Question ID: 3093
Regulation Reference: (EU) 2023/894 - ITS with regard to the templates for the submission of information necessary for supervision
Topic: Reporting Templates, Intra-group transaction
Template: S.36.04
Status: Final
Date of submission: 16 May 2024
Question
Does the description of column "Net Receivables"(C0160) in ITS (EU) 2023/894 exclusively describe transactions in the following two situations? - between two insurance undertakings where one undertaking cedes insurance risk to another in the form of reinsurance - between two insurance undertakings in coinsurance arrangement.
Background of the question
Basis of this conclusion is the first sentence which reads “claims paid by the (re)insurer but not yet reimbursed by the (re)insurer”. Parties described must be distinct, since it makes no sense to assume that the undertaking which has paid claims is the one who is to reimburse the payments. Obligation to reimburse would arise from reinsurance or coinsurance contract. The conclusion is reinforced by the text after the first plus sign: “commissions to be paid by the (re)insurer”. In case of reinsurance, ceding party often receives commission from the assuming reinsurer. Similar could be the case between lead insurer and following coinsurer.
EIOPA answer
The instructions for template S.36.04 include, but are not limited to, reinsurance treaties between related undertakings of a group and any other transaction that results in transferring underwriting risk (insurance risk) between related undertakings of a group. In addition, the instructions for cell C0160 directly support the conclusion that Net receivables pertain to payments and commissions where one entity has a claim towards a distinct legal entity within the same group. Therefore, claims stemming from both reinsurance and coinsurance arrangements might be included in the template, depending on the specificity of the coinsurance arrangements.