Erhvervsudvalget 2022-23 (2. samling)
ERU Alm.del Bilag 183
Offentligt
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NOTE
10. maj 2023
2023 - 5786
miy
Feedback regarding the draft SGEI de minimis Regulation
The Danish Government appreciates the possibility to respond to the
Commission’s public hearing regarding the proposed revision of the SGEI
de minimis Regulation.
The Danish Government finds that the SGEI de minimis Regulation is a
well-functioning regulation which facilitates granting of smaller compen-
sation amounts in a fast and flexible way.
We recognize that the economic development, i.e. the inflation since the
SGEI de minimis ceiling was determined in 2012, necessitates an increase
of the aid ceiling. Furthermore, we welcome the alignment of concepts
with the general de minimis Regulation.
Finally, 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 SGEI de minimis threshold was adopted in 2012. Since then,
there has been a change in both inflation and the GDP across the EU. To
ensure that the SGEI de minimis Regulation only concerns compensation
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.
According to EuroStat, the inflation in the EU has been approx. 28,5 per-
cent since the adoption of the current threshold of 500.000 euro in 2012.
This means that an increase of the threshold to 650.000 euro would be in
line with the economic development.
Based on the above, the Danish Government can support an increase of
the SGEI de minimis threshold to 650.000 euro as well as the increases of
the aid thresholds for loans and guarantees.
2.
Mandatory public register
To comply with the current SGEI de minimis Regulation the Danish au-
thorities obtains a declaration about other SGEI de minimis aid prior to
 ERU, Alm.del - 2022-23 (2. samling) - Bilag 183: Notat samt høringssvar vedr. de minimisstøtte til virksomheder, der udfører tjenesteydelser af almindelig økonomisk interesse, fra erhvervsministeren
2/2
granting aid under the regulation. We take note that this is still a require-
ment according to the Commission’s proposal to adjust the
SGEI de mini-
mis Regulation. This means that a mandatory public register will be an
add-on to the current monitoring requirements under the SGEI de minimis
Regulation.
The Danish Government agrees that a public register will help in particu-
lar larger undertakings that are part of a group and granting authorities to
check if thresholds in the regulation has been reached. The Danish Gov-
ernment finds that this increases transparency and reduces the risk of
granting unlawful aid. However, the introduction of a register of grants
that the Commission formally does not define as state aid should only be
done if strictly necessary.
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 SGEI de minimis compensation. A larger administrative burden on the
granting authorities 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 im-
portant to note that it can be difficult to administrate registration in a pub-
lic register if the definition of undertaking is defined too broadly.
Therefore, the Danish Government finds that the exact scope of the obli-
gation to register compensation under the SGEI de minimis Regulation
should be determined in proportionate way taking into account that the
regulation is intended to be a flexible way to grant smaller amounts of aid
in the form of compensation.
The Danish Government will not oppose an introduction of a mandatory
public register for SGEI de minimis compensation. However, it is im-
portant that the Commission 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(4) 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 SGEI de minimis
Regulation.