Article 1
Criteria and factors for the purposes of EIOPA temporary product intervention powers
1. For the purposes of Article 16(2) of Regulation (EU) No 1286/2014, EIOPA shall assess the relevance of all factors and criteria listed in paragraph 2, and consider all relevant factors and criteria in determining when the marketing, distribution or sale of certain insurance-based investment products or a type of financial activity or practice creates a significant investor protection concern or a threat to the orderly functioning and integrity of financial markets or to the stability of the whole or part of the financial system of the Union.
For the purpose of the first subparagraph, EIOPA may determine the existence of a significant investor protection concern or a threat to the orderly functioning and integrity of financial markets or to the stability of whole or part of the financial system of the Union based on one or more of those factors or criteria.
2. The factors and criteria to be assessed by EIOPA to determine whether there is a significant investor protection concern or a threat to the orderly functioning and integrity of financial markets or to the stability of whole or part of the financial system of the Union shall be the following:
(a) |
the degree of complexity of the insurance-based investment product or type of financial activity or practice of an insurance or reinsurance undertaking, taking into account, in particular:
|
(b) |
the size of potential detrimental consequences, considering in particular:
|
(c) |
the type of investors involved in a financial activity or financial practice or to whom an insurance-based investment product is marketed or sold, taking into account, in particular:
|
(d) |
the degree of transparency of the insurance-based investment product or type of activity or practice, taking into account, in particular:
|
(e) |
the particular characteristics or underlying assets of the insurance-based investment product, financial activity or financial practice, including any embedded leverage, taking into account, in particular:
|
(f) |
the existence and degree of disparity between the expected return or profit for investors and the risk of loss in relation to the insurance-based investment product, financial activity or financial practice, taking into account, in particular:
|
(g) |
the ease and cost with which investors are able to sell the relevant insurance-based investment product or to switch to another product, taking into account, in particular:
|
(h) |
the pricing and associated costs of insurance-based investment product, financial activity or financial practice, taking into account, in particular:
|
(i) |
the degree of innovation of an insurance-based investment product, a financial activity or a financial practice, taking into account in particular:
|
(j) |
the selling practices associated with the insurance-based investment product, taking into account, in particular:
|
(k) |
the financial and business situation of the issuer of an insurance-based investment product, taking into account, in particular:
|
(l) |
whether the underlying assets of the insurance-based investment product or financial activities or financial practice pose a high risk to the performance of transactions entered into by participants or investors in the relevant market; |
(m) |
whether the characteristics of an insurance-based investment product make it particularly susceptible to being used for the purposes of financial crime, in particular whether those characteristics could potentially encourage the use of the insurance-based investment products for:
|
(n) |
whether the financial activity or financial practice poses a particularly high risk to the resilience or smooth operation of markets; |
(o) |
whether an insurance-based investment product, financial activity or financial practice could lead to a significant and artificial disparity between prices of a derivative and those in the underlying market; |
(p) |
whether an insurance-based investment product, financial practice or financial activity poses a high risk to the market or payment systems infrastructure, including trading, clearing and settlement systems; |
(q) |
whether an insurance-based investment product, financial activity or financial practice may threaten investors' confidence in the financial system; or |
(r) |
whether the insurance-based investment product, financial practice or financial activity poses a high risk of disruption to financial institutions deemed to be important to the financial system of the Union. |
(3) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).