EIOPA · 1167

1167

Regulation
(EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Article
4, 177
Submitted
2018-03-16
Answered
2019-09-06

Question

1. Article 4 para 5 refers to larger or more complex exposures of insurance undertaking"2. The provision of Article 4 para 6 delivers for the purpose of para 5 precising what kind of securitisation positions are "larger or more complex exposures of an undertaking". namely: "type 2 securitisation positions as referred to in Article 177 par. 3 and resecuritisatin positions"3. There is a doubt as to how one can interpret the words "shall include" in para 6. We see two options for possible interpretations of this phrase. Larger or more complex exposures of an undertaking shall include:a) Option 1: only type 2 securitisation positions as referred to in Article 177(3) and resecuritisation positions may be considered as "larger or more complex exposures of insurance undertaking" according to para. 5.b) Option 2: among others  type 2 securitisation positions must be included in the securitisation positions as referred to in Article 177(3) and resecuritisation positions.

Answer

We confirm that, in our view, "larger or more complex exposures of the insurance or reinsurance undertaking" referred to in Article 4(5) of Commission Delegated Regulation 2015/35 is not limited to the examples provided in Article 4(6) of this Regulation.

This Q&A is published by European Insurance and Occupational Pensions Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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