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Chapter III: Agricultural risk compensation scheme

Article D443-1 of the French Insurance Code

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…

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Article D443-2 of the French Insurance Code

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.

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Article D443-3 of the French Insurance Code

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…

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Article D443-4 of the French Insurance Code

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,…

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