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
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
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)
Entered into force
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
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
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
Inserted
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
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)
Entered into force
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
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
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 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