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Article 3

Article 3

Scope of supplementary supervision

1.The exercise of supplementary supervision in accordance with Article 2 shall in no way imply that the competent authorities are required to play a supervisory role in relation to the non-member country insurance undertaking, the non-member country reinsurance undertaking, insurance holding company or mixed-activity insurance holding company taken individually.

2.The supplementary supervision shall take into account the following undertakings referred to in Articles 5, 6, 8, 9 and 10:

related undertakings of the insurance undertaking or of the reinsurance undertaking,

participating undertakings in the insurance undertaking or in the reinsurance undertaking,

related undertakings of a participating undertaking in the insurance undertaking or in the reinsurance undertaking.

3.Member States may decide not to take into account in the supplementary supervision referred to in Article 2 undertakings having their registered office in a non-member country where there are legal impediments to the transfer of the necessary information, without prejudice to the provisions of Annex I, point 2.5, and of Annex II, point 4.

Furthermore, the competent authorities responsible for exercising supplementary supervision may in the cases listed below decide on a case-by-case basis not to take an undertaking into account in the supplementary supervision referred to in Article 2:

if the undertaking which should be included is of negligible interest with respect to the objectives of the supplementary supervision of insurance undertakings or reinsurance undertakings;

if the inclusion of the financial situation of the undertaking would be inappropriate or misleading with respect to the objectives of the supplementary supervision of insurance undertakings or reinsurance undertakings.

Official text · consolidated version 10/12/2005 (in force) Open full page ↗
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