On 1 January 2016 a fundamental reform in insurance supervision law entered into force with the introduction of Solvency II. In particular the own funds requirements (solvency regulations) for insurance and reinsurance undertakings are affected. The previously existing static system for the determining of own funds requirements was replaced by a risk-based system. Qualitative elements, such as, for example, internal risk management are required to be afforded stronger consideration. Under the new supervisory regime, it is intended to achieve greater harmonisation of supervision in Europe.
The protection of insured persons remains the main objective of insurance supervision in the Solvency II regime. The standards focus on a stronger risk-orientation and serve for the intensification of supervisory convergence, in order to prevent supervisory arbitrage. In accordance with the aim towards cross-sector convergence, the instruments for financial supervision were in particular designed in accordance with the model from the reform in the banking sector. Furthermore, the following can also be listed as aims:
In a similar fashion to that of banking supervision law’s “Basel II” framework, Solvency II is also based on a three pillar model. The quantitative solvency requirements under pillar 1 are complemented by far-reaching qualitative requirements, forming pillar 2, as well as the element of market discipline in pillar 3:
Pillar 1: quantitative requirements
The Solvency Capital Requirement is either calculated by using a prescribed standard formula or by means of an internal (partial) model developed by the insurance and reinsurance undertaking. The minimum capital requirement forms a lower limit, which if underrun would trigger an intervention by the supervisory authority.
The first pillar also includes the regulations for drawing up a solvency balance sheet, which is generally based on market values. The eligible capital is derived on the basis of this balance sheet.
Pillar 2: qualitative requirements
The second pillar contains qualitative requirements, since Solvency II is intended to take into account all risks that are relevant for an undertaking, and not just the quantifiable risks which can be underpinned by means of own funds. Undertakings are required to establish a governance system. It is expected to have appropriate and transparent organisational structures with a clear allocation and delineation of competences as well as an effective system for transmitting information. The following governance functions are required to be established:
• risk management function
• compliance function
• internal audit function, as well as
• an actuarial function.
Guidelines and contingency plans must be drawn up and standards relating to the internal control system and the issue of outsourcing must be adhered to.
Within risk management an Own Risk and Solvency Assessment must be carried out. This includes undertaking forward-looking risk self-assessment.
Under Solvency II investments are required to be managed in accordance with the prudent person principle – legal standards for quantitative limits no longer exist.
Pillar 2 also covers requirements for the principles and methods of supervision. Particular attention is paid to the Supervisory Review Process.
Pillar 3: market discipline
The third pillar of Solvency II contains disclosure and reporting obligations. The Solvency II reports that undertakings are required to submit to the FMA have to a large extent been formalised, both with regard to the contents of the report as well as the reporting format.
The new comprehensive disclosure obligations are intended to increase transparency, by increasing the degree of comparability of information, reducing information asymmetries and by improving the information options for interested parties. Consequently corrective effects can be seen in the market, while the introduction of “good practices” is also being promoted.
The FMA is also required to meet comprehensive supervisory disclosure obligations on its website and to fulfil reporting obligations.
Work has been ongoing since the 1990s on improving (Solvency I) and restructuring (Solvency II) the EU solvency regulations.
In a first step the most necessary changes were made to the directives that existed at that time (Solvency I). These rules were in force in Austria from 1 January 2004 until 31 December 2015.
Preparations for risk-based insurance supervision under (“Solvency II“) were underway at European level for several years. This page contains an overview of the milestones.
Here you can find information about:
Since the 1990s, the then Conference of European Supervisory Authorities worked on the improvement (Solvency I) and restructuring (Solvency II) of the EU regulations on solvency that had been introduced in 1973 for non-life assurance and in 1979 for life assurance undertakings. The Conference of European Supervisory Authorities’ Solvency I working group was established in 1994 under the chairmanship of the then Vice-President of the German Federal Insurance Supervisory Office, Helmut Müller, and published its concluding report in 1997, in which it was stated that the European solvency Directives had on the whole proven themselves. The report, however, also stated that the own funds regulations in place at the time did not adequately take all risks into account. It was therefore decided in 1997 to design a comprehensive system to create new own funds regulations.
In a first step the most necessary changes were made to the existing Directives (Solvency I). These rules entered into force on 1 January 2004 in Austria.