Question ID: 3491
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: Article 179(1)
Status: Rejected
Date of submission: 06 Jan 2026
Question
In the paragraph 3 in article 179 of No 2015/35 Regulation, as well as Q&A in 2317 - European Insurance and Occupational Pensions Authority, we know that credit default swaps and total return swaps that are not part of the undertaking's risk mitigation policy pursuant to Article 179(3) should be treated in the spread risk module. And in paragraph 1, credit assessment by a nominated ECAI is available is the base to assign CQS and determine the spread risk stress and capital requirement. And then in 2308 - European Insurance and Occupational Pensions Authority, we know that CDS is subject to SCR Concentration Risk module. Our questions: 1. In Spread Risk Module, the CQS for Credit Derivative is by the underlying reference entity or the counterparty (e.g. Protection Seller)? 2. In Concentration Risk Module, the Single name and their CQS is by the underlying reference entity or the counterparty (e.g. protection seller)?
EIOPA answer
This question has been rejected because the issue it deals with is already explained or addressed in Article 179 of Commission Delegated Regulation (EU) 2015/35 and in Q&A 2308.
For what concerns the sub-question 1, from Article 179(1) and (2) of the Delegated Regulation it is clear that the CQS refers to the instrument underlying the credit derivatives.
For what concerns the sub-question 2, the response of the European Commission to Q&A 2308 (second sub-question) clarifies that for concentration risk the exposure refers to the issuer of the derivative and not to the underlying instrument.