On 1st December 2022, the Commission published the results of the evaluation launched in June 2019 for state aid rules applicable to Services of General Economic Interest (SGEI) in the field of social and health services as well as for small amounts of aid to SGEI benefiting from the de minimis regime.
The objective of the evaluation of this type of aid, which may for example concern hospitals or social housing, was threefold to : (i) assess whether the 2012 rules have achieved their objectives, (ii) verify whether these rules are still appropriate in the light of developments in the sectors concerned and the case law of the Court of Justice, and (iii) report on the problems that Member States have encountered in applying the rules.
In particular, the results show that clarifications are needed regarding certain state aid concepts such as "economic and non-economic activity", "effect on trade between Member States", "reasonable profit" and "market failure". In addition, a reduction of the administrative burden on Member States granting compensation to an undertaking providing SGEIs would be welcome.
The evaluation also concludes that it may be necessary to increase the de minimis ceiling for SGEIs, a change which the Commission has already proposed.
The Commission must now decide how to make these adjustments and will shortly launch a call for evidence from stakeholders.
For further information : Press release