Traduction de «couverture de garantie subséquente » (Français → Anglais) :

2. When a provider establishes himself in their territory, Member States may not require professional liability insurance or a guarantee from the provider where he is already covered by a guarantee which is equivalent, or essentially comparable as regards its purpose and the cover it provides in terms of the insured risk, the insured sum or a ceiling for the guarantee and possible exclusions from the cover, in another Member State in which the provider is already established.

2. When a provider establishes himself in their territory, Member States may not require professional liability insurance or a guarantee from the provider where he is already covered by a guarantee which is equivalent, or essentially comparable as regards its purpose and the cover it provides in terms of the insured risk, the insured sum or a ceiling for the guarantee and possible exclusions from the cover, in another Member State in which the provider is already established.

(13) This Directive should not apply to the provision of reinsurance cover carried out or fully guaranteed by a Member State for reasons of substantial public interest, in the capacity of reinsurer of last resort, in particular where because of a specific situation in a market, it is not feasible to obtain adequate commercial cover; in this regard a lack of "adequate commercial cover" should mainly mean a market failure which is characterised by an evident lack of a sufficient range of insurance offers, although excessive premiums should not per se imply inadequacy of that c ...[+++]ommercial cover.

(12a) This Directive should not apply to the provision of reinsurance cover carried out or fully guaranteed by a Member State for reasons of substantial public interest, in the capacity of reinsurer of last resort, in particular where because of a specific situation in a market, it is unfeasible to obtain adequate commercial cover; in this regard a lack of “adequate commercial cover” should mainly mean a market failure which is characterised by an evident lack of a sufficient range of insurance offers, although excessive premiums should not however imply in itself inadequacy ...[+++] of that commercial cover.

The Commission is continuing last-minute negotiations seeking to secure re- instatement of the guarantee cover but meantime operators are warned to possible long delays at the external frontiers.

Following the specific amendments agreed by the Commission, the proposal now: - makes clear that a credit institution that also acted as an investment firm could belong to a single compensation scheme as long as the scheme met the requirements of both the deposit-guarantee Directive and the investor compensation Directive - incorporates equivalent clauses to the bank deposit-guarantee Directive concerning the possibility for branches to opt-in to higher levels of compensation in the host country ('top-up'), the regime for branches of firms with their head office in a non-EU country (Member States must ensure home countries schemes offer equivalent cover or oblige branches to join the host country scheme) and the principle that schemes shoul ...[+++]d be financed by investment firms themselves - includes revised definitions of "investment firm" and "branch" which refer to the definitions in the Investment Services Directive and a new definition of "joint investment" - clarifies that authorisation for investment firms is based on the principle of home country control and that no investment firm (other than credit institutions exempted under the deposit-guarantee Directive) could operate unless it participated in an investor compensation scheme - simplifies the definition of when and how the amount of an investor's claim should be determined - makes a specific reference to the exclusion from compensation of any transaction in connection with which there has been a conviction for money-laundering as defined by the Directive on the issue (91/308/EEC) - includes a requirement for continued coverage by the compensation scheme even when a firm's authorisation to operate has been withdrawn (in case it should subsequently transpire that the firm was unable to meet its commitments to investors) - requires the Commission to report on the Directive's operation three years after it is due to be implemented (31.12.96) rather than five years after.