Resolution Of 25 Of March Of 2015, Of The Address General Of Insurance And Funds Of Inns, By Which Is Set Them Principles Applicable And The Content Of The Information To Present Before It Address General Of Insurance And Funds Of Inns, Pair...

Original Language Title: Resolución de 25 de marzo de 2015, de la Dirección General de Seguros y Fondos de Pensiones, por la que se fijan los principios aplicables y el contenido de la información a presentar ante la Dirección General de Seguros y Fondos de Pensiones, par...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3500

In accordance with article 16 of the Regulation (EU) No. 1094 / 2010 of the European Parliament and Council, November 24, 2010, which establishes a European authority of Supervision (European insurance and retirement pension authority), amending Decision No. 716/2009/EC and repealing Decision 2009/79/EC of the Commission and within the functions attributed to it , the authority European of safe and Inns of retirement (AESPJ) issued the 31 of October of 2013 a series of guidelines on the system of Government of them entities insurance, it evaluation internal prospective of them risks, the supply of information to the supervisor and the request prior of models internal, directed to the authorities of Supervision. These guidelines indicate the way of proceed in the phase preparatory prior to the application of the directive 2009 / 138 / CE of the Parliament European and of the Council, of 25 of November of 2009, on the safe of life, the access to the activity of safe and of reinsurance and its exercise, in forward directive of Solvency II.

These guidelines, that are of application from the 1 of January of 2014, have as object that them entities insurance and reinsurance, and them groups of entities insurance and reinsurance, are prepared, within the areas described previously, for when is fully applicable, with character mandatory, the regime of the directive of Solvency II starting from the 1 of January of 2016. At the same time, is intended to prevent each Member State from creating nationwide solutions, facilitating a coherent and convergent manner with respect to the preparation with these guidelines to the Solvency II directive.

Them authorities of supervision may apply and, in his case, move your content to them entities insurance and reinsurance, and to the groups of entities insurance and reinsurance. The order ECC/730/2014, of 29 April, temporary measures to facilitate the progressive adaptation of the insurance and reinsurance entities to the new regime of Solvency II, is aimed at the insurance companies and reinsurers, and groups of insurance companies and reinsurance companies, take as a reference cited guidelines for their progressive adaptation to the new regime of Solvency II and the establishment of the necessary mechanisms of information so that the Spanish supervisor can see the effective adaptation of them entities insurance and reinsurance, and them groups of entities insurance and reinsurance, to the guidelines of the authority European of safe and Inns of retirement (AESPJ) from the 1 of January of 2014 until the 31 of December of 2015.

In accordance with the provision additional second of the order ECC/730/2014, the resolution of the General Directorate of insurance and pension funds, on June 16, 2014, temporary measures to facilitate the progressive adaptation of the insurance and reinsurance entities to the new regime of the Solvency II directive, publicity given to the above guidelines and recommendations to date published by the European authority of insurance and retirement pension (AESPJ).

Paragraphs 5, 6, and 8 of article 1 of the order ECC/730/2014 establishes the obligation to the insurance companies and reinsurance companies, and groups of insurance companies and reinsurance companies, to introduce quantitative and qualitative information. The General Directorate of insurance and pension funds reported the extent of the duty provided for in the concerned sections of the ECC/730/2014 order entities and groups of entities that are on the threshold of reference, on an individual basis. He paragraph 9 of the article 1 of the same order sets, also, that it address General of insurance and funds of Inns may fix by resolution the content of the referred information quantitative and qualitative.

This resolution aims to realize the principles and content of the information to be submitted to the General Directorate of insurance and pension funds. Is considered appropriate, both by the greater agility in the processing as by the limited load that this supposed to them entities, that the information is sent in support electronic.

Under it willing in the paragraph 9 of the article 1 and in the available additional first and of the order ECC / 730 / 2014, of 29 of April, of measures temporary to facilitate the progressive adaptation of them entities insurance and reinsurance to the new regime of Solvency II, resolve: first. Provision of quantitative information to the General Directorate of insurance and pension funds, in the preparatory phase.

One. Approve annual and quarterly quantitative models for insurance companies, reinsurers and groups of insurance companies and reinsurance companies, which will be published on the website of the General Directorate of insurance and pension funds, http://www.dgsfp.mineco.es/ as annexes 1 to 4 to this resolution.

Two. Them models approved only will be of application for the information quantitative annual corresponding to the exercise that ends the 31 of December of 2014 and for the quantitative quarterly corresponding to the quarter that ends the 30 of September of 2015 and are additional to the obligations of remission of documentation countable to send under it established in the article 66 of the regulation of management and Supervision of them safe private approved by Royal Decree 2486 / 1998, dated 20 November.

Second. Provision of qualitative information to the General Directorate of insurance and pension funds, in the preparatory phase.

Is approves the content minimum of the information qualitative annual corresponding to the exercise that ends the 31 of December of 2014 to send by entities insurance and reinsurance, and groups of entities insurance and reinsurance, in it relative to the system of Government, the management of capital, the valuation as well as the political of information of them same, that is published in the web site of the address General of safe and funds of Inns , http://www.dgsfp.mineco.es/ as annex 5 of this resolution.

Third party. Deadlines for submission, thresholds and format of presentation of quantitative and qualitative information to the General Directorate of insurance and pension funds, in the preparatory phase.

One. Models approved in the first paragraph, together with qualitative information indicated in the second paragraph, should be sent in accordance with the provisions of paragraphs 5, 6, 7 and 8 of the order ECC/730/2014, 29 April, temporary measures to facilitate the progressive adaptation of the insurance and reinsurance entities to the new regime of Solvency II.

Two. The powers conferred to the General Directorate of insurance and pension funds article 70.2 of the text revised law of management and Supervision of private insurances, approved by Royal Legislative Decree 6/2004, of 29 October, quantitative and qualitative information established in the first and second paragraphs shall be sent by electronic means.

Available end only. Effects.

This resolution will produce effects from the day following its publication in the "Official Gazette".

Madrid, 25 March 2015.-the General Director of insurance and pension funds, Maria Flavia Rodríguez-Ponga Salamanca.