Instruction No. 2022-I-12 of July 8, 2022, repealing and amending Instruction No. 2016-I-16 regarding annual prudential documents for Solvency II entities under ACPR supervision

AUTORITÉ DE CONTRÔLE PRUDENTIEL ET DE RÉSOLUTION ----- Instruction No. 2022-I-12 repealing and amending Instruction No. 2016-I-16 of June 27, 2016 regarding annual prudential documents to be communicated by entities subject to ACPR supervision under the so-called "Solvency II" regime

The Prudential Control and Resolution Authority, Having regard to Delegated Regulation (EU) No 2015/35 of the European Commission of October 10, 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 Implementing Regulation (EU) 2015/2450 of the European Commission of December 2, 2015 defining implementing technical standards as regards the templates for the communication of information to supervisory authorities under Directive 2009/138/EC of the European Parliament and of the Council; Having regard to the Monetary and Financial Code, in particular Articles L. 612-2 and L. 612-24; Having regard to the Insurance Code, in particular Articles L. 310-3-1, L. 355-1, L. 356-21, D. 344-5; Having regard to the Mutual Code, in particular Articles L. 212-1, L. 211-10 and D. 114-11; Having regard to the Social Security Code, in particular Articles L. 931-6, L. 931-9 and D. 931-37; Having regard to the Public Health Code; Having regard to the Commercial Code; Having regard to Decree No. 2015-1121 of September 4, 2015 amending the statistical statements of insurance companies, mutuals and provident institutions in the field of supplementary social protection; Having regard to the Order of June 24, 2008 defining the methods of transmission to the Prudential Control and Resolution Authority of data relating to medical liability; Having regard to the opinion of the Prudential Affairs Consultative Commission of June 23, 2022,

DECIDES

Article 1:
I. Without prejudice to the submission obligations defined in Delegated Regulations (EU)
No 2015/35 of the Commission of October 10, 2014 and No 2015/2450 of December 2, 2015, the following entities are subject to this instruction:
a. insurance and reinsurance undertakings under 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; b. groups mentioned in point 5° of Article L. 356-1 of the Insurance Code and subject to group supervision in application of the second and third paragraphs of
Article L. 356-2 of the same Code, such as:

• insurance group companies and mutual insurance group companies
  mentioned in Articles L. 322-1-2 and L. 322-1-3 of the Insurance Code;
• 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;
• insurance and reinsurance undertakings under 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, when they are also participating undertakings within the meaning of point 3° of Article L. 356-1 of the Insurance Code.

II. Mutuals and unions that have entered into a substitution agreement pursuant to
Article L. 211-5 of the Mutual Code, and whose annual accounts are prepared
by the entity that has substituted for them, are subject only to the submission obligations defined in I., II. and III. of Article 3 of this instruction. These submissions may be made within the same time limits by the substituting mutual or union.

Article 2:
I. The entities referred to in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual fiscal year, the statements that, among the following statements established according to the models defined in Annex A of this instruction, are applicable to them:

• FR.01.01 - Content of the submission
• FR.01.02 - Basic information
• FR.02.01 - Balance Sheet
• FC.02.01 - Balance Sheet by legal canton
• FG.02.01 - Balance Sheet for the general fund
• FR.03.01 - Technical income statement for life operations
• FC.03.01 - Life technical income statement by legal canton
• FR.03.02 - Non-life technical income statement
• FR.03.03 - Non-technical income statement
• FC.03.03 - Non-technical income statement by legal canton
• FR.04.01 - Change in shareholders' equity for insurance companies
• FR.04.02 - Change in shareholders' equity for mutuals
• FR.04.03 - Change in shareholders' equity for provident institutions
• FR.05.01 - Change in fixed assets
• FR.06.01 - Breakdown of the amount of provisions (non-technical liabilities)
• FR.07.01 - Details of deferred accounts
• FR.08.01 - Breakdown of general expenses by nature and by destination,
  Breakdown of personnel costs, Commitments towards members of the management bodies
• FR.09.01 - Income and expenses from voluntary contributions in kind
• FR.10.01 - Financial data relating to social action activities
• FR.11.01 - Prospective evolution of the capitalization reserve, un-discounted
• FR.12.01 - Breakdown of financial results by type of movements, by type
  of flows and by nature of securities
• FR.13.01 - Income statement by category (life & bodily injury)
• FR.13.02 - Income statement by category (mixed & bodily injury)
• FR.13.03 – Income statement by category (non-life & bodily injury)
• FR.13.04 - Income statement by category (life & bodily injury) -
  Branches
• FR.13.05 - Income statement by category (mixed & bodily injury) -
  Branches
• FR.13.06 - Income statement by category (non-life & bodily injury) -
  Branches
• FR.20.01 - Interest Rate Survey - Monitoring of the revaluation rates of mathematical provisions
• FR.22.01 - Participation in profits / surpluses - General Fund
• FR.22.02 - Participation in profits / surpluses - Euro Growth
• FR.22.03 - Participation in profits / surpluses – PERP
• FR.22.04 - Reconciliation with the income statement and the balance sheet
• FR.23.01 - Guaranteed minimum rate, monitoring of envelopes
• FR.24.01 - Provisions for claims not yet reported -
  construction insurance
• FR.25.01 - Operations carried out on behalf of unions of provident institutions
• FR.26.01 - Monitoring of branch 26 agreements
• FR.27.01 - Status of monitoring of substitution activity
• FR.28.01 - Supplementary Professional Retirement (RPS) Canton
• FR.30.01 - Valuation of real estate assets

II. The entities referred to in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual fiscal year, the following statements that are applicable to them:

• FR.14.01 - Insured persons, covered persons and beneficiaries by type of cover
• FR.14.02 - Premiums and benefits by type of cover
• FR.14.03 - Medical expenses and daily allowances paid during the fiscal year
• FR.14.04 - Management fee supplements for "medical expenses" covers, delegated management of a mandatory health scheme, CMU, ACS and tax on insurance conventions for health contracts
• FR.21.01 - Medical liability (total)
• FR.21.02 - Medical liability – Gynecology / Obstetrics
• FR.21.03 - Medical liability – Anesthesia / Resuscitation
• FR.21.04 - Medical liability – Surgery
• FR.21.04 - Medical liability – Other specialties
• FR.29.01 - Internal Models - Coverage of the Solvency Capital Requirement in
  Standard Formula – Solo. As an exception, this statement is to be submitted to the Prudential Control and Resolution Authority, within eight months following the closing of the annual fiscal year.

III. The entities referred to in I. b. of Article 1 shall submit to the Prudential Control and Resolution Authority, within eight months following the closing of the annual fiscal year, the statement defined in Annex C of this instruction:

• FR.29.01 - Internal Models - Coverage of the Solvency Capital Requirement in
  Standard Formula – Groups.

IV. Captive reinsurance companies mentioned in point 3° of Article L. 350-2 of the Insurance Code are exempt from the submission of a fraction of the statements mentioned in I of this article.
The following statements are concerned:

• FR.05.01 - Change in fixed assets
• FR.06.01 - Breakdown of the amount of provisions (non-technical liabilities)
• FR.07.01 - Details of deferred accounts
• FR.08.01 - Breakdown of general expenses by nature and by destination,
  Breakdown of personnel costs, Commitments towards members of the management bodies
• FR.09.01 - Income and expenses from voluntary contributions in kind
• FR.11.01 - Prospective evolution of the capitalization reserve, un-discounted
• FR. 12.01 - Breakdown of financial results by type of movements, by type
  of flows and by nature of securities
• FR.23.01 - Guaranteed minimum rate, monitoring of envelopes

Article 3:
I. The entities referred to in Article 1 shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual fiscal year:

• general information, as shown in Annex B of this instruction.

II. The entities referred to in I. of Article 1 shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the general meeting:

• the annual accounts published in application of Articles L. 123-12 of the Commercial Code, L. 341-1 to L. 341-4 of the Insurance Code, L. 114-46-2 of the Mutual Code, L. 931-33-3 of the Social Security Code, L. 517-9 and L. 511-37 of the Monetary and Financial Code;
• the management report established in application of Articles L. 225-102 and L. 232-1 of the Commercial Code, Articles L. 322-26-2-4 and L. 341-3 of the Insurance Code, the third paragraph of Article L. 114- 17 and Article L. 114-46-2 of the Mutual Code,
  and Article L. 931-33-3 of the Social Security Code;
• the report of the statutory auditors on the annual accounts, in application
  of Articles L. 823-9 of the Commercial Code, L. 341-3 of the Insurance Code,
  L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code;
• the special report of the statutory auditors on all regulated agreements, as provided for in the third paragraph of Article L. 225-40, in the third paragraph of Article L. 225-88 and in Article R. 225-31 of the Commercial Code, in point 1° of IV of Article R. 322-57 and in Article R. 322-7 of the Insurance Code, in Article L. 114-34 of the Mutual Code, in Article R. 931-3-27 of the Social Security Code.

III. The entities mentioned in I. a. of Article 1 shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the board of directors or the supervisory board, and no later than June 30 following the closing of the annual fiscal year:

• the report on the procedures for the preparation and verification of financial and accounting information provided for in Article R. 341-9 of the Insurance Code;

IV. In addition to the documents mentioned in II of Article 3, the entities mentioned in I. b. of Article 1 shall submit to the Prudential Control and Resolution Authority, within thirty days following their approval by the general meeting, the following documents required, where applicable, in application of Article L. 233-16 of the Commercial Code, Articles L. 341-3 and L. 345-2 to L. 345-3 of the Insurance Code, L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code:

• consolidated or combined accounts, in application of the articles specified in the first
  paragraph;
• the group management report established in application of Article L. 233-16 of the Commercial Code, Article L. 341-3 of the Insurance Code, Article L. 114-46-2 of the Mutual Code and Article L. 931-33-3 of the Social Security Code;
• the report of the statutory auditors on the consolidated or combined accounts,
  in application of Articles L. 823-9 of the Commercial Code, L. 341-3 of the Insurance Code, L. 114-46-2 of the Mutual Code and L. 931-33-3 of the Social Security Code.

V. Mutual insurance companies defined in Article L. 322-26-1 of the Insurance Code and companies mentioned in Article L. 322-26-4 of the Insurance Code shall submit to the Prudential Control and Resolution Authority, within four months following the closing of the annual fiscal year:

• the special report of the statutory auditors concerning insurance contracts of any nature entered into with the company by its directors, its members of the supervisory board, its members of the executive board, its salaried executives and their spouses, ascendants and descendants, as provided for in point 2° of IV of Article R. 322-57 of the Insurance Code.

VI. The entities mentioned in I. a. of Article 1, covering directly commitments falling under Article L. 144-2 of the Insurance Code, shall submit to the Prudential Control and Resolution Authority, within six months following the closing of the annual fiscal year:

• the annual report on the actuarial balance and the administrative, technical and financial management of the plan (PERP), as provided for in III of Article L. 144-2 of the Insurance Code.

VII. The entities mentioned in I. a. of Article 1, covering directly commitments falling under Article L. 134-1 of the Insurance Code in force on January 1, 2020, shall submit to the Prudential Control and Resolution Authority, within six months following the closing of the annual fiscal year:

• the report relating to the results of financial management and the implementation of the investment guidelines of the auxiliary accounting allocation, provided for in Article R. 134-13 of the Insurance Code in its version in force before January 1, 2020, within the limits set by Article 9 of Decree No. 2019-1437 of December 23, 2019.

Article 4:
Instruction No. 2014-I-03 of March 3, 2014 amending Instruction No. 2011-I-02 of January 11, 2011 establishing the supplementary table to the investment statements is repealed. Instruction No. 2013-I-02 of May 28, 2013 establishing the statement for monitoring participation in profits - C22 is repealed. Instruction No. 2013-I-03 of May 28, 2013 establishing the statement on guaranteed minimum rates - C23 is repealed. Instruction No. 2013-I-04 of May 28, 2013 establishing the statement for monitoring agreements under branch 26 - C26 is repealed. Instruction No. 2013-I-05 of May 28, 2013 establishing the statement on provisions for claims not yet reported - C24 is repealed.

Article 5:
The technical and methodological conditions for submission are defined by the current ACPR instructions.

Article 6:
This instruction repeals Instruction No. 2016-I-16 and enters into force on the day following its publication. References to the repealed Instruction No. 2016-I-16 appearing in other instructions shall be understood as references to this instruction.

Paris, July 8, 2022
For the Insurance Sectoral Sub-College
The President,
Jean-Paul FAUGÈRE