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The paper also includes very first drafts of possible legal provisions in order to facilitate the discussion.
On the obligation to create a scheme any harmonisation should start with the Member States’ obligation to set up or officially recognize one or more insurance guarantee schemes within their territories and provide for mutual recognition of the corresponding schemes in other Member States.
A European system on insurance guarantee schemes should be based on the Home Member State Principle. The guarantee scheme of the home Member State should cover all the operations carried out by the insurance undertaking either by means of establishment (branches) or on free provision of services.