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New version applies from 21/03/2008 — introduced by Directive 2008/37/EC. 46 provisions change. Later versions: 01/07/2013.
View as of 21/03/2008 What changes

Directive 2005/68/EC

Not in force · replaced by Solvency II Directive

Compare contents with Act overview

10/12/2005 → 21/09/2007: 1 inserted · 0 removed · 113 amended · 0 moved · 60 renamed · 0 unchanged

Position-only shifts inside the same heading are not changes. Amended = the printed text changed.

Preamble

Recitals

Title I - SCOPE AND DEFINITIONS

Title II - THE TAKING-UP OF THE BUSINESS OF REINSURANCE AND AUTHORISATION OF THE REINSURANCE UNDERTAKING

  • amendedrenamed Article 3 Title II was “Article 3 - Principle of authorisation”
  • amendedrenamed Article 4 Title II was “Article 4 - Scope of authorisation”
  • amendedrenamed Article 5 Title II was “Article 5 - Form of the reinsurance undertaking”
  • amended Article 6 - Conditions Title II
  • amendedrenamed Article 7 Title II was “Article 7 - Close links”
  • amendedrenamed Article 8 Title II was “Article 8 - Head office of the reinsurance undertaking”
  • amendedrenamed Article 9 Title II was “Article 9 - Policy conditions and scales of premiums”
  • amendedrenamed Article 10 Title II was “Article 10 - Economic requirements of the market”
  • amendedrenamed Article 11 Title II was “Article 11 - Scheme of operations”
  • amendedrenamed Article 12 Title II was “Article 12 - Shareholders and members with qualifying holdings”
  • amendedrenamed Article 13 Title II was “Article 13 - Refusal of authorisation”
  • amendedrenamed Article 14 Title II was “Article 14 - Prior consultation with the competent authorities of other Member States”

Title III - CONDITIONS GOVERNING THE BUSINESS OF REINSURANCE

  • amendedrenamed Article 15 Title III › Chapter 1 › Section 1 was “Article 15 - Competent authorities and object of supervision”
  • amendedrenamed Article 16 Title III › Chapter 1 › Section 1 was “Article 16 - Supervision of branches established in another Member State”
  • amendedrenamed Article 17 Title III › Chapter 1 › Section 1 was “Article 17 - Accounting, prudential and statistical information: supervisory powers”
  • amendedrenamed Article 18 Title III › Chapter 1 › Section 1 was “Article 18 - Transfer of portfolio”
  • amended Article 19 - Acquisitions Title III › Chapter 1 › Section 2
  • inserted Article 19a - Assessment Title III › Chapter 1 › Section 2
  • amendedrenamed Article 20 Title III › Chapter 1 › Section 2 was “Article 20 - Acquisitions by financial undertakings”
  • amended Article 21 - Disposals Title III › Chapter 1 › Section 2
  • amendedrenamed Article 22 Title III › Chapter 1 › Section 2 was “Article 22 - Information to the competent authority by the reinsurance undertaking”
  • amendedrenamed Article 23 Title III › Chapter 1 › Section 2 was “Article 23 - Qualifying holdings: powers of the competent authority”
  • amended Article 24 - Obligation Title III › Chapter 1 › Section 3
  • amendedrenamed Article 25 Title III › Chapter 1 › Section 3 was “Article 25 - Exchange of information between competent authorities of Member States”
  • amendedrenamed Article 26 Title III › Chapter 1 › Section 3 was “Article 26 - Cooperation agreements with third countries”
  • amendedrenamed Article 27 Title III › Chapter 1 › Section 3 was “Article 27 - Use of confidential information”
  • amendedrenamed Article 28 Title III › Chapter 1 › Section 3 was “Article 28 - Exchange of information with other authorities”
  • amendedrenamed Article 29 Title III › Chapter 1 › Section 3 was “Article 29 - Transmission of information to central banks and monetary authorities”
  • amendedrenamed Article 30 Title III › Chapter 1 › Section 3 was “Article 30 - Disclosure of information to government administrations responsible for financial legislation”
  • amendedrenamed Article 31 Title III › Chapter 1 › Section 4 was “Article 31 - Duties of auditors”
  • amendedrenamed Article 32 Title III › Chapter 2 was “Article 32 - Establishment of technical provisions”
  • amendedrenamed Article 33 Title III › Chapter 2 was “Article 33 - Equalisation reserves”
  • amendedrenamed Article 34 Title III › Chapter 2 was “Article 34 - Assets covering technical provisions”
  • amendedrenamed Article 35 Title III › Chapter 3 › Section 1 was “Article 35 - General rule”
  • amendedrenamed Article 36 Title III › Chapter 3 › Section 1 was “Article 36 - Eligible items”
  • amendedrenamed Article 37 Title III › Chapter 3 › Section 2 was “Article 37 - Required solvency margin for non-life reinsurance activities”
  • amendedrenamed Article 38 Title III › Chapter 3 › Section 2 was “Article 38 - Required solvency margin for life reassurance activities”
  • amendedrenamed Article 39 Title III › Chapter 3 › Section 2 was “Article 39 - Required solvency margin for a reinsurance undertaking simultaneously conducting non-life and life reinsurance”
  • amendedrenamed Article 40 Title III › Chapter 3 › Section 3 was “Article 40 - Amount of the guarantee fund”
  • amendedrenamed Article 41 Title III › Chapter 3 › Section 3 was “Article 41 - Review of the amount of the guarantee fund”
  • amendedrenamed Article 42 Title III › Chapter 4 was “Article 42 - Reinsurance undertakings in difficulty”
  • amendedrenamed Article 43 Title III › Chapter 4 was “Article 43 - Financial recovery plan”
  • amendedrenamed Article 44 Title III › Chapter 4 was “Article 44 - Withdrawal of authorisation”

Title IV - PROVISIONS RELATING TO FINITE REINSURANCE AND SPECIAL PURPOSE VEHICLES

  • amendedrenamed Article 45 Title IV was “Article 45 - Finite reinsurance”
  • amendedrenamed Article 46 Title IV was “Article 46 - Special purpose vehicles”

Title V - PROVISIONS RELATING TO RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES

  • amendedrenamed Article 47 Title V was “Article 47 - Reinsurance undertakings not complying with the legal provisions”
  • amendedrenamed Article 48 Title V was “Article 48 - Winding-up”

Title VI - REINSURANCE UNDERTAKINGS WHOSE HEAD OFFICES ARE OUTSIDE THE COMMUNITY AND CONDUCTING REINSURANCE ACTIVITIES IN THE COMMUNITY

  • amendedrenamed Article 49 Title VI was “Article 49 - Principle and conditions for conducting reinsurance business”
  • amendedrenamed Article 50 Title VI was “Article 50 - Agreements with third countries”

Title VII - SUBSIDIARIES OF PARENT UNDERTAKINGS GOVERNED BY THE LAWS OF A THIRD COUNTRY AND ACQUISITIONS OF HOLDINGS BY SUCH PARENT UNDERTAKINGS

  • amendedrenamed Article 51 Title VII was “Article 51 - Information from Member States to the Commission”
  • amendedrenamed Article 52 Title VII was “Article 52 - Third country treatment of Community reinsurance undertakings”

Title VIII - OTHER PROVISIONS

  • amendedrenamed Article 53 Title VIII was “Article 53 - Right to apply to the courts”
  • amendedrenamed Article 54 Title VIII was “Article 54 - Cooperation between the Member States and the Commission”
  • amendedrenamed Article 55 Title VIII was “Article 55 - Committee procedure”
  • amendedrenamed Article 56 Title VIII was “Article 56 - Implementing measures”

Title IX - AMENDMENTS TO EXISTING DIRECTIVES

  • amendedrenamed Article 57 Title IX was “Article 57 - Amendments to Directive 73/239/EEC”
  • amendedrenamed Article 58 Title IX was “Article 58 - Amendments to Directive 92/49/EEC”
  • amendedrenamed Article 59 Title IX was “Article 59 - Amendments to Directive 98/78/EC”
  • amendedrenamed Article 60 Title IX was “Article 60 - Amendments to Directive 2002/83/EC”

Title X - TRANSITIONAL AND FINAL PROVISIONS

  • amendedrenamed Article 61 Title X was “Article 61 - Right acquired by existing reinsurance undertakings”
  • amendedrenamed Article 62 Title X was “Article 62 - Reinsurance undertakings closing their activity”
  • amendedrenamed Article 63 Title X was “Article 63 - Transitional period for Articles 57(3) and 60(6)”
  • amended Article 64 - Transposition Title X
  • amendedrenamed Article 65 Title X was “Article 65 - Entry into force”
  • amended Article 66 - Addressees Title X

Annexes

Official text · consolidated version 21/09/2007 (no longer in force)
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