Question ID: 3259
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
Article: 245 of SII Directive
Template: S.36.01, S.36.02, S.36.03, S.36.04, S.36.05
Status: Final
Date of submission: 14 Feb 2025
Question
Because Article 36 explicitly says that it concerns Annual submission of IGT and RC, my assumption would be that Article 38 concerns Ad-hoc submissions of the same (this could be written out explicitly to clear any doubts). In this article, you explicitly list all 5 of the new S.36 IGT QRTs: '... using, as appropriate, ...'. This would indicate that S.36.05 should be included in an Ad-hoc reporting. For instance when a large IGT has taken place. However, in the general comments for 36.04 and 36.05, the first line reads only: 'This template relates to the information groups shall provide annually.' This is opposed to 36.01-03 which also include 'at least annually'. Could you please clarify whether the two latter IGT QRTs should be included in the case of an Ad-hoc reporting?
EIOPA answer
Article 245 (paragraphs 2 and 3) of Directive 2009/138/EC require insurance and reinsurance undertakings or insurance holding companies to report on a regular basis and at least annually intragroup transactions to the group supervisor. In addition, Member States shall require reporting of very significant intra-group transactions as soon as practicable (ad hoc).
In accordance with Article 245(6), EIOPA has developed
the following intragroup transactions templates: templates S.36.01.01, S.36.02.01, S.36.03.01, S.36.04.01 and
S.36.05.01 of Annex I to Regulation (EU) 2023/894. Article 245 does not distinguish between different types of intragroup transactions, therefore all templates shall be reported on a yearly basis, as well as on an ad hoc basis, namely in case of very significant intra-group transactions and for the intragroup transaction that must be reported in all circumstances.