Section 3: Operating resources

The Autorité de contrôle prudentiel et de résolution publishes the following information electronically:

1° The general guidelines, methods and criteria that it implements and applies for the purposes of prudential supervision, in particular the procedures for exercising the options provided for in Community prudential legislation;

2° The solutions chosen by France from among the options available under Community prudential legislation, in particular under Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 and Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009, Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 or Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019, Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 or the transposition of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 ;

3° The text of the laws and regulations applied by the Autorité de contrôle prudentiel et de résolution;

4° Aggregated statistical data on the main aspects of the implementation of prudential supervision.

5° For the implementation of Part Five of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 and Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009:

(a) The general criteria and methods adopted by the Authority to verify compliance with Articles 405 to 409 of the aforementioned Regulation (EU) No 575/2013 ;

b) Without prejudice to the provisions of Article L. 612-17 and Chapter II of Title III of this Book, a summary description of the results of prudential supervision and a description of the measures imposed in cases of non-compliance with Articles 405 to 409 of Regulation (EU) No 575/2013, observed each year;

6° Where the Authority exercises the discretion provided for in Article 7(3) of the abovementioned Regulation (EU) No 575/2013:

a) The criteria it applies to determine that there is, in law or in fact, no current or foreseen significant impediment to the rapid transfer of own funds or the rapid repayment of liabilities ;

b) The number of parent credit institutions or parent investment firms benefiting from the exercise of the discretion provided for in Article 7(3) of the abovementioned Regulation (EU) No 575/2013 and, of these, the number of credit institutions or investment firms other than asset management companies which have subsidiaries located in a State which is not a member of the European Union and which is not a party to the Agreement on the European Economic Area ;

c) On an aggregated basis for France:

-the total amount of own funds on a consolidated basis of the parent credit institution or the parent investment firm benefiting from the exercise of the option provided for in Article 7(3) of Regulation (EU) No 575/2013 referred to above, which are held in subsidiaries located in a State which is not a member of the European Union and which is not a party to the Agreement on the European Economic Area;

- the percentage of total own funds on a consolidated basis of parent credit institutions or parent investment firms benefiting from the exercise of the discretion provided for in Article 7(3) of the same Regulation, represented by own funds held in subsidiaries located in a non-EU Member State which is not a party to the Agreement on the European Economic Area;

-the percentage of the total amount of own funds on a consolidated basis, required under Article 92 of the same Regulation, of parent credit institutions or parent investment firms benefiting from the exercise of the discretion provided for in paragraph 3 of Article 7 of the same Regulation, represented by own funds held in subsidiaries located in a State which is not a member of the European Union and which is not a party to the Agreement on the European Economic Area;

7° Where the Authority exercises the discretion provided for in Article 9(1) of the aforementioned Regulation (EU) No 575/2013:

(a) The criteria it applies to determine that there are, in law or in fact, no current or anticipated significant impediments to the rapid transfer of own funds or the rapid repayment of liabilities;

b) The number of parent credit institutions or parent investment firms benefiting from the exercise of the discretion provided for in Article 9(1) of the aforementioned Regulation and, of these, the number of parent credit institutions or parent investment firms which have subsidiaries located in a State which is not a member of the European Union and which is not a party to the Agreement on the European Economic Area;

c) On an aggregated basis for France :

- the total amount of own funds of parent credit institutions or parent investment firms benefiting from the exercise of the discretion provided for in paragraph 1 of Article 9 of the aforementioned Regulation (EU) No 575/2013 held in subsidiaries located in a State which is not a member of the European Union and which is not a party to the Agreement on the European Economic Area;

- the percentage of the total amount of own funds of parent credit institutions or parent investment firms benefiting from the exercise of the discretion provided for in Article 9(1) of Regulation (EU) No 575/2013, as referred to above, represented by own funds held in subsidiaries located in a non-EU Member State which is not a party to the Agreement on the European Economic Area;

- the percentage of the total amount of own funds, required under Article 92 of Regulation (EU) No 575/2013, of parent credit institutions or parent investment firms benefiting from the exercise of the discretion provided for in Article 9(1) of the Regulation, represented by own funds held in subsidiaries located in a non-EU Member State which is not a party to the Agreement on the European Economic Area;

8° The list of specialised credit institutions authorised to issue "obligations foncières", "obligations de financement de l'habitat" or bonds referred to in II ofArticle 13 of Law 85-695 of 11 July 1985 , as well as the list of "obligations foncières", "obligations de financement de l'habitat", bonds referred to in II of Article 13 of Law 85-695 of 11 July 1985 or other privileged resources referred to in 2° of I of Article L. 513-2 which have the right to use the "European guaranteed bond" label, as well as the list of those which have the right to use the "high-quality European guaranteed bond" label as defined in Article L. 513-26-1. The Autorité de contrôle prudentiel et de résolution provides this information to the European Banking Authority on an annual basis.

This information must enable a useful comparison to be made of the approaches adopted by the competent authorities for prudential supervision in the Member States of the European Union or parties to the Agreement on the European Economic Area.

This information is regularly updated by the AMF. It can be accessed via a single e-mail address on the AMF website.