Arrêté du 17 avril 2023 fixant les seuils d’application de la directive 2009/138/CE du Parlement européen et du Conseil du 25 novembre 2009 prenant en compte l’avis 2021/C 423/12 de la Commission européenne

The Order of 17 April 2023 (ECOT2307684A) was published on Légifrance in order to modify the Insurance Code, the Mutual Code and the Social Security Code regarding the adaptation to current inflation with respect to Solvency II.
The present order aims to update the amounts mentioned in the Solvency 2 directive of the European Parliament and Council from November 2009 by considering the EC’s Notice regarding the adaptation in line with inflation of the amounts laid down in the Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II).
The revised amounts have been defined by the EC based on Eurostat data. The present order is intended to reflect inflation and set the thresholds for Solvency 2’s application. The Arrêté restores the articles A. 310-2 of the code of insurance and A. 211-1 of the code of mutualism while creating the article A. 931-3 of the code of social security.
Article 1 of the present order re-establishes Article A. 310-2 of the Insurance Code, which sets the thresholds mentioned in Article L. 310-3-1. The thresholds are set as follows: a) €5.4 million, b) €26.6 million, and d) €600,000 for the amount of gross premium or contribution collections and €2.7 million for the amount of technical provisions.
Article 2 of the present order re-establishes Article A. 211-1 of the Mutual Code, which sets the thresholds mentioned in Article L. 211-10. The thresholds are set as follows: a) €5.4 million, b) €26.6 million, and i) €600,000 for the amount of gross premium or contribution collections and €2.7 million for the amount of technical provisions.
Article 3 of the present order modifies the Social Security Code. It creates a new sub-section 1 entitled „Sub-section 1: Scope of the so-called ‚Solvency II‘ regime“ within the third section of Chapter 1 of Title III of the regulatory part. It then creates Article A. 931-3 within this subsection, setting the thresholds mentioned in Article L. 931-6 as follows: a) €5.4 million, b) €26.6 million, and i) €600,000 for the amount of gross premium or contribution collections and €2.7 million for the amount of technical provisions.