Instruction No. 2016-I-21 of 3 October 2016 on Systemic Importance Indicator Reporting under Article 131(2) of Directive 2013/36/EU (CRD)

PRUDENTIAL SUPERVISION AND RESOLUTION AUTHORITY ----- Instruction No. 2016-I-21 on the reporting obligations for systemic importance indicators under Article 131(2) of Directive 2013/36/EU (CRD) aimed at identifying Global Systemically Important Institutions (GSII)

The Prudential Supervision 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 Commission Implementing Regulation (EU) No 1030/2014 of 29 September 2014 laying down implementing technical standards to specify the harmonized formats and dates for the publication of values used to identify Global Systemically Important Institutions in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council; Having regard to Commission Delegated Regulation (EU) No 1222/2014 of 8 October 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regulatory technical standards specifying the methodology for identifying Global Systemically Important Institutions as well as the methodology applicable to the definition of sub-categories of Global Systemically Important Institutions; Having regard to the Monetary and Financial Code, particularly Articles L. 511-41-1 A, L. 533-2-1, and L. 612-24; Having regard to the Order of 23 December 2013 relating to the prudential regime for financing companies; Having regard to the Order of 19 December 2014 relating to publication obligations for systemic importance measurement indicators; Having regard to EBA/GL/2016/01 guidelines of the European Banking Authority of 29 February 2016 concerning the specification of global systemic importance indicators and the publication of these indicators; Having regard to the opinion of the Prudential Affairs Consultative Committee dated 29 April 2016;

Decides:

Article 1
This instruction applies to the relevant entities mentioned in the second paragraph whose size indicator, corresponding to that in the annex to Commission Implementing Regulation (EU) No 1030/2014 of 29 September 2014 cited above, is greater than 200 billion euros. This indicator is calculated using an appropriate exchange rate that takes into account the reference exchange rate published by the European Central Bank applicable at the end of each financial year and international standards.

The relevant entities are:
1° Union parent institutions as defined in point 29) of paragraph 1 of Article 4 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 cited above; 2° Union parent financial holding companies as defined in point 31) of paragraph 1 of Article 4 of the same Regulation; 3° Union parent mixed financial holding companies as defined in point 33) of paragraph 1 of Article 4 of the same Regulation; 4° Credit institutions and investment firms as defined in Article L. 533-2-1 of the Monetary and Financial Code that are not subsidiaries of an entity mentioned in points 1° to 3°; 5° Parent companies of financing companies as defined in Article L. 517-1 of the Monetary and Financial Code that are not subsidiaries of an entity mentioned in points 1° to 4°; 6° Financing companies as defined in Section II of Article L. 511-1 of the Monetary and Financial Code that are not subsidiaries of an entity mentioned in points 1° to 5°.

Article 2
The relevant entities mentioned in the first paragraph of Article 1 shall transmit to the General Secretariat of the Prudential Supervision and Resolution Authority the data necessary for the identification of Global Systemically Important Institutions (GSII) using the electronic GSII census form available on the Authority's website page dedicated to the census of systemic entities.

This form includes general banking data, indicators, auxiliary data, and items for record as provided for in the annex to Commission Implementing Regulation (EU) No 1030/2014 of 29 September 2014 cited above and in the related guidelines of the European Banking Authority.

This form is to be completed in accordance with the directives published on the dedicated page of the Prudential Supervision and Resolution Authority's website or on the European Banking Authority's website. The items for record mentioned in the preceding paragraph must, where applicable, be supplemented by comments regarding the quality and availability of data.

Article 3
The electronic form mentioned in Article 2 shall be transmitted to the General Secretariat of the Prudential Supervision and Resolution Authority before the date indicated on the website page dedicated to the census of systemic entities and, in any event, no later than 30 March of each year. This page indicates the electronic address to which it must be sent.

Article 4
This instruction shall enter into force on 15 October 2016.

Article 5
This instruction shall be published in the official register of the Prudential Supervision and Resolution Authority.

Paris, 3 October 2016
The President of the Prudential Supervision and Resolution Authority, [François VILLEROY de GALHAU]