Council and Parliament agree on new regulations for the insurance industry under Solvency II and IRRD.
Cottage Industry:1 Council And Parliament Agree Now
A tentative agreement has been reached by the Council and the Parliament on modifications to the EU’s primary insurance-related legislation, the Solvency II directive, as well as new guidelines for insurance recovery and resolution (IRRD).
The insurance and reinsurance industries will play a bigger role in offering European businesses long-term private sources of investment thanks to the new Solvency II regulations.
Simultaneously, they will enhance the insurance sector’s resilience and readiness for forthcoming challenges, thereby augmenting policyholder protection.
With this dual role, the industry will help finance the green and digital transitions as well as the realization of the Capital Markets Union.
and the economic recuperation of Europe following the COVID-19 pandemic.
The Insurance Recovery and Resolution Directive (IRRD) aims to improve the readiness of EU insurers and relevant authorities in major financial distress situations so that they can act appropriately early and swiftly in an emergency, including cross-border situations. This will minimize the effects on the financial system, the economy, and any need to use taxpayer funds while safeguarding insurance policyholders.
Solvency II:
Fund transfers for companies
Insurance companies will be encouraged to invest in long-term capital for the economy, particularly the Green Deal, by means of the provisional agreement.
Increased stability and resilience
The provisional agreement strengthens the long-term guarantees by increasing their sensitivity to risk and bolstering the insurance’s resilience.
industry, and adds a fresh macroprudential facet to the framework. Simultaneously, sustainability will play an increasingly significant role.
The agreement states that less complicated and more proportionate regulations will guarantee flexibility and lessen the administrative load, particularly on small and non-complex insurance companies. The improved framework will also improve national supervisory authorities’ coordination with regard to cross-border operations of insurers and reinsurers.
Protection of consumers
Through improved coordination between supervisory authorities, the Council and Parliament improved the protection of insurance policyholders, particularly when purchasing insurance in another nation. Also, consumers will have more knowledge.
Authority for Occupational Pensions and Insurance in Europe (EIOPA)
The European Insurance and Occupational Pensions Authority (EIOPA) is given several new responsibilities under the provisional agreement, not the least of which is of developing different technical standard strands, or secondary legislation, that will set the framework for a more exact and uniform application of the Directive among the Member States.
The new regulations will be supplemented, as agreed upon by the Council and Parliament, by delegated acts at a later date. Notably, this will guarantee a fair assessment of the capital requirements of the Solvency II prudential framework.
Recovery and resolution of insurance (IRRD)
A systematic approach to insolvency
A new, unified framework for settling insurance disputes amicably will be implemented at the European level by the provisional agreement.
National authorities are granted preventive powers by the Council and Parliament to intervene early. It will be mandatory for member states to establish national insurance resolution authorities, either under already-existing authorities or as fresh,
Independent legal bodies, guarantee efficient cross-border collaboration, and assign a coordinating function to the European Insurance and Occupational Pensions Authority (EIOPA).
Under the provisional agreement, national supervisory authorities will receive preemptive recovery plans from (re)insurance companies and groups. Businesses that account for at least 60% of the relevant (re)insurance market must comply with this requirement.
Resolution plans for insurance and reinsurance groups and undertakings that account for at least 40% of their respective markets must also be drafted by resolution authorities.
In general, preemptive recovery planning requirements won’t apply to small, straightforward projects on an individual basis.
Resolution authorities would have the authority to carry out resolution procedures in a timely and well-coordinated manner.
Resolution authorities are provided by the provisional agreement. with procedures and tools for resolution (such as write-down and conversion, solvent run-offs, and transfer tools) to deal with errors, especially when they occur in a cross-border setting.
More specific guidelines for using the tools and processes are added in the provisional agreement. To prevent unfavorable outcomes for policy holders, certain liabilities, specifically those related to write-downs and conversions, will not be included in these tools.
In addition, there are particulars about financing arrangements and a review clause concerning Insurance Guarantee Schemes.
The accord guarantees that the structure is reasonable and tailored to the insurance industry.
Next actions
The finalized texts of the provisional agreements will now be submitted for approval to the European Parliament and the representatives of the member states. Should they be accepted, the Parliament and the Council will have to accept the texts formally.
Context
In order to guarantee that policyholders and beneficiaries are adequately protected, the EU’s 2009 adoption of Solvency II laid out rules that apply to insurance and reinsurance companies operating within its borders. The risk-based methodology of Solvency II makes it possible to evaluate the “overall solvency” of insurance and reinsurance undertakings using both quantitative and qualitative metrics.
Three pillars support the regulatory framework known as Solvency II:
- Pillar I establishes the numerical specifications. i.e. the capital requirements and the valuation of assets and liabilities
- Pillar II establishes the qualitative standards, such as the Own Risk and Solvency Assessment (ORSA), governance, and risk management of the undertakings.
- Pylon III establishes public disclosure and supervisory reporting.
The three pillars make it possible to comprehend and manage hazards throughout the industry. These are the main characteristics of the Solvency II regulatory framework:
- Risk-based: Assets and liabilities should be valued according to their market value, which is determined by how much they can be traded, transferred, or settled for. Market consistent: A higher capital requirement to cover unforeseen losses will result from higher risks.
- proportionate: the application of regulatory requirements must be commensurate with the type, scope, and complexity of the risks that are inherent in the operations of insurance and reinsurance undertakings.
- Collective supervision: in order to enhance cross-border supervision of insurance and reinsurance groups, supervisors in colleges of supervisors must coordinate more and exchange information.
- Since coming into effect in 2016, the current legal framework has generally operated effectively, but in the .In the framework of evaluating Solvency II, the Commission noted potential areas for enhancement.
The policy holders, beneficiaries, injured parties, and impacted businesses may all be significantly impacted by the disorderly failure of insurers. It may also intensify or cause financial instability, have an effect on the real economy overall, or necessitate the extraordinary use of public funds.
Because there are currently no standardized processes for resolving insurers at the European level, policyholders and beneficiaries may not receive the same level of protection due to significant differences between member states.
As part of a thorough review package of the Solvency II directive, the Commission sent the Council its proposal on September 22, 2021, along with a proposal for the Insurance Recovery and Resolution Directive (IRRD).
Solvency II guidelines.
The IRRD does not call for the insurance industry to have its own funds or eligible liabilities to cover potential losses, unlike banks. It also does not call for an EU-wide single resolution fund financed by the industry.
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