Regulatory Alerts2014-03-03
Instruction No. 2014-I-04 of March 3, 2014, on Notification Forms for Exemption from the Clearing Obligation for Intragroup OTC Derivative Transactions
The Prudential Supervision and Resolution Authority (ACPR) issued this instruction to define the notification procedures for financial counterparties seeking exemption from the clearing obligation under EMIR for intragroup OTC derivative transactions. Regulated entities must submit either a group form or an individual form via the ACPR portal, depending on whether the counterparty is also subject to ACPR supervision. The thirty-day period for the exemption notification begins upon the ACPR's receipt of all required information contained in the submitted forms.
THE PRUDENTIAL SUPERVISION AND RESOLUTION AUTHORITY
Instruction No. 2014-I-04 dated March 3, 2014, regarding the notification forms for exemption from the clearing obligation applicable to intragroup transactions involving over-the-counter derivative contracts, as amended by Instructions No. 2017-I-06 of March 6, 2017, and No. 2024-I-13 of October 24, 2024
The Prudential Supervision and Resolution Authority, Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of July 4, 2012, on OTC derivatives, central counterparties and trade repositories ("EMIR"), in particular Articles 3 and 4(2) thereof; Having regard to the Monetary and Financial Code, in particular Articles L. 612-24 and L. 612-1 II 1°; Having regard to the opinion of the Prudential Affairs Consultative Committee dated February 12, 2014, DECIDES
Article 1 The following terms are defined below:
- "Subject Entities": financial counterparties, within the meaning of point 8 of Article 2 of the EMIR Regulation, which are subject to the supervision of the Prudential Supervision and Resolution Authority;
- "Reporting Entities": those subject entities that submit the declaration using one of the forms attached to this Instruction.
Article 2 Subject Entities wishing to benefit from the exemption from the clearing obligation provided for in Article 4(2) of the EMIR Regulation, in the context of intragroup transactions involving over-the-counter derivative contracts, within the meaning of Article 3 of the same Regulation, must notify their intention to the Prudential Supervision and Resolution Authority. To this end, Reporting Entities must complete, as applicable:
- the "Group Form" (Annex 1) when the other counterparty or counterparties is/are:
- a financial counterparty, within the meaning of point 8 of Article 2 of the EMIR Regulation,
- included within the same consolidation perimeter in accordance with Article 3(3) of the EMIR Regulation,
- and subject to the supervision of the Prudential Supervision and Resolution Authority;
- or, the "Individual Form" (Annex 2), when the other counterparty is not subject to the supervision of the Prudential Supervision and Resolution Authority.
They must transmit one of the two forms to the Prudential Supervision and Resolution Authority in xls format via the portal accessible at the following address: https://acpr-portail.banque-france.fr.
The 30 calendar day periods provided for in points (a) and (b) of Article 4(2) of the EMIR Regulation shall run from the date of receipt by the Prudential Supervision and Resolution Authority of all information elements covered by either of the forms mentioned in the preceding paragraph.
Article 3 This Instruction shall enter into force upon its publication.
Paris, March 3, 2014 The President of the Prudential Supervision and Resolution Authority, Christian NOYER