Instruction 2022-I-13 of 8 July 2022 repealing and amending Instruction No. 2016-I-17 of 27 June 2016 on the transmission to the Prudential Control and Resolution Authority of prudential documents (repealed)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2022-I-13 repealing and amending Instruction No. 2016-I-17 of 27 June 2016 on the transmission to the Prudential Control and Resolution Authority of prudential documents by insurance and reinsurance undertakings subject to the so-called "Solvency II" regime

The Prudential Control and Resolution Authority, Having regard to Commission Implementing Regulation (EU) No 2015/2450 of 2 December 2015 laying down implementing technical standards with regard to communication templates to supervisory authorities pursuant to Directive 2009/138/EC of the European Parliament and of the Council; Having regard to Commission Implementing Regulation (EU) No 2015/2452 of 2 December 2015 laying down implementing technical standards with regard to procedures, formats and templates for the Solvency and Financial Condition Report pursuant to Directive 2009/138/EC of the European Parliament and of the Council; Having regard to Commission Implementing Regulation (EU) 2015/462 of 19 March 2015 laying down implementing technical standards concerning the procedures for the issuance of the prudential authorisation required for the establishment of securitisation special purpose entities, cooperation and information exchange between supervisory authorities of securitisation special purpose entities, as well as the formats and templates to be used by securitisation special purpose entities for the information they must submit pursuant to Directive 2009/138/EC of the European Parliament and of the Council; Having regard to Regulation (EU) No 1374/2014 of the European Central Bank of 28 November 2014 on statistical reporting requirements applicable to insurance undertakings (ECB/2014/50); Having regard to Commission Delegated Regulation (EU) 2015/35 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 EIOPA Guidelines 15/109 on information reporting and information to the public; Having regard to the Monetary and Financial Code, in particular Article L. 612-24; Having regard to the Insurance Code; Having regard to the Mutual Insurance Code; Having regard to the Social Security Code; Having regard to Decree No 2015-1121 of 4 September 2015 amending the statistical statements of insurance undertakings, mutual insurance companies and provident institutions in respect of supplementary social protection; Having regard to the Order of 24 June 2008 defining the procedures for transmitting data relating to medical liability to the Prudential Control and Resolution Authority; Having regard to Instruction No. 2015-I-18 of the Prudential Control and Resolution Authority on the electronic signature of documents transmitted electronically to the ACPR (insurance sector) of 21 October 2015; Having regard to Instruction No. 2016-I-04 of the Prudential Control and Resolution Authority on information to be communicated for financial stability purposes (Insurance sector); Having regard to Instruction No. 2022-I-12 of the Prudential Control and Resolution Authority on annual prudential documents to be communicated by undertakings subject to ACPR supervision under the so-called "Solvency II" regime;
Having regard to the opinion of the Prudential Affairs Advisory Committee of 23 June 2022, DECIDES

Article 1:
The following shall hereinafter be referred to as "subject undertakings":
a. insurance and reinsurance undertakings subject to the so-called "Solvency II" regime referred to in Articles L. 310-3-1 of the Insurance Code, L. 211-10 of the Mutual Insurance Code and L. 931-6 of the Social Security Code; b. groups referred to in point 5 of Article L. 356-1 of the Insurance Code and subject to group supervision in accordance with the second and third subparagraphs of Article L. 356-2 of the same Code, such as:

• insurance group companies and mutual insurance group companies referred to in Articles L. 322-1-2 and L. 322-1-3 of the Insurance Code;
• mutual group unions referred to in Article L. 111-4-2 of the Mutual Insurance Code;
• social protection insurance group companies referred to in Article L. 931-2-2 of the Social Security Code;
• mixed financial holding companies referred to 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 undertakings subject to the so-called "Solvency II" regime, referred to in Articles L. 310-3-1 of the Insurance Code, L. 211-10 of the Mutual Insurance 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.
  c. securitisation special purpose entities referred to in Article L. 310-1-2.

Article 2:
Subject undertakings referred to in Article 1 must communicate to the General Secretariat of the Prudential Control and Resolution Authority, via electronic transmission using the XBRL (eXtensible Business Reporting Language) computer format, the following quantitative information applicable to them:
1° Defined in Annexes I, II and III to Commission Implementing Regulation (EU) No 2015/2450 of 2 December 2015 cited above; 2° Presented in Article 13 of Implementing Regulation (EU) 2015/462, for securitisation special purpose entities; 3° Defined in Instruction No. 2016-I-04 of the Prudential Control and Resolution Authority cited above; 4° Defined in Regulation (EU) No 1374/2014 of the European Central Bank of 28 November 2014 cited above; 5° Defined in Article 2 of Instruction No. 2022-I-12 of the Prudential Control and Resolution Authority cited above, with the exception of information relating to form FR.28.01 concerning supplementary professional pension schemes (RPS). Monetary quantitative information must be communicated in euros. They must comply with the checks defined in the technical documentation published by the European Insurance and Occupational Pensions Authority ("EIOPA"), the European Central Bank and the ACPR.

Article 3:
Subject undertakings referred to in Article 1 must communicate to the General Secretariat of the Prudential Control and Resolution Authority, via electronic transmission using office software formats according to technical procedures defined by the General Secretariat of the Prudential Control and Resolution Authority:
1° The following information referred to in Articles L. 355-1 and L. 356-21 of the Insurance Code:

• the Solvency and Financial Condition Report;
• the regular report to the supervisor;
• the report to the supervisory authority on the internal assessment of risks and solvency ("ORSA report");
  2° If requested by the ACPR, the actuarial report referred to in paragraph 8 of Article 272 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014; 3° The annual report presented in Article 14 of Implementing Regulation (EU) 2015/462, for securitisation special purpose entities; 4° The information referred to in Article 3 of Instruction No. 2022-I-12 of the Prudential Control and Resolution Authority cited above; 5° Information relating to form FR.28.01 concerning supplementary professional pension schemes (RPS) referred to in Article 2 of Instruction No. 2022-I-12 of the Prudential Control and Resolution Authority cited above, using the office template made available by the ACPR on its website. 6° In the event of a major event significantly affecting the relevance of the information contained in the Solvency and Financial Condition Report, insurance and reinsurance undertakings shall publish information relating to the nature and effects of that event.

Article 4:
In the context of their communication to the Prudential Control and Resolution Authority, the information described in Articles 2 and 3 must be electronically signed in accordance with the conditions set out in Instruction No. 2015-I-18 of the Prudential Control and Resolution Authority for any submission communicated from 1 October 2016 onwards. In cases where the reports presented in Article 3 must be transmitted as several separate office documents, all such documents must be signed.

Article 5:
This Instruction repeals Instruction No. 2016-I-17 and shall enter into force on the day following its publication. References to the repealed Instruction No. 2016-I-17 contained in other Instructions shall be construed as references to this Instruction.

Paris, 8 July 2022
For the Insurance Sector Sub-Committee
The President,
Jean-Paul FAUGÈRE