24.0 - EIOPA-BoS-19-162 - Decision - For - NCAs - Register of Prudential Provisions

EIOPA- BoS-19/162
7 March 2019
Decision of the Board of Supervisors on the reporting of national

provisions of prudential nature relevant to the field of occupational
pension schemes
The Board of Supervisors of the European Insurance and Occupational

Pensions Authority,
Having regard to Regulation (EU) No 1094/2010 of the European Parliament

and of the Council of 24 November 2010 establishing a European Supervisory
Authority (European Insurance and Occupational Pensions Authority), amending
Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC1, in
particular Articles 8 and 35 thereof,
Having regard to Directive (EU) 2016/2341 of 14 December 2016 on the

activities and supervision of institutions for occupational retirement provision
(IORPs) 2, in particular Article 59 thereof,
Whereas:
(1) Member States should report to EIOPA their national provisions of
prudential nature relevant to the field of occupational pension schemes
which are not covered by the reference to national social and labour law in
Article 11(1) of Directive (EU) 2016/2341 (“national prudential
provisions”).
(2) EIOPA should make the information on national prudential provisions
available on its website to create a centralised source of information at EU
level.
(3) In accordance with Article 4 of Directive (EU) 2016/2341, Member States
may choose to apply certain provisions of that Directive to the
occupational retirement provision business of life insurance undertakings.
Member States that availed themselves of this option do not apply the first
subparagraph of Article 7, Article 8, Article 15 to 18 and Article 23(3) of
Directive (EU) 2016/2341 to the business of occupational retirement
provision of insurance undertakings. Therefore, the range of national
1
OJ L 331, 15.12.2010, p 48.
2
OJ L 354, 23.12.2016, p. 37–85.
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prudential provisions applicable to these insurance undertakings is
different from those applicable to occupational pension schemes.
(4) To ensure uniform reporting, this Decision provides a template to be used
by the competent authorities when transmitting the requested information
to EIOPA. To facilitate accessibility and comparability of the information
transmitted, the structure of the template list corresponds to the relevant
provisions of Directive (EU) 2016/2341. The template also provides a
separate category “Other” for reporting of national prudential provisions
not captured in the list.
(5) In some Member States, there are more structural types of IORPs.
Competent authorities should indicate their names and national prudential
provisions applicable to the different structural types of IORPs, where
relevant.
(6) In some Member States, national prudential provisions do not extend to
the whole territory of the relevant Member State. Competent authorities
should indicate whether their national prudential provisions extend to
different territories within their Member State and the territorial extent of
the reported provisions.
Has adopted this Decision:
Article 1 - Information to be reported
1. Competent authorities shall transmit the information set out in the Annex to
this Decision.
2. Where in a Member State there are national prudential provisions which are
not captured in the template list, the competent authority shall indicate
those provisions in the category “Other” in the template.
Article 2 – Frequency and deadlines
1. Competent authorities shall submit the information by 31 March 2020 (“first

transmission”), and updates by 31 March of each calendar year (“annual
transmissions”).
2. The transmissions shall relate to national prudential provisions which are

effective on 1 January in the relevant calendar year.
3. Competent authorities may transmit updated information on their national

prudential provisions to EIOPA at any time.
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Article 3 - Transmission channels
Competent authorities shall submit the information to EIOPA Web Portal

Restricted Area as explained in the EIOPA NCA User Guide IORPs Prudential
Provisions3.
Article 4 – Data quality checks
1. EIOPA shall undertake a data quality check of each submission of

information.
2. If the information is not of sufficient quality, EIOPA shall inform the

competent authority as to what information is required and set a new
deadline to remedy this. The competent authority shall submit the revised
form to EIOPA within the new deadline.
3. EIOPA may conclude that additional information or explanations are required

and send a request for comments to the competent authority.
Article 5 – Implementation
The Executive Director may adopt practical measures necessary for the
implementation of this Decision.
Done at Frankfurt, 28 March 2019
[signed]
For the Board of Supervisors

Gabriel Bernardino
Chairman
3
https://extranet.eiopa.europa.eu/groups/ITDC-Knowledge-Sharing-
Space/Shared%20Documents/EIOPA%20IT%20Programme/03%20Registers%20(REG)/03%20Guidance%20an
d%20Manuals/R2/R2b/01%20EIOPA_SC11_User%20Guide%20NCAs-R2_IORPsPrudentialProvisions-v0.1b.doc
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ANNEX
Template on the national provisions of prudential nature relevant to the field of occupational pension schemes
Name of the competent authority Name of the Member State Date of transmission to EIOPA
Report relates to business of occupational There is more than one structural type of IORPs in
retirement provisions of insurance undertakings Yes our jurisdiction Yes
(please mark x) No (please mark x) No
If yes, please provide the type of the insurance If yes, please provide their names and make clear if different
undertaking as referred to in the national legislation. national prudential provisions apply to different structural
types of IORPs.
Type of a report Different territorial extent of the reported provisions Yes

a) first transmission
(please mark x)
(please mark x)
b) update No
c) annual transmission
If yes, please indicate the territorial extent of each of the
reported provisions.
Corresponding provisions in Directive (EU)

Code Item
2016/2341
10 Activities of an IORP Art. 7
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Official names and numbers of the acts and other relevant instruments, including the title and number of any relevant
sections or articles, if applicable:
Hyperlink(s) to the full text of the national legislation:

Legal separation between sponsoring undertakings and
Art. 8
institutions for occupational retirement provision
20 sections or articles, if applicable:
30 Registration or authorisation Art. 9

Art. 9 (1)

Art. 9 (2)
40 Operating requirements Art. 10

Art. 10 (1)

42 Art. 10 (2)
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50 Cross-border activities and procedures Art. 11
Art. 11 (2)

Art. 11 (6)
60 Technical provisions Art. 13

Art. 13 (1)

Art. 13 (2)

63 Art. 13 (3)
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Art. 13 (4)

Art. 13 (5)
70 Funding of technical provisions Art. 14

Art. 14 (1)

Art. 14 (2)

Art. 14 (3)
80 Regulatory own funds Art. 15

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Art. 15 (1)

Art. 15 (2)

Art. 15 (3)
90 Available solvency margin Art. 16

Art. 16 (1)

Art. 16 (2)

Art. 16 (3)
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Art. 16 (4)
100 Required solvency margin Art. 17

Art. 17 (1)

Art. 17 (2)

Art. 17 (3)

Art. 17 (4)

Art. 17 (5)
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Art. 17 (6)
110 Required solvency margin for the purpose of Article 17(3) Art. 18
Art. 18 (1)

Art. 18 (2)

Art. 18 (3)

Art. 18 (4)

Art. 18 (5)
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120 Investment rules Art. 19
Art. 19 (1)

Art. 19 (2)

Art. 19 (3)

Art. 19 (4)

Art. 19 (5)

Art. 19 (6)
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Art. 19 (7)
Responsibility of the management or supervisory body Art. 20 (1)


140 General governance requirements Art. 21
Art. 21 (1)

Art. 21 (2)

Art. 21 (3)

Art. 21 (4)
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Art. 21 (5)

Art. 21 (6)
150 Requirements for fit and proper management Art. 22

Art. 22 (1)

Art. 22 (2)

Art. 22 (3)

Art. 22 (4)
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Art. 22 (5)

Art. 22 (6)

Art. 22 (7)
160 Remuneration policy Art. 23

Art. 23 (1)

Art. 23 (2)

Art. 23 (3)
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170 General provisions on key functions Art. 24
Art. 24 (1)

Art. 24 (2)

Art. 24 (3)

Art. 24 (4)

Art. 24 (5)

Art. 24 (6)
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180 Risk-management Art. 25
Art. 25 (1)

Art. 25 (2)

Art. 25 (3)

Internal audit function Art. 26
200 Actuarial function Art. 27

Art. 27 (1)

202 Art. 27 (2)
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210 Own-risk assessment Art. 28

Art. 28 (1)

Art. 28 (2)

Art. 28 (3)

Art. 28 (4)

Annual accounts and annual reports Art. 29

230 Statement of investment policy principles Art. 30
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240 Outsourcing Art. 31

Art. 31 (1)

Art. 31 (2)

Art. 31 (3)

Art. 31 (4)

Art. 31 (5)

246 Art. 31 (6)
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Art. 31 (7)

Investment management Art. 32
260 Appointment of a depositary Art. 33

Art. 33 (1)

Art. 33 (2)

Art. 33 (3)

264 Art. 33 (4)
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Art. 33 (5)

Art. 33 (6)

Art. 33 (7)

Art. 33 (8)
270 Safekeeping of assets and depositary liability Art. 34

Art. 34 (1)

272 Art. 34 (2)
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Art. 34 (3)

Art. 34 (4)

Art. 34 (5)
280 Oversight duties Art. 35

Art. 35 (1)

Art. 35 (2)

283 Art. 35 (3)
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290 Principles members and beneficiaries Art. 36

Art. 36 (1)

Art. 36 (2)

Art. 36 (3)
300 General information on the pension scheme Art. 37

Art. 37 (1)

Art. 37 (2)
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Art. 37 (3)

Art. 37 (4)
310
General provisions Art. 38
Art. 38 (1)

Art. 38 (2)

Art. 38 (3)

314 Art. 38 (4)
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Art. 38 (5)

Pension Benefit Statement Art. 39 (1)
330 Supplementary information Art. 40

Art. 40 (1)

Art. 40 (2)
340 Information to be given to prospective members Art. 41

Art. 41 (1)
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Art. 41 (2)

Art. 41 (3)
Information to be given to members during the pre-

Art. 42
retirement phase
350
360 Information to be given to beneficiaries during the pay-out

phase Art. 43
Art. 43 (1)

Art. 43 (2)

363 Art. 43 (3)
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Additional information to be given on request to members

Art. 44
and beneficiaries
370

Powers of intervention and duties of the competent
380
authorities Art. 48
Art. 48 (1)

Art. 48 (2)

Art. 48 (3)

384 Art. 48 (4)
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Art. 48 (5)

Art. 48 (6)

Art. 48 (7)

Art. 48 (8)

Art. 48 (9)
390 Supervisory review process Art. 49

391 Art. 49 (1)
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Art. 49 (2)

Art. 49 (3)

Art. 49 (4)

Information to be provided to the competent authorities Art. 50
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Other National prudential provisions that are not captured in the list above.
Official names and numbers of the acts and other relevant instruments, including the title and number of any
relevant sections or articles, if applicable:
29/29

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EIOPA- BoS-19/162

Decision of the Board of Supervisors on the reporting of national

The Board of Supervisors of the European Insurance and Occupational

Having regard to Regulation (EU) No 1094/2010 of the European Parliament

Having regard to Directive (EU) 2016/2341 of 14 December 2016 on the

Has adopted this Decision:

Article 1 - Information to be reported

Article 2 – Frequency and deadlines

1. Competent authorities shall submit the information by 31 March 2020 (“first

2. The transmissions shall relate to national prudential provisions which are

3. Competent authorities may transmit updated information on their national

Competent authorities shall submit the information to EIOPA Web Portal

Article 4 – Data quality checks

1. EIOPA shall undertake a data quality check of each submission of

2. If the information is not of sufficient quality, EIOPA shall inform the

3. EIOPA may conclude that additional information or explanations are required

Done at Frankfurt, 28 March 2019

For the Board of Supervisors

(please mark x) No (please mark x) No

Type of a report Different territorial extent of the reported provisions Yes

Corresponding provisions in Directive (EU)

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

30 Registration or authorisation Art. 9

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

40 Operating requirements Art. 10

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

60 Technical provisions Art. 13

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

70 Funding of technical provisions Art. 14

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

80 Regulatory own funds Art. 15

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

90 Available solvency margin Art. 16

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

100 Required solvency margin Art. 17

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation:

Hyperlink(s) to the full text of the national legislation: