PwC's Managing upstream risk: Regulatory reform review - An asian perspective December 2013 | Page 29

On 25 November 2013 the Council of the European Union published the likely final compromise text of the Omnibus II. The publication of this text follows the conclusion of the technical debate at the Trilogue meeting of 13 November 2013 and provides clarity on some of the key requirements of the Solvency II regime. 2. Potential for easing the regulatory reporting requirements for smaller insurers. Below is a brief summary of some of the key areas where Omnibus II will amend Solvency II’s requirements: The European Parliament is currently scheduled to vote in plenary to approve the text in February 2014. Following approval by both the Parliament and Council the Directive will be published in the Official Journal (likely to be May 2014) and become part of EU law. 1. Further clarification on the Long Term Guarantee Package – • Risk-free curve and extrapolation o Extrapolation will now be performed over 40years as opposed to 30 years o The “ultimate forward rate” has not been specified within Omnibus II o No clarification within Omnibus II around how EIOPA will determine the level of credit risk adjustment which is deducted from observable market rates to arrive at the risk-free curve 3. Provisional ‘equivalence’ of third countries. 4. Transitional arrangements and phasing in. 5. Extension of the recovery period for a breach in the SCR and raising of the floor of the MCR Omnibus II confirms that the implementation date of Solvency II will be 1 January 2016 and requires Member States to transpose the Directive’s requirements into national law by 31 March 2015. National supervisors will be given the legal power to grant approvals in areas such as internal models and ancillary own funds from 1 April 2015. • Matching Adjustment (MA) o The requirement that asset cash flows cannot be changed by a third party has been slightly eased – inclusion of such an asset is now allowed provided its proceeds can be re-invested (in another asset of the same or better credit quality) to replace the expected cash flows o The prescribed limit on the proportion of portfolio invested in BBB rated assets has been removed and replaced with a cap o The MA cannot be used alongside the discount rate transitional measure • Volatility Adjustment (VA) o Member States may grant their supervisors the power to allow or, in exceptional circumstances, to reject the use of the VA Insurance | Regulatory Reform Review 29