EIOPA · 3157
Solvency Capital Requirement (SCR)
- Regulation
- (EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
- Article
- 1(55a); 164(b)
- Topic
- Solvency Capital Requirement (SCR)
- Submitted
- 2024-09-25
- Answered
- 2024-12-11
Question
Are companies operating in the power generation business eligible for Qualifying Infrastructure Corporate Investments? For example, would a company primarily producing electricity through non-renewable sources be eligible?
Background
while it is clear that networks are eligible, it is harder to assess if energy production is eligible and considered an infra asset.
Answer
Investments in companies operating in the power generation business may be eligible for qualifying infrastructure corporate investments. As specified in Article 1(55a) of Commission Delegated Regulation (EU) 2015/35 (‘DR’), "infrastructure assets" refer to physical assets, structures, facilities, systems, and networks that provide or support essential public services. Companies primarily engaged in power generation, including those that produce electricity through non-renewable sources, fall under that definition. However, these companies must meet the specific criteria set out in Article 164b of the DR for the investments to be considered qualifying infrastructure corporate investments.
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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