Erhvervsudvalget 2022-23 (2. samling)
ERU Alm.del Bilag 13
Offentligt
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NOTE
DocumentDate
2022 - 16014
miy
UDKAST
Feedback regarding a possible revision of the de minimis Regulation
The Danish Government appreciates the possibility to respond to the Com-
mission’s
public hearing regarding the proposed revision of the de minimis
Regulation.
The Danish Government finds that the de minimis Regulation is a well-
functioning regulation which facilitates granting of smaller aid amounts in
a fast and flexible way. We are happy to note that the basic criteria for
granting aid under the de minimis Regulation are proposed in the draft re-
vision of the Regulation. This concerns i.e. the more operational definition
of undertaking which makes it easier to administrate aid grantings under
the Regulation.
The Danish Government recognizes the challenges in the current global
situation. Looking into whether the current state aid framework could be
improved is one of more possibilities to respond to these challenges. How-
ever, we strongly encourage that such changes are introduced with caution
based on data concerning the actual need. Such approach is according to
the Danish Government a prerequisite for ensuring a simpler, faster and
even more predictable state aid framework, while ensuring that a level play-
ing field is preserved. In general, the Danish Government is open to a minor
increase of the de minimis threshold in light of the economic development
and inflation since 2006.
Furthermore, the Danish Government is open to the introduction of a public
de minimis register at Union level.
Please find our elaboration below.
1. Adoption of an increase of the aid threshold
The current de minimis threshold was adopted in December 2006. Since
then, there has been a change in both inflation and the GDP across the EU.
To ensure that the de minimis Regulation only concerns aid that does not
distort the competition or the trade in the single market, it is important to
the Danish Government that the threshold is not increased unnecessarily.
 ERU, Alm.del - 2022-23 (2. samling) - Bilag 13: Notat vedr. høringssvar til Kommissionens offentlige høring om minimisforordningen, fra erhvervsministeren
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According to EuroStat, the inflation in the EU has been approx. 38 percent
since the adoption of the current threshold of 200.000 euro in 2006. This
means that an increase of the threshold to 275.000 euro would be in line
with the economic development.
Based on the above, the Danish Government can support an increase of the
de minimis threshold to 275.000 euro (or 137.500 euro for undertakings
performing road freight transport for hire or reward) as well as the increases
of the aid thresholds for loans and guarantees.
2. Mandatory public register
To comply with the current de minimis Regulation the Danish authorities
obtains a declaration about other de minimis aid covered by the de minimis
rules prior to granting aid under the regulation. We take note that this is
still a requirement according to the
Commission’s proposal to adjust the
de
minimis Regulation. This means that a mandatory public register will be an
add-on to the current monitoring requirements under the de minimis Reg-
ulation.
The Danish Government agrees that a public register will help in particular
larger undertakings that are part of a group and granting authorities to check
if thresholds in the regulation has been reached. The Danish Government
finds that this increases transparency and reduces the risk of granting un-
lawful aid. However, the introduction of a register of grants that the Com-
mission does not define as state aid should only be done if strictly neces-
sary.
We note that an introduction of a mandatory register at either Union or
national level imposes an additional step in relation to the administration
of de minimis aid. A larger administrative burden on the granting authori-
ties to keep a register must be proportionate and must not compromise the
possibility to use the de minimis regulation as a means to grant small aid
amounts in a fast and flexible way. In this regard, it is important to note
that it can be difficult to administrate registration in a public register if the
definition of undertaking is defined too broadly.
Therefore, the Danish Government finds that the exact scope of the obliga-
tion to register de minimis should be determined in proportionate way tak-
ing into account the regulation is intended to be a flexible way to grant
small amounts of aid.
 ERU, Alm.del - 2022-23 (2. samling) - Bilag 13: Notat vedr. høringssvar til Kommissionens offentlige høring om minimisforordningen, fra erhvervsministeren
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The Danish Government will not oppose an introduction of a mandatory
public register for de minimis aid. However, it is important that the Com-
mission provides sufficient technical guidance and preferable introduces
the public register at Union level in an already known set up. This could
effectively be done by an add-on to the already existing Transparency
Award Module.
3. Prolongation of the transition period
According to article 6(2) of the draft regulation, the central register shall be
set up
within
6 months after the entry into force of the regulation.
The Danish Government finds that the transition period should be
12
months
after the entry into force of the regulation in order to ensure enough
time to set up a well-functioning register and inform relevant authorities
about the new obligation to register aid granted under the De minimis Reg-
ulation.