Instruction No. 2022-I-17 of October 17, 2022, amending Instruction No. 2021-I-15 regarding the submission of information for calculating contributions to deposit, securities, and guarantee fund mechanisms

PRUDENTIAL SUPERVISION AND RESOLUTION AUTHORITY ----- Instruction No. 2022-I-17 amending Instruction No. 2021-I-15 regarding the submission of information necessary for the calculation of contributions to the deposit, securities, and guarantee fund mechanisms

The Prudential Supervision and Resolution Authority,

Having regard to the Monetary and Financial Code, in particular Articles L. 312-4 to L. 312-16,
L. 322-1 to L. 322-10, L. 313-50 to L. 313-51, L. 511-30, L. 743-2, L. 753-2,
L. 763-2 and D. 313-26;

Having regard to Decree No. 2010-1599 of December 20, 2010, publishing the agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Principality of Monaco on banking regulation applicable in the Principality of Monaco and repealing the agreement in the form of an exchange of letters dated November 27, 1987, modifying the exchange of letters of May 18, 1963, relating to banking regulation in the Principality of Monaco, signed in Paris and Monaco on October 20, 2010;

Having regard to Decree No. 2009-1372 of November 6, 2009, publishing the agreement in the form of an exchange of letters relating to investor guarantee between the Government of the French Republic and the Government of His Serene Highness the Prince of Monaco, signed in Monaco and Paris on November 8, 2005;

Having regard to the Order of October 27, 2015, taken for the application of item 6° of Article L. 312-16 of the Monetary and Financial Code;

Having regard to the Order of October 27, 2015, relating to the implementation of the deposit guarantee, the compensation ceiling and the methods of application of Article L. 312-4-1 of the Monetary and Financial Code;

Having regard to Decision No. 2020-C-62 of the Prudential Supervision and Resolution Authority of December 14, 2020, establishing the methods for calculating contributions to the deposit guarantee mechanism;

Having regard to the Joint Decision No. 2020-C-63 of the Prudential Supervision and Resolution Authority and the French Financial Markets Authority of December 14, 2020, establishing the methods for calculating contributions to the securities guarantee mechanism;

Having regard to Decision No. 2020-C-64 of the Prudential Supervision and Resolution Authority of December 14, 2020, establishing the methods for calculating contributions to the guarantee fund mechanism;

Having regard to Instruction 2021-I-15 regarding the submission of information necessary for the calculation of contributions to the deposit, securities, and guarantee fund mechanisms;

Having regard to the favorable opinion of the Consultative Commission on Prudential Affairs of October 3, 2022,

DECIDES

Article 1: In Article 6 of the aforementioned Instruction, the words "for the year 2022" are deleted.

Article 2: In the box relating to the risk indicator "A.ii) Common Equity Tier 1 capital ratio (CET1 ratio)" in the section "A. Pillar 1 Capital" of point "3. Information for risk indicators - To be declared for the mechanism concerned if the declared base is not zero" of Annex II of the aforementioned Instruction, the sentences "EIs for which the prudential requirements of the CRR Regulation are no longer applicable as of December 31, 2021, declare the data for the risk weighting established as of March 31, 2021" and "ECs and EIs for which the prudential requirements of the CRR Regulation as of December 31, 2021 remain applicable declare the ratio as of December 31, 2022" are respectively replaced by the sentences "EIs for which the prudential requirements of the CRR Regulation are no longer applicable use the data established as of March 31, 2021" and "ECs and EIs for which the prudential requirements of the CRR Regulation remain applicable declare the ratio as of December 31, YYYY-1".

Article 3: This Instruction is applicable for the calculation of contributions for 2023.

This Instruction is applicable in New Caledonia, French Polynesia, and the Wallis and Futuna Islands.

This Instruction will be published in the official register of the ACPR and will enter into force the day following its publication.

Done in Paris, on October 17, 2022

The Designated President,
Denis BEAU