Consultation on the prolongation of the Regulation on de minimis State aid to undertakings providing services of general economic interest ('SGEI de minimis Regulation')

Policy field

Competition: State aid

 

Target group

Institutions, public authorities, citizens, companies and organisations are welcome to contribute to this consultation. Contributions are particularly sought from national authorities dealing with measures covered by Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest ('SGEI de minimis Regulation').

 

Consultation period

From 19.09.2018 to 19.10.2018

 

Objective of the consultation

Services of general economic interest ('SGEI') are economic activities that public authorities identify as being of particular importance to citizens and that would not be supplied (or would be supplied under different conditions) if there were no public intervention. Examples are transport networks, postal services and social services.

The SGEI de minimis Regulation applies to compensation measures which do not exceed EUR 500 000 over any period of three fiscal years granted to undertakings providing an SGEI and therefore shall be deemed not to constitute State aid in the sense of Article 107 paragraph 1 Treaty of the Functioning of the European Union (TFEU). More specifically, such compensation measures shall be deemed not to affect trade between Member States and/or not to distort or threaten to distort competition.

Unlike the other texts of the 2012 SGEI package, the SGEI de minimis Regulation will expire on 31 December 2018. As the SGEI package follows a proportionate and well-balanced approach, the expiry of solely the de minimis Regulation with the rest of the package remaining in force would interfere with this balanced approach and increase legal uncertainty for the providers of SGEI and public authorities.

On the basis of the Commission’s experience in applying the SGEI de minimis Regulation, it appears that the justifications for the exemption of such compensation measures from the notification requirement are still valid and that the conditions on the basis of which the scope and content of the SGEI de minimis Regulation were determined have not substantially changed.

The prolongation envisaged by the Commission is limited to two years and will contribute to providing legal certainty to undertakings entrusted with SGEI and reduce the administrative burden as compensation measures which do not exceed EUR 500 000 over any period of three fiscal years granted to undertakings providing an SGEI will continue to be deemed as not constituting state aid.

 

How to submit your contribution

We welcome contributions from citizens, organisations and public authorities.

• If you are answering this consultation as a citizen, please click COMP-F3ec [dot] europa [dot] eu (subject: HT.5254_Reply_from_a_citizen) (here) to submit your contribution.
• If you are answering this consultation on behalf of an organisation, please click COMP-F3ec [dot] europa [dot] eu (subject: HT.5254_Reply_from_an_organisation) (here) to submit your contribution.
• If you are answering this consultation on behalf of a public authority, please click COMP-F3ec [dot] europa [dot] eu (subject: HT.5254_Reply_from_a_public_authority) (here) to submit your contribution.

Received contributions will be published on this webpage. Only submissions that contain the word "CONFIDENTIAL" (in English, in capital letters) in the subject line of the email can be treated as such and not published. In that case please also provide a non-confidential version of your reply. It is important to read the privacy statement attached to this consultation for information on how your personal data and contribution will be dealt with.

Please note that we cannot guarantee to take account of replies received after the deadline.
We would appreciate receiving documents in an electronic format, preferably in English, French or German.

 

View the consultation document

• Draft Regulation bg da de el en es et fi fr it lt lv hr hu mt nl pl pt ro sk sl sv 

 

Reason why the consultation period is less than 12 weeks

Simple extension of a regulation without any changes

 

Reference documents

Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest

Roadmap of the Commission's initiative to prolong the SGEI de minimis Regulation

 

Contact details

Directorate-General for Competition, Unit F.3 State aid Post and other services
Please always indicate the reference number in your correspondence: Ref.: HT.5254 – Prolongation of the SGEI de minimis Regulation .

e-mail: COMP-F3ec [dot] europa [dot] eu (COMP-F3[at]ec[dot]europa[dot]eu)

Postal address:
European Commission
Directorate-General for Competition, Unit F.3
State aid registry
1049 Brussels
Ref.: HT.5254 – Prolongation of the SGEI de minimis Regulation

 

Replies to the consultation

Contributions from Registered Organisations

• C.E.E.P. Centre Européen de l'Entreprise Publique 
• Der Zentralverband des Deutschen Handwerks (ZDH)

Contributions from Public Authorities (European, National, Subnational)

• Permanent Representation of the Czech Republic to the European Union 
• Ministry of Economic Affairs and Employment (Finland) 
• Ministry of Finance of the Republic of Latvia 
• Ministry of Enterprise and Innovation (Sweden)