The capital requirement for operational risk reflects operational risks, insofar as these are not already taken into account in the risk modules mentioned in article R. 352-5. This requirement is calibrated in accordance with 2° of Article R. 352-2.
In the case of life insurance contracts where the investment risk is borne by the policyholder, the subscriber or the beneficiary of the contract, the calculation of the capital requirement for operational risk takes into account the amount of annual expenses incurred for the purposes of these insurance commitments.
In the case of insurance and reinsurance operations other than those mentioned in the previous paragraph, the calculation of the capital requirement for operational risk takes account of the volume of these operations, in terms of premium income and prudential technical provisions mentioned in Article L. 351-2 which are set aside to meet the corresponding insurance and reinsurance commitments. The capital requirement for operational risk then does not exceed 30% of the Basic Solvency Capital Requirement relating to the insurance and reinsurance operations concerned.
The methods for calculating the capital requirement for operational risk are specified in Article 204 of Commission Delegated Regulation (EU) 2015/35 of 10 October 2014.