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European Insurance and Occupational Pensions Authority

2897

Q&A

Question ID: 2897

Regulation Reference: (EU) 2023/894 - ITS with regard to the templates for the submission of information necessary for supervision

Topic: Reporting Templates

Article: Captives - Article 4(4)(5)

Status: Final

Date of submission: 16 Nov 2023

Question

Can EIOPA please clarify the situation regards reporting exemptions for captives: 

1. Firstly, there appears to be errors in the Articles listed in both Article 4(4) and (5). For example, both refer to Article 7, but Article 7 doesn't reference any templates. It looks like it might be that the true set of Articles that should have been listed is one less than that given eg Article 6 instead of 7, Article 8 instead of 9 etc. 

2. Regardless, a general question on the significance of Art 4(4) and (5). Is it correct that any articles not listed are therefore completely out of scope for the captive? For example, it's stated that a captive that meets conditions of Article 4(5) " shall use the templates as set out in Articles 7, 9, 12, 15, 17, 19, 21, 22 and 25". So does this mean that the templates listed in Article 13 (being "Annual quantitative templates for individual undertakings and captive insurance undertakings – Technical provisions and risks information" and not in this list) are not required to be submitted by such a captive.

EIOPA answer

  1. Correct. There is an error. The correct listing shall be the one below. 

Captive insurance undertakings which fulfil all of the following conditions shall use the templates as set out in Articles 6, 8, 10, 12, 13, 15, 17, 19, 21, 23 and 24 of this Regulation:

Captive reinsurance undertakings which fulfil all of the following conditions shall use the templates as set out in Articles 6, 8, 11, 14, 16, 18, 20, 21 and 24 of this Regulation:

EIOPA  will propose to correct the error in the forthcoming ITS amendment.

  1. Please note that Article 4 provides risk-based thresholds and therefore defines more proportionate reporting requirements for captives that meet the criteria. If captives do not meet the conditions, they have to report the templates relevant for the individual undertakings.