Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 26 Jul 2023
on the proposal for a directive of the European Parliament and of the Council establishing a framework for the recovery and resolution of insurance and reinsurance undertakings and amending Directives 2002/47/EC, 2004/25/EC, 2009/138/EC, (EU) 2017/1132 and Regulations (EU) No 1094/2010 and (EU) No 648/2012
To · adopted text· 23 Apr 2024
Establishing a framework for the recovery and resolution of insurance and reinsurance undertakings
These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).
+8 added · −1,337 removed · 1 changed paragraphs, packaging included.
Part 23 of 23: Paragraphs 1321–1357
Removed:‘(r) the resolution authorities designated under Article 3 of Directive (EU) xx/xx of the European Parliament and of the Council*17.
Removed:_______________________________________________________________
Removed:*17 [PO, please insert the reference to the IRRD].’.
Removed:EIOPA Resolution Committee
Removed:1. EIOPA shall create a permanent internal committee pursuant to Article 41 of Regulation (EU) No 1094/2010 to prepare EIOPA decisions as referred to in Article 44 of that Regulation, including decisions about draft regulatory technical standards and draft implementing technical standards concerning tasks that have been conferred on resolution authorities in accordance with this Directive. That internal committee shall be composed of the resolution authorities referred to in Article 3 of this Directive.
Removed:2. For the purposes of this Directive, EIOPA shall cooperate with EBA and ESMA within the framework of the Joint Committee of the European Supervisory Authorities established in Article 54 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.
Removed:3. For the purposes of this Directive, EIOPA shall ensure structural separation between the resolution committee and other functions referred to in Regulation (EU) No 1094/2010. The resolution committee shall promote the development and coordination of resolution plans and develop methods for the resolution of entities as referred to in Article 1(1) of this Directive that are failing.
Removed:Cooperation with EIOPA
Removed:1. Member States shall ensure that the supervisory and resolution authorities cooperate with EIOPA for the purposes of this Directive in accordance with Regulation (EU) No 1094/2010.
Removed:2. Member States shall ensure that the supervisory and resolution authorities, without delay, provide EIOPA with all the information necessary to carry out its duties in accordance with Article 35 of Regulation (EU) No 1094/2010.
Removed:Insurance Guarantee Schemes
Removed:By 1 January 2024, the Commission, after having consulted EIOPA, shall submit a report to the European Parliament and to the Council outlining the necessary steps to introduce minimum common standards for insurance guarantee schemes within the Union. That report shall at least:
Removed:(a) assess the state of play of insurance guarantee schemes in Member States (coverage level, types of insurances covered, triggers);
Removed:(b) discuss policy options;
Removed:(c) outline the necessary steps to introduce a minimum baseline for insurance guarantee schemes across the Union;
Removed:(d) analyse the corresponding necessary changes to other legislative acts.
Removed:The report shall be accompanied by a legislative proposal where appropriate.
Removed:Review
Removed:By 1 January 2026, the Commission, after having consulted EIOPA, shall submit a report to the European Parliament and to the Council on the application of this Directive. The report shall in particular:
Removed:a) evaluate whether, and to what extent, the objectives of this Directive have been achieved with regard to the functioning of the internal market; b) assess the state of play of resolution financing arrangements and insurance guarantee schemes in Member States;
Removed:c) analyse the introduction of a minimum requirement on liabilities subject to the write-down and conversion powers under this Directive;
Removed:d) outline the necessary steps to introduce minimum harmonised definitions on the level of covered policies and eligible claimants and policies;
Removed:e) analyse the merits of a further harmonisation of the crisis management framework for insurance and reinsurance undertakings;
Removed:f) analyse the corresponding necessary changes to legislative acts.
Removed:The report shall be accompanied by a legislative proposal where appropriate.
Removed:Transposition
Removed:1. Member States shall adopt and publish, by [PO – add 18 months after entry into force] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 1 to 87, 90 and 91 of this Directive. They shall forthwith communicate to the Commission the text of those provisions. Articles 88 and 89 shall, however, be binding in their entirety and directly applicable in all Member States.
Removed:They shall apply Articles 1 to 87, 90 and 91 from [PO – add 18 months and one day after entry into force].
Removed:When Member States adopt Articles 1 to 87, 90 and 91, they shall include a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Removed:2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Removed:Entry into force
Removed:This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Removed:Addressees
Removed:This Directive is addressed to the Member States.
Removed:Done at Brussels,
Removed:For the European Parliament For the Council
Removed:The President The President