Public guidance notes for QA on Guidelines

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Information on EIOPA’s Question and Answer (Q&A) process and
guidance for submitting questions
1. What is the purpose of the Q&A process?
The process is a means for EIOPA to address questions from stakeholders on
particular regulatory tools and processes after they have been issued. The
questions and answers will be published on EIOPA’s public website.
EIOPA intends that the answers will clarify the intention or meaning of the tools
and processes, or, where appropriate, provide guidance on how these should be
interpreted within a particular context.
The objective is to ensure the consistent and effective application of the
regulation in the EEA.
The establishment of a Q&A process is based on the responsibilities and powers
bestowed upon EIOPA by Regulation (EU) No 1094/2010 of the European
Parliament and of the Council of 24 November 2010 (hereafter the ‘Regulation’),
in particular;

as established in Articles 8(1)(b) and 29 of the regulation, EIOPA shall play
an active role in building a common Union supervisory culture and
consistent supervisory practices, as well as in ensuring uniform procedures
and consistent approaches throughout the Union.

as established under Article 29(2) of
objectives set out in Article 29(1)
develop new practical instruments
common supervisory approaches and
the Regulation, in order to meet the
the Authority may, as appropriate,
and convergence tools to promote
practices.
The answers provided by EIOPA are of non-binding nature and do not constitute
professional or legal advice. Answers on Guidelines are without prejudice to the
discretion of national competent authorities to decide how to comply with
Guidelines.
2. Who can ask questions?
Questions can be asked by all parties, including institutions, individuals, entities,
federations, national authorities, etc.
3. What questions can I ask?
Any question relating to the interpretation, application, or implementation of
listed regulatory tools published by EIOPA.
4. How should I ask questions?
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Questions should be submitted to EIOPA via the template on website. Please see
below for guidance on how to complete the template.
5. When will I get an answer?
EIOPA aims to answer questions within 6 weeks. However, depending on the
complexity of the question a longer period might be required, in which case
stakeholders will be informed of any expected delays.
Translations are likely to cause delay to the development and publication of the
response, where the question has been asked in another language than English.
6. How will I know that my question has been answered?
You will receive an email notification informing you that your question has been
answered.
7. Do I have to use a certain language?
You can ask your question in any official EU language. However, please be
aware that if your question is not in English this will involve translation and
therefore there may be a delay in responding to your question.
8. In what language will the questions and answer be published?
Questions and answers will only be published on the website in English. Where a
question is asked in another official EU language, the answer will be provided in
that language directly to the inquirer. The question and answer will then be
translated and published on the website.
Completing the template for submitting questions
Please find guidance below on how to complete the different fields in the
template for submitting questions to the Q&A process. You must complete all the
fields indicated with an asterisk (*) in order for your question to be answered.
Only the question and answer will be published.
Your personal data will be handled according to the relevant data protection rules
as stated in EIOPA’s Legal Notice.
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Document
Select one of EIOPA published documents from the list in the drop down menu
(e.g. Guidelines on Complaints Handling for insurance undertakings).
Reference
Provide the relevant reference within the selected document (e.g. Article,
paragraph, topic).
Organisation
Provide the organisation that you represent or state ‘private individual’.
Contact person
Provide your full name
Email
Provide an email address, to enable EIOPA to contact you, for example to
request further information or clarification on the question, and to inform you
when the question has been answered.
Member state
Select the EU or EEA member state in which you reside, or if select ‘not
applicable’ (N/A) if you reside outside of the EU.
National competent authority
If you work for a financial institution, for example an insurance or reinsurance
undertaking, which is supervised by a national financial regulatory or supervisory
authority, provide the name of that national authority. If you do not work for
such an institution, please select ‘not applicable’ (N/A).
Question
Questions should be as specific as possible and practical examples are always
helpful. Including a reference to a legal text can help as long as it is not overly
long, otherwise the use of precise references is recommended.
Hypothetical questions (like: "What would happen if x happens?" or "What would
have been the consequence under provision x if y had happened?") cannot be
answered.
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You are also kindly requested to check before submitting your question that it
has not already been asked.
Relevant background information (if applicable)
Please provide any background information that is necessary to understand the
question. Background information should also be as short and concise as
possible, although practical examples can be helpful.
You may also use this space to provide your view on what the answer to the
question should be and add arguments supporting your view.
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