11 Amendments of Christophe HANSEN related to 2021/0295(COD)
Amendment 224 #
Proposal for a directive
Recital 9
Recital 9
(9) Prior toUpon the granting of authorisation, the supervisory authority of the home Member State should consultnotify the supervisory authorities of any Member States concerned. In view of increased cross-border insurance activities, it is necessary to enhance the convergent application of Union law in cases of cross-border insurance activity and the exchange of information between the supervisory authorities, in particular before authorisations are granted. Therefore, where several supervisory authorities need to be consulted, any supervisory authority concerned should be allowed to request a joint assessment of an application for authorisation from the supervisory authority of the Member State where the authorisation process is ongoing.
Amendment 397 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2009/138/EC
Article 33a – paragraph 1 – subparagraph 1
Article 33a – paragraph 1 – subparagraph 1
1. In the event of significant cross- border activities carried out by insurance and reinsurance undertakings under the right of establishment or the freedom to provide services, as part of the supervisory review process as determined by the home supervisor, the supervisory authority of the home Member State shall cooperate with the supervisory authority of the host Member State to assess whether the insurance undertaking has a clear understanding of the risks that it faces, or may face, in the host Member State.
Amendment 402 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2009/138/EC
Article 33a – paragraph 2
Article 33a – paragraph 2
2. The supervisory authority of the home Member State shall, in a timely manner, inform the supervisory authority of the host Member State about the outcome of its supervisory review process related to the cross-border activity whereand the host supervisor should advise on potential issues of compliance with the provisions applicable in the host Member State have been identified.
Amendment 406 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2009/138/EC
Article 33a – paragraph 3
Article 33a – paragraph 3
3. For the purpose of this Article, ‘significant cross-border activities’ are insurance and reinsurance activities carried out by an insurance or reinsurance undertaking under the right of establishment and those carried out under the freedom to provide services in a given host Member State, which exceed 5 % of the annual gross written premium of the undertaking, measured with reference to the last available financial statement of the undertaking.are deemed significant by the home and host supervisors, based on a qualitative assessments;
Amendment 691 #
Proposal for a directive
Article 1 – paragraph 1 – point 56
Article 1 – paragraph 1 – point 56
Directive 2009/138/EC
Article 149 – paragraph 2
Article 149 – paragraph 2
2. Where there is a change in the business pursued by the insurance undertaking under the freedom to provide services that is materially affecting its risk profile or materially influencing the insurance activities in one or more host Member States, the insurance undertaking shall inform the supervisory authority of the home Member State immediately. The supervisory authority of the home Member State shall inform the supervisory authorities of the host Member States concerned without delay.in one month;
Amendment 693 #
Proposal for a directive
Article 1 – paragraph 1 – point 57
Article 1 – paragraph 1 – point 57
Directive 2009/138/EC
Article 152a – paragraph 2
Article 152a – paragraph 2
2. The supervisory authority of the home Member State shall notify EIOPA and the supervisory authority of the relevant host Member State if it identifies deteriorating financial conditions or other emerging risks, including those concerning consumer protection, posed by an insurance or reinsurance undertaking carrying out activities which are based on the freedom to provide services or the freedom of establishment and which may have a cross- border effect. The supervisory authority of the host Member State may also notify EIOPA and the supervisory authority of the relevant home Member State where it has serious and reasoned concerns with regard to consumer protection. The supervisory authorities may refer the matter to EIOPA and request its assistance where no bilateral solution can be found.;
Amendment 703 #
Proposal for a directive
Article 1 – paragraph 1 – point 59
Article 1 – paragraph 1 – point 59
Directive 2009/138/EC
Article 153 – paragraph 1
Article 153 – paragraph 1
The supervisory authority of the host Member State may require the information which it is entitled to request with regard to the business of an insurance undertaking operating in the territory of that Member State either from the supervisory authority of the home Member State of that undertaking or from the insurance undertaking. That information shall be supplied within a reasonable period of time in the official language or languages of the host Member State, or in another language accepted by the supervisory authority of the host Member State. Where the supervisory authority of the host Member State addresses the insurance undertaking directly, it shall informand, if requested, the home supervisor will make a reasonable attempt to provide in another language accepted by the supervisory authority of the homest Member State, about the information request.;
Amendment 709 #
Proposal for a directive
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 1 – subparagraph 2
Article 159a – paragraph 1 – subparagraph 2
For the purposes of this Article, ‘significant cross-border activities’ means insurance and reinsurance activities carried out under the right of establishment and those carried out under the freedom to provide services in a Member State for which the annual gross written premium exceeds 5 % of the annual gross written premium of the undertaking, measured with reference to the last available financial statements of the undertaking, as established following an assessment under the proportionality principle.
Amendment 710 #
Proposal for a directive
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 2 – subparagraph 1
Article 159a – paragraph 2 – subparagraph 1
2. Where an insurance or reinsurance undertaking does not comply with or is likely not to comply with the Minimum Capital Requirement in the following three months, or where there is a significant non-compliance with the Solvency Capital Requirement, and in the absence of appropriate measures by the supervisory authority of the home Member State to appropriately remedy such situation, the supervisory authority of the host Member State in which that undertaking has significant cross-border activities, may request the supervisory authority of the home Member State to carry out jointly an o assist in the preparation of a non-site inspection ofwith the insurance or reinsurance undertaking, explaining the reasons for such a requestsupervisory authority of the home Member State.
Amendment 712 #
Proposal for a directive
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 3 – subparagraph 3
Article 159a – paragraph 3 – subparagraph 3
Where the supervisory authorities disagree on the conclusions of the joint on-site inspection, either of them may, within two months following the expiry of the period referred to in the second subparagraph , and without prejudice to the supervisory actions and powers to be taken by the supervisory authority of the home Member State to address the non-compliance with the Solvency Capital Requirement or the non-compliance or likely non-compliance with the Minimum Capital Requirement, refer the matter to EIOPA and request its assistance in accordance with Article 19 of Regulation (EU) No 1094/2010. The matter shall not be referred to EIOPA after the expiry of the two-month period referred to in this subparagraph nor after an agreement on joint conclusions has been reached between supervisory authorities in accordance with the second subparagraph.
Amendment 713 #
Proposal for a directive
Article 1 – paragraph 1 – point 60
Article 1 – paragraph 1 – point 60
Directive 2009/138/EC
Article 159a – paragraph 3 – subparagraph 4
Article 159a – paragraph 3 – subparagraph 4