Cabinet Starts Tendering Export Credit Insurance

The Court of Audit ruled in 2023 that the current implementation of export credit insurances is unlawful because it has not yet been tendered. This unlawfulness must be resolved. In recent months, the cabinet has explored several options to resolve this unlawfulness. It turned out that tendering is the best option.

Since 1932, Atradius Dutch State Business (ADSB) has been the executor of the export credit insurance (ekv) in the Netherlands. The Council of State ruled in 2007 that the European procurement directives and the Procurement Act apply to the execution of this insurance. This has not happened before, making the current execution unlawful.

In recent months, the cabinet has explored several options to resolve the unlawfulness. This exploration shows that tendering is the best option. Tendering provides the most certainty and calm for the execution of the ekv. A previously held market consultation also made clear that several parties are interested in offering the ekv. According to the cabinet, competition can lead to greater efficiency and innovative services. After the tendering process, the execution of the ekv will of course be monitored by the involved ministries.

At this moment, the ministry is preparing the tender with the help of experts. The ministry is involving companies and NGOs as far as legally possible. Before the summer, the cabinet will send an update to the House of Representatives about the status of the tender.

The cabinet attaches great importance to the continuity of the current services for companies that use them. The choice for a tender has no consequences for the current agreements between the State and Atradius Dutch State Business (ADSB), the current provider of the ekv. The State will fulfill the legal obligations arising from these agreements. This also applies to the policies that ADSB has concluded on behalf of the State or will do so in the future.

Export is essential for the Netherlands. It is an important engine for economic growth, job creation, and income, as a large part of national income comes from trade with foreign countries. Moreover, export strengthens the international competitive position of Dutch companies and stimulates innovation and cooperation on a global scale. Commercial insurers often do not provide coverage when it comes to large amounts, long terms, or countries with unstable political situations. In that case, entrepreneurs can turn to the export credit insurance of the Dutch government.