Amendment to Directive 2009/138/EC
Amendment details· last amended 9 Apr 2021
Last amended 9 Apr 2021 by Regulation (EU) 2021/557 of 31 March 2021.
Directive 2009/138/EC (opens EUR-Lex in a new tab) is amended as follows:
in Article 135, paragraphs 2 and 3 are replaced by the following:
‘2.
The Commission shall adopt delegated acts in accordance with Article 301a of this Directive supplementing this Directive by laying down the specifications for the circumstances under which a proportionate additional capital charge may be imposed when the requirements provided for in Articles 5 or 6 of Regulation (EU) 2017/2402 of the European Parliament and of the Council ((*2)) have been breached, without prejudice to Article 101(3) of this Directive.
3.
In order to ensure consistent harmonisation in relation to paragraph 2 of this Article, EIOPA shall, subject to Article 301b, develop draft regulatory technical standards to specify the methodologies for the calculation of a proportionate additional capital charge referred to therein.
The Commission is empowered to supplement this Directive by adopting the regulatory technical standards referred to in this paragraph in accordance with Articles 10 (opens EUR-Lex in a new tab) to 14 (opens EUR-Lex in a new tab) of Regulation (EU) No 1094/2010 (opens EUR-Lex in a new tab).
Article 308b(11) is deleted.