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ARTICLE · 12 AUGUST 2013

EIOPA update - August 2013

EIOPA recently published its findings on the Long-Term Guarantee Assessment, one of the main stumbling blocks in implementing Solvency II.

IrelandInsurance

Results of Long-Term Guarantees Assessment

On 14 June 2013, EIOPA published its findings on the Long-Term Guarantee Assessment (LTGA), one of the main stumbling blocks in implementing Solvency II. The LTGA tested a set of proposed supervisory measures for long-term guarantee products under volatile and exceptional market conditions (ie the Long-Term Guarantee package).

In response to concerns from national supervisors and participating firms that the LTGA package is overly complex, EIOPA has made a number of recommendations to reduce and simplify the package. EIOPA concluded that the final Long-Term Guarantee package to be included in the Solvency II framework should fulfill a number of principles in order to ensure a high degree of policy protection, as well as an effective supervisory process:

  • Alignment with the Solvency II framework and the economic balance sheet concept;
  • Full consistency and comparability in order to enhance the single market;
  • Efficient linking of all the three pillars (quantitative basis, qualitative requirements and enhanced reporting and disclosure);
  • Proportionality and simplicity;
  • Adequate treatment of transitional issues.

Omnibus II negotiations are now expected to reconvene. Chairman of EIOPA, Gabriel Bernardino, has said that the findings would provide EU political bodies with a reliable basis to make an informed decision on the package and a conclusion on Omnibus II negotiations.

Please click here to view the findings in full.

EIOPA issues consultation papers on the sale and distribution of insurance products

On 27 June 2013, EIOPA issued the following consultation papers:

(1) Consultation Paper on Draft Report on Good Practices on Comparison Websites

EIOPA is seeking input from interested parties on good practices in addressing activities by websites that compare insurance products. The draft report is intended to promote transparency, simplicity and fairness for internet users in the market for online comparisons of insurance products.

Comments from interested parties should be submited by 23 September 2013. EIOPA intends to publish a final report on the consultation before Q2 2014. EIOPA also intends to submit its Report for adoption by the Board of Supervisors before Q2 2014.

Please click here to view the consultation materials in full.

(2) Consultation Paper on a Draft Report on Good Supervisory Practices regarding knowledge and ability requirements for distributors of insurance products:

EIOPA is seeking input from stakeholders on good supervisory practices regarding knowledge and ability requirements for distributors of insurance products. The focus of the Report is on (i) promoting supervisory convergence amongst competent authorities in the area of industry training standards and (ii) facilitating any future policy work EIOPA might carry out on professional requirements.

Comments are invited from interested parties by 23 September 2013. EIOPA intends to publish a final report on the consultation before Q2 2014. EIOPA also intends to submit this Report for adoption by the Board of Supervisors before Q2 2014.

Please click here to view the consultation materials in full.

EIOPA opinion on payment protection insurance

On 28 June 2013, EIOPA issued an opinion on consumer protection issues in payment protection insurance (PPI). The opinion notes that the consumer protection issues surrounding PPI have triggered action from regulatory or supervisory bodies in a number of jurisdictions. While acknowledging that PPI products, when properly designed and sold, serve legitimate consumer needs, EIOPA also acknowledges that in a number of jurisdictions, significant cases of mis-selling have occurred. This has adversely affected consumers and has damaged the reputation of the insurance sector generally.

On the basis of its findings, EIOPA recommends that national competent authorities analyse whether PPI merits further investigation and / or regulatory action at national level. It also requests the national competent authorities to provide feedback on their previous activities and on any planned actions in this area based on the opinion within six months from the date of the opinion. Once EIOPA has received this feedback it will decide if further action is required at an EU level.

Please click here to view the full text of the opinion.

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