62 Amendments of Elisa FERREIRA related to 2007/0143(COD)
Amendment 97 #
Proposal for a directive
Recital 43
Recital 43
(43) It is necessary that the Minimum Capital Requirement is calculated in accordance with a simple formula, on the basis ofwhich is consistent with the risk-based approach of the Solvency Capital Requirement and is based on data which can be audited.
Amendment 105 #
Proposal for a directive
Recital 64 a (new)
Recital 64 a (new)
(64a) Where they exist, mutual companies, mutual associations or provident societies do not have share capital to sell or exchange, but have the opportunity to constitute groups by setting up long-lasting financial relationships (such as formal and reciprocal financial support contracts or joint guarantee schemes) managed by a legal entity exerting a significant influence over them. Those financial relationships are subject to the approval of the supervisory authority of the Member State where the legal entity is situated and ought to be as much as needed supervised as groups.
Amendment 111 #
Proposal for a directive
Recital 70 a (new)
Recital 70 a (new)
(70a) In the context of the approval of internal models and the functioning of the group support regime, this Directive provides a consultative role for CEIOPS. Within that framework, CEIOPS' advice should be fully taken into account by the supervisory authority having the power to take the final decision, so that a "comply or explain" mechanism is implemented.
Amendment 317 #
Proposal for a directive
Article 98 – paragraph 1 – introductory part
Article 98 – paragraph 1 – introductory part
1. As far as the Solvency Capital Requirement is concerned, the amounts of Tier 21 and Tier 3 items shall be subject to the following limits:
Amendment 319 #
Proposal for a directive
Article 98 – paragraph 1 – point a
Article 98 – paragraph 1 – point a
(a) in order to ensure that the proportion of Tier 1 items in the eligible own funds is higher than one third of the total eligible own funds, the eligible amount of Tier 2 together with the eligible amount of Tier 3 shall be limited to twice the total amount of Tier 1 items;Solvency Capital Requirement; and
Amendment 324 #
Proposal for a directive
Article 98 – paragraph 1 – point b
Article 98 – paragraph 1 – point b
(b) in order to ensure that the proportion of Tier 3 items in the eligible own funds is less than one third of the total eligible own funds, the eligible amount of Tier 3 shall be limited to half the totalthe amount of Tier 1 and eligible amount of Tier 2 itemown funds.
Amendment 329 #
Article 98 – paragraph 2
2. As far as the Minimum Capital Requirement is concerned, in order to ensure that the proportion of Tier 1 items in the eligible basic own funds shall be higher than one half of the totalthe eligible basic own funds, the amount of basic own fund items eligible to cover the Minimum Capital Requirement which are classified in Tier 2 shall be limited to the total amount of Tier 1 items which are classified in Tier 2.
Amendment 333 #
Proposal for a directive
Article 98 – paragraph 2 a (new)
Article 98 – paragraph 2 a (new)
2a. Surplus funds in accordance with Article 90 shall never be eligible to cover the Minimum Capital Requirement.
Amendment 336 #
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
Amendment 339 #
Proposal for a directive
Article 98 – paragraph 4
Article 98 – paragraph 4
Amendment 342 #
Proposal for a directive
Article 98 – paragraph 5
Article 98 – paragraph 5
Amendment 347 #
Proposal for a directive
Article 99 – paragraph 1
Article 99 – paragraph 1
The Commission shall adopt implementing measures laying down: (a) the specific limits applicable to sub- tiers, where sub-tiers have been introduced; (b) the adjustments that should be made to reflect the lack of transferability of those own funds items that can only be used to cover losses arising from a particular segment of liabilities or from particular risks.
Amendment 386 #
Proposal for a directive
Article 109 – paragraph 1 – subparagraph 1 – point g a (new)
Article 109 – paragraph 1 – subparagraph 1 – point g a (new)
(ga) the method and adjustments to be used to reflect the reduced scope for risk diversification for insurance and reinsurance undertakings exploring segregated business segments;
Amendment 399 #
Proposal for a directive
Article 127 – paragraph 1 – point a
Article 127 – paragraph 1 – point a
(a) it shall be calculated inas a clear and simple manner, and in such a way as to ensure that the calculation can be auditedpercentage of technical provisions, written premiums, capital at risk and administrative expenses, depending on the type of business;
Amendment 407 #
Proposal for a directive
Article 127 – paragraph 1 – point b
Article 127 – paragraph 1 – point b
b) the Minimum Capital Requirement shall correspond to an amount of eligible basic own funds below which policyholders and beneficiaries are exposed to an unacceptable level of risk ifbe subject to a floor and a cap calculated as a percentage of the Solvency Capital Requirement calibrated to the Value-at- Risk of the basic own funds of an insurance andor reinsurance undertakings were allowed to continue their operations subject to a confidence level in the range of 80 % to 90 % over a one-year period;
Amendment 409 #
Proposal for a directive
Article 127 – paragraph 1 – point c
Article 127 – paragraph 1 – point c
(c) the level of the Minimum Capital Requirement shall be subject to a floor and a cap calculated as a percentage of the Solvency Capital Requirement calibrated to the Value-at-Risk of the basic own funds of an insurance or reinsurance undertaking subject to a confidence level in the range of 80% to 90% over a one-year period;
Amendment 485 #
Proposal for a directive
Article 183 – paragraph 3 a (new)
Article 183 – paragraph 3 a (new)
3a. In addition, specific information shall be supplied in order to provide a proper understanding of the risks underlying the contract which are assumed by policyholders.
Amendment 503 #
Proposal for a directive
Article 210 – paragraph 2 a (new)
Article 210 – paragraph 2 a (new)
2a. For the purposes of this Title, any undertaking that have set up long-lasting financial relationships through a legal entity shall be deemed to be a related undertaking and the legal entity shall be deemed to be a participating undertaking, in the event that the following conditions are met: (a) the setting up or dissolution of such financial relationships are subject to prior approval of the supervisory authority of the Member State where the legal entity is situated; (b) in the opinion of the supervisory authority of the Member State where the legal entity is situated, the legal entity effectively exercises, through such financial relationships, a significant influence over the undertakings concerned. In addition, where, in the opinion of the supervisory authority referred to in the first subparagraph, the legal entity effectively exercises a dominant influence over any of the undertakings in respect of which long-lasting financial relationships have been set up, those undertakings shall be deemed to be subsidiaries and the legal entity shall be deemed to be their parent undertaking.
Amendment 538 #
Proposal for a directive
Article 234 – point c
Article 234 – point c
(c) the parent undertaking has declared, in writing and in a legally binding document accepted by the group supervisor in accordance with Article 237, that it guarantees that basic own funds eligible under Article 98(5) will be transferred, where necessary, be rapidly transferred and up to the limit resulting from the application of Article 237;
Amendment 544 #
Proposal for a directive
Article 234 – point d
Article 234 – point d
(d) an application for permission to be subject to Articles 236 to 241 has been introducsubmitted by the parent undertaking and a favourable decision has been made on such application in accordance with the procedure set out in Article 235.;
Amendment 546 #
Proposal for a directive
Article 234 – point d a (new)
Article 234 – point d a (new)
(da) the group has sufficient eligible basic own funds classified as tier 1 to cover 50 % of the group's Solvency Capital Requirement.
Amendment 550 #
Proposal for a directive
Article 234 – paragraph 1 a (new)
Article 234 – paragraph 1 a (new)
For the purposes of applying the rules laid down in Articles 236 to 241 to a new subsidiary where another subsidiary of the insurance or reinsurance undertaking already benefits from those rules, any request for a transfer of funds in accordance with Article 240 shall be complied with in addition to the conditions laid down in the first paragraph.
Amendment 552 #
Proposal for a directive
Article 235 – paragraph 1 – subparagraph 1
Article 235 – paragraph 1 – subparagraph 1
1. In the case of applications for permission to be subject to the rules laid down in Articles 236 to 241, the supervisory authorities concerned shall work together, in full consultation, within the college of supervisors as referred to in Article 252(2), to decide whether or not to grant the permission sought and to determine the other terms and conditions, if any, to which such permission should be subject.
Amendment 555 #
Proposal for a directive
Article 235 – paragraph 1 – subparagraph 2
Article 235 – paragraph 1 – subparagraph 2
An application as referred to in the first subparagraph shall be submitted only to the group supervisor. The group supervisor shall inform and forward the complete application to the other supervisory authorities concerned without delay.
Amendment 559 #
Proposal for a directive
Article 235 – paragraph 2 – subparagraph 1
Article 235 – paragraph 2 – subparagraph 1
2. The supervisory authorities concerned shall do everything within their power to reach a joint decision on the application within six months from the date of receipt of the complete application by the group supervisorall the supervisory authorities concerned.
Amendment 560 #
Proposal for a directive
Article 235 – paragraph 2 – subparagraph 2
Article 235 – paragraph 2 – subparagraph 2
Amendment 565 #
Proposal for a directive
Article 235 – paragraph 2 a (new)
Article 235 – paragraph 2 a (new)
Amendment 567 #
Proposal for a directive
Article 235 – paragraph 2 b (new)
Article 235 – paragraph 2 b (new)
2b. In the event that the group supervisor and the supervisory authorities concerned are not able to reach a joint decision, the matter shall be referred to the CEIOPS, which shall give its advice within two months of such referral.
Amendment 576 #
Proposal for a directive
Article 235 – paragraph 3
Article 235 – paragraph 3
3. In the absence of a joint decision between the supervisory authorities concerned within six months, the group supervisor shall make its own decision on the applicationThe group supervisor shall make its own decision on the application within one month after receiving the CEIOPS' advice In making the decision, the group supervisor shall fully take into account the advice of that Committee. The decision shall be set out in a document containing the fully reasoned decision and shall take into account the views and reservs and an explanations of the other supervisory authorities concerned expressed within a six months period. The decision shall be provided to the applicant andany significant deviation from the positions of the other supervisory authorities concerned byor the group supervisoradvice of CEIOPS. That decision shall be recognised as determinative andfinal and shall be applied by the supervisory authorities concerned.
Amendment 602 #
Proposal for a directive
Article 236 – paragraph 3 a (new)
Article 236 – paragraph 3 a (new)
3a. The group supervisor and the supervisory authority shall reach a joint decision within two months. The joint decision shall be set out in a document containing full reasons, which shall be transmitted to the subsidiary by the supervisory authority.
Amendment 606 #
Proposal for a directive
Article 236 – paragraph 4 – subparagraph 1
Article 236 – paragraph 4 – subparagraph 1
4. Where the supervisory authority and the group supervisor disagree, or in the absence of a decision from the group supervisor within one month from the proposal of the supervisory authorityare not able to reach a joint decision, the matter shall be referred for consultation to the Committee of European Insurance and Occupational Pensions Supervisors, which shall give its advice within two months.
Amendment 609 #
Proposal for a directive
Article 236 – paragraph 4 – subparagraph 2
Article 236 – paragraph 4 – subparagraph 2
Amendment 616 #
Proposal for a directive
Article 236 – paragraph 4 – subparagraph 3
Article 236 – paragraph 4 – subparagraph 3
Amendment 620 #
Proposal for a directive
Article 236 – paragraph 4 a (new)
Article 236 – paragraph 4 a (new)
4a. The group supervisor shall make its own decision on the request within one month after receiving CEOPS' advice. In making its decision, the group supervisor shall fully take into account the advice from that Committee. The decision shall be set out in a document containing the fully reasoned decision and an explanation of any significant deviation from the position of the supervisory authority and from the advice of the CEIOPS. The final decision shall be submitted by the group supervisor to the supervisory authority which shall submit it to the subsidiary.
Amendment 621 #
Proposal for a directive
Article 236 – paragraph 4 b (new)
Article 236 – paragraph 4 b (new)
4b. In derogation from paragraph 4a, when the capital add-on proposed by the supervisor authority is based on a significant deviation of the risk profile of the subsidiary, according to the conditions laid down in Article 37, due to the inappropriate consideration of underwriting risks that are specific to the national market, the final decision is taken by the supervisory authority.
Amendment 639 #
Proposal for a directive
Article 237 – paragraph 2
Article 237 – paragraph 2
2. The group support shall take the form of a written declaration to the group supervisor, expressed in a legally binding document, by which funds can be called on first demand, and constituting a commitment for the parent undertaking to transfer own funds eligible under Article 98(5) to the subsidiary concerned, notwithstanding any provisions of relevant national company law or any other relevant national law.
Amendment 643 #
Proposal for a directive
Article 237 – paragraph 2 a (new)
Article 237 – paragraph 2 a (new)
2a. The group support shall be provided from eligible own funds available in the parent undertaking or in another subsidiary when there is clear evidence that no legal impediment to the transfer of own funds from that subsidiary will arise, including in crisis situations.
Amendment 644 #
Proposal for a directive
Article 237 – paragraph 3 – introductory part
Article 237 – paragraph 3 – introductory part
3. Before accepting the declaration referred to in paragraph 2, the group supervisor shall verifyparent undertaking should demonstrate the following:
Amendment 649 #
Proposal for a directive
Article 237 – paragraph 3 – point a a (new)
Article 237 – paragraph 3 – point a a (new)
(aa) that the group has sufficient eligible own funds above the group Minimum Capital Requirement, at least equal to the part of the group support proposed that correspond to diversification effects;
Amendment 650 #
Proposal for a directive
Article 237 – paragraph 3 – point a b (new)
Article 237 – paragraph 3 – point a b (new)
(ab) that the group maintains an adequate liquidity management system in order to ensure potential needs to transfer funds;
Amendment 666 #
Proposal for a directive
Article 238 – title
Article 238 – title
Subsidiaries of an insurance or reinsurance undertaking: mnonitoring the Solvency-compliance with the Capital Requirement Solvency Capital Requirement
Amendment 670 #
Proposal for a directive
Article 238 – paragraph 1
Article 238 – paragraph 1
1. By way of derogation from Article 136, the supervisory authority having authorised the subsidiary shall not be responsible for enforcing its Solvency Capital Requirement by taking measures at the level of the subsidiary. That supervisory authority shall however continue to monitorparagraphs 2 and 3 of Article 136, in cases of non- compliance with the Solvency Capital Requirement of the subsidiary aprocedures set out in the paragraphs 2 and 3to 4b shall apply.
Amendment 674 #
Proposal for a directive
Article 238 – paragraph 2
Article 238 – paragraph 2
2. Whereithin two months of the observation that the Solvency Capital Requirement is no longer fully covered by the combination of own funds eligible under Article 98(4) and the amount of group support declared in accordance with Article 237, but the own funds eligible under Article 98(5) are sufficient to cover the minimum cthe subsidiary shall submit, a plan for the reestablishment of the coverage of the Solvency Capital rRequirement, to the supervisory authority may call on the parent undertaking tofor approval within three months of the observation of the non-compliance, either by increasing the level of eligible own funds or provideing a new declaration bringing theof group support to the amount necessary to ensure that the Solvency Capital Requirement is again fully covered. The supervisory authority shall inform and forward the plan to the group supervisor without delay.
Amendment 679 #
Proposal for a directive
Article 238 – paragraph 2 a (new)
Article 238 – paragraph 2 a (new)
2a. Before approving the plan, the supervisory authority shall ensure that the group supervisor accepts the proposed transfer of eligible own funds or the new declaration of group support by the parent undertaking set out in the plan.
Amendment 680 #
Proposal for a directive
Article 238 – paragraph 2 b (new)
Article 238 – paragraph 2 b (new)
2b. Where the plan is not approved and the level of the Solvency Capital Requirement of the subsidiary is not re- established within the timetable referred in paragraph 2, the derogations provided for in Articles 236 and 237 and in paragraph 1 shall cease to apply to all subsidiaries.
Amendment 686 #
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 1
Article 238 – paragraph 4 – subparagraph 1
Amendment 692 #
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 2
Article 238 – paragraph 4 – subparagraph 2
Amendment 703 #
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 3
Article 238 – paragraph 4 – subparagraph 3
The supervisory authorityies having authorised the subsidiaryies shall regain full responsibility for setting the Solvency Capital Requirement of the subsidiary and taking appropriate measures to ensure that ithe Solvency Capital Requirement is adequately met by own funds eligible under Article 98(4). The parent undertaking shall however not be released from the commitment resulting from the most recent declaration accepted.
Amendment 706 #
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 4 b (new)
Article 238 – paragraph 4 – subparagraph 4 b (new)
Amendment 714 #
Proposal for a directive
Article 240 – paragraph 1 – subparagraph 2
Article 240 – paragraph 1 – subparagraph 2
Where the parent undertaking does not rapidly transfer eligible own funds to the subsidiary, the group supervisor shall use all powers available, including the power available under Article 142, to ensure that the groupparent undertaking provides the requested transfer as soon as is practicable.
Amendment 720 #
Proposal for a directive
Article 240 – paragraph 2 – subparagraph 1
Article 240 – paragraph 2 – subparagraph 1
2. Group support may be provided from eligible own funds present in the parent undertaking or in any subsidiary within the group support regime, subject to that subsidiary, where it is an insurance or reinsurance undertaking, having eligible own funds in excess of its minimum capital requirement. The supervisory authority having authorised that subsidiary shall not prevent the transfer of such excess eligible own funds.
Amendment 730 #
Proposal for a directive
Article 242 – paragraph 1 – subparagraph 2
Article 242 – paragraph 1 – subparagraph 2
In the case referred to in point (a) of the first subparagraph, where the group supervisor decides no longer to include thea subsidiary benefiting from group support in the group supervision it carries out, it shall immediately inform the supervisory authority concernedpreviously discuss it within the college of supervisors.
Amendment 735 #
Proposal for a directive
Article 242 – paragraph 2
Article 242 – paragraph 2
2. When the derogations provided for in Articles 236, 237 and 238 cease to apply, the supervisory authority having authorised the subsidiary shall regain full responsibility for settingtake appropriate measures to ensure that the Solvency Capital Requirement of the subsidiary and taking appropriate measures to ensure that it is adequately met by own funds eligible under Article 98(4). The parent undertaking shall however not be released from the commitments resulting from the most recent declarations accepted in accordance with Articles 237, 238 and 240.
Amendment 737 #
Proposal for a directive
Article 243 – paragraph 2 a (new)
Article 243 – paragraph 2 a (new)
2a. In the event that the group no longer has sufficient eligible own funds to cover the minimum consolidated group Solvency Capital Requirement referred to in Article 228(2) as well as half of the difference between this amount and the consolidated group Solvency Capital Requirement, the group supervisor or any of the supervisory authorities concerned may call for the college of supervisors to analyse the situation of the group. Taking into account the analysis within the college of supervisors, the group supervisor shall decide if it is appropriate to maintain the derogations provided for in Articles 236, 237 and 238.
Amendment 738 #
Proposal for a directive
Article 243 – paragraph 3
Article 243 – paragraph 3
3. When the derogations provided for in Articles 236, 237 and 238 cease to apply, the supervisory authorities having authorised any subsidiary to which the rules laid down in Articles 236 to 241 apply shall regain full responsibility for settingtake the appropriate measures to ensure that the Solvency Capital Requirement of these subsidiaries and taking appropriate measures to ensure that it is adequately met by own funds eligible under Article 98(4). The parent undertaking shall however not be released from the commitments resulting from the most recent declarations accepted in accordance with Articles 237, 238 and 240.
Amendment 744 #
Proposal for a directive
Article 244 – paragraph 1
Article 244 – paragraph 1
1. Where several requests to transfer eligible own funds are addressed to the parent undertaking and the group supervisor in accordance with Articles 238 or 239, and the group does not have sufficient eligible own funds to meet all of those together, the amounts resulting from the most recent declarations accepquested shall be reduced where necessary. The reduction shall be calculated for each subsidiary with a view to: (a) aiming first at recapitalisation to the level of the Minimum Capital Requirement of the subsidiaries; and (b) ensuring that each subsidiary is subject to the same ratio between the sum of its available assets and any transfer from the group on the one hand and the sum of its technical provisions and its minimum cSolvency Capital rRequirement on the other hand.
Amendment 751 #
Proposal for a directive
Article 245 – paragraph 1 – point a a (new)
Article 245 – paragraph 1 – point a a (new)
(aa) specifying the criteria to be fulfilled when assessing if the underwriting risks are specific to the national market as stated in Article 236(7);
Amendment 752 #
Proposal for a directive
Article 245 – paragraph 1 – point c
Article 245 – paragraph 1 – point c
(c) specifying the principles and means to be used when disclosing the information referred to in Article 241;
Amendment 754 #
Proposal for a directive
Article 246 – paragraph 2
Article 246 – paragraph 2
This report shall address in particular the quality of eligible own funds which the group is required to hold to apply the rules laid down in Article 236 to 241, the appropriate level of own funds which a subsidiary is required to hold where it belongs to a group fulfilling the conditions of this subsection, the form which group support is required to take, the allowable amount of group support and the level of own funds at which the derogations provided for in Articles 236, 237 and 238 shall cease to apply.
Amendment 780 #
Proposal for a directive
Article 252 –Title
Article 252 –Title
Rights and duties of the group supervisor – Coordination arrangements College of supervisors
Amendment 785 #
Proposal for a directive
Article 252 – paragraph 2
Article 252 – paragraph 2
2. In order to facilitate group supervision, the group supervisor and the other supa supervisory college, chaired by the group supervisor, shall be established to facilitate the exervcisory authorities concerned shall have coordination arrangements in place. Those coordination arrangements may entrust additional tasks to the groupe of the tasks referred to in Article 253, 254 and 255. The college of supervisors shall assure that cooperation, exchange of information and consultation processes among the supervisory authorities of the college, are effectively applied in accordance with Title III of this Directive. Supervisors shall use the college to promote the convergence of their respective decisions and to cooperate closely to carry out their supervisory activities across the group under harmonised criteria. The membership of the college shall include the supervisory and may specify, without prejudice to any measure adopted pursuant to this Directive, the procedures for the decision-making process among the supervisory authorities concerned as referred to inuthorities of all the Member States in which the head offices of subsidiary undertakings are situated. Without prejudice to any measure adopted pursuant to this Directive, the setting up and functioning of colleges shall be based on an agreement concluded by all the members of the college, reflecting the procedures necessary to achieve its objectives, including the processes related to the approval of the group internal model and the functioning of the group support regime. Provided that cooperation, convergence and exchange of information is appropriately guaranteed, the procedures of the college shall provide flexibility to allow arrangements among supervisory authorities, in the cases where this results in a more efficient supervision of the group, and it does not impair the supervisory activities of the members of the college in respect of their individual responsibilities. The college of supervisors shall be consulted before any arrangement among its members is concluded, in particular when such coordination arrangements entrust additional tasks to the group supervisor or other supervisory authorities concerned, or when it refers to the application in practice of Articles 211(3), 212(2), and 213(2), Articles 214, 215, and 217, Articles 218(2), 219(2), and 225(2), Articles 236, 248, and 249, Article 251 (3) and (4), and Articles 254, 263 and 264 and for cooperation with other supervisory authorities.
Amendment 790 #
Proposal for a directive
Article 252 – paragraph 2 a (new)
Article 252 – paragraph 2 a (new)
2a. CEIOPS shall elaborate guidelines for the operational functioning of colleges.