EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 1.12.2022  
SWD(2022) 389 final  
 
COMMISSION STAFF WORKING DOCUMENT  
 
EXECUTIVE SUMMARY OF THE EVALUATION  
 
Evaluation of the State subsidy rules for health and social services of general economic 
interest (“SGEIs”) and of the SGEI de minimis Regulation.  
 
 
{SWD(2022)  388 final}   
 
1 
 1. Background and objectives  
In 2012, a set of specific State aid rules for services of general economic interest (“SGEI”)  –  
known as  “the 2012 SGEI Package”  – entered into force . The 2012 SGEI  package consists of  
the SGEI Communication1; the SGEI Decision2; the SGEI Framework3; and  the SGEI de 
minimis  Regulation4. 
The 2012 SGEI Package aimed at clarifying basic concepts relevant for th e application of the 
State aid rules to SGEIs and adopting a more diversified and proportionate approach for a 
large variety of SGEIs, taking into account their nature and scope and the extent to which they 
posed a serious risk of competition distortions i n the internal market. In this regard, the 2012 
SGEI Package sought among others to simplify the rules for small SGEIs of a local nature and 
for social services.  
Launched i n June 2019,  the evaluation aims to verify to which extent the rules applicable to 
health and social services under the 2012 SGEI Package reached t he objectives of clarification 
and simplification and whether the rules are still appropriate, also in view of the latest 
jurisprudence of the  Union Courts and sectoral developments in the internal and global 
markets. The evaluation sought to analyse the effec tiveness, efficiency, coherence, EU-added 
value and relevance of the SGEI rules applicable to health and social services. The evaluation 
also sought to assess how the SGEI de minimis  Regulation has been applied. The Commission 
services collected evidence to understand how the rules have performed since the ir entry into 
force in 2012.  
2. Methodology  
The evaluation is based on data from a number of sources. The Commission services gathered 
views from stakeholders via an open public consultation and from  Member States  via a 
targeted consultation . An expert  study provided additional data  on healthcare and social 
housing . 
In addition, the evaluation also includes  the Commission  services’  own analysis , based on a 
number of elements such as existing studies, the Commission’s case practice, internal 
statistics and data from the SGEI reports submitted by the Member States every two years.  
3. Findings  
Effectiveness : The 2012 SGEI P ackage appears to be  effective. Indeed, the 2012 SGEI 
Package did allow for simplification , for instance, with the introduction of an SGEI -specific 
de minimis  Regulation. It also clarified certain basic concepts relevant for the application of 
                                                           
1  Communication from the Commission on the application of the European Union State aid rules to compensation granted  
for the provision of services of general economic interest, OJ C 8, 11.1.2012, p. 4.  
2  Commission Decision of 20  December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the 
European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the 
operation of services of general economic interest, OJ L 7, 11.1.2012, p. 3.  
3  Communication from the Commission – European Union framework for State aid in the form of public service  
compensation (2011), OJ C 8, 11.1.2012, p. 15.  
4  Commission Regulation (EU) No  360/2012 of 25  April 2012 on the application of Articles 107 and 108 of the Treaty on 
the Functioning of the European Union to de minimis aid granted to undertakings providing  services of general economic 
interest, OJ L 114, 26.4.2012, p. 8.  
 
2 
 the SGEI rules. However, the evaluation seems to indicate that there is still room for 
improvement, in  particular to clarify certain concepts such as economic/non -economic 
activity, effect on trade, reasonable profit, market failure  and social housing. Moreover, it 
appears that there may be a need to reconsider  the SGEI de minimis  ceiling and to align the 
SGEI de minimis Regulation  with the general de minimis  Regulation5.  
Efficiency : The SGEI de minimis  Regulation and the 2012 SGEI Decision appears to have 
had a positive impact on the reduction of the administrative burden. However, there still 
seems to be room for improvement to decrease this burden, in particular with regard to the 
monitoring of the SGEI de minimis  Regulation and transparency requirements. The evaluation 
also suggests that costs assoc iated with the application of the requirements set by the SGEI 
rules should be reduced.  
Coherence : The State aid rules that make up the 2012 SGEI Package  appear to be  internally 
coherent , although some potential inconsistencies with other rules  were identified , like for 
example with the Notice on the Notion of Aid6. In addition, the general and the SGEI -specific 
de minimis  Regulations were not fully aligned as regards the notion of “single undertaking”, 
the provisions on mergers and acquisitions, and the application of the  de minimis  rules to 
undertakings in difficulty.  
EU added value : Stakeholders  acknowledged the EU added value  of the SGEI rules subject to 
the evaluation  and there is an overall  agreement that the 2012 SGEI Package brought a better 
division of tasks between Member States and the Commission, although more methodological 
guidance from the Commission would be welcomed. Also, it results from  the evaluation that 
the 2012 SGEI Package manage d to provide  a stable legal environment for Member States.  
Relevance : The objectives of the 2012 SGEI Package, to a large extent, appear to be 
appropriate and correspond to today’s (EU internal) market situation . However, the potential 
impact and the uncertainties brought by the COVID -19 crisis and the Russian war of 
aggression against Ukraine cannot be fully evaluated yet. The evaluation also indicated  that 
further adaptations may be c onsidered to fully meet the  needs of stak eholders such as the 
recognition in the SGEI rules of operators active in the so -called “social economy” or the 
recognition of quality services.  
4. Conclusions  
The evaluation concludes  that the 2012 SGEI Package as regards health and social services is 
broadly fit for purpose. However, it also results from the evaluation that a further clarification 
of certain concepts  is desireable , either related to the notion of State aid (i.e. econom ic/non -
economic activity, effect on trade ) or regarding concepts linked to the SGEI rules (e.g. 
reasonable profit, market failure, etc.) ,. 
                                                           
5  Commission  Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the 
Treaty on the Functioning of the European Union to de minimis aid, OJ L 352,  24.12.2013, p. 1.  Please note that the 
Commission proposes to revise the general de minimis  threshold to adapt it to the current economic context and proposed 
to improve transparency requirements – these changes are currently subject to public consultation in the form of a draft 
general de minimis  Regulation (see https://competition -policy.ec.europa.eu/public -consultations/2022 -de-minimis_en ). 
6  Commission Notice on the notion of State aid as referred to in Article 107(1) of the Treaty on the Function ing of the 
European Union, OJ C 262, 19.7.2016, p. 1.  
 
3 
 In addition,  the evaluation also shows that an alignment of the SGEI  de minimis  Regulation 
with the general de minimis  Regulation and an adjustment  of the SGEI de minimis  ceiling  
could be further considered .