I.-The Autorité de contrôle prudentiel et de résolution is responsible for preserving the stability of the financial system and protecting the customers, policyholders, members and beneficiaries of the persons subject to its supervision.
The Autorité monitors compliance by these persons with the European provisions directly applicable to them, the provisions of the Monetary and Financial Code and the regulatory provisions for its application, the Insurance Code, Book IX of the Social Security Code, the Mutual Code, Book III of the Consumer Code, Articles 26-4 to 26-8 of Law 65-557 of 10 July 1965 establishing the status of condominiums, approved codes of conduct and any other legislative or regulatory provision, non-compliance with which entails non-compliance with the aforementioned provisions.
II – It is responsible for
1° Examining applications for authorisations or individual exemptions submitted to it and taking the decisions provided for by the European, legislative and regulatory provisions applicable to the persons subject to its supervision; for the application of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on over-the-counter derivatives, central counterparties and trade repositories, examining in particular notifications made pursuant to Article 4(2) and Articles 11 and 89 of the same Regulation, by those persons subject to its supervision that are also financial counterparties within the meaning of Article 2(8) of the said Regulation. For the application of Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan-European individual retirement savings product (PEPP), it shall examine, under the conditions set out in paragraphs 2 to 5 of Article 6 of the same Regulation, applications for registration of pan-European individual retirement savings products sent to it by the persons mentioned in b and c of paragraph 1 of the same Article 6 ;
2° To carry out ongoing supervision of the financial situation and operating conditions of the persons mentioned in I of Article L. 612-2 ; in particular, it shall monitor compliance with their solvency requirements and, for the persons mentioned in 1° to 4° and 8° to 10° of A of I of Article L. 612-2, the rules relating to the preservation of their liquidity and, for the persons mentioned in 1° to 3°, 5°, 8° to 11° of B of I of the same article, that they are able to meet at all times the commitments they have made to their policyholders, members, beneficiaries or reinsured undertakings and actually meet them ; for the purposes of the aforementioned Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012, it shall also monitor compliance with the obligations and conditions laid down in Article 3, Article 4(2) and Article 11 of that Regulation by those persons subject to its supervision who are also financial counterparties within the meaning of Article 2(8) of that Regulation;
2° bis Setting the buffer requirement applicable to global systemically important institutions and other systemically important institutions and ensuring compliance with the overall capital buffer requirement defined in Articles L. 511-41-1 A and L. 533-2-1 ;
3° Ensuring that the persons subject to its supervision comply with the rules intended to protect their customers, resulting in particular from any European, legislative or regulatory provision or from codes of conduct approved at the request of a professional association, as well as good practices in their profession that it observes or recommends, as well as the adequacy of the means and procedures that they implement for this purpose; it also ensures the adequacy of the means and procedures that these persons implement to comply with Book I as well as Chapter II of Titles I and II of Book II of the Consumer Code;
4° overseeing the development and implementation of measures for the prevention and resolution of banking crises provided for in Section 4 of Chapter III of this Code, and measures for the prevention and resolution of crises in the insurance sector provided for in Chapter II of Title I of Book III of the Insurance Code and exercising the powers of a resolution authority within the meaning of Regulation (EU) 2021/23 of 16 December 2020 on a framework for the recovery and resolution of central counterparties;
5° Ensuring that the persons subject to its supervision comply with the rules relating to the way in which they carry on their business themselves or through subsidiaries, and to the acquisition and acquisition of shareholdings;
6° Ensuring that the persons subject to its supervision comply with the rules relating to the fight against money laundering and terrorist financing under the conditions set out in Articles L. 561-36 and L. 561-36-1 of this Code;
7° Ensuring compliance with Article L. 564-2. On completion of the inspections carried out in the performance of its duties, the Autorité de contrôle prudentiel et de résolution shall provide the tax authorities with the documents and information required to ensure compliance withArticle 1649 AC of the Code général des impôts andArticle L. 102 AG of the livre des procédures fiscales in accordance with Article L. 84 D of the livre desprocédures fiscales . It may obtain from the tax authorities the information and documents necessary to carry out this mission in accordance with article L. 135 ZI of the aforementioned book;
8° To ensure compliance, by the persons subject to its supervision, except for the activities of providing investment services on behalf of third parties, with the provisions applicable to them of Articles 3, 4 and 5 of Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on the publication of sustainability information in the financial services industry, with regard to their investment strategy and their management of the risks associated with the effects of climate change, as well as Article L. 533-22-1 of this Code in accordance with Articles L. 310-1-1-3 and L. 385-7-2 of the Insurance Code,Article L. 114-46-3 of the Mutual Code and Articles L. 931-3-8 and L. 942-6-1 of the Social Security Code.
III – In the performance of its duties, the Autorité de contrôle prudentiel et de résolution shall take into account the objectives of financial stability throughout the European Economic Area and the convergent implementation of national and European Union provisions, taking into account best practices and recommendations arising from European Union supervisory arrangements. It cooperates with the competent authorities in other countries. In particular, within the European Economic Area, it provides assistance to supervisory structures for cross-border groups.
IV. – To carry out its duties, the Autorité de contrôle prudentiel et de résolution has supervisory powers, the power to take administrative police measures and the power to impose sanctions on the persons mentioned in Article L. 612-2 and in I and, where applicable, II of Article L. 613-34. This power to impose penalties is exercised against persons and in respect of acts falling within the scope of its supervision at the date of commission of the breach or infringement. It may also disclose to the public any information it deems necessary for the performance of its duties, without being bound by the professional secrecy referred to in Article L. 612-17.
With regard to credit institutions, financial holding companies and mixed financial holding companies, the Autorité de contrôle prudentiel et de résolution shall exercise its powers of authorisation and prudential supervision under the provisions of Title I of Book V and this Book without prejudice to the powers conferred on the European Central Bank by Council Regulation (EU) No 1024/2013 of 15 October 2013.
For the implementation of the single supervisory mechanism instituted by the above-mentioned regulation, the Autorité de contrôle prudentiel et de résolution is the competent national authority for France. In this capacity, it assists the European Central Bank in carrying out the prudential supervision tasks entrusted to it by this regulation.
Where, pursuant to the third subparagraph of paragraph 1 of Article 9 of the same Regulation, it has received instructions to this effect from the European Central Bank for the performance of the latter’s tasks, the Autorité de contrôle prudentiel et de résolution shall make use of the powers of supervision and prudential oversight which it derives from this Code.
As regards credit institutions, financial holding companies, mixed financial holding companies, financial institutions and investment firms, the resolution college of the Autorité de contrôle prudentiel et de résolution shall exercise its powers in relation to the resolution of banking crises without prejudice to the powers conferred on the Single Resolution Board by Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014.
For the implementation of the single resolution mechanism instituted by the aforementioned regulation, the resolution college of the Autorité de contrôle prudentiel et de résolution is the national resolution authority for France. In this capacity, it assists the Single Resolution Board in carrying out the tasks entrusted to it by this Regulation.
When, in application of the same regulation, it has received instructions to this effect from the Single Resolution Board, the College of Resolution shall use the powers conferred upon it by this Code.
With regard to the company referred to in Article L. 313-19 of the Code de la construction et de l’habitation, the Autorité de contrôle prudentiel et de résolution exercises its powers without prejudice to the powers entrusted to the Agence nationale de contrôle du logement social. In exercising their respective powers in relation to this company, the Autorité de contrôle prudentiel et de résolution and the Agence nationale de contrôle du logement social may provide each other with information covered by professional secrecy.
V. – The supervisory college or, as the case may be, the secretary general shall adopt the measures necessary to implement the guidelines, instructions, decisions and any other legal act of the European Central Bank taken within the framework of Council Regulation (EU) No 1024/2013 of 15 October 2013.
The College of Resolution or the Director in charge of the services mentioned in Article L. 612-8-1, as the case may be, shall adopt the measures necessary to transpose and implement the recommendations, warnings, guidelines, instructions, decisions and any other legal act of the Single Resolution Board taken within the framework of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014.
VI. – Notwithstanding the provisions of Law no. 68-678 of 26 July 1968 on the disclosure of economic, commercial, industrial, financial or technical documents and information to foreign natural or legal persons, the Autorité de contrôle prudentiel et de résolution may transmit to the European Commission information covered by professional secrecy.
VII. – The Autorité de contrôle prudentiel et de résolution may be consulted by the administrative authority on compliance with the obligations imposed by Article L. 594-2 of the Environmental Code.
VII bis -The Autorité de contrôle prudentiel et de résolution may be consulted by the Commission nationale d’évaluation du financement des charges de démantèlement des installations nucléaires de base et de gestion des combustibles usés et des déchets radioactifs (National Commission for the Evaluation of the Financing of the Costs of Decommissioning Basic Nuclear Facilities and Management of Spent Fuel and Radioactive Waste) referred to in Article L. 594-11 of the Environmental Code, in the performance of its task of evaluating the adequacy of the provisions for the costs provided for in the first paragraph of the same Article L. 594-11.
VIII. – Pursuant to Article R. 615-4 of the Consumer Code, the Autorité de contrôle prudentiel et de résolution may be consulted by the Commission d’évaluation et de contrôle de la médiation de la consommation on :
a) Applications for inclusion on the list of consumer mediators in the banking, payment institutions and insurance sectors;
b) Assessment of the activity of these mediators working in the same sectors.
The terms and conditions of this referral are set out in an agreement between the Autorité de contrôle prudentiel et de résolution and the Commission d’évaluation et de contrôle de la médiation de la consommation.