EIOPA · 3346

Solvency Capital Requirement (SCR)

Name: Solvency Capital Requirement (SCR): EIOPA Q&A — EU Financial Regulatory Q&A
Creator: European Insurance and Occupational Pensions Authority
License: https://creativecommons.org/licenses/by/4.0/

Regulation: (EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Article: 212(4) and 213(1)
Topic: Solvency Capital Requirement (SCR)
Submitted: 2025-05-19
Answered: 2025-07-28

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Question

First, is a credit default swap considered a financial instrument? If so, is it correct that if a CDS is unrated. has constituents with credit rating 5 and comply article 209, then it cannot be used as risk mitigating?

Background

Investigating the requirements for credit derivatives to be used as risk mitigating under SII.

Answer

This question has been rejected because the issue raised is already explained in Articles 212(4) and 213(1) of Delegated Regulation (EU) 2015/35.An unrated credit default swap does not meet the requirements of Article 212(4) Delegated Regulation (EU) 2015/35, however it could still be used as risk mitigation technique if it complies with the requirements of Article 213(1) of the Delegated Regulation (EU) 2015/35.

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