December 21, 2017

EIOPA issued an Opinion on service continuity in light of the withdrawal of the UK from the EU. The Opinion underlines the importance of sufficient preparation so that undertakings can continue to service contracts following the UK’s withdrawal from EU and prevent insurance activities without authorization. The Opinion is addressed to insurance undertakings and national supervisory authorities.

The Opinion recommends steps to be taken by insurance undertakings and national supervisory authorities to ensure service continuity of cross-border business between the UK and the 27 EU member states (EU27). Steps will depend on the particular situation of the affected undertaking. They may include:

  • Transfer of contracts of UK undertakings with policyholders in the EU27 to an insurance subsidiary established in an EU27 member state
  • Transfer of insurance contracts of EU27 undertakings with UK policyholders to an insurance subsidiary established in the UK
  • Establishment of a third-country branch in the UK or in the EU27 member state of the policyholder
  • For UK undertakings in the legal form of a European company, the change of domicile of the company to an EU27 member state

Additionally, insurance undertakings are advised to have contingency plans for the eventuality that there is no political agreement between the EU and the UK at the date of withdrawal. Supervisory authorities are also recommended to take appropriate steps to ensure that insurance undertakings are adequately prepared and have, for example, conducted realistic impact assessments and developed adequate contingency plans, allowing sufficient time to implement the plans. EIOPA will monitor, in close cooperation with national supervisory authorities, the development and implementation of the contingency plans.

 

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Keywords: Europe, EU, Insurance, Brexit, Opinion, Service Continuity, EIOPA

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