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ISSN 1977-0677 |
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Official Journal of the European Union |
L 299 |
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English edition |
Legislation |
Volume 61 |
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(1) Text with EEA relevance. |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
INTERNATIONAL AGREEMENTS
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26.11.2018 |
EN |
Official Journal of the European Union |
L 299/1 |
Information concerning the signing of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
The abovementioned Agreement between the European Union and the Kingdom of Morocco was signed in Brussels on 25 October 2018.
REGULATIONS
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26.11.2018 |
EN |
Official Journal of the European Union |
L 299/2 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/1843
of 23 November 2018
amending Implementing Regulation (EU) 2015/2452 as regards the scope of application of the template for disclosing premiums, claims and expenses by country
(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 Article 56 and Article 256(5) thereof,
Whereas:
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(1) |
Commission Implementing Regulation (EU) 2015/2452 (2) does not specify with sufficient clarity under which conditions insurance and reinsurance undertakings are not required to disclose the template set out in Section S.05.02. In order to enable insurance and reinsurance undertakings to determine their obligations with certainty, the general comments set out in Section S.05.02 of Annex II and Annex III to that Regulation should be clarified in that respect. |
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(2) |
Implementing Regulation (EU) 2015/2452 should therefore be amended accordingly. |
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(3) |
This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the Commission. |
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(4) |
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 (3), |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes II and III to Implementing Regulation (EU) 2015/2452 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 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) 2015/2452 of 2 December 2015 laying down implementing technical standards with regard to the procedures, formats and templates of the solvency and financial condition report in accordance with Directive 2009/138/EC of the European Parliament and of the Council (OJ L 347, 31.12.2015, p. 1285).
(3) 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
(1)
In Annex II to Implementing Regulation (EU) 2015/2452, in Section S.05.02 — Premiums, claims and expenses by country, under the heading ‘General comments’, the first paragraph is replaced by the following:‘This section relates to annual disclosure of information for individual entities. Insurance and reinsurance undertakings are not required to disclose template S.05.02.01 of Annex I where the home country represents 90 % or more of the total gross written premiums.’.
(2)
In Annex III to Implementing Regulation (EU) 2015/2452, in Section S.05.02. — Premiums, claims and expenses by country, under the heading ‘General comments’, the first paragraph is replaced by the following:‘This section relates to annual disclosure of information for groups. Participating insurance and reinsurance undertakings, insurance holding companies or mixed financial holding companies are not required to disclose template S.05.02.01 of Annex I where the home country represents 90 % or more of the total gross written premiums.’.
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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:
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(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. |
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(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. |
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(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. |
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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. |
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(5) |
Implementing Regulation (EU) 2015/2450 should therefore be amended accordingly. |
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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. |
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(7) |
This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the Commission. |
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(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:
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(1) |
in Article 2, the following point (d) is added:
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(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.’; |
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(3) |
Annex I is amended in accordance with Annex I to this Regulation; |
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(4) |
Annex II is amended in accordance with Annex II to this Regulation; |
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(5) |
Annex III is amended in accordance with Annex III to this Regulation; |
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(6) |
Annex VI is amended in accordance with Annex IV to this Regulation. |
Article 2
Implementing Regulation (EU) 2015/2450 is corrected as follows:
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(1) |
Annex I is corrected in accordance with Annex V to this Regulation; |
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(2) |
Annex II is corrected in accordance with Annex VI to this Regulation; |
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(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:
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1. |
in template S.01.02.01, the following row is added:
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2. |
in template S.01.02.04, the following row is added:
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3. |
template S.12.01.01 is amended as follows:
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4. |
template S.26.01.01 is amended as follows:
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5. |
template S.26.01.04 is amended as follows:
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6. |
template SR.26.01.01 is amended as follows:
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7. |
in template S.29.03.01, row R0300 is replaced by the following:
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8. |
template S.29.04.01 is amended as follows:
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9. |
template S.30.04.01 is amended as follows:
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10. |
in template S.37.01.04, between columns C0090 and C0100, the following new column C0091 ‘Internal rating’ is inserted: ‘Internal rating C0091’.
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ANNEX II
Annex II to Implementing Regulation (EU) 2015/2450 is amended as follows:
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1. |
in section S.01.02 — Basic information, in the table, the following row is added:
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2. |
section S.04.01 — Activity by country is amended as follows:
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3. |
section S.06.02 — List of assets is amended as follows:
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4. |
section S.06.03 — Collective investment undertakings — look–through approach is amended as follows:
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5. |
in section S.07.01 — Structured products, in the third column (‘Instructions’) of row C0100 of the table, the following point is added:
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6. |
in section S.08.01 — Open derivatives, the table is amended as follows:
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7. |
in section S.08.02 — Derivatives Transactions, the table is amended as follows:
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8. |
section S.11.01 — Assets held as collateral is amended as follows:
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9. |
in section S.12.01 — Life and Health SLT Technical Provisions the table is amended as follows:
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10. |
section S.14.01 — Life obligations analysis the table is amended as follows:
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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.’; |
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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.’; |
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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:
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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.’; |
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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.’; |
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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.’; |
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17. |
section S.23.04 — List of items on own funds is amended as follows:
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18. |
In section S.26.01 — Solvency Capital Requirement — Market risk the table is amended as follows:
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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.’; |
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20. |
section S.29.02 — Excess of Assets over Liabilities — explained by investments and financial liabilities is amended as follows:
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21. |
section S.29.03 — Excess of Assets over Liabilities — explained by technical provisions is amended as follows:
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22. |
section S.29.04 — Detailed analysis per period — Technical flows versus Technical provisions, the table is amended as follows:
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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.’; |
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24. |
section S.30.02 — Facultative covers for non–life and life business shares data is amended as follows:
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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:
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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:
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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:
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28. |
in section S.36.02 — IGT — Derivatives, the table is amended as follows:
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ANNEX III
Annex III to Implementing Regulation (EU) 2015/2450 is amended as follows:
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1. |
in section S.01.02 — Basic information, in the table, the following row is added:
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2. |
section S.03.01 — Off–balance sheet items — General is corrected as follows:
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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.’; |
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4. |
section S.06.02 — List of assets is amended as follows:
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5. |
section S.06.03 — Collective investment undertakings — look–through approach is amended as follows:
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6. |
in section S.07.01 — Structured products, in the third column (‘Instructions’) of row C0100 of the table, the following point is added:
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7. |
in section S.08.01 — Open derivatives, the table is amended as follows:
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8. |
in section S.08.02 — Derivatives Transactions, the table is amended as follows:
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9. |
section S.11.01 — Assets held as collateral is amended as follows:
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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.’; |
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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.’; |
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12. |
section S.23.04 — List of items on own funds is amended as follows:
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13. |
In section S.26.01 — Solvency Capital Requirement — Market risk the table is amended as follows:
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14. |
section S.31.01 — Share of reinsurers (including Finite Reinsurance and SPV's) is amended as follow:
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15. |
Section S.31.02 — Special Purpose Vehicles is amended as follows:
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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.’; |
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17. |
in section S.36.02 — IGT — Derivatives, the table is amended as follows:
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18. |
section S.37.01 — Risk concentration, the table is amended as follows:
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ANNEX IV
Annex VI to Implementing Regulation (EU) 2015/2450 is amended as follows:
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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.’; |
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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:
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‘Credit institutions, investment firms, financial institutions, alternative investment fund managers, UCITS management companies – total |
R0410’. |
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ANNEX VI
Annex II to Implementing Regulation (EU) 2015/2450 is corrected as follows:
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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.’; |
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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:
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— |
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.’. |
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26.11.2018 |
EN |
Official Journal of the European Union |
L 299/55 |
REGULATION (EU) 2018/1845 OF THE EUROPEAN CENTRAL BANK
of 21 November 2018
on the exercise of the discretion under Article 178(2)(d) of Regulation (EU) No 575/2013 in relation to the threshold for assessing the materiality of credit obligations past due (ECB/2018/26)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 4(3), Article 6, and Article 9(1) and (2) thereof,
Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (2), and in particular Article 178(2) thereof,
Having regard to Commission Delegated Regulation (EU) 2018/171 of 19 October 2017 on supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for the materiality threshold for credit obligations past due (3), in particular Articles 1 to 3 and 6 thereof,
Having regard to the public consultation and the analysis carried out pursuant to Article 4(3) of Regulation (EU) No 1024/2013,
Having regard to the proposal from the Supervisory Board approved in accordance with Article 26(7) of Regulation (EU) No 1024/2013,
Whereas:
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(1) |
The European Central Bank (ECB) is empowered to adopt regulations in accordance with Article 132 of the Treaty on the Functioning of the European Union. In addition, Article 132 of the Treaty and Article 34 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), by referring to Article 25.2 of the Statute of the ESCB, entrust the ECB with regulatory powers to the extent necessary to implement specific tasks concerning policies relating to the prudential supervision of credit institutions. |
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(2) |
European Union law concerning prudential requirements for credit institutions provides for options and discretions that competent authorities may exercise. |
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(3) |
The ECB is the competent authority in the participating Member States as established by relevant Union law for the purpose of carrying out its microprudential tasks within the single supervisory mechanism (SSM) under Regulation (EU) No 1024/2013 in respect of credit institutions that are classified as significant in accordance with Article 6(4) of that Regulation and Part IV and Article 147(1) of Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (4). Therefore, it has all the powers and obligations that competent authorities have under relevant Union law. In particular, the ECB has the power to exercise the options and discretions available in Union law. |
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(4) |
The ECB carries out its supervisory tasks within the SSM, which should ensure that the Union's policy relating to the prudential supervision of credit institutions is implemented in a coherent and effective manner, that the single rulebook for financial services is applied in the same manner to credit institutions in all Member States concerned, and that those credit institutions are subject to supervision of the highest quality. In carrying out its supervisory tasks, the ECB should have full regard to the diversity of credit institutions and their size and business models, as well as the systemic benefits of diversity in the Union's banking industry. |
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(5) |
The consistent application of prudential requirements for credit institutions within the Member States participating in the SSM is a specific objective of Regulation (EU) No 1024/2013 and Regulation (EU) No 468/2014 (ECB/2014/17) and is entrusted to the ECB. |
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(6) |
In accordance with Regulation (EU) No 1024/2013, the ECB applies all relevant Union law and, where this Union law is composed of directives, the national legislation transposing those directives. Where the relevant Union law is composed of regulations and where currently those regulations explicitly grant options and discretions for Member States, the ECB should also apply the national legislation exercising those options and discretions. Such national legislation should not affect the smooth functioning of the SSM, for which the ECB is responsible. |
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(7) |
Such options and discretions do not include those granted by Union law to competent authorities which the ECB is solely competent to exercise and should exercise as appropriate. |
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(8) |
In exercising options and discretions, the ECB should take account of the general principles of Union law, in particular equal treatment, proportionality and the legitimate expectations of supervised credit institutions. |
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(9) |
With regard to the legitimate expectations of supervised credit institutions, the ECB acknowledges the need to allow for transitional periods where its exercise of discretions significantly departs from the approach taken by the national competent authorities prior to the entry into force of this Regulation. In this respect, both credit institutions applying the Standardised Approach and the Internal Ratings Based Approach should have an appropriate transitional period. Therefore, credit institutions must apply the threshold for the assessment of the materiality of a credit obligation past due set by this Regulation not later than 31 December 2020 and must notify the ECB, before 1 June 2019, of the exact date on which they will commence applying such threshold. |
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(10) |
Article 178(2)(d) of Regulation (EU) No 575/2013 gives the competent authorities the power to set a threshold for assessing the materiality of a credit obligation past due as referred to in Article 178(1)(b). In setting such a threshold, the ECB should take into account the criteria set out in Delegated Regulation (EU) 2018/171. |
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(11) |
The ECB considers that the threshold in this Regulation for assessing the materiality of a credit obligation past due as referred to in Article 178(1)(b) of Regulation (EU) No 575/2013 reflects a reasonable level of risk and its application will enable increased comparability of capital requirements among supervised credit institutions. |
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(12) |
Article 143(1)(b) of Directive 2013/36/EU of the European Parliament and of the Council (5) requires competent authorities to publish the manner of exercise of the options and discretions available in Union law, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
The ECB hereby exercises the discretion conferred on competent authorities under Article 178(2)(d) of Regulation (EU) No 575/2013 in relation to the threshold for assessing the materiality of credit obligations past due. This Regulation shall apply exclusively with regard to credit institutions classified as significant in accordance with Article 6(4) of Regulation (EU) No 1024/2013 and Part IV and Article 147(1) of Regulation (EU) No 468/2014 (ECB/2014/17) and irrespective of the method used for the calculation of their risk-weighted exposure amounts.
Article 2
Definitions
For the purpose of this Regulation, the definitions contained in Article 4 of Regulation (EU) No 575/2013, Article 2 of Regulation (EU) No 1024/2013 and Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17) shall apply.
Article 3
Article 178(2)(d) of Regulation (EU) No 575/2013: threshold for the assessment of the materiality of a credit obligation past due
1. For the purpose of Article 178(2)(d) of Regulation (EU) No 575/2013, credit institutions shall assess the materiality of a credit obligation past due against the following threshold, which comprises two components:
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(a) |
a limit in terms of the sum of all amounts past due owed by the obligor to the credit institution, the parent undertaking of that credit institution or any of its subsidiaries (hereinafter the ‘credit obligation past due’), equal:
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(b) |
a limit in terms of the amount of the credit obligation past due in relation to the total amount of all on-balance sheet exposures to that obligor for the credit institution, the parent undertaking or any of its subsidiaries, excluding equity exposures, equal to 1 %. |
2. For credit institutions applying the definition of default laid down in points (a) and (b) of the first subparagraph of Article 178(1) of Regulation (EU) No 575/2013 for retail exposures at the level of an individual credit facility, the threshold laid down in paragraph 1 shall apply at the level of the individual credit facility granted to the obligor by the credit institution, the parent undertaking or any of its subsidiaries.
3. A default shall be deemed to have occurred when both of the limits set out in points (a) and (b) of paragraph 1 are exceeded for 90 consecutive days.
Article 4
Date of application of the materiality threshold
Credit institutions shall apply the threshold for the assessment of the materiality of a credit obligation past due set by this Regulation not later than 31 December 2020. They shall notify the ECB, before 1 June 2019, of the exact date on which they will commence applying such threshold.
Article 5
Entry into force
This Regulation shall enter into force on 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 the Member States in accordance with the Treaties.
Done at Frankfurt am Main, 21 November 2018.
For the Governing Council of the ECB
The President of the ECB
Mario DRAGHI
(1) OJ L 287, 29.10.2013, p. 63.
(2) OJ L 176, 27.6.2013, p. 1.
(4) Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).
(5) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
DIRECTIVES
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26.11.2018 |
EN |
Official Journal of the European Union |
L 299/58 |
COMMISSION DIRECTIVE (EU) 2018/1846
of 23 November 2018
amending the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to take into account scientific and technical progress
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on inland transport of dangerous goods (1), and in particular Article 8(1) thereof,
Whereas:
|
(1) |
Section I.1 of Annex I, Section II.1 of Annex II and Section III.1 of Annex III to Directive 2008/68/EC refer to provisions set out in international agreements on the inland transport of dangerous goods by road, rail and inland waterways as defined in Article 2 of that Directive. |
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(2) |
The provisions of those international agreements are updated every two years. Consequently, the last amended versions of those agreements shall apply as from 1 January 2019, with a transitional period up to 30 June 2019. |
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(3) |
Section I.1 of Annex I, Section II.1 of Annex II and Section III.1 of Annex III to Directive 2008/68/EC should therefore be amended accordingly. |
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(4) |
The measures provided for in this Directive are in accordance with the opinion of the Committee on the transport of dangerous goods, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
Amendments to Directive 2008/68/EC
Directive 2008/68/EC is amended as follows:
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1. |
In Annex I, Section I.1 is replaced by the following: ‘I.1 ADR Annexes A and B to the ADR, as applicable with effect from 1 January 2019, it being understood that ‘contracting party’ is replaced by ‘Member State’ as appropriate.’; |
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2. |
In Annex II, Section II.1 is replaced by the following: ‘II.1 RID Annex to the RID, appearing in Appendix C to the COTIF, as applicable with effect from 1 January 2019, it being understood that ‘RID Contracting State’ is replaced by ‘Member State’ as appropriate.’; |
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3. |
In Annex III, Section III.1 is replaced by the following: ‘III.1 ADN Annexed Regulations to the ADN, as applicable with effect from 1 January 2019, as well as Articles 3(f), 3(h), 8(1), 8(3) of the ADN, it being understood that ‘contracting party’ is replaced by ‘Member State’ as appropriate.’. |
Article 2
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2019 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 23 November 2018.
For the Commission,
On behalf of the President,
Violeta BULC
Member of the Commission