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AI Summary of Article 86 Delegated acts and regulatory and implementing technical standards

The Commission is empowered under Article 301a to adopt delegated acts specifying technical rules for calculating technical provisions: actuarial and statistical methods for the best estimate (Art.77(2)); the prudent deterministic valuation and its use (Art.77(8)); the relevant risk‑free interest rate term structure, including extrapolation formula and parameters, market depth/liquidity/transparency criteria, currency thresholds for long‑dated bonds and a phasing‑in mechanism (Art.77a); when to calculate provisions as a whole or as best estimate plus risk margin and the applicable methods (Art.77(4)); risk margin methodology including eligible own funds and cost‑of‑capital calibration (Art.77(5)); lines of business segmentation (Art.80); data standards and permitted approximations (Art.82); specifications for mortality stress (Art.77b), matching adjustment and fundamental spread (Art.77c), and the volatility adjustment including a credit spread sensitivity formula and loss‑attribution percentages (Art.77d). The Commission may set asset eligibility criteria for matching adjustment portfolios (1a) and amend the cost‑of‑capital within a 4–5% range following review (1b).

EIOPA must develop draft regulatory technical standards to harmonise the counterparty default adjustment and proportionate simplified methods for technical provisions; the Commission may adopt those RTS under Regulation (EU) No 1094/2010. EIOPA shall submit draft implementing technical standards specifying scenarios for the prudent deterministic valuation of life obligations within 12 months of the amending Directive and shall submit ITS on procedures for approval of the matching adjustment by 31 October 2014; the Commission is empowered to adopt those ITS under Article 15 of Regulation (EU) No 1094/2010.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 28 January 2025 - onwards
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Article 86 Delegated acts and regulatory and implementing technical standards

1. The Commission shall adopt delegated acts in accordance with Article 301a laying down the following:

(a) actuarial and statistical methodologies to calculate the best estimate referred to in Article 77(2);

(aa) the prudent deterministic valuation referred to in Article 77(8) as well as the conditions under which that valuation may be used to value the best estimate of technical provisions with options and guarantees;

(b)  the methodologies, principles and techniques for the determination of the relevant risk-free interest rate term structure to be used to calculate the best estimate referred to in Article 77(2), in particular:

(i) the formula for the extrapolation referred to in Article 77a(1), including the parameters that determine the convergence speed of the extrapolation;

(ii) the method for the determination of the depth, liquidity and transparency of markets for financial instruments referred to in Article 77a(1);