On the 19 February, the European Insurance and Occupational Pensions Authority (EIOPA) issued Recommendations addressed to the National Competent Authorities (NCAs) providing guidance on the treatment of UK insurance undertakings and distributors with regard to cross-border services in the EU after the withdrawal of the UK from the EU without a withdrawal agreement. The Recommendations will apply as of the date following that on which the European Union’s acquis ceases to apply to and in the United Kingdom.
In principle, insurance contracts concluded before that date by UK insurance undertakings in the EU27 are valid after that date. However, the insurance undertakings would cease to be authorised to carry out insurance activities with regard to these cross-border insurance contracts.
The nine Recommendations range from the authorisation of third country-branches, the lapse of authorisation, the cooperation between the NCAs, the communication to policyholders and beneficiaries to distribution activities.
NCAs that comply or intend to comply with these Recommendations should incorporate them into their regulatory or supervisory framework in an appropriate manner and shall confirm to EIOPA whether they comply or intend to comply with these Recommendations, with reasons for noncompliance, within two months after the issuance of the translated versions.
The Recommendations can be accessed from EIOPA’s website:
https://eiopa.europa.eu/Publications/Standards/EIOPA-BoS-19-040_Recommendation_Brexit_final.pdf
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