Regulatory Outlook 2024
Solvency II reform: the beginning of the end
2024 should mark the beginning of the end for reforms to Solvency II. Having fired the starting gun in February 20191, almost four years later the Commission, European Parliament and European Council are negotiating the final contours of the reform package. Although leaders are aiming to conclude the negotiations by the end of the year, there is a realistic prospect of continuing into Q1 2024.
Political and technical negotiations (trilogues) running in parallel
The European institutions are currently seeking to close the gaps on both technical differences of detail as well as areas of political contention. Topics still under negotiation include the extent of sustainability disclosures, long-term guarantees and EIOPA’s role in cross-border supervision.
2024 reforms will focus on the Delegated Regulation
Once negotiations on the Directive are complete, work will begin almost immediately to amend the more detailed Delegated Regulation which underpins the Directive. Initial work on a draft Delegated Act began in 2022 and we expect the Commission to publish the draft text as soon as a trilogue deal is reached.
The draft is expected to support the key changes made to the Solvency II Directive – as well as potential further areas of reform, such as to the volatility adjustment, matching adjustment and the extrapolation of long-term interest rates.2
A new recovery and resolution framework
Alongside reform of the Solvency II Directive, the European institutions are also negotiating on the final form of a new Insurance Recovery and Resolution Directive (IRRD) which aims to provide a set of resolution tools if (re)insurers are failing or likely to fail. As with Solvency II, the institutions are aiming to complete negotiations by the end of the year, but there is also a possibility that they drag into Q1 2024.
New policy priorities under new European Commission and Parliament
Despite their expected finalisation in 2024, changes to Solvency II are not expected to come into force until mid-2025. In the meantime, a new European Parliament will be elected in June, and a new set of commissioners appointed to lead the European Commission. As such, all eyes will be on the new Commission in H2 2024 to understand to what extent insurance will feature in their policy priorities for the next legislative mandate 2024-2029.