We are in discussions with a counterparty who are creating a binding authority writing European business. The debate is as to the intention of EIOPA Article 190. For risks that fall within the parameters, Articles 147-152 shall only apply to the lead insurer. Is it implied that insurers already have the ability to perform undertakings by way of freedom of services? Or can non-admitted non-EEA insurers place reliance on this Article to be permitted to write European risks?

The Q&A enquires bespoke advice. Thus, the question has been rejected because it does not relate to the practical application or implementation of the legal framework covered by this Q&A process.

Nevertheless, it is recalled that the Solvency II Directive covers the taking-up and pursuit of the business of Insurance and Reinsurance within the EEA.