What changed, Directive 2009/138/EC

− ### art_1
− Article 1
− | (1) | the taking-up and pursuit, within the Community, of the self-employed activities of direct insurance and reinsurance; |
− | (2) | the supervision of insurance and reinsurance groups; |
− | (3) | the reorganisation and winding-up of direct insurance undertakings. |
− ### art_2
− Article 2
− | (a) | to the following life insurance activities where they are on a contractual basis:(i)life insurance which comprises assurance on survival to a stipulated age only, assurance on death only, assurance on survival to a stipulated age or on earlier death, life assurance with return of premiums, m…
− | (i) | life insurance which comprises assurance on survival to a stipulated age only, assurance on death only, assurance on survival to a stipulated age or on earlier death, life assurance with return of premiums, marriage assurance, birth assurance; |
− | (ii) | annuities; |
− | (iii) | supplementary insurance underwritten in addition to life insurance, in particular, insurance against personal injury including incapacity for employment, insurance against death resulting from an accident and insurance against disability resulting from an accident or sickness; |
− | (iv) | types of permanent health insurance not subject to cancellation currently existing in Ireland and the United Kingdom; |
− | (b) | to the following operations, where they are on a contractual basis, in so far as they are subject to supervision by the authorities responsible for the supervision of private insurance:(i)operations whereby associations of subscribers are set up with a view to capitalising their contribution…
− | (i) | operations whereby associations of subscribers are set up with a view to capitalising their contributions jointly and subsequently distributing the assets thus accumulated among the survivors or among the beneficiaries of the deceased (tontines); |
− | (ii) | capital redemption operations based on actuarial calculation whereby, in return for single or periodic payments agreed in advance, commitments of specified duration and amount are undertaken; |
− | (iii) | management of group pension funds, comprising the management of investments, and in particular the assets representing the reserves of bodies that effect payments on death or survival or in the event of discontinuance or curtailment of activity; |
− | (iv) | the operations referred to in point (iii) where they are accompanied by insurance covering either conservation of capital or payment of a minimum interest; |
− | (v) | the operations carried out by life insurance undertakings such as those referred to in Chapter 1, Title 4 of Book IV of the French ‘Code des assurances’; |
− | (c) | to operations relating to the length of human life which are prescribed by or provided for in social insurance legislation, in so far as they are effected or managed by life insurance undertakings at their own risk in accordance with the laws of a Member State. |
− ### art_3
− Article 3
− ### art_4
− Article 4
− | (a) | the undertaking’s annual gross written premium income does not exceed EUR 5 million; |
− | (b) | the total of the undertaking’s technical provisions, gross of the amounts recoverable from reinsurance contracts and special purpose vehicles, as referred to in Article 76, does not exceed EUR 25 million; |
− | (c) | where the undertaking belongs to a group, the total of the technical provisions of the group defined as gross of the amounts recoverable from reinsurance contracts and special purpose vehicles does not exceed EUR 25 million; |
− | (d) | the business of the undertaking does not include insurance or reinsurance activities covering liability, credit and suretyship insurance risks, unless they constitute ancillary risks within the meaning of Article 16(1); |
− | (e) | the business of the undertaking does not include reinsurance operations exceeding EUR 0,5 million of its gross written premium income or EUR 2,5 million of its technical provisions gross of the amounts recoverable from reinsurance contracts and special purpose vehicles, or more than 10 % of …
− | (a) | none of the thresholds set out in paragraph 1 has been exceeded for the three previous consecutive years; and |
− | (b) | none of the thresholds set out in paragraph 1 is expected to be exceeded during the following five years. |
+ ## Section 1 / Subject matter and scope
+ ### Article 1 — Subject matter
+ (1) the taking-up and pursuit, within the Community, of the self-employed activities of direct insurance and reinsurance;
+ (2) the supervision of insurance and reinsurance groups;
+ (3) the reorganisation and winding-up of direct insurance undertakings.
+ ### Article 2 — Scope
+ (a) to the following life insurance activities where they are on a contractual basis:
+ (i) life insurance which comprises assurance on survival to a stipulated age only, assurance on death only, assurance on survival to a stipulated age or on earlier death, life assurance with return of premiums, marriage assurance, birth assurance;
+ (ii) annuities;
+ (iii) supplementary insurance underwritten in addition to life insurance, in particular, insurance against personal injury including incapacity for employment, insurance against death resulting from an accident and insurance against disability resulting from an accident or sickness;
+ (iv) types of permanent health insurance not subject to cancellation currently existing in Ireland and the United Kingdom;
+ (b) to the following operations, where they are on a contractual basis, in so far as they are subject to supervision by the authorities responsible for the supervision of private insurance:
+ (i) operations whereby associations of subscribers are set up with a view to capitalising their contributions jointly and subsequently distributing the assets thus accumulated among the survivors or among the beneficiaries of the deceased (tontines);
+ (ii) capital redemption operations based on actuarial calculation whereby, in return for single or periodic payments agreed in advance, commitments of specified duration and amount are undertaken;
+ (iii) management of group pension funds, comprising the management of investments, and in particular the assets representing the reserves of bodies that effect payments on death or survival or in the event of discontinuance or curtailment of activity;
+ (iv) the operations referred to in point (iii) where they are accompanied by insurance covering either conservation of capital or payment of a minimum interest;
+ (v) the operations carried out by life insurance undertakings such as those referred to in Chapter 1, Title 4 of Book IV of the French ‘Code des assurances’;
+ (c) to operations relating to the length of human life which are prescribed by or provided for in social insurance legislation, in so far as they are effected or managed by life insurance undertakings at their own risk in accordance with the laws of a Member State.
+ ## Subsection 1 / General
+ ### Article 3 — Statutory systems
+ ### Article 4 — Exclusion from scope due to size
+ (a) the undertaking’s annual gross written premium income does not exceed EUR 5 million;
+ (b) the total of the undertaking’s technical provisions, gross of the amounts recoverable from reinsurance contracts and special purpose vehicles, as referred to in Article 76, does not exceed EUR 25 million;
+ (c) where the undertaking belongs to a group, the total of the technical provisions of the group defined as gross of the amounts recoverable from reinsurance contracts and special purpose vehicles does not exceed EUR 25 million;
+ (d) the business of the undertaking does not include insurance or reinsurance activities covering liability, credit and suretyship insurance risks, unless they constitute ancillary risks within the meaning of Article 16(1);
+ (e) the business of the undertaking does not include reinsurance operations exceeding EUR 0,5 million of its gross written premium income or EUR 2,5 million of its technical provisions gross of the amounts recoverable from reinsurance contracts and special purpose vehicles, or more than 10 % of its …
+ (a) none of the thresholds set out in paragraph 1 has been exceeded for the three previous consecutive years; and
+ (b) none of the thresholds set out in paragraph 1 is expected to be exceeded during the following five years.
+ ## Subsection 2 / Non-life
+ ### Article 5 — Operations