BETA

Awaiting Parliament 1st reading / single reading / budget 1st stage



2013/0327(COD) Taking-up and pursuit of the business of insurance and reinsurance (Solvency II): dates of transposition and application; date of repeal of certain directives
RoleCommitteeRapporteurShadows
Lead ECON BOWLES Sharon (ALDE) BALZ Burkhard (EPP), FOX Ashley (ECR)
Opinion JURI
Lead committee dossier: ECON/7/14144
Legal Basis TFEU 053-p1, TFEU 062

Activites

  • 2013/11/21 Vote in plenary scheduled
  • 2013/10/24 Committee report tabled for plenary, 1st reading/single reading
    • A7-0352/2013 summary
  • 2013/10/21 Vote in committee, 1st reading/single reading
  • 2013/10/08 Committee referral announced in Parliament, 1st reading/single reading
  • 2013/10/02 Legislative proposal
    • COM(2013)0680 summary
    • DG {'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}, BARNIER Michel

Documents

  • Legislative proposal published: COM(2013)0680
  • Committee report tabled for plenary, 1st reading/single reading: A7-0352/2013

History

(these mark the time of scraping, not the official date of the change)

activities/3
body
EP
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-352&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0352/2013
type
Committee report tabled for plenary, 1st reading/single reading
committees
date
2013-10-24T00:00:00
activities/3/committees
  • body: EP shadows: group: EPP name: BALZ Burkhard group: ECR name: FOX Ashley responsible: True committee: ECON date: 2013-10-08T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: ALDE name: BOWLES Sharon
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
activities/3/date
Old
2013-11-21T00:00:00
New
2013-10-24T00:00:00
activities/3/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-352&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0352/2013
activities/3/type
Old
Vote in plenary scheduled
New
Committee report tabled for plenary, 1st reading/single reading
activities/0/docs/0/text/0
Old

PURPOSE: to postpone the dates of transposition and application of Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) and the date of repeal of certain Directives.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Directive 2009/138/EC (Solvency II) provides a modern, risk-based system for the regulation and supervision of European insurance and reinsurance undertakings.

On 19 January 2011, the Commission adopted a proposal to amend Directive 2009/138/EC (Omnibus II) in order to:

  • take into account the new supervisory architecture for insurance and namely the setting up of the European Insurance and Occupational Pensions Agency (EIOPA) on 1 January 2011;
  • adapt Directive 2009/138/EC to the entry into force of the Lisbon Treaty which required the adjustment of empowerments for the Commission to adopt implementing measures to empowerments for the Commission to adopt implementing and delegated acts.

The deadline for transposition and application of Directive 2009/138/EC was initially 31 October 2012 and 1 November 2012 respectively, but pending the outcome of the on-going legislative negotiations on Omnibus II, Directive 2012/23/EU (Quick Fix) postponed these dates to 30 June 2013 and 1 January 2014 respectively.

In view of the fact that the negotiations on Omnibus II have not yet been finalised, the date of transposition of 30 June 2013, which has already elapsed, should be extended one last time. The aim is to avoid continued legal uncertainty and ensure the legal continuity of the current Solvency provisions (Solvency I) until the complete Solvency II package is in place.

IMPACT ASSESSMENT: this proposal is not accompanied by a separate Impact Assessment as an impact assessment for the Solvency II Directive has already been undertaken.

This proposal is necessary to avoid an uncertain legal situation after 1 January 2014. In the absence of this Directive, a gap would exist between the EU legal system (Solvency II) and that of Member States (where Solvency I as transposed would remain in force) leading to legal uncertainty for supervisory authorities, undertakings and Member States.

LEGAL BASIS: Articles 53 (1) and 62 of the Treaty on the Functioning of the European Union.

CONTENT: the proposed Directive does not alter the substance of the current EU legislation: it is restricted to postponing the date of transposition of Directive 2009/138/EC until 31 January 2015; in order to avoid continued legal uncertainty now that the current deadline for transposition (30 June 2013) has expired.

It also provides for a new, later application date for Solvency II and consequent repeal of Solvency I (1 January 2016).

BUDGETARY IMPLICATION: the proposal has no implication for the EU budget.

New

PURPOSE: to postpone the dates of transposition and application of Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) and the date of repeal of certain Directives.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Directive 2009/138/EC (Solvency II) provides a modern, risk-based system for the regulation and supervision of European insurance and reinsurance undertakings.

On 19 January 2011, the Commission adopted a proposal to amend Directive 2009/138/EC (Omnibus II) in order to:

  • take into account the new supervisory architecture for insurance and namely the setting up of the European Insurance and Occupational Pensions Agency (EIOPA) on 1 January 2011;
  • adapt Directive 2009/138/EC to the entry into force of the Lisbon Treaty which required the adjustment of empowerments for the Commission to adopt implementing measures to empowerments for the Commission to adopt implementing and delegated acts.

The deadline for transposition and application of Directive 2009/138/EC was initially 31 October 2012 and 1 November 2012 respectively, but pending the outcome of the on-going legislative negotiations on Omnibus II, Directive 2012/23/EU (Quick Fix) postponed these dates to 30 June 2013 and 1 January 2014 respectively.

In view of the fact that the negotiations on Omnibus II have not yet been finalised, the date of transposition of 30 June 2013, which has already elapsed, should be extended one last time. The aim is to avoid continued legal uncertainty and ensure the legal continuity of the current Solvency provisions (Solvency I) until the complete Solvency II package is in place.

IMPACT ASSESSMENT: this proposal is not accompanied by a separate Impact Assessment as an impact assessment for the Solvency II Directive has already been undertaken.

This proposal is necessary to avoid an uncertain legal situation after 1 January 2014. In the absence of this Directive, a gap would exist between the EU legal system (Solvency II) and that of Member States (where Solvency I as transposed would remain in force) leading to legal uncertainty for supervisory authorities, undertakings and Member States.

LEGAL BASIS: Articles 53 (1) and 62 of the Treaty on the Functioning of the European Union.

CONTENT: the proposed Directive does not alter the substance of the current EU legislation: it is restricted to postponing the date of transposition of Directive 2009/138/EC until 31 January 2015; in order to avoid continued legal uncertainty now that the current deadline for transposition (30 June 2013) has expired.

It also provides for a new, later application date for Solvency II and consequent repeal of Solvency I (1 January 2016).

BUDGETARY IMPLICATION: the proposal has no implication for the EU budget.

activities/4/date
Old
2013-11-20T00:00:00
New
2013-11-21T00:00:00
procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 138
procedure/legal_basis/0
Rules of Procedure of the European Parliament EP 138
activities/3/docs/0/text
  • The Committee on Economic and Monetary Affairs adopted the report by Sharon BOWLES (ADLE, UK) on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) as regards the dates of transposition and application and the date of repeal of certain Directives.

    The committee recommended that the European Parliament adopt its position at first reading, taking over the Commission proposal.

activities/0/docs/0/text
  • PURPOSE: to postpone the dates of transposition and application of Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) and the date of repeal of certain Directives.

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: Directive 2009/138/EC (Solvency II) provides a modern, risk-based system for the regulation and supervision of European insurance and reinsurance undertakings.

    On 19 January 2011, the Commission adopted a proposal to amend Directive 2009/138/EC (Omnibus II) in order to:

    • take into account the new supervisory architecture for insurance and namely the setting up of the European Insurance and Occupational Pensions Agency (EIOPA) on 1 January 2011;
    • adapt Directive 2009/138/EC to the entry into force of the Lisbon Treaty which required the adjustment of empowerments for the Commission to adopt implementing measures to empowerments for the Commission to adopt implementing and delegated acts.

    The deadline for transposition and application of Directive 2009/138/EC was initially 31 October 2012 and 1 November 2012 respectively, but pending the outcome of the on-going legislative negotiations on Omnibus II, Directive 2012/23/EU (Quick Fix) postponed these dates to 30 June 2013 and 1 January 2014 respectively.

    In view of the fact that the negotiations on Omnibus II have not yet been finalised, the date of transposition of 30 June 2013, which has already elapsed, should be extended one last time. The aim is to avoid continued legal uncertainty and ensure the legal continuity of the current Solvency provisions (Solvency I) until the complete Solvency II package is in place.

    IMPACT ASSESSMENT: this proposal is not accompanied by a separate Impact Assessment as an impact assessment for the Solvency II Directive has already been undertaken.

    This proposal is necessary to avoid an uncertain legal situation after 1 January 2014. In the absence of this Directive, a gap would exist between the EU legal system (Solvency II) and that of Member States (where Solvency I as transposed would remain in force) leading to legal uncertainty for supervisory authorities, undertakings and Member States.

    LEGAL BASIS: Articles 53 (1) and 62 of the Treaty on the Functioning of the European Union.

    CONTENT: the proposed Directive does not alter the substance of the current EU legislation: it is restricted to postponing the date of transposition of Directive 2009/138/EC until 31 January 2015; in order to avoid continued legal uncertainty now that the current deadline for transposition (30 June 2013) has expired.

    It also provides for a new, later application date for Solvency II and consequent repeal of Solvency I (1 January 2016).

    BUDGETARY IMPLICATION: the proposal has no implication for the EU budget.

activities/3/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-352&language=EN
links/National parliaments
url
http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2013&number=0327&appLng=EN
title
IPEX
activities/0
date
2013-10-02T00:00:00
docs
url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=680 title: COM(2013)0680 type: Legislative proposal published celexid: CELEX:52013PC0680:EN
body
EC
type
Legislative proposal
commission
DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel
activities/0/body
Old
EP
New
EC
activities/0/commission
  • DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel
activities/0/date
Old
2013-11-19T00:00:00
New
2013-10-02T00:00:00
activities/0/docs
  • url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=680 celexid: CELEX:52013PC0680:EN type: Legislative proposal published title: COM(2013)0680
activities/0/type
Old
Indicative plenary sitting date, 1st reading/single reading
New
Legislative proposal
activities/3
date
2013-10-24T00:00:00
docs
type: Committee report tabled for plenary, 1st reading/single reading title: A7-0352/2013
body
EP
committees
type
Committee report tabled for plenary, 1st reading/single reading
activities/5
date
2013-11-20T00:00:00
body
EP
type
Vote in plenary scheduled
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
activities/2/committees
  • body: EP shadows: group: EPP name: BALZ Burkhard group: ECR name: FOX Ashley responsible: True committee: ECON date: 2013-10-08T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: ALDE name: BOWLES Sharon
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
activities/2/type
Old
Vote scheduled in committee, 1st reading/single reading
New
Vote in committee, 1st reading/single reading
procedure/legal_basis/0
Rules of Procedure of the European Parliament EP 138
activities
  • date: 2013-10-02T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=680 title: COM(2013)0680 type: Legislative proposal published celexid: CELEX:52013PC0680:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel type: Legislative proposal
  • date: 2013-10-08T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: BALZ Burkhard group: ECR name: FOX Ashley responsible: True committee: ECON date: 2013-10-08T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: ALDE name: BOWLES Sharon body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • date: 2013-10-21T00:00:00 body: EP type: Vote scheduled in committee, 1st reading/single reading
  • date: 2013-11-19T00:00:00 body: EP type: Indicative plenary sitting date, 1st reading/single reading
committees
  • body: EP shadows: group: EPP name: BALZ Burkhard group: ECR name: FOX Ashley responsible: True committee: ECON date: 2013-10-08T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: ALDE name: BOWLES Sharon
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
links
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services commissioner: BARNIER Michel
procedure
dossier_of_the_committee
ECON/7/14144
reference
2013/0327(COD)
instrument
Directive
legal_basis
stage_reached
Awaiting committee decision
summary
Amending Directive 2009/138/EC
subtype
Legislation
title
Taking-up and pursuit of the business of insurance and reinsurance (Solvency II): dates of transposition and application; date of repeal of certain directives
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject