The insurance industry and the financial crisis London Insurance Institute London, 17 March 2010 Prof. Karel VAN HULLE Head of Insurance and Pensions 1 Financial crisis and insurance • Insurers went through the crisis relatively unharmed • Strong cash flows, long-term liability driven investment policies, stable customer base • Insurers that had problems were involved in extensive banking or credit operations • Lack of proper risk management has been an issue in a number of cases 2 Actions undertaken • Close co-operation in the context of G20, Financial Stability Board and Joint Forum • ECOFIN action plan • Proposal to improve the supervisory architecture in the EU • Question to all parties concerned whether Solvency II needed to be changed 3 Recapitulation: Why Solvency II? • Present capital requirements are not sufficiently risk sensitive • Group supervision is not dealt with in its own right • More efficient capital allocation would allow insurers to take on more risks • Supervisory convergence must be strengthened 4 Solvency II: 3 pillars and a roof Group supervision & cross-sectoral convergence Groups are recognised as an economic entity => supervision on a consolidated basis (diversification benefits, group risks) Pillar 1: quantitative requirements 1. Harmonised calculation of technical provisions 2. "Prudent person" approach to investments instead of current quantitative restrictions 3. Two capital requirements: the Solvency Capital Requirement (SCR) and the Minimum Capital Requirement (MCR) Pillar 2: qualitative requirements and supervision Pillar 3: prudential reporting and public disclosure 1. Enhanced governance, internal control, risk management and own risk and solvency assessment (ORSA) 1. Common supervisory reporting 2. Strengthened supervisory review, harmonised supervisory standards and practices 2. Public disclosure of the financial condition and solvency report (market discipline through transparency) 5 Solvency II Timetable for 2007-2012 2006 2007 2008 Directive Directive adoption development (Council & (Commission) Parliament) 2009 2010 2011 2012 Implementation (Member states) CEIOPS work on technical advice necessary for implementing measures / supervisory convergence / preparation for implementation / training & development Adoption of implementing measures Commission preparatory work implementing measures July 2007 Solvency II Proposal - Adopted Directive published in December 2009 QIS 2 QIS 3 QIS 4 October 2012 Solvency II enters into force QIS 5 6 7 Solvency II and financial crisis • Stakeholders confirm that Solvency II is needed because of higher level of harmonisation and risk orientation • CEIOPS publishes paper « lessons learned from the financial crisis » in March 2009 • Text of Framework Directive is amended in order to introduce provisions dealing with financial crisis situations 8 Changes in Solvency II Framework Directive • Supervisory authorities shall give proper consideration to financial stability and potential procyclical effects of their actions • Symmetric adjustment mechanism in equity risk sub-module • Extension of recovery period in the event of exceptional fall in financial markets 9 Adaptations at Levels 2 and 3 • Pillar 1: Quality of the capital, alternative risk transfer, market risk, correlation between risks • Pillar 2: Reliance on CRA’s, liquidity risk, internal models • Pillar 3: possible procyclical effects of market value based disclosures 10 What remains to be done on SII? • Commission drafting of implementing measures based upon CEIOPS’ advice but in close co-operation with MS and stakeholders • QIS 5 will be the ultimate test of the standard formula • Implementing measures to be accompanied by impact assessment 11 Timing for SII • • • • • • Commission Proposal (s): end 2010 Stakeholder meeting QIS 5: 30 April 2010 Public Hearing: 4 May 2010 Final technical specifications: June 2010 Start of QIS 5: August 2010 Adoption of implementing measures: end 2011 12 Supervisory architecture • De Larosière expert group delivers report end February 2009 • Proposal to keep supervision at national level but with strengthening of EU level • Policy proposals by EC end May 2009 • European Council agrees: 19 June 2009 • EC Legislative proposals: September 2009 13 Two pillars of new supervisory structure •European Systemic Risk Board (ESRB); and •European System of Financial Supervisors (ESFS). 14 ESFS structure • Steering Committee (replacing JCFC) • European Supervisory Authorities: – European Banking Authority – European Insurance and Occupational Pensions Authority – European Securities Markets Authority • National Supervisors 15 EIOPA • Binding technical standards: common rulebook • Binding mediation: conflicts between supervisors, application of EU rules • Group supervision: observer in colleges • Crisis-management • Full-time Chairman and more resources 16 State of progress • Political agreement in Council in December 2009 • Vote in EP expected in June/July 2010 • To be followed by amendments in sectoral legislation • Changes in insurance legislation expected some time in Spring 2010 • EIOPA to start: 1 January 2011 17 Concluding remarks • Need to strike the right balance in Solvency II between prudence and efficient allocation of capital • Solvency II will seriously upgrade the level of supervisory convergence • The creation of EIOPA will lead to further professionalisation of supervision 18