Instruction No. 2025-I-02 of April 16, 2025 on Annual Prudential Documents to be Submitted by Entities Subject to ACPR Supervision under the Solvency II Regime

AUTORITÉ DE CONTRÔLE PRUDENTIEL ET DE RÉSOLUTION

Instruction No. 2025-I-02 on Annual Prudential Documents To Be Submitted by Entities Subject to Supervision by the Prudential Control and Resolution Authority (ACPR) Relevant to the So-Called "Solvency II" Regime Replacing Instruction No. 2023-I-13 of October 12, 2023

The Prudential Control and Resolution Authority, Having regard to Delegated Regulation (EU) No 2015/35 of the European Commission of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II); Having regard to Implementing Regulation (EU) 2023/894 of the European Commission of 4 April 2023 defining implementing technical standards regarding information reporting templates to supervisory authorities under Directive 2009/138/EC of the European Parliament and of the Council; Having regard to the Monetary and Financial Code, in particular Articles L. 511-37, L. 517-4, L. 517-9, L. 612-2 and L. 612-24; Having regard to the Insurance Code, in particular Articles L. 134-1, L. 144-2, L. 310-3-1, L. 322-1-2, L. 322-1-3, L. 322-26-1, L. 322-26-4, L. 341-1 to L. 341-4, L. 345-2, L. 345-3, L. 355-1, L. 356-1, L. 356-2, L. 356-21, R. 322-7, R. 322-57, R. 341-9 and D. 344-5; Having regard to the Mutual Code, in particular Articles L. 111-4-2, L. 114-17, L. 114-34, L. 114-46-2, L. 211-5, L. 211-10, L. 212-1, L. 211-10 and D. 114-11; Having regard to the Social Security Code, in particular Articles L. 931-6, L. 931-9 and D. 931-37; Having regard to the Social Security Code, in particular Articles L. 931-2-2, L. 931-33-3, L. 931-6, L. 931-9, R. 931-3-27 and D. 931-37; Having regard to the Commercial Code, in particular Articles L. 123-12, L. 223-9, L. 225-40, L. 225-88, L. 225-102, L. 232-1, L. 233-16, L. 821-53 and R. 225-31; Having regard to Decree No. 2015-1121 of 4 September 2015 amending the statistical statements of insurance companies, mutual societies and provident institutions in the field of complementary social protection; Having regard to the Order of 24 June 2008 defining the procedures for transmission to the Prudential Control and Resolution Authority of data relating to medical liability;

Having regard to the Order of 13 December 2022 relating to the classification of commitments arising from attacks on information and communication systems; Having regard to the opinion of the Prudential Affairs Consultative Commission of 3 April 2025, DECIDES

Article 1 I. Without prejudice to the submission obligations defined in Delegated Regulation (EU) No 2015/35 of the Commission of 10 October 2014 and Implementing Regulation No 2023/894 of 4 April 2023, the following entities are subject to this instruction: a. insurance and reinsurance entities subject to the so-called "Solvency II" regime mentioned in Articles L. 310-3-1 of the Insurance Code, L. 211-10 of the Mutual Code and L. 931-6 of the Social Security Code; b. groups mentioned in point 5° of Article L. 356-1 of the Insurance Code and subject to group supervision in application of the second and third paragraphs of Article L. 356-2 of the same code, such as:

• insurance group companies and mutual insurance group companies mentioned in Articles L. 322-1-2 and L. 322-1-3 of the Insurance Code;
• mutual group unions mentioned in Article L. 111-4-2 of the Mutual Code;
• social protection insurance group companies mentioned in Article L. 931-2-2 of the Social Security Code;
• mixed financial holding companies mentioned in Article L. 517-4 of the Monetary and Financial Code, included in group supervision within the meaning of Article L. 356-2 of the Insurance Code;
• insurance and reinsurance entities subject to the so-called "Solvency II" regime, mentioned in Articles L. 310-3-1 of the Insurance Code, L. 211-10 of the Mutual Code and L. 931-6 of the Social Security Code, when they are also participating undertakings within the meaning of point 3° of Article L. 356-1 of the Insurance Code. II. Mutual societies and unions that have entered into a substitution agreement pursuant to Article L. 211-5 of the Mutual Code, and whose annual accounts are drawn up by the entity that has substituted for them, are subject only to the submission obligations defined in I., II. and III. of Article 3 of this instruction. These submissions may be made within the same time limits by the substituting mutual society or union.

Article 2 I. The entities referred to in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within four months following the close of the annual fiscal year, the statements that, among the following statements established according to the models defined in Annex A of this instruction, are applicable to them:

• FR.01.01 - Content of the submission

• FR.01.02 - Basic information

• FR.02.01 - Balance Sheet

• FC.02.01 - Balance Sheet by legal compartment

• FG.02.01 - Balance Sheet for the general fund

• FR.03.01 - Technical income statement for life operations

• FC.03.01 - Life technical income statement by legal compartment

• FR.03.02 - Technical income statement for non-life

• FR.03.03 - Non-technical income statement

• FC.03.03 - Non-technical income statement by legal compartment

• FR.04.01 - Variation of equity for insurance companies

• FR.04.02 - Variation of equity for mutual societies

• FR.04.03 - Variation of equity for provident institutions -

• FR.05.01 - Variation of fixed assets

• FR.06.01 - Breakdown of the amount of provisions (non-technical liabilities)

• FR.07.01 - Details of deferred accounts

• FR.08.01 - Breakdown of general expenses by nature and destination, Breakdown of personnel costs, Commitments towards members of management bodies

• FR.09.01 - Income and expenses from voluntary contributions in kind

• FR.10.01 - Financial data relating to social welfare activities

• FR.11.01 - Prospective evolution of the capitalization reserve, undiscounted

• FR.12.01 - Breakdown of financial results by type of movements, by type of flows and by nature of securities

• FR.13.01 - Income statement by category (life & bodily injury)

• FR.13.02 - Income statement by category (mixed & bodily injury)

• FR.13.03 - Income statement by category (non-life & bodily injury)

• FR.13.04 - Income statement by category (life & bodily injury) - Branches

• FR.13.05 - Income statement by category (mixed & bodily injury) - Branches

• FR.13.06 - Income statement by category (non-life & bodily injury) - Branches

• FR.20.01 - Survey on Applied Rates - Monitoring of the revaluation rates of mathematical provisions

• FR.22.01 - Profit participation / surpluses - General Fund

• FR.22.02 - Profit participation / surpluses - Euro Growth

• FR.22.03 - Profit participation / surpluses - PERP

• FR.22.04 - Reconciliation with the income statement and balance sheet

• FR.22.05 - Profit participation / surpluses – Category 14

• FR.23.01 - Guaranteed minimum rate, monitoring of envelopes

• FR.24.01 – Provisions for claims not yet reported - construction insurance

• FR.25.01 - Operations carried out on behalf of unions of provident institutions

• FR.26.01 - Monitoring of branch 26 agreements

• FR.27.01 - Status report on substitution activity

• FR.30.01 - Valuation of real estate assets II. The entities referred to in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within four months following the close of the annual fiscal year, the following statements that are applicable to them:

• FR.14.01 - Insured persons, covered persons and beneficiaries by type of cover

• FR.14.02 - Premiums and benefits by type of cover

• FR.14.03 - Medical expenses paid during the fiscal year

• FR.14.04 - Supplements on medical expenses: management fees, delegated management of a mandatory health scheme, complementary solidarity health insurance and additional solidarity tax

• FR.21.01 - Medical liability (total)

• FR.21.02 - Medical Liability - Gynecology / Obstetrics

• FR.21.03 - Medical Liability - Anesthesia / Resuscitation

• FR.21.04 - Medical Liability - Surgery

• FR.21.04 - Medical Liability - Other specialties

• FR.29.01 - Internal Models - Coverage of the Solvency Capital Requirement in Standard Formula - Solo. By exception, this statement is to be submitted to the Prudential Control and Resolution Authority, within eight months following the close of the fiscal year. III. The entities referred to in I. b. of Article 1 shall submit to the Prudential Control and Resolution Authority, within eight months following the close of the annual fiscal year, the statement defined in Annex C of this instruction:

• FR.29.01 - Internal Models - Coverage of the Solvency Capital Requirement in Standard Formula – Groups. IV. Captive reinsurance undertakings mentioned in point 3° of Article L. 350-2 of the Insurance Code are exempted from submitting a fraction of the statements mentioned in I of this Article. The following statements are concerned:

• FR.05.01 - Variation of fixed assets

• FR.06.01 - Breakdown of the amount of provisions (non-technical liabilities)

• FR.07.01 - Details of deferred accounts

• FR.08.01 - Breakdown of general expenses by nature and destination, Breakdown of personnel costs, Commitments towards members of management bodies

• FR.09.01 - Income and expenses from voluntary contributions in kind

• FR.11.01 - Prospective evolution of the capitalization reserve, undiscounted

• FR. 12.01 - Breakdown of financial results by type of movements, by type of flows and by nature of securities

• FR.23.01 - Guaranteed minimum rate, monitoring of envelopes

Article 3 I. The entities referred to in Article 1 shall submit to the Prudential Control and Resolution Authority, within four months following the close of the annual fiscal year:

• general information, as shown in Annex B of this instruction. II. The entities referred to in I. of Article 1 shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the general meeting:

• the annual accounts published in application of Articles L. 123-12 of the Commercial Code, L. 341-1 to L. 341-4 of the Insurance Code, L. 114-46-2 of the Mutual Code, L. 931-33-3 of the Social Security Code, L. 517-9 and L. 511-37 of the Monetary and Financial Code;

• the management report drawn up in application of Articles L. 225-102 and L. 232-1 of the Commercial Code, Articles L. 322-26-2-4 and L. 341-3 of the Insurance Code, the third paragraph of Article L. 114- 17 and Article L. 114-46-2 of the Mutual Code, and Article L. 931-33-3 of the Social Security Code;

• the report of the statutory auditors on the annual accounts, in application of Article L. 821-53 of the Commercial Code, L. 341-3 of the Insurance Code, L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code;

• the special report of the statutory auditors on all regulated agreements, as provided for in the third paragraph of Article L. 225-40, in the third paragraph of Article L. 225-88 and in Article R. 225-31 of the Commercial Code, in point 1° of IV of Article R. 322-57 and in Article R. 322-7 of the Insurance Code, in Article L. 114-34 of the Mutual Code, in Article R. 931-3-27 of the Social Security Code. III. The entities mentioned in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the board of directors or the supervisory board, and no later than June 30 following the close of the annual fiscal year:

• the report on the procedures for preparing and verifying financial and accounting information provided for in Article R. 341-9 of the Insurance Code; IV. In addition to the documents mentioned in II of Article 3, the entities mentioned in I. b. of Article 1 shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the general meeting, the following documents required, where applicable, in application of Article L. 233-16 of the Commercial Code, Articles L. 341-3 and L. 345-2 to L. 345-3 of the Insurance Code, L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code:

• consolidated or combined accounts, in application of the articles specified in the first paragraph;

• the group management report drawn up in application of Article L. 233-16 of the Commercial Code, Article L. 341-3 of the Insurance Code, Article L. 114 46-2 of the Mutual Code and Article L. 931-33-3 of the Social Security Code;

• the report of the statutory auditors on the consolidated or combined accounts, in application of Articles L. 821-53 of the Commercial Code, L. 341-3 of the Insurance Code, L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code. V. Mutual insurance companies defined in Article L. 322-26-1 of the Insurance Code and companies mentioned in Article L. 322-26-4 of the Insurance Code shall submit to the Prudential Control and Resolution Authority, within four months following the close of the annual fiscal year:

• the special report of the statutory auditors concerning insurance contracts of any nature entered into with the company by its directors, members of the supervisory board, members of the executive board, salaried executives and their spouses, ascendants and descendants, as provided for in point 2° of IV of Article R. 322-57 of the Insurance Code. VI. The entities mentioned in I. a. of Article 1, covering directly commitments falling under Article L. 144-2 of the Insurance Code, shall submit to the Prudential Control and Resolution Authority, within six months following the close of the annual fiscal year:

• the annual report on the actuarial balance and the administrative, technical and financial management of the plan (PERP), as provided for in III of Article L. 144-2 of the Insurance Code. VII. The entities mentioned in I. a. of Article 1, covering directly commitments falling under Article L. 134-1 of the Insurance Code in force on January 1, 2020, shall submit to the Prudential Control and Resolution Authority, within six months following the close of the annual fiscal year:

• the report relating to the results of financial management and the implementation of investment guidelines of the auxiliary allocation accounting, provided for in Article R. 134-13 of the Insurance Code in its version in force before January 1, 2020, within the limits set by Article 9 of Decree No. 2019-1437 of December 23, 2019.

Article 4 Instruction No. 2014-I-03 of March 3, 2014 amending Instruction No. 2011-I-02 of January 11, 2011 establishing the supplementary table to the investment statements is repealed. Instruction No. 2013-I-02 of May 28, 2013 establishing the profit participation control statement - C22 is repealed. Instruction No. 2013-I-03 of May 28, 2013 establishing the statement on guaranteed minimum rates - C23 is repealed. Instruction No. 2013-I-04 of May 28, 2013 establishing the monitoring statement for agreements under branch 26 - C26 is repealed. Instruction No. 2013-I-05 of May 28, 2013 establishing the statement on provisions for claims not yet reported - C24 is repealed. Instruction No. 2023-I-08 of July 17, 2023 on annual prudential documents to be submitted by entities subject to ACPR supervision relevant to the so-called "Solvency II" regime is repealed. Instruction No. 2023-I-13 of October 12, 2023 on annual prudential documents to be submitted by entities subject to ACPR supervision relevant to the so-called "Solvency II" regime is repealed.

Article 5 The technical and methodological procedures for submission are defined by the ACPR instructions in force.

Article 6 This instruction replaces Instruction No. 2023-I-13 of October 12, 2023. References to Instruction No. 2023-I-13 of October 12, 2023 shall be understood as references to this instruction.

Article 7 This instruction is published in the Official Register of the ACPR. It enters into force the day following its publication. Paris, April 16, 2025 For the Insurance Sector Sub-Committee The President, Jean-Paul FAUGÈRE