EIOPA · 2563
Other
- Regulation
- (EU) No 2009/138 - Solvency II Directive (Insurance and Reinsurance)
- Article
- N/A
- Topic
- Other
- Submitted
- 2023-01-25
- Answered
- 2023-04-28
Question
Does Article 190 (Community co-insurance operations) apply for the benefit of non-EEA insurers?
Background
We are in discussions with a counterparty who are creating a binding authority writing European business. The debate is as to the intention of EIOPA Article 190. For risks that fall within the parameters, Articles 147-152 shall only apply to the lead insurer. Is it implied that insurers already have the ability to perform undertakings by way of freedom of services? Or can non-admitted non-EEA insurers place reliance on this Article to be permitted to write European risks?
Answer
The Q&A enquires bespoke advice. Thus, the question has been rejected because it does not relate to the practical application or implementation of the legal framework covered by this Q&A process.
Nevertheless, it is recalled that the Solvency II Directive covers the taking-up and pursuit of the business of Insurance and Reinsurance within the EEA.
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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