+DIRECTIVE 2002/87/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council
---+CHAPTER I OBJECTIVE AND DEFINITIONS
------+Article 1 Subject matter
------+Article 2 Definitions
------+Article 3 Thresholds for identifying a financial conglomerate
---------+Article 3 1.
---------+Article 3 2.
---------+Article 3 3.
---------+Article 3 3a.
---------+Article 3 4.
---------+Article 3 5.
---------+Article 3 6.
---------+Article 3 7.
---------+Article 3 8.
---------+Article 3 9.
------+Article 4 Identifying a financial conglomerate
---------+Article 4 1.
---------+Article 4 2.
---------+Article 4 3.
---+CHAPTER II SUPPLEMENTARY SUPERVISION
------+SECTION 1 SCOPE
---------+Article 5 Scope of supplementary supervision of regulated entities referred to in Article 1
------------+Article 5 1.
------------+Article 5 2.
------------+Article 5 3.
------------+Article 5 4.
------------+Article 5 5.
------+SECTION 2 FINANCIAL POSITION
---------+Article 6 Capital adequacy
------------+Article 6 1.
------------+Article 6 2.
------------+Article 6 3.
------------+Article 6 4.
------------+Article 6 5.
---------+Article 7 Risk concentration
------------+Article 7 1.
------------+Article 7 2.
------------+Article 7 3.
------------+Article 7 4.
------------+Article 7 5.
---------+Article 8 Intra-group transactions
------------+Article 8 1.
------------+Article 8 2.
------------+Article 8 3.
------------+Article 8 4.
------------+Article 8 5.
---------+Article 9 Internal control mechanisms and risk management processes
------------+Article 9 1.
------------+Article 9 2.
------------+Article 9 3.
------------+Article 9 4.
------------+Article 9 5.
------------+Article 9 6.
------+SECTION 3 MEASURES TO FACILITATE SUPPLEMENTARY SUPERVISION AND POWERS OF THE JOINT COMMITTEE
---------+Article 9a Role of the Joint Committee
---------+Article 9b Stress testing
------------+Article 9b 1.
------------+Article 9b 2.
---------+Article 10 Competent authority responsible for exercising supplementary supervision (the coordinator)
------------+Article 10 1.
------------+Article 10 2.
------------+Article 10 3.
---------+Article 11 Tasks of the coordinator
------------+Article 11 1.
------------+Article 11 2.
------------+Article 11 3.
------------+Article 11 4.
---------+Article 12 Cooperation and exchange of information between competent authorities
------------+Article 12 1.
------------+Article 12 2.
------------+Article 12 3.
------------+Article 12 4.
---------+Article 12a Cooperation and exchange of information with the Joint Committee
------------+Article 12a 1.
------------+Article 12a 2.
------------+Article 12a 3.
---------+Article 12b Common guidelines
------------+Article 12b 1.
------------+Article 12b 2.
---------+Article 13 Management body of mixed financial holding companies
---------+Article 14 Access to information
------------+Article 14 1.
------------+Article 14 2.
---------+Article 15 Verification
---------+Article 16 Enforcement measures
---------+Article 17 Additional powers of the competent authorities
------------+Article 17 1.
------------+Article 17 2.
------+SECTION 4 THIRD COUNTRIES
---------+Article 18 Parent undertakings in a third country
------------+Article 18 1.
------------+Article 18 1a.
------------+Article 18 2.
------------+Article 18 3.
---------+Article 19 Cooperation with third-country competent authorities
---+CHAPTER III DELEGATED ACTS AND IMPLEMENTING MEASURES
------+Article 20 Powers conferred on the Commission
------+Article 21 Committee
---------+Article 21 1.
---------+Article 21 4.
---------+Article 21 6.
------+Article 21a Technical standards
---------+Article 21a 1.
---------+Article 21a 1a.
---------+Article 21a 2.
---------+Article 21a 3.
------+Article 21b Common Guidelines
------+Article 21c Exercise of the delegation
---------+Article 21c 1.
---------+Article 21c 2.
---------+Article 21c 3.
---------+Article 21c 4.
---------+Article 21c 5.
---+CHAPTER IV AMENDMENTS TO EXISTING DIRECTIVES
------+Article 23 Amendments to Directive 79/267/EEC
------+Article 25 Amendments to Directive 92/96/EEC
------+Article 26 Amendments to Directive 93/6/EEC
------+Article 27 Amendments to Directive 93/22/EEC
------+Article 29 Amendments to Directive 2000/12/EC
---+CHAPTER V ASSET MANAGEMENT COMPANIES
------+Article 30 Asset management companies
------+Article 30a Alternative investment fund managers
---------+Article 30a 1.
---------+Article 30a 2.
------+Article 30b Accessibility of information on the European single access point
---------+Article 30b 1.
---------+Article 30b 2.
---------+Article 30b 3.
---------+Article 30b 4.
---------+Article 30b 5.
---+CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS
------+Article 31 Report by the Commission
---------+Article 31 1.
---------+Article 31 2.
------+Article 32 Transposition
------+Article 33 Entry into force
------+Article 34 Addressees
---+ANNEX I
---+ANNEX II
English - European Union - Financial Industry -

DIRECTIVE 2002/87/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council

DIRECTIVE 2002/87/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 December 2002

on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council

1. Apžvalga

,
Pavadinimas Reguliavimas
CHAPTER I OBJECTIVE AND DEFINITIONS CHAPTER I OBJECTIVE AND DEFINITIONS
CHAPTER II SUPPLEMENTARY SUPERVISION CHAPTER II SUPPLEMENTARY SUPERVISION
CHAPTER III DELEGATED ACTS AND IMPLEMENTING MEASURES CHAPTER III DELEGATED ACTS AND IMPLEMENTING MEASURES
CHAPTER IV AMENDMENTS TO EXISTING DIRECTIVES CHAPTER IV AMENDMENTS TO EXISTING DIRECTIVES
CHAPTER V ASSET MANAGEMENT COMPANIES CHAPTER V ASSET MANAGEMENT COMPANIES
CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS
ANNEX I




ANNEX I

CAPITAL ADEQUACY

The calculation of the supplementary capital adequacy requirements of the regulated entities in a financial conglomerate referred to in Article 6(1) shall be carried out in accordance with the technical principles and one of the methods described in this Annex.

Without prejudice to the provisions of the next paragraph, Member States shall allow their competent authorities, where they assume the role of coordinator with regard to a particular financial conglomerate, to decide, after consultation with the other relevant competent authorities and the conglomerate itself, which method shall be applied by that financial conglomerate.

Member States may require that the calculation be carried out according to one particular method among those described in this Annex if a financial conglomerate is headed by a regulated entity which has been authorised in that Member State. Where a financial conglomerate is not headed by a regulated entity within the meaning of Article 1, Member States shall authorise the application of any of the methods described in this Annex, except in situations where the relevant competent authorities are located in the same Member State, in which case that Member State may require the application of one of the methods.

I.   Technical principles

1.   Extent and form of the supplementary capital adequacy requirements calculation

Whichever method is used, when the entity is a subsidiary undertaking and has a solvency deficit, or, in the case of a non-regulated financial sector entity, a notional solvency deficit, the total solvency deficit of the subsidiary has to be taken into account. Where in this case, in the opinion of the coordinator, the responsibility of the parent undertaking owning a share of the capital is limited strictly and unambiguously to that share of the capital, the coordinator may give permission for the solvency deficit of the subsidiary undertaking to be taken into account on a proportional basis.

Where there are no capital ties between entities in a financial conglomerate, the coordinator, after consultation with the other relevant competent authorities, shall determine which proportional share will have to be taken into account, bearing in mind the liability to which the existing relationship gives rise.

2.   Other technical principles

Regardless of the method used for the calculation of the supplementary capital adequacy requirements of regulated entities in a financial conglomerate as laid down in Section II of this Annex, the coordinator, and where necessary other competent authorities concerned, shall ensure that the following principles will apply:

(i) 

the multiple use of elements eligible for the calculation of own funds at the level of the financial conglomerate (multiple gearing) as well as any inappropriate intra-group creation of own funds must be eliminated; in order to ensure the elimination of multiple gearing and the intra-group creation of own funds, competent authorities shall apply by analogy the relevant principles laid down in the relevant sectoral rules;

(ii) 

pending further harmonisation of sectoral rules, the solvency requirements for each different financial sector represented in a financial conglomerate shall be covered by own funds elements in accordance with the corresponding sectoral rules; when there is a deficit of own funds at the financial conglomerate level, only own funds elements which are eligible according to each of the sectoral rules (cross-sector capital) shall qualify for verification of compliance with the additional solvency requirements;

where sectoral rules provide for limits on the eligibility of certain own funds instruments, which would qualify as cross-sector capital, these limits would apply mutatis mutandis when calculating own funds at the level of the financial conglomerate;

when calculating own funds at the level of the financial conglomerate, competent authorities shall also take into account the effectiveness of the transferability and availability of the own funds across the different legal entities in the group, given the objectives of the capital adequacy rules;

where, in the case of a non-regulated financial sector entity, a notional solvency requirement is calculated in accordance with section II of this Annex, notional solvency requirement means the capital requirement with which such an entity would have to comply under the relevant sectoral rules as if it were a regulated entity of that particular financial sector; in the case of asset management companies, solvency requirement means the capital requirement set out in Article 5a(1)(a) of Directive 85/611/EEC; the notional solvency requirement of a mixed financial holding company shall be calculated according to the sectoral rules of the most important financial sector in the financial conglomerate.

II.   Technical calculation methods

Method 1:   ‘Accounting consolidation’ method

The calculation of the supplementary capital adequacy requirements of the regulated entities in a financial conglomerate shall be carried out on the basis of the consolidated accounts.

The supplementary capital adequacy requirements shall be calculated as the difference between:

(i) 

the own funds of the financial conglomerate calculated on the basis of the consolidated position of the group; the elements eligible are those that qualify in accordance with the relevant sectoral rules;

and

(ii) 

the sum of the solvency requirements for each different financial sector represented in the group; the solvency requirements for each different financial sector are calculated in accordance with the corresponding sectoral rules.

The sectoral rules referred to are in particular Directives 2000/12/EC, Title V, Chapter 3, as regards credit institutions, 98/78/EC as regards insurance undertakings, and 93/6/EEC as regards credit institutions and investment firms.

In the case of non-regulated financial sector entities which are not included in the aforementioned sectoral solvency requirement calculations, a notional solvency requirement shall be calculated.

The difference shall not be negative.

Method 2:   ‘Deduction and aggregation’ method

The calculation of the supplementary capital adequacy requirements of the regulated entities in a financial conglomerate shall be carried out on the basis of the accounts of each of the entities in the group.

The supplementary capital adequacy requirements shall be calculated as the difference between:

(i) 

the sum of the own funds of each regulated and non-regulated financial sector entity in the financial conglomerate; the elements eligible are those which qualify in accordance with the relevant sectoral rules;

and

(ii) 

the sum of

— 
the solvency requirements for each regulated and non-regulated financial sector entity in the group; the solvency requirements shall be calculated in accordance with the relevant sectoral rules, and
— 
the book value of the participations in other entities of the group.

In the case of non-regulated financial sector entities, a notional solvency requirement shall be calculated. Own funds and solvency requirements shall be taken into account for their proportional share as provided for in Article 6(4) and in accordance with Section I of this Annex.

The difference shall not be negative.

▼M6

Method 3:   ‘Combination method’

Competent authorities may allow a combination of method 1 and method 2.

▼B

ANNEX II




ANNEX II

TECHNICAL APPLICATION OF THE PROVISIONS ON INTRA-GROUP TRANSACTIONS AND RISK CONCENTRATION

The coordinator, after consultation with the other relevant competent authorities, shall identify the type of transactions and risks regulated entities in a particular financial conglomerate shall report in accordance with the provisions of Article 7(2) and Article 8(2) on the reporting of intra-group transactions and risk concentration. When defining or giving their opinion about the type of transactions and risks, the coordinator and the relevant competent authorities shall take into account the specific group and risk management structure of the financial conglomerate. In order to identify significant intra-group transactions and significant risk concentration to be reported in accordance with the provisions of Articles 7 and 8, the coordinator, after consultation with the other relevant competent authorities and the conglomerate itself, shall define appropriate thresholds based on regulatory own funds and/or technical provisions.

When overviewing the intra-group transactions and risk concentrations, the coordinator shall in particular monitor the possible risk of contagion in the financial conglomerate, the risk of a conflict of interests, the risk of circumvention of sectoral rules, and the level or volume of risks.

Member States may allow their competent authorities to apply at the level of the financial conglomerate the provisions of the sectoral rules on intra-group transactions and risk concentration, in particular to avoid circumvention of the sectoral rules.

1.1 Nuorodos

1.2 Nustatyti reikalavimai

1.3 Susiję standartai

2. Nustatyti reikalavimai

Reikalavimai
Šaltinis Reikalavimas

3. Susiję standartai

Standartai
Šaltinis Reikalavimas

Susietos užduotys