Instruction No. 2014-I-09 of August 22, 2014, repealing or modifying several instructions

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2014-I-09 of August 22, 2014 repealing or modifying several instructions

The Prudential Control and Resolution Authority, Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012; Having regard to Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions; Having regard to Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 laying down implementing technical standards with regard to prudential reporting of institutions pursuant to Regulation (EU) No 575/2013 of the European Parliament and of the Council; Having regard to the Monetary and Financial Code, in particular Article L. 612-24 thereof; Having regard to Instruction No. 2009-01 of the Banking Commission of June 19, 2009, regarding the implementation of the unified financial reporting system; Having regard to Instruction No. 93-01 of the Banking Commission of January 29, 1993, regarding the transmission to the Prudential Control Authority of annual accounts, prudential documents, and various information; Having regard to Instruction No. 2007-01 of the Banking Commission, as amended, of January 18, 2007, regarding the electronic signature of certain documents transmitted electronically to the Banking Commission; Having regard to the opinion of the Consultative Commission for Prudential Affairs dated February 12, 2014; Decides:

Chapter 1 Modification of Instruction No. 2009-01 regarding the implementation of the unified financial reporting system

Article 1 In Article 3 of the aforementioned Instruction No. 2009-01, the words “PMV_LATEN” and “GRAN_RISK” are deleted.

Article 2 In Article 7 of the aforementioned Instruction No. 2009-01, the 6th bullet point of the 3rd point [relating to the PMV_LATEN table] is deleted.

Article 3 The 4th bullet point [relating to the GRAN_RISK table] of Article 8 of the aforementioned Instruction No. 2009-01 is deleted.

Article 4 Annex 1 of the aforementioned Instruction No. 2009-01 [relating to definitions and calculation methods for aggregates used to assess subject matter to different activity blocks in consideration of the activity thresholds of the aforementioned instruction] is replaced by Annex 1 to this Instruction.

Article 5 In Annex 4 of the aforementioned Instruction No. 2009-01, the IMPLANTAT table is replaced by the table appearing in Annex 2 of this Instruction, and the PMV_LATEN table is deleted.

Article 6 Annex 5 of the aforementioned Instruction No. 2009-01 [relating to the methods for submitting other SURFI tables] is replaced by Annex 3 to this Instruction.

Article 7 Annex 9 of the aforementioned Instruction No. 2009-01 is deleted.

Chapter 2 Modification of Instruction No. 93-01 regarding the transmission to the Prudential Control Authority of annual accounts, prudential documents, and various information

Article 8 In Articles 1 and 7 of the aforementioned Instruction No. 93-01, references to Regulation No. 2000-03 of September 6, 2000, are deleted and replaced by the reference to Chapter 2 [relating to prudential consolidation] of Title II of Part One of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms.

Article 9 In Article 7bis of the aforementioned Instruction No. 93-01, the first paragraph and the first two sentences of the second paragraph are deleted and replaced by the following paragraph: “Investment firms, excluding portfolio management companies, referred to in Article L. 531-4 of the Monetary and Financial Code, which publish consolidated accounts according to international accounting standards within the meaning of Regulation (EC) No 1606-2002 in application of the provisions of Article 5, paragraph b) of that Regulation, send to the General Secretariat of the Prudential Control and Resolution Authority the FINREP statements defined in Annexes III and V of Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014, in accordance with the methods defined by that Regulation.”

Chapter 3 Repeal of several instructions and miscellaneous provisions

Article 10 Instruction No. 2011-I-08 regarding commitments related to international banking activity is repealed.

Article 11 Instructions No. 2000-07 regarding the control of large exposures and gross risks and No. 2007-02 regarding capital adequacy requirements for credit institutions and investment firms are repealed.

Article 12 This Instruction enters into force upon its publication.

Paris, August 22, 2014 The President of the Prudential Control and Resolution Authority Robert OPHÈLE