Instruction No. 2016-I-17 on the transmission of prudential documents to the ACPR by insurance and reinsurance entities under Solvency II

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2016-I-17 on the transmission to the Prudential Control and Resolution Authority of prudential documents by insurance and reinsurance entities subject to the so-called "Solvency II" regime, amended by Instruction No. 2020-I-15 of December 16, 2020

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 templates for reporting information to supervisory authorities under 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 under 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 grant of the prudential authorization necessary for the establishment of securitization special purpose entities, cooperation and exchange of information between supervisory authorities of securitization special purpose entities, as well as the formats and templates to be used by securitization special purpose entities for the information they must submit in accordance with 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 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 companies, mutuals and institutions for supplementary social protection;

Having regard to the Order of 24 June 2008 defining the procedures for transmitting data relating to medical civil liability to the Prudential Control and Resolution Authority;

Having regard to the Instruction of the Prudential Control and Resolution Authority No 2015-I-18 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 2016-I-16 of the Prudential Control and Resolution Authority on annual prudential documents to be communicated by entities subject to ACPR supervision under the so-called "Solvency II" regime;

Having regard to the opinion of the Consultative Commission on Prudential Affairs dated 6 June 2016.

DECIDES

Article 1: The following are hereinafter referred to as "subject entities":

• insurance and reinsurance entities subject to the so-called "Solvency II" regime mentioned in Articles L. 310-3-1 of the Insurance Code, L. 211-10 of the Mutual Code and L. 931-6 of the Social Security Code;
• insurance group companies and mutual insurance group companies mentioned in Articles L. 322-1-2 and L. 322-1-3 of the Insurance Code;
• securitization special purpose entities mentioned in Article L. 310-1-2;
• mutual group unions mentioned in Article L. 111-4-2 of the Mutual Code;
• social protection insurance group companies mentioned in Article L. 931-2-2 of the Social Security Code;
• mixed financial holding companies mentioned 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.

Article 2: The subject entities mentioned in Article 1 must communicate to the General Secretariat of the Prudential Control and Resolution Authority, by teletransmission using the XBRL (eXtensible Business Reporting Language) computer format, the following quantitative information applicable to them: 1° Defined in Annexes I, II and III of 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 securitization 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 2016-I-16 of the Prudential Control and Resolution Authority cited above, with the exception of information relating to form FR.28.01 regarding supplementary professional pension schemes (RPS).

Monetary quantitative information must be communicated in euros. They must comply with the controls defined in the technical documentation published by the European Insurance and Occupational Pensions Authority ("EIOPA"), the European Central Bank and the ACPR.

Article 3 The subject entities mentioned in Article 1 must communicate to the General Secretariat of the Prudential Control and Resolution Authority, by teletransmission using office computer formats according to technical procedures defined by the General Secretariat of the Prudential Control and Resolution Authority: 1° The following information mentioned 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 mentioned 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 securitization special purpose entities; 4° The information mentioned in Article 3 of Instruction No 2016-I-16 of the Prudential Control and Resolution Authority cited above; 5° Information relating to form FR.28.01 regarding supplementary professional pension schemes (RPS) mentioned in Article 2 of Instruction No 2016-I-16 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 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 bear an electronic signature under the conditions set by the Instruction of the Prudential Control and Resolution Authority No 2015-I-18 for any submission communicated from October 1, 2016. In the case where the reports presented in Article 3 must be transmitted as several separate office documents, all these documents must be signed.

Article 5: This instruction is an update of Instruction No 2016-I-05 of 18 January 2016. It enters into application on the day of its publication.

Paris, June 27, 2016

For the Insurance Sectoral Sub-College The President,