Question ID: 2848
Regulation Reference: (EU) No 2015/2450 - templates for the submission of information to the supervisory authorities
Topic: Reporting Templates
Article: Article 20
Template: S.01.01
Status: Revised
Date of submission: 31 Oct 2023
Question
Article 25 states that QRTs S.36.xx are applicable to Solo entities "Insurance and reinsurance undertakings which are not part of a group as referred to in Article 213(2), points (a), (b) or (c), of Directive 2009/138/EC and the parent undertaking of which is a mixed-activity insurance holding company shall submit...". Hence, our understanding is that the negation of this sentence should be used as a reason for not submitting the template for a Solo entity. In a mathematical sense, the negation of "A and B" is "Non A or Non B", which would be "part of a group" (=non A) or "parent company is not a mixed-activity insurance holding company" (=non B). Now, in S.01.01 the reason for not reporting these QRTs according to the specification in Article 25 states: "12 – Not reported as no parent undertaking is a mixed–activity insurance holding company where they are not part of a group as defined under Article 213(2)(a), (b) and (c) of Solvency II Directive", in the German translation both parts are combined with an "and". As far as we understand this, it is not the (full) negation of the reason stated in Article 25. Could you please clarify in which cases these QRTs do not need to be reported? Example: Solo entity is part of a group and there is a holding company with insurance activity. This does not fit to reason 12 in S.01.01, but from our understanding of Article 25, it does not need to be reported.
Background of the question
Reason 12 in S.01.01 for not reporting S.36.xx for Solo entities seems not to address all possible combinations in which S.36.xx is not relevant for Solo entities
EIOPA answer
Slightly revised answer:
According to Article 20 of ITS 2015/2450 insurance and reinsurance undertakings which are not part of a group referred to in points (a), (b) or (c) of Article 213(2) of Directive 2009/138/EC and the parent undertaking of which is a mixed-activity insurance holding company shall submit annually the S.36s templates. The templates are to be reported in case the 2 conditions are met. If both conditions indicated in article 20 are not met then Option 12 — “Not reported as no parent undertaking is a mixed–activity insurance holding company where they are not part of a group as defined under Article 213 (2) (a), (b) and (c) of Solvency II Directive" is to be used.
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Old answer published until 09/04/2024:
According to Article 20 of ITS 2015/2450 insurance and reinsurance undertakings which are not part of a group referred to in points (a), (b) or (c) of Article 213(2) of Directive 2009/138/EC and the parent undertaking of which is a mixed-activity insurance holding company shall submit annually the S.36s templates. The templates are to be reported in case the 2 conditions are met. If any of the conditions are not met then Option 12 — “Not reported as no parent undertaking is a mixed–activity insurance holding company where they are not part of a group as defined under Article 213 (2) (a), (b) and (c) of Solvency II Directive” is to be used.