Directive 2009/138/EC of the European Parliament and of the CouncilShow full title

Article 92 Implementing measures

1. The Commission shall adopt implementing measures specifying the following:

(a) the criteria for granting supervisory approval in accordance with Article 90;

(b) the treatment of participations, within the meaning of the third subparagraph of Article 212(2), in financial and credit institutions with respect to the determination of own funds.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 301(3).

2. Participations in financial and credit institutions as referred to in paragraph 1(b) shall comprise the following:

(a) participations which insurance and reinsurance undertakings hold in:

(i)

credit institutions and financial institutions within the meaning of Article 4(1) and (5) of Directive 2006/48/EC,

(ii)

investment firms within the meaning of point 1 of Article 4(1) of Directive 2004/39/EC;

(b) subordinated claims and instruments referred to in Article 63 and Article 64(3) of Directive 2006/48/EC which insurance and reinsurance undertakings hold in respect of the entities defined in point (a) of this paragraph in which they hold a participation.