The Autorité de contrôle prudentiel et de résolution may authorise insurance or reinsurance undertakings not to publish information in their solvency and financial condition report referred to in Article L. 355-5 in the following two cases:
a) The publication of such information would give competitors of the undertaking concerned an unfair advantage ;
b) The undertaking is bound by secrecy or confidentiality obligations towards policyholders, subscribers or beneficiaries of contracts, reinsured undertakings or any other relationship with a counterparty. These obligations may not, however, have the sole purpose of exempting the undertaking from its obligation to publish the corresponding information in its report on solvency and financial situation.
The request for non-publication must be filed with the Autorité de contrôle prudentiel et de résolution at least five months before the end of the first financial year concerned by the solvency and financial condition report. In this case, the Autorité shall take a decision before the end of the financial year in question.
Exceptionally, an application may be filed after the date mentioned in the previous paragraph and at least two months before the date of publication of the report on the solvency and financial situation. To be admissible, this application must state the reasons why it could not be submitted before that date.
In any event, the submission of such an application may not be invoked by the company as a reason for not publishing the solvency and financial condition report within the time limit.
Where the non-publication of information is authorised by the Autorité de contrôle prudentiel et de résolution, the undertaking concerned shall indicate this in its report on its solvency and financial situation and explain the reasons therefor.
The provisions of this article do not apply to the information referred to in e of Article R. 355-7.
The conditions under which the authorisation referred to in the first paragraph ceases to be valid are defined in Article 299 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014.