Directive 83/349/EEC shall apply subject to the following provisions:
1. Articles 4, 6, and 40 shall not apply;
2. the information referred to in the first and second indents of Article 9(2), namely:
- the amount of the fixed assets, and
- the net turnover,
shall be replaced by particulars of the gross premiums written as defined in Article 35 of this Directive;
3. a Member State may also apply Article 12 of Directive 83/349/EEC to two or more insurance undertakings which are not connected as described in Article 1(1) or (2) of the same Directive but are managed on a unified basis other than pursuant to a contract or provisions of their memoranda or articles of association. Unified management may also consist of important and durable reinsurance links;
4. Member States may permit derogations from Article 26(1)(c) of Directive 83/349/EEC where a transaction has been concluded according to normal market conditions and has established policyholder rights. Any such derogation shall be disc
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