Decision 2024-01 of 8 February 2024 amending Decision 2021-01 of 21 April 2021 on the collection and control of statistical information required from credit institutions and other financial intermediaries

1 Decision 2024-01 of 8 February 2024 amending Decision 2021-01 of 21 April 2021 on the collection and control of statistical information required from credit institutions and other financial intermediaries

THE GOVERNOR OF THE BANK OF FRANCE

Having regard to Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions,

Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank,

Having regard to Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards,

Having regard to Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 concerning Community statistics on balance of payments, international trade in services and foreign direct investment,

Having regard to Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019 on European business statistics,

Having regard to Regulation (EU) 2021/1230 of the European Parliament and of the Council of 14 July 2021 on cross-border payments in the Union,

Having regard to Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union,

Having regard to ECB Regulation (EC) No 2157/1999 of 23 September 1999 concerning the powers of the ECB to impose sanctions,

Having regard to ECB Regulation (EU) No 1011/2012 of 17 October 2012 concerning statistics on holdings of securities,

Having regard to ECB Regulation (EU) 2021/378 of 22 January 2021 concerning the application of reserve requirements,

Having regard to ECB Regulation (EU) 2021/379 of 22 January 2021 concerning the balance sheet items of credit institutions and the monetary financial institutions sector,

Having regard to ECB Regulation (EU) No 1072/2013 of 24 September 2013 concerning statistics on interest rates applied by monetary financial institutions,

Having regard to ECB Regulation (EU) No 1073/2013 of 18 October 2013 on statistics on the assets and liabilities of investment funds,

Having regard to ECB Regulation (EU) No 1075/2013 of 18 October 2013 on statistics on the assets and liabilities of securitisation special purpose entities,

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Having regard to ECB Regulation (EU) No 1333/2014 of 26 November 2014 concerning money market statistics,

Having regard to ECB Regulation (EU) 2022/1917 of 29 September 2022 concerning infringement procedures in case of non-compliance with statistical reporting obligations,

Having regard to ECB Decision (EU) 2022/1921 of 29 September 2022 concerning the method for calculating sanctions in case of alleged infringement of statistical reporting obligations,

Having regard to ECB Guideline (EU) 2012/120 of 9 December 2011 on statistical reporting requirements established by the European Central Bank in the field of external statistics,

Having regard to the Monetary Agreement between the European Union and the Principality of Monaco of 29 November 2011,

Having regard to the Monetary and Financial Code, in particular Articles L. 141-5-1, L. 141-6, L. 631-1, L. 721-7, L. 721-18, L. 721-19 and L. 721-21, R. 152-1 to R. 152-3 and R. 165-1,

Having regard to Decision No 2007-01 of 11 April 2007 of the Monetary Committee of the General Council concerning the collection of statistics for the compilation of the balance of payments and external position of France, the euro area and the European Community,

Having regard to ACPR Instruction No 2021-I-03 of 11 March 2021 on the implementation of the unified reporting of banks and similar entities (RUBA),

Having regard to Instruction No 2015-I-19 of 2 October 2015 on the electronic signature of documents transmitted to the ACPR (Banking Sector),

Having regard to the Accounting Standards Authority Recommendation No 2013-04 of 7 November 2013 on the format of consolidated accounts of banking sector entities prepared in accordance with international accounting standards,

DECIDES

Article 1

The Governor of the Bank of France Decision No 2021-01 of 21 April 2021 on the collection and control of statistical information required from credit institutions and other financial intermediaries (hereinafter "the Decision") is amended as follows:

1. Article 1 of the Decision is replaced by the following text: "

Article 1

Scope of Reporting Agents

The following are concerned by this Decision and referred to hereinafter as:

"Reporting Agents":

Resident agents or established in metropolitan France, and where applicable, in the overseas departments, in the overseas collectivities whose currency is the euro, in the French collectivities of the Pacific whose currency is the Pacific franc, as well as in Monaco, and who belong to the following legal categories:

• Credit institutions as defined in I of Article L. 511-1 of the Monetary and Financial Code, including credit and investment institutions (ECI) as defined in Article L. 516-1 of the Monetary and Financial Code, and branches of credit institutions (including ECIs) of third countries defined in Article L. 511-10 of the Monetary and Financial Code (hereinafter "credit institutions");

• Central bodies mentioned in Article L. 511-30 of the Monetary and Financial Code;

• Financing companies as defined in II of Article L. 511-1 of the Monetary and Financial Code, excluding mutual guarantee societies (Articles L. 515-4 to L. 515-12 of the Monetary and Financial Code);

• Electronic money institutions as defined in Article L. 526-1 of the Monetary and Financial Code;

• Payment institutions mentioned in Article L. 522-1 of the Monetary and Financial Code;

• Investment firms within the meaning of Article L. 531-4 of the Monetary and Financial Code as well as portfolio management companies within the meaning of Article L. 532-9 of the said Code;

• Branches of credit institutions including ECIs (hereinafter "branches of CI"), payment institutions (hereinafter "branches of PI") and electronic money institutions (hereinafter "branches of EMI"), having their registered office in another Member State of the European Union or party to the Agreement on the European Economic Area, as mentioned respectively in the first paragraph of Articles L. 511-22, in 1° of II of Article L. 522-13 and in I of Article L. 526-24 of the Monetary and Financial Code ("incoming European passport");

• Branches of investment firms having their registered office in another Member State of the European Union or party to the Agreement on the European Economic Area mentioned in Article L. 532-18-1 of the Monetary and Financial Code and branches of investment firms having their registered office in a third country within the meaning of Article L. 532-48 of the Monetary and Financial Code (hereinafter "branches of IF");

• Branches of portfolio management companies having their registered office in another Member State of the European Union or party to the Agreement on the European Economic Area mentioned in Article L. 532-18-1 of the Monetary and Financial Code;

• Financial holding companies, parent companies of financing companies within the meaning of Article L. 517-1 of the Monetary and Financial Code and investment holding companies within the meaning of Article L. 517-4-3 of the Monetary and Financial Code;

• Mixed financial holding companies mentioned in Article L. 517-4 of the Monetary and Financial Code;

• Legal entities authorized to exercise the activities of safekeeping or administration of financial instruments mentioned in Article L. 542-1 of the Monetary and Financial Code (custodian account keepers);

• The Caisse des dépôts et consignations (Article L. 518-2 of the Monetary and Financial Code);

• Collective investment undertakings:

  • Money market UCITS distributed according to the classification established by the Autorité des Marchés Financiers in accordance with Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017 on money market funds in four categories:
    • Constant Net Asset Value Money Market Funds (Public Debt) (CNAV);
    • Low Volatility Net Asset Value Money Market Funds (LVNAV);
    • Variable Net Asset Value (VNAV) short-term Money Market Funds;
    • Variable Net Asset Value (VNAV) standard Money Market Funds;
  • Non-money market UCITS;
  • Alternative Investment Funds (AIFs) within the meaning of I of Article L. 214-24 of the Monetary and Financial Code.

In New Caledonia and French Polynesia, the financial services of the postal and telecommunications office mentioned in Articles L. 773-16 and L. 774-16 of the Monetary and Financial Code.

For the purposes of this Decision, all rights and obligations of reporting agents lacking legal personality are addressed to the persons legally authorized to represent them.

2. Article 2 of the Decision is replaced by the following text:

Article 2

Statistical Reporting Obligations

Depending on their legal category and place of establishment or residence, reporting agents provide the Bank of France with the statistical information defined by Annexes 1 to 6 of this Decision, which provide, by category of agents, the list of statements and their content and refer to the documents below relating to the statements and their submission methods:

1/ "Technical Note on the collection and controls of statistical information for monetary policy and financial stability purposes"; 2/ "Technical Note on the collection of data from Collective Investment Undertakings"; 3/ "Technical Note on the collection of data from Securitisation Undertakings"; 4/ "Presentation Sheet on the collection of uses and resources by currency and country Devi_Situ"; 5/ "Technical Note on the collection of statistical information on cross-border operations of financial intermediaries for own account: transaction reports of financial intermediaries to the Balance of Payments Department"; 6/ "Technical Note on the monthly statistical declaration of investment firms on deposit-credit balances with non-residents"; 7/ "Functional specification for issuers of listed shares managed in pure registered form" and "Simplified method for allocating client assets by category of economic agents among issuers of listed shares - Collection of statistics on shares managed in pure registered form -"; 8/ "Technical Note on the PROTIDE collection from custodian account keepers (CAK), and for securities held for own account, from credit institutions that are not CAKs, financing companies, investment firms that are not CAKs and the Caisse des dépôts et consignations"; 9/ "Technical Note on the declaration of statistical information on debt securities issuances by financial intermediaries"; 10/ "Explanatory Note on the survey on the activity of foreign subsidiaries of French banking groups (Outarde FATS)"; 11/ "Reporting guidelines" of the BIS on the submission methods for the semi-annual and triennial OTC survey";

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12/ "Statement of international commitments with French banking groups"; 13/ "Technical Note on the collection of off-balance sheet in foreign currencies CHBD"; 14/ "Information on the collection of Data Gaps information made available for reporting banking groups"; 15/ "Technical Note on the declaration of statistical information on cross-border payment card operations of credit institutions, electronic money institutions and payment institutions for the compilation of the balance of payments"; 16/ "Technical Note on the collection of statistical information on cross-border payments of credit institutions, electronic money institutions and payment institutions for client account"; 17/ "Notice to credit institutions regarding reserve requirements", in particular its Annexes 3 and 4; 18/ "IEDOM Technical Note concerning the declaration of statistical information for establishments established or residing in the overseas departments and collectivities whose currency is the euro"; 19/ "IEOM Technical Note concerning the declaration of statistical information for establishments established or residing in the overseas collectivities whose currency is the Pacific franc"; 20/ "Technical Note on the French collection and controls of money market statistics (MMFR) submitted by monetary and financial institutions residing in France". 21/ the "Reporting instructions" instructions relating to the collection of money market statistics (MMSR) published by the European Central Bank on its website; 22/ the technical notice relating to the MMFR collection "IT Appendix for Reporting Agents", published by the General Directorate of the Information System of the Bank of France, detailing the information system set up for this collection and the access rules to this system that apply to submitters.

The aforementioned notes, instructions, notices and technical notices define in particular the statistical information to be submitted and, where applicable, the technical submission methods, their control methods and data quality requirements.

Reporting agents comply with their obligations by referring to the most recently published relevant notes, instructions, notices and technical notices on the Internet site of the Bank of France, the IEDOM, the IEOM and the European Central Bank.

3. In Article 3 of the Decision, a second paragraph is inserted as follows:

The submission of statistical information on money markets (MMFR) is carried out by electronic transmission (automatic or manual) via the dedicated MMFR platform for this collection, according to the technical specifications necessary for their processing as defined by the Bank of France and the European Central Bank.

Reporting agents must designate correspondents authorized to respond to inquiries from the Bank of France and, where applicable, the European Central Bank (ECB).

4. Paragraph 2 of Article 5 of the Decision is replaced by the following text: "A reporting agent does not comply with the minimum transmission standards if it does not declare the required data within the deadlines set by the ECB, or in application of Article 2 of the Decision, by the Bank of France or, where applicable, by the IEDOM or the IEOM, or if it does not respect the technical declaration standards determined by them. These technical standards relate to the mode of transmission of declarations, their format and presentation as well as the identification of correspondents within the reporting agent".

5. Article 6 of the Decision is replaced by the following text:

Article 6

Serious Breach

A serious breach by reporting agents is that defined by ECB Regulation (EU) 2022/1917 of 29 September 2022 cited above. For the purpose of establishing a serious breach, the Bank of France or, where applicable, the IEDOM or the IEOM, may request additional information from the reporting agent".

6. Annex 1 of the Decision is replaced by the following text: "

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Annex 1 relating to data submitted for monetary and financial stability statistics

1. Reporting Population

The reporting population consists of financial institutions residing or established in metropolitan France, in the overseas departments, in the overseas collectivities whose currency is the euro, as well as in the Principality of Monaco, and belonging to the following sets:

• Credit institutions as defined in I of Article L. 511-1 of the Monetary and Financial Code, including credit and investment institutions (ECI) as defined in Article L. 516-1 of the Monetary and Financial Code, and branches of credit institutions (including ECIs) of third countries defined in Article L. 511-10 of the Monetary and Financial Code (hereinafter "credit institutions");

• Financing companies as defined in II of Article L. 511-1 of the Monetary and Financial Code, excluding mutual guarantee societies (Articles L. 515-4 to L. 515-12 of the said Code);

• Electronic money institutions, as defined in Article L. 526-1 of the Monetary and Financial Code;

• The Caisse des dépôts et consignations (Article L. 518-2 of the Monetary and Financial Code).

• Branches of credit institutions including ECIs, branches of electronic money institutions as mentioned respectively in the first paragraph of Articles L. 511-22 and in I of Article L. 526-24 of the Monetary and Financial Code ("incoming European passport").

2. Data submitted by the reporting population

Among the reporting population, the following are identified:

• Regarding balance, valuation, and apparent interest rate data:

  • Institutions subject to monthly submission: these institutions are selected each year by applying submission thresholds fixed by the Technical Note on the collection and controls of statistical information for monetary policy and financial stability purposes provided for in Article 2 of this Decision. The list of these institutions is published on the Internet site of the Bank of France.
  • Other institutions: these are institutions from the reporting population that do not belong to the group subject to monthly submission.

• Regarding rate data on new contracts:

  • Institutions subject to the submission of rate data on new contracts are selected according to a procedure aimed at constituting a representative sample. The list of selected institutions is published on the Internet site of the Bank of France.

a) Data defined specifically by the Bank of France for the needs of monetary and financial statistics:

• Monthly periodicity data, submitted at J+101 (in working days) by institutions subject to monthly submission (balance and valuation data)

1 An additional period of two days may be granted to central bodies performing an aggregated submission of statistical declarations of credit institutions affiliated with them.

TABLES DESIGNATIONS RUBA CODES M_SITMENS Activity by categories of operations RB.11.01 M_AGENTnR Operations with non-resident clients RB.12.01 M_CLIENRE Operations with resident clients RB.13.01 M_CLIENnr Operations with non-resident clients EMU zone RB.14.01 M_PENLIVR Securities lent in repurchase agreements RB.15.01 M_OPETITR Securities portfolio and issued securities RB.16.01 M_CREDOUT Impairment on doubtful debts RB.17.01 M_CREANCE Write-offs and sales of claims RB.18.01 M_LIGNCRE Credit lines RB.19.01 M_TITTRAN Detail of trading securities portfolio N/A M_CASHPLG "Cash pooling" balances RB.71.01

Among institutions subject to monthly submission, only those whose cash-pooling deposit or credit balance exceeds 500 million euros must submit the M_CASHPLG statement.

• Monthly periodicity data, submitted at J+101 (in working days) by institutions subject to monthly submission, and quarterly periodicity data, submitted at J+25 (in calendar days) by institutions not subject to monthly submission

TABLES DESIGNATIONS RUBA CODES M_CESSCRE Balance of sold claims RB.20.01

• Monthly periodicity data, submitted at J+14 (in working days) by institutions subject to monthly submission (apparent interest rate data)

TABLES DESIGNATIONS RUBA CODES M_INTENCO Elements for calculating the apparent interest rate on balances with clients RB.26.01 M_INTDEPO Elements for calculating the apparent interest rate on deposits RB.27.01

• Monthly periodicity data, submitted at J+14 (in working days) by institutions subject to submission of interest rate data on new contracts

TABLES DESIGNATIONS RUBA CODES M_INTNOUA Aggregated interest rates on new contracts RB.28.01

• Quarterly periodicity data, submitted at J+18 (in working days) after the end of the 1st month of the quarter by institutions subject to submission of interest rate data on new contracts

TABLE DESIGNATION RUBA CODES M_CONTRAN Quarterly Census of New Contracts by Branch N/A

• Quarterly periodicity data, submitted at J+101 (in working days) by institutions subject to monthly submission

TABLE DESIGNATION RUBA CODES M_ELECTRO Electronic money balances RB.21.01

• Quarterly periodicity data, submitted at J+14 (in working days) by institutions subject to monthly submission

TABLE DESIGNATION RUBA CODES

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M_FLUDINT Quarterly interest flows RB.29.01

• Quarterly periodicity data, submitted at J+30 (in calendar days), by institutions subject to monthly submission

TABLE DESIGNATION RUBA CODES M_APULRES Loans to public administrations RB.48.01 M_CATRESI Hybrid time deposit accounts RB.49.01

• Quarterly periodicity data, submitted at J+12 (in working days) by institutions subject to monthly submission (at J+25 (in calendar days) by other institutions subject to submission of the TITRE_PTF table)

TABLES DESIGNATIONS RUBA CODES M_TITPRIM Securities portfolio (market value valuation) RB.24.01 M_TITVALC Securities portfolio excluding trading securities (accounting valuation) RB.25.01

• Semi-annual periodicity data, submitted at J+252 (in calendar days) by institutions carrying out hire-purchase operations and similar operations

TABLE DESIGNATION RUBA CODES M_CREBAIL Hire-purchase operations and similar operations RB.46.01

• Annual periodicity data, submitted at J+25 3 (in calendar days) by all credit institutions and financing companies

TABLE DESIGNATION RUBA CODES M_RESEAUG Operations of branches of networked institutions (as of end of March) RB.47.01 RESU_REPA Allocation of results RB.62.01

b) Data defined by the Bank of France jointly with the Prudential Supervision and Resolution Authority:

• Quarterly periodicity data, submitted at J+104 (in working days) by institutions subject to monthly submission (at J+25 (in calendar days) by other institutions)

TABLES DESIGNATIONS RUBA CODES SITUATION Situation RB.02.01 TIT_TRANS Operations on trading securities, other operations and fixed assets RB.03.01 CLIENT_RE Operations with resident clients RB.06.01 C

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