Document Overview for: Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

Table of amendments

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

Table of Amendments

StatusVersionDetailsAffected provisionsEffective dateNotes
1Applicable, see Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)
17 December 2009

Provisions listed in art. 311 applicable from 1 January 2016.

Recitals

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StatusVersionDetailsAffected provisionsEffective dateNotes
1

Title I General Rules on the Taking-Up and Pursuit of Direct Insurance and Reinsurance Activities (arts. 1-177)

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StatusVersionDetailsAmended provisionEffective dateNotes
1Published
17 December 2009

Chapter I Subject matter, scope and definitions (arts. 1-13)

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1

Section 1 Subject matter and scope (arts. 1-2)

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1

Article 1 Subject matter

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 2 Scope

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Section 2 Exclusions from scope (arts. 3-12)

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1

Subsection 1 General (arts. 3-4)

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StatusVersionDetailsAmended provisionEffective dateNotes
1

Article 3 Statutory systems

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 4 Exclusion from scope due to size

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2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Subsection 2 Non-life (arts. 5-8)

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1

Article 5 Operations

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 6 Assistance

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 7 Mutual undertakings

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 8 Institutions

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Subsection 3 Life (arts. 9-10)

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1

Article 9 Operations and activities

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 10 Organisations, undertakings and institutions

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Subsection 4 Reinsurance (arts. 11-12)

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1

Article 11 Reinsurance

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 12 Reinsurance undertakings closing their activity

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Section 3 Definitions (art. 13)

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1

Article 13 Definitions

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StatusVersionDetailsAmended provisionEffective dateNotes
4Point substituted by Article 63 Amendment of Directive 2009/138/EC Directive 2016/2341/EU - IORP II Directive

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12 January 2017
3Point inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Chapter II Taking-up of business (arts. 14-26)

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1

Article 14 Principle of authorisation

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 15 Scope of authorisation

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 16 Ancillary risks

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 17 Legal form of the insurance or reinsurance undertaking

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StatusVersionDetailsAmended provisionEffective dateNotes
4Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
3Paragraph replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 18 Conditions for authorisation

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 19 Close links

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 20 Head office of insurance undertakings and reinsurance undertakings

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 21 Policy conditions and scales of premiums

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 22 Economic requirements of the market

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 23 Scheme of operations

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 24 Shareholders and members with qualifying holdings

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 25 Refusal of authorisation

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 25a Notification and publication of authorisations or withdrawals of authorisation

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StatusVersionDetailsAmended provisionEffective dateNotes
1Inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive
23 May 2014

Article 26 Prior consultation of the authorities of other Member States

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Chapter III Supervisory authorities and general rules (arts. 27-39)

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1

Article 27 Main objective of supervision

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 28 Financial stability and pro-cyclicality

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 29 General principles of supervision

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StatusVersionDetailsAffected provisionsEffective dateNotes
3Paragraph replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 30 Supervisory authorities and scope of supervision

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 31 Transparency and accountability

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StatusVersionDetailsAffected provisionsEffective dateNotes
3Paragraph inserted, Paragraph replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 32 Prohibition of refusal of reinsurance contracts or retrocession contracts

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 33 Supervision of branches established in another Member State

Table of Amendments

StatusVersionDetailsAffected provisionsEffective dateNotes
4Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

Compare against the previous version
1 January 2016
3Paragraph added by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 34 General supervisory powers

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 35 Information to be provided for supervisory purposes

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StatusVersionDetailsAffected provisionsEffective dateNotes
3Paragraph inserted, Paragraph replaced, see Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force, see Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 36 Supervisory review process

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 37 Capital add-on

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StatusVersionDetailsAffected provisionsEffective dateNotes
3Paragraph inserted, Paragraph replaced, Point added, Point replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 38 Supervision of outsourced functions and activities

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StatusVersionDetailsAffected provisionsEffective dateNotes
3Sub paragraph inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 39 Transfer of portfolio

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Chapter IV Conditions governing business (arts. 40-72)

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StatusVersionDetailsAmended provisionEffective dateNotes
1Published
17 December 2009

Section 1 Responsibility of the administrative, management or supervisory body (art. 40)

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1

Article 40 Responsibility of the administrative, management or supervisory body

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Section 2 System of governance (arts. 41-50)

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1Published
17 December 2009

Article 41 General governance requirements

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 42 Fit and proper requirements for persons who effectively run the undertaking or have other key functions

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 43 Proof of good repute

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 44 Risk management

Table of Amendments

StatusVersionDetailsAffected provisionsEffective dateNotes
3Paragraph inserted, Sub paragraph added by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 45 Own risk and solvency assessment

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
3Paragraph inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 46 Internal control

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 47 Internal audit

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 48 Actuarial function

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 49 Outsourcing

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 50 Delegated acts and regulatory technical standards

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StatusVersionDetailsAffected provisionsEffective dateNotes
3Replaced, see Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force, see Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Section 3 Public disclosure (arts. 51-56)

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StatusVersionDetailsAmended provisionEffective dateNotes
1Published
17 December 2009

Article 51 Report on solvency and financial condition: contents

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
3Paragraph inserted, Sub paragraph replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 52 Information for and reports by the European Insurance and Occupational Pensions Authority

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StatusVersionDetailsAffected provisionsEffective dateNotes
3Replaced, see Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force, see Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 53 Report on solvency and financial condition: applicable principles

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 54 Report on solvency and financial condition: updates and additional voluntary information

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 55 Report on solvency and financial condition: policy and approval

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 56 Solvency and financial condition report: delegated acts and implementing technical standards

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StatusVersionDetailsAffected provisionsEffective dateNotes
4Applicable, see Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
3Replaced, see Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force, see Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Section 4 Qualifying holdings (arts. 57-63)

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StatusVersionDetailsAmended provisionEffective dateNotes
1

Article 57 Acquisitions

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 58 Assessment period

Table of Amendments

StatusVersionDetailsAffected provisionsEffective dateNotes
4Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
3Paragraph inserted, Paragraph replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 59 Assessment

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 60 Acquisitions by regulated financial undertakings

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 61 Information to the supervisory authority by the insurance or reinsurance undertaking

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 62 Qualifying holdings, powers of the supervisory authority

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 63 Voting rights

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Section 5 Professional secrecy, exchange of information and promotion of supervisory convergence (arts. 64-71)

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StatusVersionDetailsAmended provisionEffective dateNotes
1Published
17 December 2009

Article 64 Professional secrecy

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 65 Exchange of information between supervisory authorities of Member States

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 65a Cooperation with EIOPA

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1Inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive
23 May 2014

Article 66 Cooperation agreements with third countries

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StatusVersionDetailsAmended provisionEffective dateNotes
3Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 67 Use of confidential information

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 67a European Parliament powers of investigation

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1Inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive
23 May 2014

Article 68 Exchange of information with other authorities

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StatusVersionDetailsAmended provisionEffective dateNotes
3Point added by Article 2 Amendment to Directive 2009/138/EC Directive 2018/843/EU - Fifth Money Laundering Directive (MLD5)

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(1)(b)(iv)

9 July 2018
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 69 Disclosure of information to government administrations responsible for financial legislation

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
4Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
3Paragraph replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 70 Transmission of information to central banks, monetary authorities, payment systems overseers and the European Systemic Risk Board

Table of Amendments

StatusVersionDetailsAffected provisionsEffective dateNotes
4Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
3Replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 71 Supervisory convergence

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StatusVersionDetailsAffected provisionsEffective dateNotes
3Paragraph deleted, Paragraph replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Section 6 Duties of auditors (art. 72)

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1

Article 72 Duties of auditors

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Chapter V Pursuit of life and non-life insurance activity (arts. 73-74)

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1

Article 73 Pursuit of life and non-life insurance activity

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
4Applicable by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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1 January 2016
3Sub paragraph inserted by Annex Council Directive 2013/23/EU of 13 May 2013 adapting certain directives in the field of financial services, by reason of the accession of the Republic of Croatia

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1 July 2013
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 74 Separation of life and non-life insurance management

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

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)

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StatusVersionDetailsAmended provisionEffective dateNotes
1Published
17 December 2009

Section 1 Valuation of assets and liabilities (art. 75)

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1

Article 75 Valuation of assets and liabilities

Table of Amendments

StatusVersionDetailsAffected provisionsEffective dateNotes
3Paragraph inserted, Paragraph replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Section 2 Rules relating to technical provisions (arts. 76-86)

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StatusVersionDetailsAmended provisionEffective dateNotes
1Published
17 December 2009

Article 76 General provisions

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 77 Calculation of technical provisions

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 77a Extrapolation of the relevant risk-free interest rate term structure

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StatusVersionDetailsAmended provisionEffective dateNotes
1Inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive
23 May 2014

Article 77b Matching adjustment to the relevant risk-free interest rate term structure

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1Inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive
23 May 2014

Article 77c Calculation of the matching adjustment

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1Inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive
23 May 2014

Article 77d Volatility adjustment to the relevant risk-free interest rate term structure

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1Inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive
23 May 2014

Article 77e Technical information produced by the European Insurance and Occupational Pensions Authority

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StatusVersionDetailsAffected provisionsEffective dateNotes
1Inserted, see Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive
23 May 2014

Article 77f Review of long-term guarantees measures and measures on equity risk

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1Inserted by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive
23 May 2014

Article 78 Other elements to be taken into account in the calculation of technical provisions

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 79 Valuation of financial guarantees and contractual options included in insurance and reinsurance contracts

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 80 Segmentation

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 81 Recoverables from reinsurance contracts and special purpose vehicles

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 82 Data quality and application of approximations, including case-by-case approaches, for technical provisions

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 83 Comparison against experience

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 84 Appropriateness of the level of technical provisions

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 85 Increase of technical provisions

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 86 Delegated acts and regulatory and implementing technical standards

Table of Amendments

StatusVersionDetailsAffected provisionsEffective dateNotes
3Replaced, see Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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23 May 2014
2Entered into force, see Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Section 3 Own funds (arts. 87-99)

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StatusVersionDetailsAmended provisionEffective dateNotes
1Published
17 December 2009

Subsection 1 Determination of own funds (arts. 87-92)

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
1Published
17 December 2009

Article 87 Own funds

Table of Amendments

StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 88 Basic own funds

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 89 Ancillary own funds

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 90 Supervisory approval of ancillary own funds

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 91 Surplus funds

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StatusVersionDetailsAmended provisionEffective dateNotes
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Article 92 Delegated acts and regulatory and implementing technical standards

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StatusVersionDetailsAffected provisionsEffective dateNotes
3Paragraph added, Paragraph replaced, Text replaced by Article 2 Amendments to Directive 2009/138/EC Directive 2014/51/EU - Omnibus II Directive

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31 March 2015
2Entered into force by Article 311 Entry into force Directive 2009/138/EC - Insurance and Reinsurance Directive (recast) (Solvency II)

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6 January 2010
1Published
17 December 2009

Subsection 2 Classification of own funds (arts. 93-97)

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StatusVersionDetailsAmended provisionEffective dateNotes