS19af

Item C0060/R0600 of template S.26.01.01 divided by cell AS18 (expressed as percentage)

Counterparty default risk

AS19b

Item C0030/R0020 of template S.25.01.01 divided by cell AS18 (expressed as percentage)

Life underwriting risk

AS19c

Item C0030/R0030 of template S.25.01.01 divided by cell AS18 (expressed as percentage)

Mortality risk

AS19ca

Item C0060/R0100 of template S.26.03.01 divided by cell AS18 (expressed as percentage)

Longevity risk

AS19cb

Item C0060/R0200 of template S.26.03.01 divided by cell AS18 (expressed as percentage)

Disability-morbidity risk

AS19cc

Item C0060/R0300 of template S.26.03.01 divided by cell AS18 (expressed as percentage)

Lapse risk

AS19cd

Item C0060/R0400 of template S.26.03.01 divided by cell AS18 (expressed as percentage)

Life expense risk

AS19ce

Item C0060/R0500 of template S.26.03.01 divided by cell AS18 (expressed as percentage)

Revision risk

AS19cf

Item C0060/R0600 of template S.26.03.01 divided by cell AS18 (expressed as percentage)

Life catastrophe risk

AS19cg

Item C0060/R0700 of template S.26.03.01 divided by cell AS18 (expressed as percentage)

Health underwriting risk

AS19d

Item C0030/R0040 of template S.25.01.01 divided by cell AS18 (expressed as percentage)

SLT health underwriting risk

AS19da

Item C0060/R0800 of template S.26.04.01 divided by cell AS18 (expressed as percentage)

NSLT health underwriting risk

AS19db

Item C0230/R1400 of template S.26.04.01 divided by cell AS18 (expressed as percentage)

Health catastrophe risk

AS19dc

Item C0250/R1540 of template S.26.04.01 divided by cell AS18 (expressed as percentage)

Non-life underwriting risk

AS19e

Item C0030/R0050 of template S.25.01.01 divided by cell AS18 (expressed as percentage)

Non-life premium and reserve risk

AS19ea

Item C0100/R0300 of template S.26.05.01 divided by cell AS18 (expressed as percentage)

Non-life lapse risk

AS19eb

Item C0150/R0400 of template S.26.05.01 divided by cell AS18 (expressed as percentage)

Non-life catastrophe risk

AS19ec

Item C0160/R0500 of template S.26.05.01 divided by cell AS18 (expressed as percentage)

Intangible asset risk

AS19f

Item C0030/R0070 of template S.25.01.01 divided by cell AS18 (expressed as percentage)

Operational risk

AS19g

Item C0100/R0130 of template S.25.01.01 divided by cell AS18 (expressed as percentage)

AS20

For those insurance and reinsurance undertakings using the standard formula, the total amount of the three risk modules and sub-modules for those insurance and reinsurance undertakings that did at least one reassessment, divided by the total amount for the three risk modules and sub-modules for all insurance and reinsurance undertakings.

For undertakings with ring-fenced funds or matching portfolios, data on the Solvency Capital Requirement is only available at entity level and not by risk module and sub-module, due to the nature of the calculation. Thus, where ring-fenced funds and matching portfolios exist within the Member State the data by risk module and sub-module in cells AS20 and AS20a-c should only include those undertaking without ring-fenced funds or matching portfolios.

Since data on the reassessment of the credit quality steps is not reported by insurance and reinsurance undertaking in the quantitative templates, supervisory authorities should clarify in Template A of this regulation the scope of the information provided in cells AS20 and AS20a-c including the level of aggregation available.

Spread risk

AS20a

For those insurance and reinsurance undertakings using the standard formula, the total amount of the spread risk of those insurance and reinsurance undertakings that did at least one reassessment, divided by the total amount of the spread risk sub-module for all insurance and reinsurance undertakings.

Market risk concentration

AS20b

For those insurance and reinsurance undertakings using the standard formula, the total amount of the market risk concentration for those insurance and reinsurance undertakings that did at least one reassessment, divided by the total amount of the market concentration risk sub-module for all insurance and reinsurance undertakings.

Counterparty default risk

AS20c

For those insurance and reinsurance undertakings using the standard formula, the total amount of the counterparty default risk for those insurance and reinsurance undertakings that did at least one reassessment, divided by the total amount of the market concentration risk sub-module for all insurance and reinsurance undertakings.

Total amount of the Solvency Capital Requirement calculated using an approved partial internal model by risk module and sub-module — at the level of aggregation available — expressed as percentage of the total amount of the Solvency Capital Requirement

AS21

Item C0100/R0220 of template S.25.02.01 divided by cell AS18 (expressed as percentage)

Of which, the total amount of the Solvency Capital Requirement calculated using an approved partial internal model which scope includes credit risk in both market and counterparty default risk, by risk module and sub-module — at the level of the aggregation available — expressed as percentage of the total amount of the Solvency Capital Requirement calculated using partial internal model

AS21a

Item C0100/R0220 of template S.25.02.01 for insurance and reinsurance undertakings, which are using an approved partial internal model which scope includes credit risk in both market risk and counterparty default risk, divided by cell AS21 (expressed as percentage).

The number of insurance and reinsurance undertakings using an approved full internal model for the calculation of the Solvency Capital Requirement

AS22a

The number of insurance and reinsurance undertakings using an approved partial internal model for the calculation of the Solvency Capital Requirement

AS22b

The number of insurance and reinsurance undertakings using an approved internal model which scope includes credit risk in both market risk and counterparty default risk

AS22c

The number of capital add-ons

AS23a

The average capital add-on per undertaking

AS23b

The total of item C0100/R0210 in templates S.25.01.01, S.25.02.01 and S.25.03.01 for all insurance and reinsurance undertakings that report the item, divided by cell AS23a.

The distribution of capital add-ons measured as a percentage of the Solvency Capital Requirement with regard to all insurance and reinsurance undertakings supervised under Directive 2009/138/EC

AS23c

The total of item C0100/R0210 in templates S.25.01.01, S.25.02.01 and S.25.03.01 for all insurance and reinsurance undertakings that report the item divided by cell AS18.

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

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

AG25

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

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

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.

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

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

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

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

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

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:

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;

Exploratory meetings or presentations from insurance and reinsurance undertakings to supervisory authority;

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

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

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

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.

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

B17a

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

( 1 ) 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/A ( 1 )

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

( 1 ) Text of law (L), regulation (R), administrative rule (A).

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