The adjustment to take account of the loss-absorbing capacity of prudential technical provisions within the meaning of Article L. 351-2 and deferred taxes, referred to in Article R. 352-4, reflects the potential offset of unexpected losses by a simultaneous decrease in either prudential technical provisions or deferred taxes, or a combination of the two.
This adjustment takes account of the risk mitigation effect inherent in future discretionary participation in insurance contracts, insofar as insurance and reinsurance undertakings can demonstrate that they have the possibility of reducing this participation to cover unexpected losses at the time they occur. The risk mitigation effect inherent in the future discretionary participation shall not exceed the sum of the technical provisions and the deferred taxes relating to this future discretionary participation.
For the application of the previous paragraph, the value of the future discretionary participation calculated in unfavourable circumstances is compared to the value of this participation calculated according to the assumptions underlying the calculation of the best estimate.
The detailed rules for the application of this Article are set out in Articles 205 to 207 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014.