EC carried out review of EU de minimis regulations in 2022–2024, with the aim of proposing revised thresholds and increasing transparency requirements.
2 new EU, Reg 2023/2831 on application of arts 107 -108 TFEU to de minimis aid, Reg 2023/2832 application of arts 107-108 TFEU to de minimis aid granted to undertakings providing services of general economic interest; in force since Jan. 1, 2024.
As part of review, EC also amended Reg 1408/2013 application of arts 107-108 TFEU to de minimis aid in agricultural sector, entered into force on Dec. 16, 2024.
Memorandum contains proposed amendment to Act (2013:388) on application of EU State aid rules the new EU regulations entail.
Context
The rules on State aid are set out in arts 107-109 of TFEU; aid falls under the State aid rules if it fulfils conditions set out in art 107(1) TFEU.
Art 108 has provisions on EC's assessment of State aid which Member States must notify before granting or altering aid measures.
A measure may not be put into effect until it approved by EC (standstill obligation).
Art 109 states Council may adopt regulations to determine categories of aid which are to be exempted from notification requirement.
Reg 2015/1588 on application of arts 107-108 to certain categories of horizontal State aid, says de minimis aid may be category exempted from the notification requirement.
EC may, on basis of art 108(4) TFEU, adopt regulations on de minimis aid which are exempted from notification requirement in art 108(3); further details provided.
Key Aspects
Draft law to amend Act (2013:388) on application of EU's State aid rules Section 12 a.
Whoever implements aid measure approved by EC or exempted from notification by EC regulation or decision shall, to extent determined by EC: provide information for publication, reporting, registration of aid measure, and keep register of aid measure.
SWE GVT or authority designated by it may, on basis of Chapter 8, Section 7 Instrument of Government, issue further regulations on information, registration.
So whoever implements aid measures must comply with certain EU law requirements.
Amendment means that whoever implements an aid measure shall provide information for registration of the aid measure in a central register (cf. Bill 2015/16:156 p. 24).
Memorandum proposes anyone implementing aid measure approved by EC, to extent determined by EC, should provide information for registration of the aid measure.
Same to apply to anyone implementing aid measure exempted from notification by EC regulation or decision; memorandum has constitutional commentary on the proposal.
Information to be provided for registration follows directly from EC's decision or reg.
Memorandum proposes amendment to law shall enter into force on Jan. 1, 2026.
According to general de minimis regulation and SGEI de minimis reg, information on granted aid of minor importance shall be registered in central register from Jan. 2026.
Amendment should enter in force on same date as late; transitional rules not needed.
