De minimis aid

De minimis aid

As of 1 January 2014, Commission Regulation (EU) No 1407/2013 applies to granting of de minimis aid. The ceiling for granting such aid (200,000 euros) is the same as in the earlier Regulation (EU) No 1998/2006. Over three consecutive financial years, 500,000 euros of de minimis aid may be granted to an undertaking providing services of general economic interest (Commission Regulation (EU) No 360/2012).

The ceiling differs from the so-called horizontal de minimis aid ceiling (200,000 euros) because granting up to 500,000 euros of aid to undertakings providing services of general economic interest within the meaning of Article 106(2) of the Treaty does not affect trade between Member States and does not threaten to distort competition between Member States. Besides, many activities are restricted territorially. The Regulation does not limit the opportunity to grant de minimis aid for the provision of services of general economic interest on the basis of Regulation (EU) No 1998/2006 [now No 1407/2013].

So, either Regulation may be used. De minimis aid granted on the basis of Regulation (EU) No 360/2012 may be cumulated with aid granted on the basis of Regulation (EU) No 1407/2014, but in total, an undertaking may not receive more than 500,000 euros of aid (see Article 2(7) of Regulation (EU) No 360/2012). De minimis aid arising from Regulation (EU) No 360/2012 may not be cumulated with any other compensation granted for the provision of the same services of general economic interest, regardless of whether or not the compensation is state aid.

Grantor of de minimis aid must notify the beneficiary of aid. The aid granting decision must specify that aid to be granted is de minimis aid within the meaning of Regulation (EU) No 1998/2006 [now No 1407/2013] or No 360/2012 (see in more detail in section 33 of the Competition Act).

In addition to Regulations (EU) No 1407/2013 and 360/2012, European Commission has also established de minimis aid regulations also for agriculture (ceiling 15,000 euros) and for fisheries (ceiling 30,000 euros), i.e. respectively Regulation (EU) No 1408/2013 and Regulation (EU) No 717/2014.

Cumulation rules: if an undertaking has been granted or is granted de minimis aid on the basis of different Commission de minimis aid Regulations, de minimis aid granted on the basis of other regulations concerning de minimis aid of the Commission also have to be taken into consideration in addition to the ceiling of de minimis aid laid down in the respective Regulation. For example, if an undertaking has received 200,000 euros of de minimis aid on the basis of Regulation (EU) No 1407/2013, the undertaking can no longer be granted de minimis aid for agriculture nor for fishery.

Last updated: 23 August 2017

 

Last updated: 6 July 2018