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European Insurance and Occupational Pensions Authority
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Revised Guidelines on Contract Boundaries

Details

Publication date
6 July 2022

Description

During the 2020 review of Solvency II EIOPA identified several divergent practices regarding contract boundaries assessment, as presented in the analysis background document1 to EIOPA’s Opinion on the 2020 review of Solvency II. Divergent practices require additional guidance to ensure a convergent application of the existing regulation on contract boundaries.

In accordance with Article 16 of Regulation (EU) No 1094/20102 EIOPA issues these revised Guidelines to provide guidance on how insurance and reinsurance undertakings should apply the requirements of Directive 2009/138/EC3 (“Solvency II Directive”) and in Commission Delegated Regulation (EU) No 2015/354 (“Delegated Regulation”), on the boundaries of insurance and reinsurance contracts.

This revision introduces new Guidelines and amends current Guidelines on topics that are relevant for the determination of contract boundaries, in particular regarding the assessment whether a cover or financial guarantee has a discernible effect on the economics of the contract and the identification of the contracts which can be unbundled.

The revised Guidelines are addressed to competent authorities as defined in Article 4(2) of Regulation (EU) No 1094/2010.

The revised Guidelines apply to both individual undertakings and mutatis mutandis at the level of the group.

These revised Guidelines should be read in conjunction with and without prejudice to the Solvency II Directive, the Delegated Regulation and EIOPA’s Guidelines on contract boundaries. Unless otherwise stated in this document, the current guidelines of EIOPA’s Guidelines on contract boundaries remain unchanged and continue to be applicable.

If not defined in these revised Guidelines, the terms have the meaning defined in the Solvency II Directive.

These revised Guidelines do not deviate from the previous Guidelines and only add additional details compatible with the high-level guidance included in the previous Guidelines. For this reason, the applicability of these revised Guidelines should not lead to a reassessment of the contract boundaries of existing contracts. However, according to the revised Guidelines a reassessment is to be performed in case there is indication that the outcome would be different. Therefore, a reassessment of contract boundaries when these revised Guidelines enter into force is necessary in case the previous assessment significantly differs from the approach envisaged in these revised Guidelines. In addition, any reassessment of contract boundaries that is necessary according to these revised Guidelines should be performed according to the new Guidelines regardless whether the contract was underwritten before these revised Guidelines become applicable.

These revised Guidelines shall apply from 01-01-2023.

For reference, check the final report.

Files

  • 31 JANUARY 2023
Revised Guidelines on Contract Boundaries
  • 10 MARCH 2023
Guidelines on Contract Boundaries – Consolidated Version with Explanatory Text
  • 31 JANUARY 2023
Guidelines on Contract Boundaries – Consolidated Version
  • 31 JANUARY 2023
Austria
  • 31 JANUARY 2023
Belgium
  • 31 JANUARY 2023
Bulgaria
  • 31 JANUARY 2023
Cyprus
  • 31 JANUARY 2023
Czech Republic
  • 31 JANUARY 2023
Germany
  • 31 JANUARY 2023
Denmark
  • 31 JANUARY 2023
Estonia
  • 31 JANUARY 2023
Spain
  • 31 JANUARY 2023
Finland
  • 31 JANUARY 2023
France
  • 31 JANUARY 2023
Greece
  • 31 JANUARY 2023
Croatia
  • 31 JANUARY 2023
Hungary
  • 31 JANUARY 2023
Ireland
  • 31 JANUARY 2023
Iceland
  • 31 JANUARY 2023
Italy
  • 31 JANUARY 2023
Liechtenstein
  • 31 JANUARY 2023
Lithuania
  • 31 JANUARY 2023
Luxembourg
  • 31 JANUARY 2023
Latvia
  • 31 JANUARY 2023
Malta
  • 31 JANUARY 2023
The Netherlands
  • 31 JANUARY 2023
Norway
  • 31 JANUARY 2023
Poland
  • 31 JANUARY 2023
Portugal
  • 31 JANUARY 2023
Romania
  • 31 JANUARY 2023
Slovakia
  • 18 SEPTEMBER 2024
Slovenia
  • 31 JANUARY 2023
Sweden
  • 18 SEPTEMBER 2024
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