Instruction No. 2020-I-05 of April 9, 2020 repealing Instruction No. 2018-I-12 regarding European prudential documents to be communicated annually and quarterly by supplementary occupational pension schemes

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2020-I-05 repealing Instruction No. 2018-I-12 of July 11, 2018, regarding European prudential documents to be communicated annually and quarterly by supplementary occupational pension schemes, as amended by Instructions No. 2020-I-14 of December 16, 2020 and No. 2021-I-25 of December 16, 2021

The Prudential Control and Resolution Authority, Having regard to Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision ('IORP II'); Having regard to EIOPA_BoS/18_114 'Decision of the Board of Supervisors on EIOPA's regular information requests towards NCAs regarding provision of occupational pensions information' of April 10, 2018; Having regard to the Insurance Code, in particular Articles L. 381-1, L. 385-6 and R. 385-17; Having regard to the Monetary and Financial Code, in particular Articles L. 612-2 and L. 612-24; Having regard to the Mutual Insurance Code, in particular Articles L. 214-1 and L. 214-12; Having regard to the Social Security Code, in particular Articles L. 942-1 and L. 942-11; Having regard to the opinion of the Prudential Affairs Consultative Committee of March 18, 2020, DECIDES

Article 1: Hereinafter referred to as "supplementary occupational pension schemes" are the supplementary occupational pension funds mentioned in Article L. 381-1 of the Insurance Code, the supplementary occupational pension mutuals or unions mentioned in Article L. 214-1 of the Mutual Insurance Code, and the supplementary occupational pension institutions mentioned in Article L. 942-1 of the Social Security Code.

Article 2: Supplementary occupational pension schemes shall submit annually to the Prudential Control and Resolution Authority, within the time limits provided for in Article 5, the following statements:

• PFE.01.01.30 - Content of individual annual submissions [with ECB add-ons]

• PFE.01.02.30 - General information [with ECB add-ons]

• PFE.02.01.30 - Balance sheet [with ECB add-ons]

• PF.04.03.24 - Cross-border activities

• PF.05.03.24 - Expenses

• PFEF.06.02.30 - Investment statement [with ECB add-ons]

• PF.06.03.24 - UCITS and investment funds - Transparency approach

• PF.09.02.24 - Investment income

• PF.29.05.24 - Evolution of technical provisions

• PFE.50.01.30 - Member data [with ECB add-ons]

• PF.51.01.24 - Premiums, benefits, transfers flows

• EP.02.01.30 - Statistics / Assets

• EP.03.01.30 - Statistics / Liabilities

• EP.04.01.30 - Statistics / Liabilities by country

The templates for the statements are established in accordance with the annex to Decision EIOPA BoS/18-114 of April 10, 2018, as amended by Decision EIOPA-BoS-20-362 of June 2, 2020, and the joint technical instructions to EIOPA and the ECB for pension funds reporting (Technical instructions for EIOPA and ECB Pension Funds reporting using the XBRL taxonomy).

As an exception, the statement PFEF.06.02.30 is established according to the template defined in the annex to this instruction.

Article 3: Supplementary occupational pension schemes shall submit quarterly to the Prudential Control and Resolution Authority, within the time limits provided for in Article 6, the following statements:

• PFE.01.01.31 - Content of individual quarterly ECB submissions
• PFE.01.02.31 - General information [with ECB add-ons]
• PFE.02.01.30 - Balance sheet [with ECB add-ons]
• PFEF.06.02.30 - Investment statement [with ECB add-ons]
• EP.02.01.30 - Statistics / Assets

The templates for the statements are established in accordance with the annex to Decision EIOPA BoS/18-114 of April 10, 2018, as amended by Decision EIOPA-BoS-20-362 of June 2, 2020, and the joint technical instructions to EIOPA and the ECB for pension funds reporting (Technical instructions for EIOPA and ECB Pension Funds reporting using the XBRL taxonomy).

As an exception, the statement PFEF.06.02.30 is established according to the template defined in the annex to this instruction.

Article 4: Supplementary occupational pension schemes shall submit to the Prudential Control and Resolution Authority, via electronic transmission using the XBRL (eXtensible Business Reporting Language) computer format, the quantitative information defined in Articles 2 and 3 of this instruction. Monetary quantitative information must comply with the controls defined in the technical documentation published by the European Insurance and Occupational Pensions Authority ('EIOPA'), the European Central Bank, and the ACPR. In the context of their submission to the Prudential Control and Resolution Authority, the information described in Articles 2 and 3 must bear an electronic signature under the conditions set by the Prudential Control and Resolution Authority's Instructions No. 2015-I-18 and No. 2017-I-12.

Article 5: Supplementary occupational pension schemes shall transmit to the Prudential Control and Resolution Authority the annual quantitative statements mentioned in Article 1 according to the following schedule:

• No later than 20 weeks after the close of the company's financial year, for financial years closed between July 1, 2019 and January 1, 2020;
• No later than 18 weeks after the close of the company's financial year, for financial years closed between January 2, 2020 and January 1, 2021;
• No later than 16 weeks after the close of the company's financial year, for financial years closed between January 2, 2021 and January 1, 2022;
• No later than 14 weeks after the close of the company's financial year, for financial years closed from January 2, 2022 onwards.

Article 6: Supplementary occupational pension schemes shall transmit to the Prudential Control and Resolution Authority the quarterly quantitative statements mentioned in Article 3 according to the following schedule:

• No later than 8 weeks after the end of the quarter, for quarterly financial periods closed between July 1, 2019 and January 1, 2021;
• No later than 7 weeks after the end of the quarter, for quarterly financial periods closed between January 2, 2021 and January 1, 2022;
• No later than 6 weeks after the end of the quarter, for quarterly financial periods closed between January 2, 2022 and January 1, 2023;
• No later than 5 weeks after the end of the quarter, for quarters closed from January 2, 2023 onwards.

Article 7: The technical and methodological procedures for submission are defined by the current ACPR instructions.

Article 8: Instruction No. 2018-I-12 of July 11, 2018 regarding European prudential documents to be communicated annually and quarterly by supplementary occupational pension schemes is repealed and replaced by this instruction. References to the repealed Instruction No. 2018-I-12 found in other instructions shall be understood as references to this instruction.

Article 9: This instruction applies to supplementary occupational pension schemes as of financial years closed from October 31, 2019 for quarterly submissions, and from December 31, 2019 for annual submissions.

Paris, April 9, 2020 For the Insurance Sector Sub-College The President,