At the end of a period which may not be less than eighteen months following the entry into force ofOrder no. 2022-1075 of 29 July 2022 on the development of climate risk management tools in agriculture, in the absence of an agreement approved in accordance with the procedures provided for in III of article L. 442-1-2 and if the distribution of insurance contracts benefiting from the aid provided for in the second paragraph of article L. 361-4 of the Rural and Maritime Fishing Code is not considered satisfactory by the administrative authority, the latter may, with a view to setting up the grouping provided for in Article L. 442-1-1, publish a notice of a call for expressions of interest in a specialised newspaper in the insurance sector and in the Official Journal of the European Union. An order by the Ministers for Agriculture and the Economy establishes the list of insurance companies that have expressed an interest and that will be called upon to participate in drawing up the constituent agreement from a date set by the same order.
The agreement then concluded is approved under the same conditions as those provided for in III of article L. 442-1-2, without the need for a public consultation in this case.
In the absence of agreement between the insurance undertakings on the constitutive agreement of the group or in the absence of approval of this agreement, the group may be created by decree issued after obtaining the opinion of the Autorité de la concurrence.