The Minister for the Economy decides whether to grant the guarantee provided for in article R. 442-11-1, after consulting the Commission des garanties et du crédit au commerce extérieur, on the basis of at least one of the following criteria:
1° The transaction is carried out in a sector of activity relating to materials, products or services contributing to the proper functioning of installations or equipment essential to national security or to the security of France’s supplies of energy resources and raw materials ;
2° Failure to carry out the transaction would represent a significant risk for the national economy, a sector of activity or an economic sector;
3° The transaction enables the development of a technology, process, product or service generating a competitive advantage for the national economy;
4° The transaction is likely to substantially develop the business of companies located in France;
5° The transaction enables the company to gain a significant foothold in a geographical or sectoral market with high growth potential.
The Commission des garanties et du crédit au commerce extérieur shall take into account in its opinion the contribution of the transaction to one or more of the environmental objectives listed in Article 9 of Regulation (EU) 2020/852 on the establishment of a framework for sustainable investment and amending Regulation (EU) 2019/2088.