Access to information
1.Member States shall provide that their competent authorities responsible for exercising supplementary supervision are to have access to any information which would be relevant for the purpose of supervision of an insurance undertaking or a reinsurance undertaking subject to such supplementary supervision. The competent authorities may address themselves directly to the relevant undertakings referred to in Article 3(2) to obtain the necessary information only if such information has been requested from the insurance undertaking or the reinsurance undertaking and has not been supplied by it.
2.Member States shall provide that their competent authorities may carry out within their territory, themselves or through the intermediary of persons whom they appoint for that purpose, on-the-spot verification of the information referred to in paragraph 1 at:
the insurance undertaking subject to supplementary supervision,
the reinsurance undertaking subject to supplementary supervision,
subsidiary undertakings of that insurance undertaking,
subsidiary undertakings of that reinsurance undertaking,
parent undertakings of that insurance undertaking,
parent undertakings of that reinsurance undertaking,
subsidiary undertakings of a parent undertaking of that insurance undertaking.
subsidiary undertakings of a parent undertaking of that reinsurance undertaking.
3.Where, in applying this Article, the competent authorities of one Member State wish in specific cases to verify important information concerning an undertaking situated in another Member State which is a related insurance undertaking, a related reinsurance undertaking, a subsidiary undertaking, a parent undertaking or a subsidiary of a parent undertaking of the insurance undertaking or of the reinsurance undertaking subject to supplementary supervision, they must ask the competent authorities of that other Member State to have that verification carried out. The authorities which receive such a request must act on it within the limits of their jurisdiction by carrying out the verification themselves, by allowing the authorities making the request to carry it out or by allowing an auditor or expert to carry it out.
The competent authority which made the request may, if it so wishes, participate in the verification when it does not carry out the verification itself.