Instruction No. 2026-I-05 replacing Instruction No. 2016-I-02 defining exemption procedures for entities under Article 3 of Instruction No. 2016-I-01

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2026-I-05 replacing Instruction No. 2016-I-02 of January 14, 2016 defining the procedures for exemption for entities mentioned in Article 3 of Instruction No. 2016-I-01

The Prudential Control and Resolution Authority, Having regard to Delegated Regulation No. 2026/269 of the Commission of October 29, 2025 amending Delegated Regulation (EU) No. 2015/35 of the 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 (hereinafter "Solvency II"); Having regard to the Insurance Code, particularly Articles L. 310-3-1, L. 351-1, L. 355-1,
L. 356-21, R. 355-3, R. 355-5, R. 356-14, R. 356-52 and R. 356-53-1;
Having regard to the Monetary and Financial Code, particularly Article L. 612-24; Having regard to the Mutual Code, particularly Articles L. 211-10 and L. 212-1; Having regard to the Social Security Code, particularly Articles L. 931-6 and L. 931-9; Having regard to Instruction No. 2026-I-04 of July 10, 2026 determining the thresholds for the application of quarterly information submissions for entities subject to it, replacing Instruction No. 2016-I-01 of January 14, 2016; Having regard to the opinion of the Prudential Affairs Advisory Commission (CCAP) dated June 26, 2026, DECIDES

Article 1:
The following are hereinafter referred to as "subject individual entities": entities governed by 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.

Article 2:
Pursuant to Article R. 355-3 of the Insurance Code, subject individual entities that wish to submit an application for exemption from the submission of quarterly quantitative statements, if they meet the conditions set out in Article 3 of Instruction No. 2026-I-04 of July 10, 2026 and Article 3 of the present instruction, must submit a written application to the Secretary General of the Prudential Control and Resolution Authority.

Article 3:
An entity is eligible for the exemption mentioned in Article 2 only if it meets the following criteria:
1° it must not contribute to more than 5% of the group's balance sheet; 2° it must not contribute to the cumulative exempted entities of the group, ranked in ascending order of balance sheet size, exceeding 15%; 3° it must submit, at least once a year, the information covered by the exemption referenced in Article 2. The least contributory entities must be proposed for exemption first. In other cases, the proposal to exempt another entity must be justified.

Article 4:
The balance sheet to be considered for the application of Article 3 is the balance sheet prepared in accordance with Article L. 351-1 of the Insurance Code for individual entities and Article R. 356-14 of the Insurance Code for groups.

Article 5:
A single application for exemption for all entities within a group must be addressed to the Secretary General of the Prudential Control and Resolution Authority.

Article 6:
The exemption application must be submitted in electronic format to the Prudential Control and Resolution Authority by depositing it at the following address: https://acpr-portail.banque-france.fr

Article 7:
The present instruction replaces Instruction No. 2016-I-02 of January 14, 2016. References to Instruction No. 2016-I-02 of January 14, 2016 shall be understood as references to the present instruction.

Article 8:
The present instruction enters into force on January 30, 2027.
Paris, July 10, 2026
For the Insurance Sectoral Sub-College
The President,
Jean-Paul FAUGÈRE