The State guarantee provided for in e of 1° of Article L. 432-2 is granted by decision of the Minister for the Economy after it has been established that the credit insurance market has failed.
The market failure is established either by a decision of the European Commission relating to short-term export credit insurance policy, or by the production by the applicant of at least four letters of refusal of cover from credit insurers, or by the observation of a significant drop in outstanding guarantees certified by the aggregate information communicated to the Minister responsible for the economy by the Banque de France pursuant to article R. 344-6.