Question ID: 3528
Regulation Reference: (EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Topic: Long Term Guarantees (LTGs)
Article: 51b(2)(a)
Status: Final
Date of submission: 18 Mar 2026
Question
Regarding the application of Article 51b(2)(a) of Delegated Regulation 2026/269, should indirect exposures (both long and short positions) to bonds through repacks (special purpose entity issues whose proceeds are invested in bonds) or forward bond contracts be taken into account in accordance with Article 84(2) of Delegated Regulation 2015/35
EIOPA answer
For the determination of MVFI, the underlying investments of collective investment undertakings and investments packaged as funds should be taken into account. Article 51a(2)(a) of Delegated Regulation (EU) 2015/35 refers to bonds, loans and securitisations. Derivatives are a balance sheet item distinguished from these asset classes. Derivatives should thus not be included in MVFI.
Therefore, the inclusion of the underlying assets of repacks and of forward bond contracts in MVFI depends on their contractual specifics. Repacks might be collective investment undertakings or might have derivative characteristics. Forward bond contracts are generally derivatives and therefore should not be included in MVFI.