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Document 32018R1844
Commission Implementing Regulation (EU) 2018/1844 of 23 November 2018 amending and correcting Implementing Regulation (EU) 2015/2450 laying down implementing technical standards with regard to the templates for the submission of information to the supervisory authorities in accordance with Directive 2009/138/EC of the European Parliament and of the Council (Text with EEA relevance.)
Commission Implementing Regulation (EU) 2018/1844 of 23 November 2018 amending and correcting Implementing Regulation (EU) 2015/2450 laying down implementing technical standards with regard to the templates for the submission of information to the supervisory authorities in accordance with Directive 2009/138/EC of the European Parliament and of the Council (Text with EEA relevance.)
Commission Implementing Regulation (EU) 2018/1844 of 23 November 2018 amending and correcting Implementing Regulation (EU) 2015/2450 laying down implementing technical standards with regard to the templates for the submission of information to the supervisory authorities in accordance with Directive 2009/138/EC of the European Parliament and of the Council (Text with EEA relevance.)
C/2018/7650
OJ L 299, 26.11.2018, p. 5–54
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 30/12/2023; Implicitly repealed by 32023R0894
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32015R2450 | Repeal | annex I Text | 16/12/2018 | |
Modifies | 32015R2450 | Repeal | annex II section S.08.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Repeal | annex II section S.14.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Repeal | annex II section S.26.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Repeal | annex III section S.03.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Repeal | annex III section S.08.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Repeal | annex III section S.26.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex I Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.01.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.06.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.07.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.11.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.12.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.14.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.26.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.29.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.29.03 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex II section S.29.04 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex III section S.01.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex III section S.06.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex III section S.07.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex III section S.08.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex III section S.11.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex III section S.26.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex III section S.31.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex III section S.31.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | annex III section S.37.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Addition | article 2 point (d) | 16/12/2018 | |
Modifies | 32015R2450 | Addition | article 3 paragraph 4a | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex I Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.04.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.05.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.06.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.06.03 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.08.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.08.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.11.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.12.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.15.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.15.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.16.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.22.03 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.22.05 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.22.06 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.23.04 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.26.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.29.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.29.03 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.29.04 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.30.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.30.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.30.04 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.31.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.31.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex II section S.36.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.03.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.03.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.05.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.06.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.06.03 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.08.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.08.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.11.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.15.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.15.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.23.04 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.26.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.31.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.31.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.35.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.36.02 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex III section S.37.01 Text | 16/12/2018 | |
Modifies | 32015R2450 | Replacement | annex VI Text | 16/12/2018 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Corrected by | 32018R1844R(01) | (DE) | |||
Implicitly repealed by | 32023R0894 | 31/12/2023 |
26.11.2018 |
EN |
Official Journal of the European Union |
L 299/5 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/1844
of 23 November 2018
amending and correcting Implementing Regulation (EU) 2015/2450 laying down implementing technical standards with regard to the templates for the submission of information to the supervisory authorities in accordance with Directive 2009/138/EC of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and in particular the third subparagraph of Article 35(10), the third subparagraph of Article 244(6) and the second subparagraph of Article 245(6) thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) 2015/2450 (2) lays down the reporting templates that insurance and reinsurance undertakings as well as participating insurance and reinsurance undertakings, insurance holding companies and mixed financial holding companies need to use for reporting to the supervisory authorities information that is necessary for the purposes of supervision. |
(2) |
Commission Delegated Regulation (EU) 2017/1542 (3), amending the rules on the calculation of regulatory capital requirements for certain categories of assets held by insurance and reinsurance undertakings, introduced the new qualifying infrastructure corporate asset class with a dedicated capital requirement. In order to ensure that supervisory authorities receive the necessary information also on infrastructure corporates investments made by insurance and reinsurance undertakings, with a level of detail and granularity comparable to that existing for the other asset classes within the calculation of the market risk module, the relevant reporting templates, as laid down in Implementing Regulation (EU) 2015/2450, should be adapted taking into account those amendments. |
(3) |
Provisions on the correct use of sign of expressions and consistent exchange rates are crucial to improve consistency and quality of the information reported with regard to the historical data denominated in a currency other than the reporting currency. Therefore Article 2 and Article 3 have been amended to improve the quality of the information reported. |
(4) |
The templates concerning variation analysis aim to explain with economic metrics, why and how the situation of the undertaking has evolved during the year. As stakeholders have identified a number of areas for improvement and further clarification, some amendments to the instructions of templates S.29.01 to S.29.04 are necessary. |
(5) |
Implementing Regulation (EU) 2015/2450 should therefore be amended accordingly. |
(6) |
Drafting errors in the instructions of the templates which may lead to inconsistent and misleading information and consequently affect the quality of the supervisory review process should be corrected. Therefore some corrections, mainly addressing missing reporting items or information in the ‘General comments’ and missing cells in the ‘Instructions’, are needed. |
(7) |
This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the Commission. |
(8) |
The European Insurance and Occupational Pensions Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Insurance and Reinsurance Stakeholder Group established by Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (4), |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) 2015/2450 is amended as follows:
(1) |
in Article 2, the following point (d) is added:
|
(2) |
in Article 3, the following paragraph 4a is inserted: ‘4a. When expressing the values of historical data denominated in a currency other than the reporting currency, such values related to previous reporting periods shall be converted into the reporting currency based on the closing rate on the last day of the period being reported for which the conversion rate is available.’; |
(3) |
Annex I is amended in accordance with Annex I to this Regulation; |
(4) |
Annex II is amended in accordance with Annex II to this Regulation; |
(5) |
Annex III is amended in accordance with Annex III to this Regulation; |
(6) |
Annex VI is amended in accordance with Annex IV to this Regulation. |
Article 2
Implementing Regulation (EU) 2015/2450 is corrected as follows:
(1) |
Annex I is corrected in accordance with Annex V to this Regulation; |
(2) |
Annex II is corrected in accordance with Annex VI to this Regulation; |
(3) |
Annex III is corrected in accordance with Annex VII to this Regulation. |
Article 3
This Regulation shall enter into force the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 2018.
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 335, 17.12.2009, p. 1.
(2) Commission Implementing Regulation (EU) 2015/2450 of 2 December 2015 laying down implementing technical standards with regard to the templates for the submission of information to the supervisory authorities according to Directive 2009/138/EC of the European Parliament and of the Council (OJ L 347, 31.12.2015, p. 1).
(3) Commission Delegated Regulation (EU) 2017/1542 of 8 June 2017 amending Delegated Regulation (EU) 2015/35 concerning the calculation of regulatory capital requirements for certain categories of assets held by insurance and reinsurance undertakings (infrastructure corporates) (OJ L 236, 14.9.2017, p. 14).
(4) Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).
ANNEX I
Annex I to Implementing Regulation (EU) 2015/2450 is amended as follows:
1. |
in template S.01.02.01, the following row is added:
|
2. |
in template S.01.02.04, the following row is added:
|
3. |
template S.12.01.01 is amended as follows:
|
4. |
template S.26.01.01 is amended as follows:
|
5. |
template S.26.01.04 is amended as follows:
|
6. |
template SR.26.01.01 is amended as follows:
|
7. |
in template S.29.03.01, row R0300 is replaced by the following:
|
8. |
template S.29.04.01 is amended as follows:
|
9. |
template S.30.04.01 is amended as follows:
|
10. |
in template S.37.01.04, between columns C0090 and C0100, the following new column C0091 ‘Internal rating’ is inserted: ‘Internal rating C0091’.
|
ANNEX II
Annex II to Implementing Regulation (EU) 2015/2450 is amended as follows:
1. |
in section S.01.02 — Basic information, in the table, the following row is added:
|
2. |
section S.04.01 — Activity by country is amended as follows:
|
3. |
section S.06.02 — List of assets is amended as follows:
|
4. |
section S.06.03 — Collective investment undertakings — look–through approach is amended as follows:
|
5. |
in section S.07.01 — Structured products, in the third column (‘Instructions’) of row C0100 of the table, the following point is added:
|
6. |
in section S.08.01 — Open derivatives, the table is amended as follows:
|
7. |
in section S.08.02 — Derivatives Transactions, the table is amended as follows:
|
8. |
section S.11.01 — Assets held as collateral is amended as follows:
|
9. |
in section S.12.01 — Life and Health SLT Technical Provisions the table is amended as follows:
|
10. |
section S.14.01 — Life obligations analysis the table is amended as follows:
|
11. |
in section S.15.01 — Description of the guarantees of variable annuities, the text in the third column (‘Instructions’) of row C0100 of the table is replaced by the following: ‘Indicate the level of the guaranteed benefit.’; |
12. |
in section S.15.02 – Hedging of guarantees of variable annuities, the text in the third column (‘Instructions’) of row C0140 of the table is replaced by the following: ‘The ‘economic result’ that the guarantee of the policies has generated during the reporting year considering the result of the hedging strategy. Where hedging is performed for a portfolio of products, for instance in cases where hedge instruments may not be allocated to specific products, the undertaking shall allocate the effect of hedging to the different products using the weight of each product in the ‘Economic result without hedging’ (C0110). This is not to be reported in case the undertaking has no hedging program itself, but only reinsures the guarantee part.’; |
13. |
in section S.16.01 — Information on annuities stemming from Non–Life Insurance obligations, in the third column (‘Instructions’) of row Z0010 of the table, the closed list is replaced by the following:
|
14. |
In template S.22.03, in the third column of the table, the instructions for C0010/R0060 are replaced by the following: ‘Matching adjustment to the risk free rate for the reported portfolio, reported in basis points using decimal notation, e.g. 100bp reported as 0.01.’; |
15. |
in section S.22.05 — Overall calculation of the transitional on technical provisions, in the third column (‘Instructions’) of row C0010/R0070 of the table, the second paragraph is replaced by the following: ‘If no limitation the amount calculated as R0060*(R0010-R0050) shall be reported.’; |
16. |
in section S.22.06 — Best estimate subject to volatility adjustment by country and currency, under the heading ‘General comments’, the fourth paragraph is replaced by the following: ‘Information shall be reported in relation to material obligations in countries and currencies for which a currency volatility adjustment, and a country increase if applicable, is applied until 90 % of the total best estimate subject to volatility adjustment is reported by currency and country.’; |
17. |
section S.23.04 — List of items on own funds is amended as follows:
|
18. |
In section S.26.01 — Solvency Capital Requirement — Market risk the table is amended as follows:
|
19. |
in section S.29.01 — Excess of Assets over Liabilities, in the third column (‘Instructions’) of row C0030/R0190 of the table, the following sentence is added: ‘This amount shall not include amount of Own Shares.’; |
20. |
section S.29.02 — Excess of Assets over Liabilities — explained by investments and financial liabilities is amended as follows:
|
21. |
section S.29.03 — Excess of Assets over Liabilities — explained by technical provisions is amended as follows:
|
22. |
section S.29.04 — Detailed analysis per period — Technical flows versus Technical provisions, the table is amended as follows:
|
23. |
in section S.30.01 — Facultative covers for non–life and life business basic data, under the heading ‘General comments’, the fifth paragraph is replaced by the following: ‘This template is prospective (to be in line with S.30.03) and as such shall reflect the reinsurance treaties effective and valid during the next reporting year for the selected 10 most important risks in terms of reinsured exposure for each line of business. Undertakings shall report the most important risks of the next reporting period which are covered by reinsurance treaties valid during the next reporting period. If reinsurance strategy changes materially after the validity date or if the renovation of the reinsurance contracts are performed later than the reporting date and before next 1 January, the information on this template shall be re–submitted when adequate.’; |
24. |
section S.30.02 — Facultative covers for non–life and life business shares data is amended as follows:
|
25. |
in section S.30.04 — Outgoing Reinsurance Program shares data, in the third column (‘Instructions’) of row C0240 of the table, the closed list of the nominated ECAIs is replaced by the following:
|
26. |
in section S.31.01 — Share of reinsurers (including Finite Reinsurance and SPV's), in the third column (‘Instructions’) of row C0220 of the table, the closed list of the nominated ECAIs is replaced by the following:
|
27. |
in section S.31.02 — Special Purpose Vehicles, in the third column (‘Instructions’) of row C0280 of the table, the closed list of the nominated ECAIs is replaced by the following:
|
28. |
in section S.36.02 — IGT — Derivatives, the table is amended as follows:
|
ANNEX III
Annex III to Implementing Regulation (EU) 2015/2450 is amended as follows:
1. |
in section S.01.02 — Basic information, in the table, the following row is added:
|
2. |
section S.03.01 — Off–balance sheet items — General is corrected as follows:
|
3. |
in section S.03.02 — Off–balance–sheet items — list of unlimited guarantees received by the group, under the heading ‘General comments’, the third paragraph is replaced by the following: ‘Unlimited guarantees refer to guarantees with unlimited amount, regardless of the date being limited or unlimited. Internal guarantees within the scope of group supervision are not reported in this template.’; |
4. |
section S.06.02 — List of assets is amended as follows:
|
5. |
section S.06.03 — Collective investment undertakings — look–through approach is amended as follows:
|
6. |
in section S.07.01 — Structured products, in the third column (‘Instructions’) of row C0100 of the table, the following point is added:
|
7. |
in section S.08.01 — Open derivatives, the table is amended as follows:
|
8. |
in section S.08.02 — Derivatives Transactions, the table is amended as follows:
|
9. |
section S.11.01 — Assets held as collateral is amended as follows:
|
10. |
in section S.15.01 — Description of the guarantees of variable annuities, the text in the third column (‘Instructions’) of row C0100 of the table is replaced by the following: ‘Indicate the level of the guaranteed benefit.’; |
11. |
in section S.15.02 – Hedging of guarantees of variable annuities, the text in the third column (‘Instructions’) of row C0140 of the table is replaced by the following: ‘The ‘economic result’ that the guarantee of the policies has generated during the reporting year considering the result of the hedging strategy. Where hedging is performed for a portfolio of products, for instance in cases where hedge instruments may not be allocated to specific products, the undertaking shall allocate the effect of hedging to the different products using the weight of each product in the ‘Economic result without hedging’ (C0110). This is not to be reported in case the undertaking has no hedging program itself, but only reinsures the guarantee part.’; |
12. |
section S.23.04 — List of items on own funds is amended as follows:
|
13. |
In section S.26.01 — Solvency Capital Requirement — Market risk the table is amended as follows:
|
14. |
section S.31.01 — Share of reinsurers (including Finite Reinsurance and SPV's) is amended as follow:
|
15. |
Section S.31.02 — Special Purpose Vehicles is amended as follows:
|
16. |
in section S.35.01 — Contribution to group Technical Provisions, the text in the third column (‘Instructions’) of row C0250 of the table is replaced by the following: ‘Indicate the amount of Total amount of TP gross of IGT (C0050) subject to volatility adjustment. The Technical Provisions are reported after transitional and with Risk Margin. The cell shall be filled in with amounts gross of reinsurance and IGT, including intra–group reinsurance.’; |
17. |
in section S.36.02 — IGT — Derivatives, the table is amended as follows:
|
18. |
section S.37.01 — Risk concentration, the table is amended as follows:
|
ANNEX IV
Annex VI to Implementing Regulation (EU) 2015/2450 is amended as follows:
1. |
the definition for CIC code 12, Supranational bonds is replaced by the following: ‘Bonds issued by public institutions established by a commitment between national states, e.g. issued by the multilateral development bank referred to in paragraph 2 of Article 117 of Regulation (EU) No 575/2013 or issued by the international organisation referred to in Article 118 of Regulation (EU) No 575/2013.’; |
2. |
the definition for CIC code 24, Money market instruments is replaced by the following: ‘Very short term debt securities (usually with maturities ranging from 1 day up to 1 year), consisting mainly of negotiable certificates of deposit (CDs), bankers acceptances and other highly liquid instruments. Commercial Paper is excluded from this category.’. |
ANNEX V
In Annex I to Implementing Regulation (EU) 2015/2450, in template S.23.01.04, row R0410 is replaced by the following:
‘Credit institutions, investment firms, financial institutions, alternative investment fund managers, UCITS management companies – total |
R0410’. |
|
|
|
|
|
ANNEX VI
Annex II to Implementing Regulation (EU) 2015/2450 is corrected as follows:
1. |
in section S.05.01 — Premiums, claims and expenses by line of business, under the heading ‘General comments’, the third paragraph is replaced by the following: ‘For quarterly reporting administrative expenses, investment management expenses, acquisition expenses, claims management expenses, overhead expenses shall be presented aggregated.’; |
2. |
in section S.12.01 — Life and Health SLT Technical Provisions, in the first column of the table, the items ‘C0020, C0030, C0060, C0090, C0100, C0160, C0190, C0200/R0010’ are replaced by the following: ‘C0020, C0030, C0060, C0090, C0100, C0110, C0120, C0130, C0140, C0160, C0190, C0200/R0010’. |
ANNEX VII
Annex III to Implementing Regulation (EU) 2015/2450 is corrected as follows:
— |
in section S.05.01 — Premiums, claims and expenses by line of business, under the heading ‘General comments’, the fifth paragraph is replaced by the following: ‘For quarterly reporting administrative expenses, investment management expenses, acquisition expenses, claims management expenses, overhead expenses shall be presented aggregated.’. |