The undertakings referred to in the first paragraph of Article R. 356-8 or the undertakings designated in accordance with 5° of Article L. 356-15 shall notify the Autorité de contrôle prudentiel et de résolution at least once a year of all significant intra-group transactions carried out by the insurance and reinsurance undertakings in the group, including those carried out with an individual having close links with an undertaking in the group. Very significant intra-group transactions are reported without delay.
The Autorité de contrôle prudentiel et de résolution, in its capacity as group supervisor, shall identify, after consulting the other authorities concerned as well as the undertaking referred to in the first paragraph of Article R. 356-8 or the undertaking designated in accordance with 5° of Article L. 356-15, and taking into account the group concerned and its risk management structure, the type of intra-group transactions that the insurance and reinsurance undertakings in the group shall report in all circumstances.
In order to identify the significant intra-group transactions to be reported, the Autorité de contrôle prudentiel et de résolution as group supervisor, after consultation with the other authorities concerned and the group, shall impose appropriate thresholds based on the Solvency Capital Requirement, the technical provisions or both.
When controlling intra-group transactions, the Autorité de contrôle prudentiel et de résolution, in its capacity as group supervisor, shall pay particular attention to the possible risk of contagion within the group, the risk of conflicts of interest and the level or volume of risks.
The determination of material intra-group transactions is specified in Article 377 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014.