SECTION 1 — Colleges of supervisors
Participation of supervisors of significant branches and related undertakings
1. For the purposes of Article 248(3) of Directive 2009/138/EC, ‘significant branch’ of an insurance or reinsurance undertaking shall mean a branch of an insurance or reinsurance undertaking for which at least one of the following conditions is met:
(a)
the annual gross written premium of the branch exceeds 5 % of the annual gross written premium of the group, measured with reference to the last available consolidated financial statements of the group;
(b)
the annual gross written premium of the branch exceeds 5 % of total annual gross written premiums for the life activity, the non-life activity, or both in the Member State in which the risk is situated, measured with reference to the last available financial statements.
Upon its own initiative or following a reasoned request from the supervisory authority responsible for the supervision of a branch, where the branch meets at least one of the conditions in points (a) or (b) of this paragraph, the group supervisor shall invite that supervisory authority to participate in any relevant activity of the college of supervisors.
2. Upon its own initiative or following a reasoned request from a supervisory authority responsible for the supervision of a related undertaking in the group, the group supervisor may, where considers it appropriate to enhance the efficient exchange of information and to facilitate the exercise of group supervision, and after consultation with the other supervisory authorities in the college of supervisors, invite that supervisory authority of a related undertaking to participate in any relevant activity of the college of supervisors.
Coordination arrangements
1. The coordination arrangements to be concluded in accordance with Article 248(4) of Directive 2009/138/EC shall be in writing.
2. The coordination arrangements shall, with regard to both going concern and emergency situations, specify the following:
(a)
the minimum information to be transmitted to the group supervisor by the other supervisory authorities in the college of supervisors or disseminated by the group supervisor to the other supervisory authorities in the college of supervisors;
(b)
the language and frequency of the information to be transmitted to the group supervisor by the other supervisory authorities in the college of supervisors or disseminated by the group supervisor to the other supervisory authorities in the college of supervisors;
(c)
the language and frequency of the information to be exchanged with any other authorities concerned;
(d)
the obligation to adopt a work plan revised at least annually and agreed by the college of supervisors for coordinating the supervisory activities of the college in the following 12 months;
(e)
an emergency plan agreed by the college of supervisors.
3. The emergency plan referred to in point (e) of paragraph 2 shall be adapted to the specific risks of the insurance or reinsurance group. It shall include provisions covering all of the following elements:
(a)
recognition of the existence of a crisis;
(b)
preparation of the crisis management;
(c)
crisis assessment;
(d)
crisis management;
(e)
external communication.
4. The emergency plan shall provide that all of the following information shall be exchanged among supervisory authorities within the college of supervisors as soon as it is becomes available:
(a)
a description of the emergency situation, with an indication of any impact on policyholders and on the financial markets;
(b)
an identification of the undertakings in the group which are affected by the emergency situation referred to in point (a), with relevant information on their financial situation;
(c)
an overview of any measures taken by the group in relation to the emergency situation referred to in point (a);
(d)
an overview of any measures taken by any of the supervisory authorities concerned in relation to the emergency situation referred to in point (a) and a description of any existing national measures relevant to the management and resolution of the crisis.
5. The coordination arrangements referred to in paragraph 2 shall be regularly tested and reviewed by the college of supervisors.
Supervisory approval of group-specific parameters
1. An application to use group-specific parameters, as referred to in Article 338, shall be provided in writing to the group supervisor, by the participating insurance or reinsurance undertaking, the insurance holding company or the mixed financial holding company (for the purposes of this Article, referred to as ‘the applicant’) in one of the official languages of the group supervisor's Member State or in a language for which the group supervisor has given prior approval.
2. The group supervisor shall inform the other supervisory authorities within the college of supervisors without delay of the receipt of the application and shall also forward the application to the other supervisory authorities within the college of supervisors.
3. Prior to making its final decision, the group supervisor shall consult the other supervisory authorities within the college of supervisors. After this consultation, the group supervisor shall make its own decision on the application. The group supervisor shall provide its decision to the applicant and to the other supervisory authorities within the college of supervisors. The decision shall be written in an official language of the Member State of the group supervisor, and in another language most commonly understood by the other supervisory authorities.
SECTION 2 — Exchange of information
Information to be exchanged on a systematic basis
1. The information referred in paragraphs 2 and 3 shall be exchanged on a systematic basis between the supervisory authorities in the college, unless they decide as part of a coordination arrangement in accordance with Article 355 (2)(a), that part of it is not needed for the activities of the college of supervisors. The exchange shall take place either by transmitting the information or by facilitating the access to it.
2. The other supervisory authorities within the college of supervisors shall exchange with the group supervisor on a systematic basis, for each related insurance or reinsurance undertaking falling within the scope of group supervision, the following information:
(a)
the solvency and financial condition report, unless the group supervisor has agreed under Article 256(2) of Directive 2009/138/EC to the inclusion of subsidiaries within the group in a single solvency and financial condition report;
(b)
the regular supervisory report, as well as relevant annual and quarterly quantitative templates;
(c)
the conclusions drawn by the supervisory authority concerned following the supervisory review process carried out at the level of the individual undertaking.
3. The group supervisor shall exchange with the other supervisory authorities within the college on a systematic basis the following information:
(a)
regarding the participating insurance or reinsurance undertaking, the insurance holding company, or the mixed financial holding company:
(i)
the group solvency and financial condition report;
(ii)
the group regular supervisory report, as well as relevant group annual and quarterly quantitative templates;
(iii)
the conclusions drawn by the group supervisor following the supervisory review process carried out at group level.
(b)
for each related insurance or reinsurance undertaking falling within the scope of group supervision, the information referred to in paragraph 2.
SECTION 3 — National or regional subgroup supervision
Where Member States allow supervisory authorities to exercise group supervision on a subgroup according to Articles 216 or 217 of Directive 2009/138/EC, such a decision by the supervisory authorities shall only be taken in circumstances justified by objective differences in the operations, the organisation or the risk-profile between the subgroup and the group.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
