Decree No. 289 / 2021 Coll.
Decree amending Decree No. 305 / 2016 Coll., on the submission of statements by insurance and reinsurance companies of the Czech National Bank
Valid
Order
Effective from 01.01.2022
Text versions:
01.01.2022
30.07.2021
289
DECLARATION
of 22 July 2021
amending Decree No. 305 / 2016 Coll., on the submission of statements by insurance and reinsurance undertakings to the Czech National Bank
The Czech National Bank provides pursuant to § 41 (3) of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 227 / 2013 Coll., pursuant to § 136 (2) of Act No. 277 / 2009 Coll., on Insurance, as amended by Act No. 304 / 2016 Coll., for the implementation of § 83 (1) and (2) and § 92k (1) of the Act No. 170 / 2018 Coll., on the distribution of insurance and reinsurance, as amended by Act No. 119 / 2020 Coll.:
Decree No. 305 / 2016 Coll., on the submission of statements by insurance and reinsurance companies to the Czech National Bank, is amended as follows:
1. Paragraph 2, including the title, reads:
Data File
(1) For the purposes of this decree, the data set shall mean an electronic data grouping with predefined data structures.
(2) The format and structure of the data file are methodically described, transmitted and processed as a whole by the information system. "
2. footnote 1 shall read:
"(1) For example, Article 304 and the following 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), as amended, Commission Implementing Regulation (EU) 2015 / 2450 of 2 December 2015 laying down implementing technical standards with regard to templates for the submission of information to supervisory authorities pursuant to Directive 2009 / 138 / EC of the European Parliament and of the Council, as amended. ';
3. In Paragraph 3 (2) (b), at the end of point 1, the word "a 'is replaced by a comma.
4. In Paragraph 3 (2) (b), at the end of point 2, the comma is replaced by "a 'and the following point 3 is added:
"3. POJ (ČNB) 26-04" The activity of policyholders offering the possibility of becoming insured, "'.
5. In Paragraph 3 (2), at the end of point (c), the word "a 'is replaced by a comma.
6. in Articles 3 (2) (d) and 4 (2) (c), the words "within 98 days of the end of the calendar year to which it relates" shall be replaced by the words "within the deadline for the submission of annual quantitative information under the directly applicable European Union Regulation (4)."
footnote 4:
"(4) Article 312 of Commission Delegated Regulation (EU) 2015 / 35, as amended. '
7. In Article 3, at the end of paragraph 2, the dot is replaced by "a 'and the following point (e) is added:
"(e) annually and submit, within the deadline for the submission of annual quantitative information pursuant to the directly applicable European Union4 Regulation, the POJ (CNB) report 90-01" Rents from liability insurance due to vehicle operation. "';
8. In Paragraph 5 (2), at the end of point (a), the word "a 'is replaced by a comma.
9. In Article 5, at the end of paragraph 2, the dot is replaced by "a 'and the following point (c) is added:
"(c) annually and submit within the deadline for the submission of annual quantitative information pursuant to the directly applicable European Union4) the POJ (CNB) report 90-01" Rents from the liability insurance for damage caused by the operation of the vehicle. "';
10.Paragraph 6 (3) reads as follows:
"(3) The branch of an insurance undertaking from a third State further compiles:
(a) quarterly and submit, within 35 days of the end of the calendar quarter to which it relates, the POJ (CNB) report 26-04 "Activity of policyholders offering the possibility of becoming insured"; and
(b) annually and within 60 days of the end of the calendar year to which it relates, submit the POJ (CNB) statement 36-01 "Intermediate activity for the insurance undertaking." '
11. in Article 7, the current text shall become paragraph 1 and the following paragraph 2 shall be added:
"(2) The branch of an insurance undertaking from another Member State shall draw up, on a quarterly basis and submit within 35 days of the end of the calendar quarter to which it relates, the POJ (CNB) Statement 26-04" The activity of policyholders offering the possibility of becoming insured. "
12.
Method and form of reporting
(1) The reporting person submits to the Czech National Bank the statements according to § 3 to 7 in electronic form as data messages in the format and structure of the data files.
(2) The data messages referred to in paragraph 1 are transmitted by means enabling remote access via the Internet application or user interface of the Czech National Bank collection system.
(3) The data report referred to in paragraph 1 shall be signed by the reporting person by a recognised electronic signature of the contact person.
(4) The reporting person shall communicate to the Czech National Bank the name, address of the workplace, telephone number and e-mail address of the contact person. The reporting agent shall inform the Czech National Bank without undue delay of any changes to this data. '
13. Article 11, including the title, shall be deleted;
14. In Annex, points 1 and 3, the words "Decree No 502 / 2002 Coll., implementing certain provisions of Act No 563 / 1991 Coll., on Accounting, as amended, for entities that are insurance undertakings, as amended," are replaced by the words "legislation governing the accounting of insurance or reinsurance undertakings."
15. In the Annex to point 6, the words "cost-sharing agreements, passive 'are deleted.
16. The following points 10 and 11 are added at the end of the Annex, including footnote 5:
"10. POJ (CNB) 90-01" Rents from liability insurance due to vehicle operation "
The statement shall contain an overview of the income from the liability insurance due to the operation of the vehicle, where it is recorded under non-life insurance provisions. The structure of the statement is based on the single reporting framework according to the directly applicable European Union Regulation (5).
11. POJ (ČNB) 26-04 "Activities of policy holders offering the possibility of becoming insured"
The statement shall contain an overview of the policy holders and details of their activities relating to offering the option of becoming an insured business, including an indication of which of the terms and conditions of the policyholder's entitlement to offer the option of being an insured person is met, the type and characteristics of the insurance product, the type of insurance, the date of establishment and the termination of insurance, the period of insurance, the number of insured on the last day of the calendar quarter and the premiums prescribed for the calendar quarter.
5) Commission Implementing Regulation (EU) 2015 / 2450, as amended. ';
Efficacy
This Decree shall take effect on 1 January 2022.
Governor:
Ing. Rusnok v. r.
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Regulation Information
| Citation | Decree No. 289 / 2021 Coll., amending Decree No. 305 / 2016 Coll., on the submission of statements by insurance and reinsurance companies to the Czech National Bank |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.07.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
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