TURKISH INSURANCE SECTOR IN EU PROGRESS REPORTS
INSURANCE IN TURKEY’S 2007 PROGRESS REPORT
Turkey’s 2007 Progress Report prepared by the European Commission was published on 6 November 2007. The report analyzes the developments in the Turkish insurance sector, the difficulties faced in the harmonization process and the priorities of the sector under different chapters. While in previous Progress Reports, the Turkish insurance sector was criticized for having limited alignment, the 2007 Progress Report indicated for the first time that “good progress” had been achieved in the area of insurance and occupational pensions.
In 2007, before the publication of the Progress Report, the Association held meetings both in Brussels and Ankara at the European Commission DG Internal Market, Delegation of the European Commission to Turkey and the Secretariat General for EU Affairs. During these meetings, thorough presentations were made on the developments in the sector and copies of the new Turkish Insurance Law, which had been translated into English and published both in Turkish and English by the Association, were distributed to the officials of these institutions. The Association, therefore, welcomed the positive assessments on insurance in the Progress Report.
In the 2007 Progress Report, general assessments on insurance are made under the “Economic Criteria” title. Other assessments are made under different chapters. Under Chapter 4 (Free Movement of Capital), the adoption of a new implementing regulation for the collateral requirements in the insurance sector and under Chapter 14 (Transport Policy), the adoption of an implementing legislation on liability insurance for air carriers were underlined. Under Chapter 17 (Economic and Monetary Policy), the progress regarding the prohibition of privileged access by the public sector to financial institutions, through the adoption of the new Insurance Law, is mentioned. Assessments on block exemptions in insurance are made under Chapter 8 (Competition Policy); while a thorough analysis is made under Chapter 9 (Financial Services).
Under Chapter 9 (Financial Services), the 2007 Progress Report makes the following assessments for the Turkish insurance sector:
“Good progress has been made in insurance and occupational pensions. A new Insurance Code - Law No. 5684 on Insurance - was adopted and published in the Official Gazette. It regulates the taking up and pursuit of the insurance and reinsurance business and established rules for insurance mediation. Secondary legislation governing technical reserves, collaterals, general conditions for annuities and contractual information for policy holders has also been adopted. The introduction of out-of-court settlement body for customer protection is a welcome development. However, the new insurance law is only partly in line with the acquis, since certain basic principles of the EU insurance law are not respected. The freedom to set tariffs is restricted in the compulsory insurance sector and policy conditions are subject to approval by the Treasury.
Turkey introduced "miscellaneous financial expenses" and "assistance" as two additional insurance classes. Turkey adopted new secondary legislation setting the rules for the calculation of technical provisions and the asset types that can be held as technical reserves, as well as secondary regulation concerning financial reporting requirements of insurance, reinsurance and occupational pension companies. As far as specific non-life insurance acquis is concerned, no progress can be reported as regards co-insurance, credit insurance, legal expenses insurance and tourist assistance.
Turkey transposed the acquis which sets the minimum insurance requirements for air carriers and aircraft operators in respect of passengers, baggage, cargo, third parties and mail. Turkey introduced new legislation as regards the compulsory motor insurance which to a limited extent liberalizes the motor insurance tariffs. In addition, Turkey adopted legislation which extended the scope of the insurance guarantee scheme, including all types of compulsory insurances. Turkey adopted secondary legislation concerning minimum qualifications of occupational pension companies' staff and actuaries.
No progress can be reported on the enforcement capacity and the independence of the General Directorate of Insurance and the Insurance Supervisory Board which regulate and supervise the insurance sector. Alignment with the acquis is partial in the area of insurance and supplementary pensions.”
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INSURANCE IN TURKEY’S 2006 PROGRESS REPORT
Turkey’s 2006 Progress Report prepared by the European Commission was published on 8 November 2006. The report analyzes the developments in the Turkish insurance sector, the difficulties faced in the harmonization process and the priorities of the sector under different chapters.
In the 2006 Progress Report, general assessments on insurance are made under the “Economic Criteria” title, assessments on co-ordination of social security systems are made under Chapter 2, Freedom of Movement for Workers and assessments on block exemptions in insurance are made under Chapter 8, Competition Policy; while a thorough analysis is made under Chapter 9, Financial Services.
In the 2006 Progress Report, the Turkish insurance sector is criticized for having limited alignment.
In the 2006 Progress Report, regarding the insurance sector, the following assessments were made under the title “Economic Criteria”.
‘Banks and multinationals lead the small insurance sector. The insurance sector is currently regulated by the Treasury. The non-banking financial sector has further grown’.
Under Chapter 2, Freedom of Movement for Workers, Universal Health Insurance Law is mentioned following assessments are made:
‘As regards co-ordination of social security systems, the new social security reform laws contain elements regulating the conditions of work and social security rights of foreign nationals. Foreign nationals residing in Turkey for more than a year will be covered under the Universal Health Insurance Law.’
Under Chapter 8, Competition Policy, it is stated that legislative alignment is needed on sector specific block exemption rules in insurance, telecommunications and postal services, as well as the incorporation of rules on horizontal cooperation agreements and de minimis.
Under Chapter 9, Financial Services, the following assessments are made regarding the insurance sector.
‘Some progress can be reported in the area of insurance and supplementary pensions. A new solvency regime was adopted for insurance, reinsurance, and occupational pension companies. It resembles the EU Solvency-I framework that is currently in force, but it is also inspired by the ongoing Solvency-II study. The current Insurance Supervision Law is outdated; several provisions have been annulled by court decisions. Turkey has no specific
legislation on the supervision of insurance groups, consolidated insurance accounting and reinsurance. The latter is currently regulated as non-life insurance. As far as specific non-life insurance acquis is concerned, Turkey has no provisions on co-insurance, credit insurance, legal expense insurance and tourist assistance. The Undersecretariat of the Treasury regulates and supervises the insurance sector, including supplementary pensions. Within the Treasury, the General Directorate of Insurance (GDI) is responsible for regulatory activities and off-site supervision, whereas the Insurance Auditory Board (IAB) conducts on-site monitoringactivities. Their enforcement capacity, independence and co-ordination are at an early stage.Even though there has been some progress, alignment with the acquis is limited in the area of insurance.’
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INSURANCE IN TURKEY’S 2005 PROGRESS REPORT
Turkey’s 2005 Progress Report prepared by the European Commission was published on 9 November 2005. The report analyzes the developments in the Turkish insurance sector, the difficulties faced in the harmonization process and the priorities of the sector under different chapters.
In the previous Progress Reports, assessments on insurance were mainly made under the chapter on “Freedom to Provide Services”. However, in the 2005 Progress Report, assessments on insurance were mainly made under Chapter 9, Financial Services; as well as under Chapter 4, Free Movement of Capital; Chapter 8, Competition Policy and Chapter 17, Economic and Monetary Policy.
Under Chapter 8, Competition Policy, it is stated that there are no sector-specific block exemption regulations on motor vehicle distribution, insurance, telecommunications and postal services.
Under Chapter 9, Financial Services, it is stated that the acquis in the field of financial services includes rules for the authorisation, operation and supervision of financial institutions in the areas of banking, insurance, supplementary pensions, investment services and securities markets . Financial institutions can operate across the EU in accordance with the “home country control” principle either by establishing branches or by providing services on a cross-border basis.
Under Chapter 9, Financial Services the following assessments were made regarding the insurance sector:
“Since the last Regular Report, limited progress can be reported in the area of insurance and supplementary pensions sector. The insurance market remains relatively limited in Turkey.Public awareness of the significance of insurance is still very limited and the number ofinsured persons and insurance premiums per capita are accordingly low. Insurance premiums in terms of percentage of GNP remain at a very low level, both with regard to life and non-life insurance.
The overall alignment with the acquis remains limited in the insurance sector. The existing legislation is outdated and some articles have been annulled by court decisions, a problem which might create regulatory and supervisory gaps. Ex-ante tariff controls and pre-approval procedures for licensing are still in place. The Reinsurance Monopoly Law is still in force.The existing pool system for the non-life reinsurance based on compulsory cessions to a single operator is not in line with market economy principles. Foreign insurance companies can provide services by getting approval from the relevant ministry, provided that they establish branches in Turkey. Attention should be paid that vehicles are covered against third party liability.
The Treasury adopted a new accounting plan and the relevant implementing legislation,
which aim at improving the information gathering and reporting standards in the insurance sector and to improve the alignment with EU standards. Furthermore, a new implementing legislation for the accounting system has been introduced to further align the standards for the financial tables.
Conclusion:
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Concerning insurance, some progress can be reported. The Treasury has adopted a new accounting plan and the implementing legislation for insurance companies, based on EU practises. However, the overall alignment with acquis remains limited. There is not yet an insurance law addressing the deficiencies in the regulation and supervision. Co-ordination among supervisory authorities has improved but further enhancement remains needed.Prudential standards are not in line with the EU norms. The quality of the financial reporting remains rather low.
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