(b) the market share of the participating undertaking within another pool on the same relevant market as the pool in question, to which the participating undertaking is a party; and

(c) the market share of the participating undertaking on the same relevant market as the pool in question, outside any pool.

4. For the purposes of applying the market share thresholds provided for in paragraph 2, the following rules shall apply:

(a) the market share shall be calculated on the basis of gross premium income; if gross premium income data are not available, estimates based on other reliable market information, including insurance cover provided or insured risk value, may be used to establish the market share of the undertaking concerned;

(b) the market share shall be calculated on the basis of data relating to the preceding calendar year.

5. Where the market share referred to in paragraph 2(a) is initially not more than 20 % but subsequently rises above that level without exceeding 25 %, the exemption provided for in Article 5 shall continue to apply for a period of two consecutive calendar years following the year in which the 20 % threshold was first exceeded.

6. Where the market share referred to in paragraph 2(a) is initially not more than 20 % but subsequently rises above 25 %, the exemption provided for in Article 5 shall continue to apply for a period of one calendar year following the year in which the level of 25 % was first exceeded.

7. The benefit of paragraphs 5 and 6 may not be combined so as to exceed a period of two calendar years.

8. Where the market share referred to in paragraph 2(b) is initially not more than 25 % but subsequently rises above that level without exceeding 30 %, the exemption provided for in Article 5 shall continue to apply for a period of two consecutive calendar years following the year in which the 25 % threshold was first exceeded.

9. Where the market share referred to in paragraph 2(b) is initially not more than 25 % but subsequently rises above 30 %, the exemption provided for in Article 5 shall continue to apply for a period of one calendar year following the year in which the level of 30 % was first exceeded.

10. The benefit of paragraphs 8 and 9 may not be combined so as to exceed a period of two calendar years.

## Article 7 - Conditions for exemption

The exemption provided for in Article 5 shall apply on condition that:

(a) each participating undertaking having given a reasonable period of notice has the right to withdraw from the pool, without incurring any sanctions;

(b) the rules of the pool do not oblige any participating undertaking of the pool to insure or reinsure through the pool and do not restrict any participating undertaking of the pool from insuring or reinsuring outside the pool, in whole or in part, any risk of the type covered by the pool;

(c) the rules of the pool do not restrict the activity of the pool or its participating undertakings to the insurance or reinsurance of risks located in any particular geographical part of the Union;

(d) the agreement does not limit output or sales;

(e) the agreement does not allocate markets or customers; and

(f) the participating undertakings of a co-reinsurance pool do not agree on the commercial premiums which they charge for direct insurance.

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