Ref. Ares(2018)3351066 - 25/06/2018
Ref. Ares(2019)4291643 - 05/07/2019
CHECKLIST
For reporting according to Regulation (EU) 1233/2011
I.
Reporting country information
Reporting Country
The Netherlands
Submission Date
18-10-2017
Reporting Institution (Government
Atradius Dutch State Business
Department, ECA)
II.
Reporting country legal and policy information
Mandate/Legal status of ECA
The legal mandate of the State of the
Netherlands for its activities in the field of
export finance is in Article 3, paragraph 1 of
the Law on Financial Allowances by the
Ministry of Finance (Kaderwet financiële
verstrekkingen Financiën).
In a non-authorized English translation, this
paragraph reads: “In accordance with the
Minister of Foreign trade and development aid,
the Minister of Finance can enter into
insurance agreements with Dutch businesses
or issue guarantees to Dutch businesses in
order to cover risks related to the foreign
trade and service transactions of those
businesses.”
Officially
supported
export
credit
Supplier Credit Cover
programs (in the sense of Article 5 of the
Direct guarantee
OECD Arrangement) during reporting
Buyer Credit Cover
period
Manufacturing Risk Cover
Constructional Works Cover
Project Finance
Credit Confirmation Risk Cover
Confiscation Risk Cover Financ
ial Lease Cover Operational Lease Cover
Export Credit Guarantee (for funding)
Bond cover
Counter guarantee
Annual reports available on reporting year
Annual Reports available at:
https://atradiusdutchstatebusiness.nl/en/article/an
nual-review.html
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III.
Information on the reporting Member State’s Export Credit policies:
General presentation of the reporting MS’ With its policies on export credits the Dutch
policies on export credits, including all State has the following long term objectives:
information that can help the Commission
Promote Dutch exports by offering
effective possibilities to insure export
in carrying out its evaluation regarding the
credits;
compliance of the Export Credit Agencies
Avoid competing with the private export
with EU objectives and obligations1 (in the
credit insurance market;
sense of Article 3, Annex 1 of EU
Promote a level playing field for Dutch
Regulation1233/2011)
exporters in the field of export credit
insurance;
Make sure the activities break even in
conformity with the Arrangement
Maintain a solid Corporate Social
Responsibility
in
business,
on
environmental-
and
social
due
diligence, anti-bribery measures and
sustainable lending.
Special information on the following
policies:
1) Environment:
a)
Do
you
apply
the
OECD
Recommendation on Common Approaches a) Yes, the Netherlands applies the OECD
to
the
Environment
and
Officially Common Approaches. All transactions being
Supported Export Credits?
screened for possible negative environmental
(its successor instrument the OECD and/or social effects, after which a review will
Recommendation on Common Approaches take place if transactions are above Eur 10mln or
on Officially Supported Export Credits and in or near sensitive areas. All projects are
Environmental and Social Due Diligence?) benchmarked against IFC performance standards.
b) any other relevant information
b) Beyond the scope of the Common, Atradius
Dutch State Business reviews all transactions in a
sensitive sector and all cash-based transactions.
The risk assessment is a part of the standard
environmental and social review procedure of
Atradius Dutch State Business.
2) Human rights:
a) Do you apply the Human Rights related a) Yes. Atradius Dutch State Business applies the
aspects of the
Human Rights related aspects of the Common
Recommendation on Common
Approaches which includes the assessment of
Approaches, on Officially Supported adverse project related human rights impacts
Export Credits and Environmental and against the reference standards that the Common
Social Due Diligence?
Approaches refer to.
b) Any other relevant information?
b) The Netherlands has supported the inclusion
of human rights as part of the environmental and
1 EP side suggested to use such a phrase (to ensure that it is not forgotten that the Regulation's official reference
is to "EU objectives and obligations)
2
social assessment process in the Common
Approaches for granting support to export
transactions. Atradius Dutch State Business
already benchmarks the environmental and social
(including human rights) effects of projects
against the IFC performance standards for some
time Further consideration is currently given to
the implementation of the common approaches,
including the development of due diligence tools
and coherence with human rights policies
(notably the implementation of the UN Guiding
Principles on Business and Human Rights).
3) Anti-Bribery measures:
a)
Do
you
apply
the
OECD
Recommendation
on
Bribery
and a) Yes. The Dutch Government will under no
Officially Supported Export Credits?
circumstances become involved in transactions in
which bribery has taken place, bribery being
b) Any other relevant information?
interpreted for this purpose in the broadest terms.
Atradius Dutch State Business will reject an
application if there is serious concern that the
applicant or his agent has engaged or will engage
in bribery according to the Criminal code, or has
been an accessory to bribery within the contract
concerned.
b) In the application form, Atradius Dutch State
Business therefore asks information on all
aspects of the OECD Recommendation on
Bribery and Officially Supported Export Credits
(including on the transaction and past violations
of the Criminal Code). Furthermore Atradius
Dutch State Business asks information on agents
commission (amount, name of the agent, work
done for the commission paid) and has a limit to
the agents commission being allowed under
standard circumstances.
4) Sustainable Lending Practices:
Yes. The Netherlands supports and promotes
a) Do you apply the OECD Principles and responsible lending to low income countries to
Guidelines
to
Promote
Sustainable prevent these countries from getting into a
Lending Practices in the Provision of situation of unsustainable debt. We therefore
Official Export Credits to Low Income support the measures taken to implement the
Countries?
requirements for lending to these countries by the
World Bank and IMF, including implement the
b) Any other relevant information?
concessionality
requirements
of
these
institutions.
5) Other policies
Further more:Atradius Dutch State Business
aligns it’s policies with the OECD guidelines for
multinational enterprises. Atradius Dutch State
Business asks all of its customers to take note of
these guidelines and endeavour to implement the
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guidelines in their businesses, and
Annually publishes a CSR report as
integrated part of its annual report.
Dialogue with stakeholders takes place
on a regular basis.
As standard procedure assesses support
for transactions against fundamental
labour standards of the ILO Declaration
on Fundamental Principles and Rights at
Work, which was ratified by the
Netherlands.
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IV.
Annual Activity Report data:
Explanatory note:
“MS shall report, in accordance with their national legislative framework, on assets and
liabilities, claims paid and recoveries, new commitments, exposures and premium charges."
From Regulation 1233/2011, Annex 1.
Member States that have more than one ECA should do one single integrated report (reporting
obligation is on the Member State as such, not the ECA). Where a MS offers at the same time
different types of products (pure cover and direct lending), the reporting under chapter IV
should however differentiate.
A) In case of official support is provided in the form of export credit guarantee or
insurance (“pure cover”) in the sense of Art 5 a 1) OECD Arrangement:[1] in Mio.
Overview of assets
n/a
Overview of liabilities
n/a
Aggregate nominal risk exposure
01-01-2015
EUR 20,206
31-12-2015
EUR 20.206
a.) nominal risk exposure under insurance
policies issued
01-01-2015
EUR 15,647
31-12-2015
EUR 19,139
b.) nominal risk exposure under promises
and notices of cover
01-01-2015
EUR 4,558
31-12-2015
EUR 4,797
Premium Income
EUR 144.5
Recoveries
EUR 93.1
Claims paid
EUR 95.7
B) In case official support is provided in the form of Official Financing Support in
the sense of Article 5a2) OECD Arrangement:
Overview of assets
n/a
Overview of liabilities:
n/a
a) nominal value of officially supported n/a
loan portfolio
b) total value of off balance commitments
01-01-2015
n/a
31-12-2015
Interest received
n/a
Annual profit/loss
n/a
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V.
Contingent liabilities
Where contingent liabilities might arise Not
from officially supported export credit
applicable
activities, those activities shall be
reported:
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VI.
Evaluation and incorporation of environmental risks
Evaluation and incorporation of environmental risks
Environmental risks:
The procedures for environmental and social due
diligence have been agreed in OECD
‘Common
Approaches’ for officially supported export credits.
The screening procedure to identify which
transactions should be classified and reviewed on
environmental & social impacts applies to all
incoming applications.
The review procedure on environmental
and social aspects of the transaction and the project
will take place in the following cases:
-
If the agreed contract price exceeds 10 million
-
If the agreed contract price is below 10 million
but the contract concerns a sensitive sector, or
a sensitive area.
-
In 2015 279 applications were received
-
222 applications underwent preliminary
screening.
-
In 2015 105 policies were granted with a total
volume of EUR 4.5 billion.
-
This resulted in-depth environmental & social
review of 41 projects with a volume of 2.3
billion euros assigned to environmental impact
categories A and B.
a)
Number/exposure
of
transactions Officially supported, environmentally relevant
Category A
projects by categories and industrial sectors:
2015: 5 Category A projects (total order value
of 1.7 billion euros)
:
3 construction of works
1 industry
1 oil and gas
b) Number/exposure of transactions
Officially supported, environmentally relevant
Category B
projects by categories and industrial sectors:
2015: 3 Category B projects (total order value
of 592 million euros)
: 1 industry
1 construction of works
1 energy
How are environmental risks, which can The Dutch government will only cover risks
carry other relevant risks, taken into relating to export transactions and direct
account in the officially supported export investments if the export or investment in question
credit activities?
is not associated with bribery, or the breach of
fundamental labour standards, and does not have
unacceptable environmental and social impacts. To
identify, assess and justify these risks an
environmental and social review procedure and
policy is in place in line with the OECD
Common
Approaches.
Parallel to the environmental & social review
procedure the Dutch government always assesses
the credit-worthiness of the foreign buyer and if
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necessary the guarantor, the market situation and
the country risk.
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Document Outline