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European Insurance and Occupational Pensions Authority
General publications

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
Sweden
31 JANUARY 2023
Slovakia
31 JANUARY 2023
Overview of replies - Revised Guidelines on Valuation of Technical Provisions