Pursuant to the sixth paragraph of Article L. 355-1, and without prejudice to the provisions of Article L. 612-24 of the Monetary and Financial Code, the Autorité de contrôle prudentiel et de résolution may limit or exempt insurance or reinsurance undertakings from the regular provision of line-by-line information, where :
a) The provision of such information would represent a disproportionate burden having regard to the nature, scale and complexity of the risks inherent in the undertaking’s business ;
b) The provision of such information is not necessary for the effective control of the undertaking;
c) The exemption does not affect the stability of the financial systems concerned in the Union;
d) The undertaking is able to provide information on an ad hoc basis; and
e) For undertakings subject to group supervision pursuant to Article L. 356-2, the provision of such information would be inappropriate in view of the nature, scale and complexity of the risks inherent in the group’s business and in view of the objective of financial stability at EU level. In such cases, where the Autorité de contrôle prudentiel et de résolution is not the group supervisor, it shall consult the group supervisor and take due account of any opinion and reservations expressed by the group supervisor.
For the application of the provisions of this article, the entities benefiting from an exemption from disclosure may not represent more than 20% of the gross non-life insurance premiums written by all the undertakings referred to in Article L. 310-1 or in 1° of III of Article L. 310-1-1, mutual insurers and unions governed by Book II of the Mutual Code and provident institutions and their unions governed by Title 3 of Book 9 of the Social Security Code and 20% of the gross life insurance technical provisions of the same bodies.
When determining the eligibility of the undertakings concerned for the limitations mentioned in this article, the Autorité de contrôle prudentiel et de résolution shall give priority to the smallest undertakings.