Jurisdiction(s):
European Union

EEA insurance passporting under Solvency II: scope, branch versus cross-border services, notification and change procedures, host-state general good rules, home/host supervision and EIOPA co-operation

Published by a LexisNexis EU Law expert

Practice notes

This Practice Note outlines the passporting entitlements and associated notification obligations of insurance undertakings based in the EEA under Directive 2009/138/EC (the Solvency II Directive).

The Treaty and Solvency II

The Treaty on the Functioning of the European Union (TFEU) provides the overarching framework for freedom of establishment and the free movement of services within the EU. In the financial services sphere, including insurance, these freedoms are further detailed by the Single Market Directives.

The regulatory regime for EEA life and non-life insurers and reinsurers—covering supervision, solvency, risk management, governance, reporting and passporting—is set out in the Solvency II Directive, supported by Commission Delegated Regulation (EU) 2015/35 (the Solvency II Delegated Regulation) together with applicable Implementing and Regulatory Technical Standards (RTS). Under Solvency II, an insurance undertaking that has secured authorisation from its home state regulator may exercise the right of establishment and/or provide cross-border services in other EEA Member States.

The scope of passporting rights

Passporting rights under Solvency II extend to those undertakings that are capable of being authorised pursuant to...

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Web page updated on 21/05/2026

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