In the event of insufficient coverage of the commitments covered by the auxiliary allocation accounts referred to in Article L. 142-4, and without prejudice to any proceedings under Title I of Book III, the insurance undertaking and the policyholder(s) shall agree on a recovery plan to re-establish coverage of these commitments by allocating new assets of the insurance undertaking, under conditions agreed between the insurance undertaking and the policyholder(s) of the contracts covered by the auxiliary allocation accounts. In the event of disagreement between the parties, the Autorité de contrôle prudentiel et de résolution determines the amount and the timetable for the allocation of assets by the insurance undertaking.
The preparation of the recovery plan referred to in the first paragraph shall take account of the specific situation of the insurance undertaking in respect of the subsidiary accounts which are the subject of the plan. This plan is made available to members and is sent to the Autorité de contrôle prudentiel et de résolution.