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AI Summary of Article 9 Resolution plans

Member States shall ensure resolution authorities, following consultation with the supervisory authority, draw up resolution plans for insurance and reinsurance undertakings not covered by group plans. Plans are required where resolution is more likely to be in the public interest or the undertaking performs a critical function; assessments must consider the need to achieve resolution objectives and factors including size, business model, risk profile, interconnectedness, substitutability and cross‑border activity. At least 40% of the life market (by gross technical provisions) and 40% of the non‑life market (by gross written premiums) must be subject to resolution planning; small and non‑complex undertakings are exempt unless posing particular national or regional risk. For significant cross‑border activity, home authorities must share drafts with host authorities, consider recommendations and may be subject to referral to EIOPA; plans must cover idiosyncratic and system‑wide scenarios and must not assume extraordinary public financial support except use of insurance guarantee schemes or financing arrangements.

Resolution plans must be reviewed at least every two years and after material legal, organisational or financial changes, with undertakings and supervisory authorities required to notify resolution authorities of events necessitating revision. Plans must set out options for applying resolution tools and contain specified elements (a)–(n): a key summary (to be disclosed to the undertaking), material changes, separation of critical functions, collateral identification, execution timeframes, detailed resolvability assessment, measures to remove impediments under Article 15, financing without extraordinary public support, alternative resolution strategies and timescales, critical interdependencies, employee impact and consultation procedures, communications plan, essential operations and systems, and any undertaking opinion. Resolution plans and changes shall be transmitted to supervisory authorities. EIOPA shall submit draft regulatory technical standards by 29 July 2026 and issue guidelines on criteria for identifying critical functions by 29 January 2027; the Commission is delegated the power to adopt the RTS.

Version status: Entered into force | Document consolidation status: No known changes
Version date: 28 January 2025 - onwards
Version 2 of 2

Article 9 Resolution plans

1. Member States shall ensure that resolution authorities, after having consulted the supervisory authority, draw up a resolution plan for each insurance or reinsurance undertaking that is not part of a group subject to resolution planning pursuant to Articles 10 and 11, and that meets the conditions laid down in paragraph 2 of this Article. The resolution plan shall provide for the resolution actions which the resolution authority may take where the insurance or reinsurance undertaking meets the conditions for resolution referred to in Article 19(1) or Article 20(3).