Instruction No. 2023-I-09 of July 17, 2023, Repealing and Replacing Instruction No. 2022-I-13 on the Transmission of Prudential Documents to the ACPR by Solvency II Insurance and Reinsurance Undertakings (Consolidated Version)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2023-I-09 of July 17, 2023
Repealing and Replacing Instruction No. 2022-I-13 of July 8, 2022 Relating to 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 Amended by Instruction No. 2025-I-07 of May 26, 2025

The Prudential Control and Resolution Authority, Having regard to Commission Implementing Regulation (EU) No 2023/894 of April 4, 2023 defining, for the application of Directive 2009/138/EC of the European Parliament and of the Council, technical implementing standards concerning the models to be used for the communication by insurance and reinsurance undertakings to their supervisory authorities of information necessary for their supervision, and repealing Implementing Regulation (EU) No 2015/2450; Having regard to Commission Implementing Regulation (EU) No 2023/895 of April 4, 2023 defining, for the application of Directive 2009/138/EC of the European Parliament and of the Council, technical implementing standards concerning the procedures, formats and models to be used by insurance and reinsurance undertakings for the publication of their solvency and financial condition report, and repealing Implementing Regulation (EU) No 2015/2452; Having regard to Commission Implementing Regulation (EU) No 2015/2450 of December 2, 2015 defining technical implementing standards regarding information communication models 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 December 2, 2015 defining technical implementing standards regarding procedures, formats and models 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 March 19, 2015 defining technical implementing standards concerning procedures for the granting 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 models 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 November 28, 2014 on statistical reporting requirements applicable to insurance companies (ECB/2014/50);

CONSOLIDATED INSTRUCTION

Having regard to Commission Delegated Regulation (EU) 2015/35 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 EIOPA Guidelines 15/109 relating to information communication and information for 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 September 4, 2015 amending the statistical statements of insurance companies, mutual societies and provident institutions in respect of supplementary social protection; Having regard to the Order of June 24, 2009 defining the procedures for transmission to the Prudential Control and Resolution Authority of data relating to medical liability; Having regard to Instruction No. 2016-I-04 of the Prudential Control and Resolution Authority relating to 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 relating to annual prudential documents to be communicated by entities subject to the supervision of the ACPR under the so-called "Solvency II" regime; Having regard to Instruction No. 2022-I-12 of the Prudential Control and Resolution Authority repealing and replacing Instruction No. 2022-I-12 of July 8, 2022 relating to annual prudential documents to be communicated by entities subject to the supervision of the ACPR under the so-called "Solvency II" regime; Having regard to the opinion of the Prudential Affairs Consultative Committee of June 26, 2023,

DECIDES

Article 1:
The following are hereinafter referred to as "subject entities":
a. Insurance and reinsurance undertakings 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; 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 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, when they are also participating undertakings within the meaning of point 3 of Article L. 356-1 of the Insurance Code.
  c. Securitization special purpose entities mentioned in Article L. 310-1-2.

Article 2:
The subject entities mentioned 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 of Commission Implementing Regulation (EU) No 2023/894 of December 2, 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 November 28, 2014 cited above; 5° Defined in Article 2 of Instruction No. 2023-I-02 of the Prudential Control and Resolution Authority cited above. Monetary quantitative information must be communicated in euros, unless a specification of the European implementing texts imposes the provision of a data point in its original currency. They must respect 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, via electronic transmission using office computer formats according to technical modalities 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 October 10, 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. 2023-I-02 of the Prudential Control and Resolution Authority cited above; 5° 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 such an 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 communicated under the conditions set by the Prudential Control and Resolution Authority's Instruction No. 2025-I-07.

Article 5:
This Instruction repeals Instruction No. 2022-I-13 and enters into force the day following its publication. References to the repealed Instruction No. 2022-I-13 appearing in other Instructions shall be understood as references to this Instruction.

Paris, July 17, 2023
For the Insurance Sector Sub-Committee
The President,
Jean-Paul FAUGÈRE