COMMISSION IMPLEMENTING REGULATION (EU) 2019/2102

of 27 November 2019

amending Implementing Regulation (EU) 2015/2452 with regard to the disclosure of information used in the calculation of the adjustment for the loss-absorbing capacity of deferred taxes

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and in particular Article 56 thereof,

Whereas:

(1) Commission Delegated Regulation (EU) 2019/981 (2) has amended Delegated Regulation (EU) 2015/35 (3) to introduce further principles on deferred taxes to ensure a level playing field in the Union. Certain templates laid down in Commission Implementing Regulation (EU) 2015/2452 (4) should be adapted taking into account those amendments.

(2) Implementing Regulation (EU) 2015/2452 should therefore be amended accordingly.

(3) The amendments to Delegated Regulation (EU) 2015/35 that require the disclosure of information used in the calculation of the adjustment for the loss-absorbing capacity of deferred taxes are to apply from 1 January 2020. The amendments provided for in this Regulation are made to incorporate those requirements into the relevant templates laid down in Implementing Regulation (EU) 2015/2452. Therefore, this Regulation should apply from the same date.

(4) This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the Commission.

(5) The European Insurance and Occupational Pensions Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Insurance and Reinsurance Stakeholder Group established by Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (5),

HAS ADOPTED THIS REGULATION:

Article 1 Implementing Regulation (EU) 2015/2452 is amended as follows: (1) Annex I is amended in accordance with Annex I to this Regulation; (2) Annex II is amended in accordance with Annex II to this Regulation.

Article 2 This Regulation shall enter into force the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 November 2019. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 335, 17.12.2009, p. 1.

(2) Commission Delegated Regulation (EU) 2019/981 of 8 March 2019 amending Delegated Regulation (EU) 2015/35 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 161, 18.6.2019, p. 1).

(3) Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).

(4) Commission Implementing Regulation (EU) 2015/2452 of 2 December 2015 laying down implementing technical standards with regard to the procedures, formats and templates of the solvency and financial condition report in accordance with Directive 2009/138/EC of the European Parliament and of the Council (OJ L 347, 31.12.2015, p. 1285).

(5) Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).