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1. Member States shall ensure that there is appropriate protection for title transfer financial collateral arrangements, set-off and netting arrangements, and reinsurance agreements so as to prevent the transfer of some, but not all, of the rights and liabilities that are protected under a title transfer financial collateral arrangement, a set-off arrangement, a netting arrangement or a reinsurance agreement between the undertaking under resolution and another person and the modification or termination of rights and liabilities that are protected under such a title transfer financial collateral arrangement, a set-off arrangement, a netting arrangement or a reinsurance agreement through the use of ancillary powers. For the purposes of the first subparagraph, rights and liabilities are to be treated as protected under a title transfer financial collateral arrangement, a set-off arrangement, a netting arrangement or a reinsurance agreement where the parties to the arrangement or agreement are entitled to set-off or net those rights and liabilities.

2. Notwithstanding paragraph 1, where necessary to better protect policy holders by ensuring that insurance policies that are transferred continue to meet the relevant legal requirements with respect to compulsory minimum levels of coverage under applicable national law, resolution authorities may transfer those portfolios of contracts that are part of arrangements and agreements as referred to in paragraph 1 without transferring other assets, rights and liabilities that are part of the same arrangements and agreements, and may transfer, modify or terminate those assets, rights and other liabilities without transferring the portfolios of contracts.