Question ID: 3626
Regulation Reference: (EU) No 2009/138 - Solvency II Directive (Insurance and Reinsurance)
Topic: Captive
Article: 29a(1)
Status: Rejected
Date of submission: 27 Jul 2026
Question
Article 29a of the Solvency II Directive on Small and Non-Complex Undertakings is further explained in EIOPA's Technical specification EIOPA-BoS-26-102. Item 13 provides the criteria and item 14 provides the clarification that items 13 iii and 13 viii do not apply to captives.
Do we understand correctly that item 15 does not apply in case item 13 or 14 is complied with? In other words a captive that complies with 13 or 14 is qualified as SNCU, also in case it does not comply with item 15?
Background of the question
Article 29a of the Solvency II Directive on Small and Non-Complex Undertakings is further explained in EIOPA's Technical specification EIOPA-BoS-26-102. We are unsure whether item 15 from the Technical specification should also be complied with if item 13 or 14 is already complied with. This is especially relevant for companies providing Motor Liability insurance which already comply with item 13 or 14.
EIOPA answer
This question has been rejected because the issue it deals with is already explained in Article 29a of the Solvency II Directive.
Article 29a(1), second subparagraph of the Solvency II Directive clarifies that the indicators relating to cross-border activity and accepted reinsurance shall not apply to captive insurance undertakings or to captive reinsurance undertakings.
Furthermore, Article 29a(1), third subparagraph of the Solvency II Directive provides an additional possibility for captive insurance undertakings or captive reinsurance undertakings to become small and non-complex undertakings where they do not comply with the criteria laid down in the first and second subparagraph of Article 29a in the Solvency II Directive.
EIOPA confirms that a captive insurance undertaking or a captive reinsurance undertaking which complies with the requirements in Article 29a(1), first (i.e. all small and non-complex criteria) or second subparagraph (i.e. excluding the criteria on cross-border and accepted reinsurance) of the Solvency II Directive but not with the requirements of Article 29a(1), third subparagraph of the Solvency II Directive may be classified as small and non-complex undertaking.