SWE GVT State Aid New Regulations


On Jan. 9, SWE GVT updated on data obligation for certain measures.


  • SWE GVT announced draft on obligation to notify certain support measures, in accordance with EU law, via memorandum KN2025/00011.
  • Follows EC Dec. 2023 issued final Reg 2023/2831 and Reg 2023/2832 in OJ #170069.
  • Overview
  • 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.

Regulators SWE GVT
Entity Types Corp
Reference Memo KN2025/00011, Bill, PR, 1/9/2025; Act (2013:388); Reg 2023/2831; Reg 2023/2832; Reg 2015/1588; Reg 1408/2013
Functions Compliance; Financial; Legal; Operations; Registration/Licensing; Reporting
Countries Sweden
Category Central Government
State
Products Corporate
Regions EMEA
Rule Type Proposed
Rule Date 1/9/2025
Effective Date 1/9/2025
Rule Id 239579
Linked to Rule :170069
Reg. Last Update 1/9/2025
Report Section EU

Last substantive update on 01/10/2025