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European Insurance and Occupational Pensions Authority
 

3321

Q&A

Question ID: 3321

Regulation Reference: (EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)

Topic: Solvency Capital Requirement (SCR)

Article: 1(19) and 180(1)

Status: Rejected

Date of submission: 09 Apr 2025

Question

Do (non-tranched) US agency bonds (Fanny Mae, Ginnie Mae, Freddy Mac) have to be treated as securitisations, corporate bonds or covered bonds according to the Commission Delegated Regulation (EU) No 2015/35?

EIOPA answer

This question has been rejected because the issue it deals with is already explained or addressed in Articles 1(19) and 180(1) of Commission Delegated Regulation (EU). Non-tranched assets do not fall under the definition of securitisation, as specified by Article 1(19) of Commission Delegated Regulation(EU) 2015/35. Only exposures in the form of bonds that fall under the definition set out in point (1) of Article 3 of Directive (EU) 2019/2162 can be considered as covered bonds. To this purpose, please see Article 180(1) of Commission Delegated Regulation (EU) 2015/35 which clarifies that covered bonds are exposures in the form of bonds referred to in Article 52(4) of Directive 2009/65/EC, which points at the definition set out in Article 3(1) of Directive (EU) 2019/2162.