Where an insurance or reinsurance undertaking operating within the territory of the French Republic under the freedom to provide services or the freedom of establishment does not comply with the rules which apply to it, the Autorité de contrôle prudentiel et de résolution shall order the undertaking concerned to put an end to this irregular situation.
If the undertaking does not comply with the injunction thus addressed to it, the Autorité de contrôle prudentiel et de résolution shall inform the supervisory authority of the home Member State of the undertaking and request it to take all appropriate measures to ensure that the undertaking puts an end to the irregular situation.
The Autorité de contrôle prudentiel et de résolution may also refer the matter to the European Insurance and Occupational Pensions Authority in accordance with Article 19 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010.
If the undertaking persists in infringing the rules imposed on it, the Autorité de contrôle prudentiel et de résolution may, if the circumstances so require and after informing the supervisory authority of the home Member State, take appropriate measures to put an end to the irregular situation. It may also impose the penalties provided for in paragraphs 1 to 3 and paragraph 9 of Article L. 612-39 of the Monetary and Financial Code, under the conditions set out in IV of Article L. 612-16, Article L. 612-38 and paragraphs 10 and 13 of Article L. 612-39 of the Monetary and Financial Code. The authority may also, under the same conditions, suspend the authorised agent and prohibit the undertaking from continuing to conclude insurance or reinsurance contracts within the territory of the French Republic.
In an emergency, the measures provided for in the previous paragraph may be taken without prior implementation of the procedure defined in the first two paragraphs of this article.
A decree of the Conseil d’Etat shall specify, as necessary, the conditions of application of this article.