A report evaluating the guarantees granted under a ter of 1° of article L. 432-2 is submitted each year to the Minister for the Economy by the body responsible for managing the scheme, with a view to ensuring the financial equilibrium of the guarantee scheme.
The guarantee provided for in a of 1° of article L. 432-2 may be granted to the beneficiaries mentioned in article L. 432-1 carrying out a transaction of strategic interest for the French economy abroad under the conditions provided for in articles R. 442-11-2 to R. 442-11-4 below.
The political, catastrophic and monetary risks covered under the guarantee referred to in article R. 442-11-1 are realised under the following conditions. The political risk arises when performance of the contract has been interrupted or the debtor has not paid his debt, provided that the non-payment is due to one of the following causes: a) Civil or foreign war, revolution, riot or other similar events outside France; b) Moratorium imposed…
I. – The granting of the guarantee, except when it is granted to a credit institution, finance company, insurance and reinsurance company, mutual insurance company and provident institution, under French or foreign law, or a body referred to in article L. 214-1 of the Monetary and Financial Code, is subject to compliance, by the French company taking part in the transaction concerned by this guarantee, with the following two conditions:…
The Minister for the Economy decides whether to grant the guarantee provided for in article R. 442-11-1, after consulting the Commission des garanties et du crédit au commerce extérieur, on the basis of at least one of the following criteria: 1° The transaction is carried out in a sector of activity relating to materials, products or services contributing to the proper functioning of installations or equipment essential to national security…
The members of the group referred to in article L. 442-1-1 are required to transfer to the group an identical share of the risk associated with each of their contracts benefiting from the aid provided for in the second paragraph of article L. 361-4 of the French Rural and Maritime Fishing Code. This share may represent a minimum of 65% and a maximum of 90% of the risk mentioned in…
The approval referred to in III of article L. 442-1-2 is granted by a joint decision of the ministers responsible for agriculture and the economy, within two months of the date of receipt of the application for approval of the constituent agreement, provided that the application file as specified in D. 443-3 is complete.
The application for approval is accompanied by the following information: 1° The constitutive agreement signed by the legal representatives of all the insurance companies which, at the time the application is submitted, market agricultural weather risk insurance products benefiting from the aid provided for in the second paragraph of article L. 361-4 of the Code rural et de la pêche maritime ; 2° An economic analysis of the group’s impact…
The ministers responsible for agriculture and the economy grant approval for the constituent agreement if the following conditions are met: 1° The opinion of the Autorité de la concurrence referred to in III of Article L. 442-1-2 is favourable; 2° The constituent agreement provides for a dispute resolution procedure that respects the rights of the defence. However, in the absence of a favourable opinion from the Autorité de la concurrence,…
The decision of the ministers responsible for the economy and agriculture is published in the Journal officiel de la République française.
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