Limiting the valuation of intangible assets to "quoted market prices in active markets for the same assets" would mean that the valuation methodology referred to in Art. 10, paragraphs 3 to 7 DA would not apply to intangible assets. As a consequence, intangible assets for which there is no quoted market price in an active market for the same assets could only be valued in the solvency balance sheet at zero.

According to Article 12(2) DR, intangible assets, other than goodwill, can have a value different from zero if, and only if, two conditions are met:

1. the intangible asset can be sold separately and

2. the insurance and reinsurance undertaking can demonstrate that there is a value for the same or similar assets that has been derived in accordance with Article 10(2) DR.

If these conditions are met, Article 12(2) DR states that the valuation should be performed in accordance with Article 10 DR. As the second condition in Article 12(2) DR requires a quoted market price in active markets to exist for the same or similar assets, the valuation hierarchy set out in Article 10 DR should always stop at Article 10(2) DR, market value for the same asset, or Article 10(3) DR, market value for similar assets with adjustments. If valuation following Articles 10(2) and 10(3) DR is not possible, then the second condition in Article 12(2) DR is not met, so the intangible asset should be valued at zero. Therefore, the alternative valuation methods referred to in Articles 10(5), (6) and (7) DR cannot be applied to intangible assets.​