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The mediation conducted by EIOPA's Mediation Panel involved the Autorité de contrôle prudentiel et de resolution, the French national supervisory authority, as host authority and the Central Bank of Ireland, as home authority of those insurance undertakings that offer this policy on a freedom to provide services in France.
In line with the risk-based approach of Solvency II and with the aim of promoting consistent supervisory practices, the Mediation Panel concluded that the determination of the insurance class should reflect the nature of risk of the given insurance policy rather than its actual legal form. Accordingly, the Mediation Panel supported the classification of "statutory risk" insurance policy in class 1 (Accident) and class 2 (Sickness) for new authorisations. In case the insurance policy contains death or any other life coverage, an authorisation for life insurance activity is also required.
Furthermore, insurance undertakings should have relevant expertise to ensure appropriate pricing, adequate provisioning and claims management practices, relevant to the risks to be covered and to the target market in the host Member State.