Assume that legally binding national anti-contribution rules applicable to a traditional with-profit life insurance portfolio have the following effects: 

1. Economic value attributable to a defined policyholder group cannot be permanently and definitively used to absorb losses elsewhere in the undertaking on a going-concern basis; and 

2. if that economic value is used to absorb such losses, subsequent positive results attributable to the same group must restore it before value may be allocated elsewhere. 

Assume further that the arrangement produces an identifiable excess of assets over liabilities constituting basic own funds.

Must that identifiable amount of basic own funds be classified as restricted own-fund items within a ring-fenced fund under Articles 80 and 81 of Commission Delegated Regulation (EU) 2015/35?