{"id":2345,"date":"2013-04-26T10:00:11","date_gmt":"2013-04-26T07:00:11","guid":{"rendered":"http:\/\/ourblog.greenwoods.org\/?p=2345"},"modified":"2013-04-26T10:00:11","modified_gmt":"2013-04-26T07:00:11","slug":"solvency-ii-where-are-we-now","status":"publish","type":"post","link":"https:\/\/greenwoods.org\/solvency-ii-where-are-we-now\/","title":{"rendered":"Solvency II: where are we now?"},"content":{"rendered":"

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Although there is no certainty on the Solvency II implementation date, EU policymakers are continuing to finalise key aspects of the framework. Recent developments include EIOPA\u2019s consultation on interim measures, the impact assessment of the long-term guarantee package and a debate on whether new legislation is needed formally to delay Solvency II\u2019s application. <\/span><\/p>\n

Solvency II implementation date<\/span><\/b><\/p>\n

The legal position is that Member States must transpose the Solvency II Directive into national laws by 30 June 2013 and apply it to firms from 1 January 2014. It is clear, however, that this Solvency II timetable is not feasible. EU Member States cannot implement the Solvency II framework by the set dates, for the simple reason that it is not finalised.<\/span><\/p>\n

A Member State\u2019s failure to meet the legal implementation deadlines for Solvency II would mean that it was not complying with EU law and could have legal implications. As a result, Member States are keen to ensure that further legislation amends the Solvency II Directive to postpone deadlines for Solvency II implementation on a formal basis. This can be done by means of another \u201cquick-fix Directive\u201d, similar to the one adopted last summer, which established current transposition and implementation dates. Many people expect implementation to be put back to January 2016.\u00a0 <\/span><\/p>\n

The European Commission, however, is resisting pressure to introduce another quick-fix, so as to encourage others in the EU\u2019s legislative process to agree\u00a0the Omnibus II Directive as a priority. Instead, the Commission proposes to produce a letter of comfort to Member States confirming that it will not commence proceedings against them for failure to implement Solvency II. The discussion is ongoing and we are monitoring it.\u00a0 <\/span><\/p>\n

EIOPA\u2019s consultation on Solvency II interim measures<\/span><\/b><\/p>\n

Although the Solvency II legislative process is delayed,\u00a0EIOPA believes that the insurance industry should build on preparatory work already undertaken. In addition the IMF\u2019s Financial Sector Assessment Programme (FSAP) review of the EU concluded that early harmonised implementation of Solvency II would reduce risks arising from the current regime. <\/span><\/p>\n

EIOPA has therefore published a set of consultation documents proposing to introduce some core Solvency II provisions in advance of the formal deadline (still to be confirmed).\u00a0EIOPA\u2019s guidelines are addressed to national supervisors and cover the following areas:\u00a0<\/span><\/p>\n