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Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Published date: 17 December 2009

Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

Comparing proposed amendment...
Recitals
Title I General Rules on the Taking-Up and Pursuit of Direct Insurance and Reinsurance Activities (arts. 1-177)
Chapter I Subject matter, scope and definitions (arts. 1-13)
Section 1 Subject matter and scope (arts. 1-2)
Applicable
Article 1 Subject matter
Applicable
Article 2 Scope
Section 2 Exclusions from scope (arts. 3-12)
Subsection 1 General (arts. 3-4)
Applicable
Article 3 Statutory systems
Entered into force
Article 4 Exclusion from scope due to size
Subsection 2 Non-life (arts. 5-8)
Applicable
Article 5 Operations
Applicable
Article 6 Assistance
Applicable
Article 7 Mutual undertakings
Applicable
Article 8 Institutions
Subsection 3 Life (arts. 9-10)
Applicable
Article 9 Operations and activities
Entered into force
Article 10 Organisations, undertakings and institutions
Subsection 4 Reinsurance (arts. 11-12)
Applicable
Article 11 Reinsurance
Applicable
Article 12 Reinsurance undertakings closing their activity
Section 3 Definitions (art. 13)
Amended
Article 13 Definitions
Chapter II Taking-up of business (arts. 14-26)
Entered into force
Article 14 Principle of authorisation
Applicable
Article 15 Scope of authorisation
Applicable
Article 16 Ancillary risks
Applicable
Article 17 Legal form of the insurance or reinsurance undertaking
Entered into force
Article 18 Conditions for authorisation
Applicable
Article 19 Close links
Applicable
Article 20 Head office of insurance undertakings and reinsurance undertakings
Applicable
Article 21 Policy conditions and scales of premiums
Applicable
Article 22 Economic requirements of the market
Entered into force
Article 23 Scheme of operations
Applicable
Article 24 Shareholders and members with qualifying holdings
Applicable
Article 25 Refusal of authorisation
Inserted
Article 25a Notification and publication of authorisations or withdrawals of authorisation
Entered into force
Article 26 Prior consultation of the authorities of other Member States
Chapter III Supervisory authorities and general rules (arts. 27-39)
Entered into force
Article 27 Main objective of supervision
Entered into force
Article 28 Financial stability and pro-cyclicality
Amended
Article 29 General principles of supervision
Draft
Draft Article 29a Criteria for identifying small and non-complex undertakings
Draft
Draft Article 29b Process of classification for undertakings complying with the criteria
Draft
Draft Article 29c Use of proportionality measures by undertakings classified as small and non-complex undertakings
Draft
Draft Article 29d Use of proportionality measures by undertakings not classified as small and non-complex undertakings
Draft
Draft Article 29e Monitoring of the use of proportionality measures
Entered into force
Article 30 Supervisory authorities and scope of supervision
Amended
Article 31 Transparency and accountability
Entered into force
Article 32 Prohibition of refusal of reinsurance contracts or retrocession contracts
Applicable
Article 33 Supervision of branches established in another Member State
Entered into force
Article 34 General supervisory powers
Amended
Article 35 Information to be provided for supervisory purposes
Draft
Draft Article 35a Exemptions and limitations to quantitative regular supervisory reporting granted by supervisory authorities
Draft
Draft Article 35b Reporting deadlines
Entered into force
Article 36 Supervisory review process
Amended
Article 37 Capital add-on
Amended
Article 38 Supervision of outsourced functions and activities
Entered into force
Article 39 Transfer of portfolio
Chapter IV Conditions governing business (arts. 40-72)
Section 1 Responsibility of the administrative, management or supervisory body (art. 40)
Entered into force
Article 40 Responsibility of the administrative, management or supervisory body
Section 2 System of governance (arts. 41-50)
Amended
Article 41 General governance requirements
Entered into force
Article 42 Fit and proper requirements for persons who effectively run the undertaking or have other key functions
Entered into force
Article 43 Proof of good repute
Amended
Article 44 Risk management
Amended
Article 45 Own risk and solvency assessment
Draft
Draft Article 45a Climate change scenario analysis
Entered into force
Article 46 Internal control
Entered into force
Article 47 Internal audit
Entered into force
Article 48 Actuarial function
Entered into force
Article 49 Outsourcing
Amended
Article 50 Delegated acts and regulatory technical standards
Section 3 Public disclosure (arts. 51-56)
Amended
Article 51 Report on solvency and financial condition: contents
Draft
Draft Article 51a Solvency and financial condition report: audit requirements
Amended
Article 52 Information for and reports by the European Insurance and Occupational Pensions Authority
Entered into force
Article 53 Report on solvency and financial condition: applicable principles
Entered into force
Article 54 Report on solvency and financial condition: updates and additional voluntary information
Entered into force
Article 55 Report on solvency and financial condition: policy and approval
Applicable
Article 56 Solvency and financial condition report: delegated acts and implementing technical standards
Section 4 Qualifying holdings (arts. 57-63)
Applicable
Article 57 Acquisitions
Applicable
Article 58 Assessment period
Applicable
Article 59 Assessment
Applicable
Article 60 Acquisitions by regulated financial undertakings
Applicable
Article 61 Information to the supervisory authority by the insurance or reinsurance undertaking
Applicable
Article 62 Qualifying holdings, powers of the supervisory authority
Applicable
Article 63 Voting rights
Section 5 Professional secrecy, exchange of information and promotion of supervisory convergence (arts. 64-71)
Applicable
Article 64 Professional secrecy
Applicable
Article 65 Exchange of information between supervisory authorities of Member States
Inserted
Article 65a Cooperation with EIOPA
Applicable
Article 66 Cooperation agreements with third countries
Entered into force
Article 67 Use of confidential information
Inserted
Article 67a European Parliament powers of investigation
Amended
Article 68 Exchange of information with other authorities
Applicable
Article 69 Disclosure of information to government administrations responsible for financial legislation
Applicable
Article 70 Transmission of information to central banks, monetary authorities, payment systems overseers and the European Systemic Risk Board
Amended
Article 71 Supervisory convergence
Section 6 Duties of auditors (art. 72)
Entered into force
Article 72 Duties of auditors
Chapter V Pursuit of life and non-life insurance activity (arts. 73-74)
Applicable
Article 73 Pursuit of life and non-life insurance activity
Entered into force
Article 74 Separation of life and non-life insurance management
Chapter VI Rules relating to the valuation of assets and liabilities, technical provisions, own funds, Solvency Capital Requirement, Minimum Capital Requirement and investment rules (arts. 75-135)
Section 1 Valuation of assets and liabilities (art. 75)
Amended
Article 75 Valuation of assets and liabilities
Section 2 Rules relating to technical provisions (arts. 76-86)
Entered into force
Article 76 General provisions
Entered into force
Article 77 Calculation of technical provisions
Inserted
Article 77a Extrapolation of the relevant risk-free interest rate term structure
Inserted
Article 77b Matching adjustment to the relevant risk-free interest rate term structure
Inserted
Article 77c Calculation of the matching adjustment
Amended
Article 77d Volatility adjustment to the relevant risk-free interest rate term structure
Inserted
Article 77e Technical information produced by the European Insurance and Occupational Pensions Authority
Inserted
Article 77f Review of long-term guarantees measures and measures on equity risk
Entered into force
Article 78 Other elements to be taken into account in the calculation of technical provisions
Entered into force
Article 79 Valuation of financial guarantees and contractual options included in insurance and reinsurance contracts
Entered into force
Article 80 Segmentation
Entered into force
Article 81 Recoverables from reinsurance contracts and special purpose vehicles
Entered into force
Article 82 Data quality and application of approximations, including case-by-case approaches, for technical provisions
Entered into force
Article 83 Comparison against experience
Entered into force
Article 84 Appropriateness of the level of technical provisions
Entered into force
Article 85 Increase of technical provisions
Amended
Article 86 Delegated acts and regulatory and implementing technical standards
Section 3 Own funds (arts. 87-99)
Subsection 1 Determination of own funds (arts. 87-92)
Entered into force
Article 87 Own funds
Entered into force
Article 88 Basic own funds
Entered into force
Article 89 Ancillary own funds
Entered into force
Article 90 Supervisory approval of ancillary own funds
Entered into force
Article 91 Surplus funds
Amended
Article 92 Delegated acts and regulatory and implementing technical standards
Subsection 2 Classification of own funds (arts. 93-97)
Entered into force
Article 93 Characteristics and features used to classify own funds into tiers
Entered into force
Article 94 Main criteria for the classification into tiers
Entered into force
Article 95 Classification of own funds into tiers
Entered into force
Article 96 Classification of specific insurance own-fund items
Amended
Article 97 Delegated acts and regulatory technical standards
Subsection 3 Eligibility of own funds (arts. 98-99)
Entered into force
Article 98 Eligibility and limits applicable to Tiers 1, 2 and 3
Amended
Article 99 Delegated acts on the eligibility of own funds
Section 4 Solvency capital requirement (arts. 100-127)
Subsection 1 General provisions for the solvency capital requirement using the standard formula or an internal model (arts. 100-102)
Entered into force
Article 100 General provisions
Entered into force
Article 101 Calculation of the Solvency Capital Requirement
Entered into force
Article 102 Frequency of calculation
Subsection 2 Solvency capital requirement standard formula (arts. 103-111)
Entered into force
Article 103 Structure of the standard formula
Entered into force
Article 104 Design of the Basic Solvency Capital Requirement
Entered into force
Article 105 Calculation of the Basic Solvency Capital Requirement
Draft
Draft Article 105a Long-term equity investments
Entered into force
Article 106 Calculation of the equity risk sub-module: symmetric adjustment mechanism
Entered into force
Article 107 Capital requirement for operational risk
Entered into force
Article 108 Adjustment for the loss-absorbing capacity of technical provisions and deferred taxes
Entered into force
Article 109 Simplifications in the standard formula
Inserted
Article 109a Harmonised technical inputs to standard formula
Entered into force
Article 110 Significant deviations from the assumptions underlying the standard formula calculation
Amended
Article 111 Delegated acts and regulatory and implementing technical standards concerning Articles 103 to 109
Subsection 3 Solvency capital requirement full and partial internal models (arts. 112-127)
Amended
Article 112 General provisions for the approval of full and partial internal models
Entered into force
Article 113 Specific provisions for the approval of partial internal models
Amended
Article 114 Delegated acts and implementing technical standards concerning the Solvency Capital Requirement internal models
Entered into force
Article 115 Policy for changing the full and partial internal models
Entered into force
Article 116 Responsibilities of the administrative, management or supervisory bodies
Entered into force
Article 117 Reversion to the standard formula
Entered into force
Article 118 Non-compliance of the internal model
Entered into force
Article 119 Significant deviations from the assumptions underlying the standard formula calculation
Entered into force
Article 120 Use test
Entered into force
Article 121 Statistical quality standards
Entered into force
Article 122 Calibration standards
Entered into force
Article 123 Profit and loss attribution
Entered into force
Article 124 Validation standards
Entered into force
Article 125 Documentation standards
Entered into force
Article 126 External models and data
Amended
Article 127 Delegated acts concerning Articles 120 to 126
Section 5 Minimum capital requirement (arts. 128-131)
Entered into force
Article 128 General provisions
Amended
Article 129 Calculation of the Minimum Capital Requirement
Amended
Article 130 Delegated acts
Amended
Article 131 Transitional arrangements regarding compliance with the Minimum Capital Requirement
Section 6 Investments (arts. 132-135)
Entered into force
Article 132 Prudent person principle
Entered into force
Article 133 Freedom of investment
Entered into force
Article 134 Localisation of assets and prohibition of pledging of assets
Amended
Article 135 Delegated acts and regulatory technical standards concerning qualitative requirements
Chapter VII Insurance and reinsurance undertakings in difficulty or in an irregular situation (arts. 136-144)
Entered into force
Article 136 Identification and notification of deteriorating financial conditions by the insurance and reinsurance undertaking
Draft
Draft Article 136a Deterioration of solvency position
Entered into force
Article 137 Non-Compliance with technical provisions
Amended
Article 138 Non-Compliance with the Solvency Capital Requirement
Entered into force
Article 139 Non-Compliance with the Minimum Capital Requirement
Entered into force
Article 140 Prohibition of free disposal of assets located within the territory of a Member State
Entered into force
Article 141 Supervisory powers in deteriorating financial conditions
Entered into force
Article 142 Recovery plan and finance scheme
Applicable
Article 143 Delegated acts and regulatory technical standards concerning Article 138(4)
Entered into force
Article 144 Withdrawal of authorisation
Draft Chapter VIIa Macroprudential tools (draft arts. 144a-144d)
Draft
Draft Article 144a Liquidity risk management
Draft
Draft Article 144b Supervisory powers to remedy liquidity vulnerabilities in exceptional circumstances
Draft
Draft Article 144c Supervisory measures to preserve the financial position of undertakings during exceptional sector-wide shocks
Draft
Draft Article 144d Application of additional macroprudential tools
Chapter VIII Right of establishment and freedom to provide services (arts. 145-161)
Section 1 Establishment by insurance undertakings (arts. 145-146)
Applicable
Article 145 Conditions for branch establishment
Entered into force
Article 146 Communication of information
Section 2 Freedom to provide services: by insurance undertakings (arts. 147-152)
Subsection 1 General provisions (arts. 147-149)
Applicable
Article 147 Prior notification to the home Member State
Entered into force
Article 148 Notification by the home Member State
Applicable
Article 149 Changes in the nature of the risks or commitments
Subsection 2 Third party motor vehicle liability (arts. 150-152)
Applicable
Article 150 Compulsory insurance on third party motor vehicle liability
Applicable
Article 151 Non-discrimination of persons pursuing claims
Applicable
Article 152 Representative
Section 2A Notification and collaboration platforms (arts. 152a-152b)
Inserted
Article 152a Notification
Draft
Draft Article 152aa Significant cross-border activities
Draft
Draft Article 152ab Enhanced supervisory cooperation and information exchange between home and host supervisory authorities in relation to significant-cross-border activities
Inserted
Article 152b Collaboration platforms
Section 3 Competencies of the supervisory authorities of the host member state (arts. 153-158)
Subsection 1 Insurance (arts. 153-157)
Applicable
Article 153 Language
Applicable
Article 154 Prior notification and prior approval
Applicable
Article 155 Insurance undertakings not complying with the legal provisions
Applicable
Article 156 Advertising
Applicable
Article 157 Taxes on premiums
Subsection 2 Reinsurance (art. 158)
Applicable
Article 158 Reinsurance undertakings not complying with the legal provisions
Section 4 Statistical information (art. 159)
Applicable
Article 159 Statistical information on cross-border activities
Section 5 Treatment of contracts of branches in winding-up proceedings (arts. 160-161)
Applicable
Article 160 Winding-up of insurance undertakings
Applicable
Article 161 Winding-up of reinsurance undertakings
Chapter IX Branches established within the community and belonging to insurance or reinsurance undertakings with head offices situated outside the community (arts. 162-175)
Section 1 Taking-up of business (arts. 162-171)
Entered into force
Article 162 Principle of authorisation and conditions
Entered into force
Article 163 Scheme of operations of the branch
Entered into force
Article 164 Transfer of portfolio
Entered into force
Article 165 Technical provisions
Entered into force
Article 166 Solvency Capital Requirement and Minimum Capital Requirement
Entered into force
Article 167 Advantages to undertakings authorised in more than one Member State
Applicable
Article 168 Accounting, prudential and statistical information and undertakings in difficulty
Applicable
Article 169 Separation of non-life and life business
Applicable
Article 170 Withdrawal of authorisation for undertakings authorised in more than one Member State
Applicable
Article 171 Agreements with third countries
Section 2 Reinsurance (arts. 172-175)
Amended
Article 172 Equivalence in relation to reinsurance undertakings
Entered into force
Article 173 Prohibition of pledging of assets
Applicable
Article 174 Principle and conditions for conducting reinsurance activity
Applicable
Article 175 Agreements with third countries
Chapter X Subsidiaries of insurance and reinsurance undertakings governed by the laws of a third country and acquisitions of holdings by such undertakings (arts. 176-177)
Applicable
Article 176 Information from Member States to the Commission and EIOPA
Applicable
Article 177 Third-country treatment of Community insurance and reinsurance undertakings
Title II Specific Provisions for Insurance and Reinsurance (arts. 178-211)
Chapter I Applicable law and conditions of direct insurance contracts (arts. 178-186)
Section 1 Applicable law (art. 178)
Entered into force
Article 178 Applicable Law
Section 2 Compulsory insurance (art. 179)
Applicable
Article 179 Related obligations
Section 3 General good (art. 180)
Applicable
Article 180 General good
Section 4 Conditions of insurance contracts and scales of premiums (arts. 181-182)
Applicable
Article 181 Non-life insurance
Applicable
Article 182 Life insurance
Section 5 Information for policy holders (arts. 183-186)
Subsection 1 Non-life insurance (arts. 183-184)
Applicable
Article 183 General Information for policy holders
Applicable
Article 184 Additional information in the case of non-life insurance offered under the right of establishment or the freedom to provide services
Subsection 2 Life insurance (arts. 185-186)
Entered into force
Article 185 Information for policy holders
Applicable
Article 186 Cancellation period
Chapter II Provisions specific to non-life insurance (arts. 187-207)
Section 1 General provisions (arts. 187-189)
Applicable
Article 187 Policy Conditions
Applicable
Article 188 Abolition of monopolies
Applicable
Article 189 Participation in national guarantee schemes
Section 2 Community co-insurance (arts. 190-196)
Entered into force
Article 190 Community co-insurance operations
Applicable
Article 191 Participation in Community co-insurance
Entered into force
Article 192 Technical provisions
Applicable
Article 193 Statistical data
Applicable
Article 194 Treatment of co-insurance contracts in winding-up proceedings
Applicable
Article 195 Exchange of information between supervisory authorities
Applicable
Article 196 Cooperation on implementation
Section 3 Assistance (art. 197)
Applicable
Article 197 Activities similar to tourist assistance
Section 4 Legal expenses insurance (arts. 198-205)
Applicable
Article 198 Scope of this Section
Applicable
Article 199 Separate contracts
Applicable
Article 200 Management of claims
Applicable
Article 201 Free choice of lawyer
Applicable
Article 202 Exception to the free choice of lawyer
Applicable
Article 203 Arbitration
Applicable
Article 204 Conflict of interest
Applicable
Article 205 Abolition of specialisation of legal expenses insurance
Section 5 Health insurance (art. 206)
Applicable
Article 206 Health insurance as an alternative to social security
Section 6 Insurance against accidents at work (art. 207)
Applicable
Article 207 Compulsory insurance against accidents at work
Chapter III Provisions specific to life insurance (arts. 208-209)
Applicable
Article 208 Prohibition on compulsory ceding of part of underwriting
Applicable
Article 209 Premiums for new business
Chapter IV Rules specific to reinsurance (arts. 210-211)
Amended
Article 210 Finite reinsurance
Amended
Article 211 Special purpose vehicles
Title III Supervision of Insurance and Reinsurance Undertakings in a Group (arts. 212-266)
Chapter I Group supervision: definitions, cases of application, scope and levels (arts. 212-217)
Section 1 Definitions (art. 212)
Amended
Article 212 Definitions
Section 2 Cases of application and scope (arts. 213-214)
Amended
Article 213 Cases of application of group supervision
Draft
Draft Article 213a Use of proportionality measures at the level of the group
Draft
Draft Article 213b Impediments to group supervision
Amended
Article 214 Scope of group supervision
Section 3 Levels (arts. 215-217)
Amended
Article 215 Ultimate parent undertaking at Community level
Amended
Article 216 Ultimate parent undertaking at national level
Amended
Article 217 Parent undertaking covering several Member States
Chapter II Financial position (arts. 218-246)
Section 1 Group solvency (arts. 218-243)
Subsection 1 General provisions (arts. 218-219)
Entered into force
Article 218 Supervision of group solvency
Amended
Article 219 Frequency of calculation
Subsection 2 Choice of calculation method and general principles (arts. 220-224)
Entered into force
Article 220 Choice of method
Entered into force
Article 221 Inclusion of proportional share
Entered into force
Article 222 Elimination of double use of eligible own funds
Entered into force
Article 223 Elimination of the intra-group creation of capital
Entered into force
Article 224 Valuation
Subsection 3 Application of the calculation methods (arts. 225-229 and draft art. 229a)
Entered into force
Article 225 Related insurance and reinsurance undertakings
Amended
Article 226 Intermediate insurance holding companies
Amended
Article 227 Equivalence concerning related third-country insurance and re-insurance undertakings
Entered into force
Article 228 Related credit institutions, investment firms and financial institutions
Entered into force
Article 229 Non-availability of the necessary information
Draft
Draft Article 229a Simplified calculations
Subsection 4 Calculation methods (arts. 230-234)
Entered into force
Article 230 Method 1 (Default method): Accounting consolidation-based method
Amended
Article 231 Group internal model
Amended
Article 232 Group capital add-on
Amended
Article 233 Method 2 (Alternative method): Deduction and aggregation method
Draft
Draft Article 233a Combination of methods 1 and 2
Draft
Draft Article 233b Long-term equities at group level
Amended
Article 234 Delegated acts concerning Articles 220 to 229 and 230 to 233
Subsection 5 Supervision of group solvency for insurance and reinsurance undertakings that are subsidiaries of an insurance holding company (art. 235)
Amended
Article 235 Group solvency of an insurance holding company or a mixed financial holding company
Subsection 6 Supervision of group solvency for groups with centralised risk management (arts. 236-243)
Entered into force
Article 236 Subsidiaries of an insurance or reinsurance undertaking: conditions
Amended
Article 237 Subsidiaries of an insurance or reinsurance undertaking: decision on the application
Amended
Article 238 Subsidiaries of an insurance or reinsurance undertaking: determination of the Solvency Capital Requirement
Amended
Article 239 Subsidiaries of an insurance or reinsurance undertaking: non-compliance with the Solvency and Minimum Capital Requirements
Entered into force
Article 240 Subsidiaries of an insurance or reinsurance undertaking: end of derogations for a subsidiary
Amended
Article 241 Subsidiaries of an insurance or reinsurance undertaking: delegated acts
Amended
Article 242 Review
Amended
Article 243 Subsidiaries of an insurance holding company and mixed financial holding company
Section 2 Risk concentration and intra-group transactions (arts. 244-245)
Amended
Article 244 Supervision of risk concentration
Amended
Article 245 Supervision of intra-group transactions
Section 3 Risk management and internal control (art. 246)
Amended
Article 246 Supervision of the system of governance
Draft Chapter IIa Macroprudential rules at group level (draft arts. 246a-246b)
Draft
Draft Article 246a Liquidity risk management at group level
Draft
Draft Article 246b Other macroprudential rules
Chapter III Measures to facilitate group supervision (arts. 247-259)
Amended
Article 247 Group Supervisor
Amended
Article 248 Rights and duties of the group supervisor and the other supervisors College of supervisors
Amended
Article 249 Cooperation and exchange of information between supervisory authorities
Amended
Article 250 Consultation between supervisory authorities
Entered into force
Article 251 Requests from the group supervisor to other supervisory authorities
Entered into force
Article 252 Cooperation with authorities responsible for credit institutions and investment firms
Entered into force
Article 253 Professional secrecy and confidentiality
Amended
Article 254 Access to information
Amended
Article 255 Verification of information
Amended
Article 256 Group solvency and financial condition report
Inserted
Article 256a Group structure
Draft
Draft Article 256b Group regular supervisory report
Draft
Draft Article 256c Solvency and financial condition report: Audit requirement
Amended
Article 257 Administrative, management or supervisory body of insurance holding companies and mixed financial holding companies
Amended
Article 258 Enforcement measures
Amended
Article 259 Reporting of EIOPA
Chapter IV Third countries (arts. 260-264)
Amended
Article 260 Parent undertakings outside the Union: verification of equivalence
Entered into force
Article 261 Parent undertakings outside the Community: equivalence
Amended
Article 262 Parent undertakings registered in a third country: absence of equivalence
Amended
Article 263 Parent undertakings outside the Community: levels
Entered into force
Article 264 Cooperation with third-country supervisory authorities
Chapter V Mixed-activity insurance holding companies (arts. 265-266)
Entered into force
Article 265 Intra-group transactions
Entered into force
Article 266 Cooperation with third countries
Title IV Reorganisation and Winding-up of Insurance Undertakings (arts. 267-296)
Chapter I Scope and definitions (arts. 267-268)
Applicable
Article 267 Scope of this Title
Applicable
Article 268 Definitions
Chapter II Reorganisation measures (arts. 269-272)
Applicable
Article 269 Adoption of reorganisation measures applicable law
Applicable
Article 270 Information to the supervisory authorities
Applicable
Article 271 Publication of decisions on reorganisation measures
Applicable
Article 272 Information to known creditors right to lodge claims
Chapter III Winding-up proceedings (arts. 273-284)
Applicable
Article 273 Opening of winding-up proceedings information to the supervisory authorities
Applicable
Article 274 Applicable law
Applicable
Article 275 Treatment of insurance claims
Applicable
Article 276 Special register
Applicable
Article 277 Subrogation to a guarantee scheme
Applicable
Article 278 Representation of preferential claims by assets
Applicable
Article 279 Withdrawal of the authorisation
Applicable
Article 280 Publication of decisions on winding-up proceedings
Applicable
Article 281 Information to known creditors
Applicable
Article 282 Right to lodge claims
Applicable
Article 283 Languages and form
Applicable
Article 284 Regular information to the creditors
Chapter IV Common provisions (arts. 285-296)
Applicable
Article 285 Effects on certain contracts and rights
Applicable
Article 286 Rights in rem of third parties
Applicable
Article 287 Reservation of title
Applicable
Article 288 Set-off
Applicable
Article 289 Regulated markets
Applicable
Article 290 Detrimental acts
Applicable
Article 291 Protection of third-party purchasers
Applicable
Article 292 Lawsuits pending
Applicable
Article 293 Administrators and liquidators
Applicable
Article 294 Registration in a public register
Applicable
Article 295 Professional secrecy
Applicable
Article 296 Treatment of branches of third-country insurance undertakings
Title V Other Provisions (arts. 297-304b and draft arts. 304c-304e)
Applicable
Article 297 Right to apply to the courts
Applicable
Article 298 Cooperation between the Member States and the Commission
Applicable
Article 299 Euro
Applicable
Article 300 Revision of amounts expressed in euro
Amended
Article 301 Committee procedure
Inserted
Article 301a Exercise of the delegation
Inserted
Article 301b Sunrise provision for regulatory technical standards
Applicable
Article 302 Notifications submitted prior to entry into force of the laws, regulations and administrative provisions necessary to comply with Articles 57 to 63
Repealed
Article 303 Amendments to Directive 2003/41/EC
Amended
Article 304 Duration-based equity risk sub-module
Inserted
Article 304b Accessibility of information on the European single access point
Draft
Draft Article 304c Report as regards sustainability risk
Draft
Draft Article 304d Review as regards separation of life and non-life activities and capital buffers
Draft
Draft Article 304e Extension of deadlines in exceptional circumstances
Title VI Transitional and final provisions (arts. 305-312)
Chapter I Transitional provisions (arts. 305-308e and draft art. 308f)
Section 1 Insurance (arts. 305-306)
Applicable
Article 305 Derogations and abolition of restrictive measures
Applicable
Article 306 Rights acquired by existing branches and insurance undertakings
Section 2 Reinsurance (arts. 307-308)
Applicable
Article 307 Transitional period for Articles 57(3) and 60(6) of Directive 2005/68/EC
Applicable
Article 308 Right acquired by existing reinsurance undertakings
Section 3 Insurance and reinsurance (arts. 308a-308e and draft art. 308f)
Applicable
Article 308a Phasing-in
Amended
Article 308b Transitional measures
Inserted
Article 308c Transitional measure on the risk-free interest rates
Inserted
Article 308d Transitional measure on technical provisions
Inserted
Article 308e Phasing-in plan on the transitional measures on risk-free interest rates and on technical provisions
Draft
Draft Article 308f
Chapter II Final provisions (arts. 309-312)
Amended
Article 309 Transposition
Amended
Article 310 Repeal
Inserted
Article 310a Staff and resources of EIOPA
Amended
Article 311 Entry into force
Entered into force
Article 312 Addressees
Annex I Classes of Non-Life Insurance
Applicable
Annex I, Part A Classification of risks according to classes of insurance
Applicable
Annex I, Part B Description of authorisations granted for more than one class of insurance
Applicable
Annex II Classes of Life Insurance
Annex III Legal Forms of Undertakings
Amended
Annex III, Part A Forms of non-life insurance undertaking:
Amended
Annex III, Part B Forms of life insurance undertaking:
Amended
Annex III, Part C Forms of reinsurance undertaking:
Entered into force
Annex IV Solvency Capital Requirement (SCR) Standard Formula
Applicable
Annex V Groups of Non-Life Insurance Classes for the Purposes of Article 159
Annex VI
Applicable
Annex VI, Part A Repealed Directives with list of their successive amendments
Applicable
Annex VI, Part B List of time-limits for transposition into national law (referred to in Article 310)
Applicable
Annex VII Correlation Table
Done at