COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Reform of the EU State Aid Rules on Services of General Economic Interest
Date: 2011-03-23
Institutions: European Commission
Subjects: State aid, competition law, drafting of EU law, financial equalisation

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EUROPEAN COMMISSION 

Brussels, 23.3.2011 
COM(2011) 146 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Reform of the EU State Aid Rules on Services of General Economic Interest 

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1. 

INTRODUCTION 

The  purpose  of  this  Communication  is  to  launch  the  political  debate  with  stakeholders  and 
other institutions on the upcoming revision of the State aid Package on Services of General 
Economic Interest (SGEI) (also known as post-Altmark Package). 

The Package includes a series of measures adopted in 2005, in particular the SGEI Decision1 
and  the  SGEI  Framework2,  in  which  the  Commission  has  clarified  the  application  of  the 
Treaty articles on State aid, i.e. Articles 106 and 107 TFEU, to compensation for SGEI. 

The SGEI Framework expires in November 2011, and both the Framework and the Decision 
prescribe an evaluation of the rules based on a wide consultation. The Commission began this 
review  process  already  in  2008.  In  parallel  with  this  Communication,  the  Commission 
services are publishing a Report describing the Commission's practice under the current rules 
and the main issues arising out of the consultation. 

The  review  of  the  Package  must  be  seen  in  the  context  of  the  Commission's  wider  policy 
objectives  in  the  area  of  public  services.  In  its  Communication  “Towards  a  Single  Market 
Act”3, the Commission undertook (proposal n° 25) to adopt, by 2011, a Communication and a 
series  of  measures  on  services  of  general  interest,  underlining  that  the  EU  and  its  Member 
States must ensure that public services are easier to operate at the appropriate level, adhere to 
clear financing rules, are of the highest quality and actually accessible to all. 

2. 

PUBLIC SERVICES IN THE EU "ARCHITECTURE" 

Public Services (generally identified in the Treaties as SGEI) occupy a vital role in the shared 
values  of  the  Union4.  They  promote  social  and  territorial  cohesion,  foster  the  well-being  of 
people across the EU and make an important contribution to Europe's economic development. 
They  range  from  large  commercial  services  (network  industries  such  as  postal  services, 
energy  supply,  electronic  communication  services  or  public  transport  services)  to  a  wide 
range of health and social services5 (e.g. care services for elderly and disabled persons). 

The Lisbon Treaty recognises the essential role of public services and, at the same time, their 
diversity  in  the  European  model  of  society.  This  twin  approach  is  reflected  in  the  new 
Protocol  26  to  the  Treaties,  according  to  which  the  shared  values  of  the  Union  include,  in 
particular,  

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Commission decision (EC) No 842/2005 of 28 November 2005 on the application of Article 86(2) of 
the EC Treaty 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 312 of 29.11.2005, p. 67. 
Community  framework  for  State  aid  in  the  form  of  public  service  compensation,  OJ  C  297  of 
29.11.2005, p. 4. 
Communication  From  the  Commission  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions,  Towards  a  Single  Market  Act  -  For  a  highly 
competitive social market economy, 50 proposals for improving our work, business and exchanges with 
one another, COM(2010) 608 final/2 of 11 November 2010. 
Article 1 of Protocol 26 to the Treaties. 
For  a  description  of  social  services  of  general  interest  see  the  Commission  Communication 
Implementing  the  Community  Lisbon programme: Social services  of  general  interest  in  the  European 
Union, (COM(2006) 177 final of 26 April 2006). 

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a  high  level  of  quality,  safety  and  affordability,  equal  treatment  and  the  promotion  of 
universal access and of user rights 

as well as 

the  wide  discretion  of  national,  regional  and  local  authorities  in  providing,  commissioning 
and organising [SGEIs].  

Indeed, Article 14 TFEU mandates both the Union and the Member States, each within their 
respective powers and competences, to  

take  care  that  such  services  operate  on  the  basis  of  principles  and  conditions,  particularly 
economic and financial conditions, which enable them to fulfil their missions,  

and also provides a new legal basis for the European Parliament and the Council to adopt, on 
the  basis  of  a  proposal  by  the  Commission,  regulations  establishing  the  principles  and 
conditions referred to. 

It must be noted in this context that the provisions of Article 14 TFEU are without prejudice 
to  the  application  of  competition  rules  to  SGEI6.  In  particular,  under  Articles  106  and  107 
TFEU,  the  compensation  granted  by  public  authorities  for  the  performance  of  a  SGEI  is 
subject to State aid scrutiny, unless the four cumulative conditions laid down by the Court of 
Justice in its Altmark judgment are fulfilled7. The purpose of this Communication is to deal 
only  with  the  reform  of  the  State  aid  rules  in  relation  to  SGEI  that  the  Commission  has 
adopted pursuant to Articles 106 and 107. 

EU competition rules do not apply to all services of general interest (SGI), but only to those 
that  are  “economic”  in  nature,  i.e.  to  SGEI.  Also  social  services  of  general  interest  (SSGI), 
which can be both economic and non-economic in nature, are only subject to EU competition 
law where they are indeed economic8. Moreover, according to Article 2 of Protocol 26, 

[t]he provisions of the Treaties do not affect in any way the competence of Member States to 
provide, commission and organise non-economic services of general interest. 

Activities which are not regarded as economic for the purposes of the competition rules are, 
for instance, air navigation safety9 or anti-pollution surveillance10 because these activities are 
linked  to  the  exercise  of  State  prerogatives  and  to  the  fulfilment  of  State  responsibility 

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More precisely, Article 14 TFEU is "Without prejudice to …. Articles 93, 106, and 107…". It therefore 
confirms  the  application  in  the  context  of  SGEI  of  these  provisions  and  the  measures  that  have  been 
adopted on the basis thereof. 
See below chapter 2. 
In  the  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions Accompanying the Communication 
on "A single market for 21st century Europe" Services of general interest, including social services of 
general interest: a new European commitment (COM(2007) 725 final), the Commission stated: "Non-
economic services: these services, for instance traditional state prerogatives such as police, justice and 
statutory social security schemes are not subject to specific EU legislation, nor are they covered by the 
internal market and competition rules of the Treaty. Some aspects of the organisation of these services 
may be subject to other rules of the Treaty, such as the principle of non-discrimination".  
Case C-364/92 SAT Fluggesellschaft [1994] ECR I-43. 
Case C-343/95 Diego Calì & Figli [1997] ECR I-1547. 

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towards the population11.  Similarly,  the management of  compulsory social security schemes 
pursuing  an  exclusively  social  objective  is  not  considered  an  economic  activity  for  the 
purposes of competition rules.12 

Providers  of  SGEIs  are  also  only  subject  to  competition  rules,  in  general,  and  to  State  aid 
rules in particular, insofar as the application of those rules does not obstruct the fulfilment of 
their tasks. Indeed Article 106(2) TFUE provides that  

undertakings entrusted with the operation of services of general economic interest or having 
the character of a revenue-producing monopoly shall be subject to the rules contained in the 
Treaties, in particular to the rules on competition, in so far as the application of such rules 
does not obstruct the performance, in law or in fact, of the particular tasks assigned to them. 

3. 

FUNDING OF PUBLIC SERVICES AND STATE AID CONTROL 

An  important  aspect  in  the  provision  of  public  services  is  the  compensation  that  public 
authorities may need to grant the providers for the performance of these tasks. The importance 
of this aspect has been underlined by the economic and financial crisis. The crisis has not only 
affected many people across the EU and made them more dependent on high quality public 
services.  It  has  also,  due  to  the  efforts  currently  underway  in  many  EU  Member  States  to 
reduce  public  budget  deficits,  lead  to  a  stronger  focus  on  the  economic  efficiency  of  public 
spending and the need to boost productivity across the board. 

Article 106 TFEU reserves to the Commission the task of controlling the conformity of such 
compensation with competition rules.  

But not all State funding for public services which have an economic nature is to be regarded 
as State aid. According to the ruling of the Court of Justice in the Altmark case13, there is no 

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The chart below merely illustrates the different concepts and does not seek to represent the respective 
size of the economic and non-economic sectors. 
Case C-159/91 Poucet et Pistre [1993] ECR I-637; Case C-218/00 Cisal and INAIL [2002] ECR I-691, 
paragraphs  43-48;  Joined  Cases  C-264/01,  C-306/01,  C-354/01  and  C-355/01  AOK Bundesverband 
[2004]  ECR  I-2493,  paragraphs  51-55.  It  is  required  that  the  scheme  functions  according  to  the 
principle  of  solidarity,  offering  insurance  benefits  independently  of  contributions.  The  Court  has 
however considered that other Treaty provisions (e.g. internal market rules) may be applicable, see case 
C-350/07 Kattner [2009] ECR I-1513. 
Case C-280/00 Altmark Trans GmbH and Regierungspräsidium Magdeburg v Nahverkehrsgesellschaft 
Altmark GmbH [2003] ECR p. I-7747. 

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State aid where (1) the public service obligations are clearly defined; (2) the parameters used 
to  calculate  the  compensation  are  established  in  an  objective  and  transparent  manner;  (3) 
compensation  for  the  public  service  merely  covers  costs  and  a  reasonable  profit;  and  (4) 
where the undertaking is chosen by a public procurement procedure allowing for the selection 
of the tenderer capable of providing those services at the least cost to the community, or the 
compensation is determined on the basis of an analysis of the costs of an average “well-run” 
undertaking in the sector concerned. If any one of these cumulative conditions is not met, then 
the State intervention may be regarded as State aid and in principle has to be notified to and 
assessed by the European Commission.  

As mentioned, the legal basis for State aid control of SGEI compensation lies in Articles 106 
and 107 TFEU14. The Package, in particular the SGEI Decision and the SGEI Framework, has 
clarified the application of State aid rules to SGEIs. Whilst the SGEI Decision specifies the 
conditions  under  which  compensation  to  companies  for  the  provision  of  public  service 
obligations  is  considered  compatible  with  the  State  aid  rules  and  is  exempted  from 
notification  to  the  Commission,  the  SGEI  Framework  defines  the  conditions  under  which 
compensation not covered by the Decision can be approved by the Commission. 

Since their entry into force in 2005, the SGEI Decision and the SGEI Framework have been 
the most important basis for the Commission's assessment of a large number of SGEI related 
State  aid  cases.  In  addition  to  the  SGEI  Decision  and  the  SGEI  Framework,  a  number  of 
sector-specific State aid rules have been put in place15. 

The  revision  of  the  Package  is  part  of  the  Commission's  Work  Programme  for  201116.  The 
revision was also mentioned in President Barroso's letter accompanying his State of the Union 
address to the European Parliament17. 

4. 

THE REVIEW OF THE SGEI STATE AID RULES 

The overall objective of the reform of the State aid rules for SGEI is to boost the contribution 
that  SGEI  can  make  to  the  wider  EU  economic  recovery.  Member  States  need,  in  fact,  to 
guarantee  certain  services  at  affordable  conditions  to  the  general  population  (e.g.  hospitals, 
education, social services, but also communications, energy or transport). National, regional 
and local authorities are responsible and enjoy a large discretion in providing, commissioning 
and organising SGEI. At the same time, however, an efficient allocation of public resources 
for SGEI is key to ensuring the competitiveness of the EU and economic cohesion between 
the  Member  States.  Efficient  and  high  quality  public  services  support  and  underpin  growth 
and jobs across the EU. Social services, in particular, also help to mitigate the social impact of 
the crisis. 

4.1. 

The result of the consultation 

In  line  with  the  requirements  of  Article  9  of  the  SGEI  Decision  and  point  25  of  the  SGEI 
Framework, the Commission has conducted a wide consultation and has obtained input from 

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Article 14 TFEU applies without prejudice to these provisions. 
See the Annex to this Communication. 
Annex  1  of  Commission  Communication  COM(2010)  623,  Commission  Work  Programme  2011, 
27.10.2010, p. 4. 
Press Release Memo/10/393, Letter by President Barroso to the Members of the European Parliament, 
07.09.2010. 

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Member States and other stakeholders on the practical application of the State aid rules in this 
field: 

•  In 2008 and 2009 the Commission asked Member States to report on the application of the 
current  Package.  As  a  result  of  these  reports,  it  appears  that  Member  States  generally 
welcome  the  Package  and  the  legal  certainty  it  has  brought.  Instead  of  advocating  a 
complete  overhaul  of  the  Package,  most  Member  States  consider  that  some  of  the 
provisions of the Package should be revised to facilitate compliance with the State aid rules 
at different levels of the national administration. 

•  In 2010, the Commission launched a public consultation on the application of the current 
Package. This consultation generated interest from a wide range of organisations. Overall, 
the Commission has received more than 100 responses. The opinions expressed of course 
differ significantly depending on the nature and activity of the organisation concerned. But 
the general tone of the submissions is broadly in line with that of the above Member State 
reports. 

In  parallel  with  this  Communication,  the  Commission  services  are  publishing  a  Report 
describing the Commission's practice under the current rules and the main issues arising out 
of the consultation. 

Overall,  the  consultation  process  has  confirmed  that  the  existing  legal  instruments  were  a 
necessary  and  appropriate  response  in  the  light  of  the  Altmark  ruling.  Since  their  entry  into 
force, they have been applied to a large number of State aid cases. The consultation has also 
shown that, in certain areas, e.g. in the social services sector, the Package has not always been 
implemented  as  foreseen.  This  might  be  due  to  a  lack  of  awareness  on  the  side  of  the 
authorities concerned as well as to the complexity of the existing Package. 

Many stakeholders feel that the existing legal instruments have made a positive contribution 
to the overall objective of legal certainty. However, the consultation also showed that there is 
scope for improvement. In particular, there is a need for clearer, simpler, more proportionate 
and  more  effective  instruments  to  ensure  an  easier  application  of  the  rules  and  hence  to 
promote a more efficient delivery of high quality SGEIs to the benefit of people living in the 
EU. 

4.2. 

The key principles for reform  

To achieve these goals, the Commission is considering  basing  the upcoming reform on two 
key principles: 

•  Clarification:  where  possible,  the  Commission  is  evaluating  the  possibility  of  providing 
additional clarity on a number of key concepts relevant for the application of the State aid 
rules  to  SGEI,  including  the  scope  of  those  rules  and  the  conditions  for  the  approval  of 
SGEI aid by the Commission18; 

•  Diversified and proportionate approach: the Commission is also exploring ways to offer a 
more diversified and proportionate response to the different types of SGEI. It aims to make 
the degree of State aid scrutiny dependent on the nature and scope of the services provided. 
One  element  of  this  strategy  could  be  to  simplify  the  application  of  the  rules  for  certain 

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See section 4.2 below. 

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types  of  small-scale  public  services  of  a  local  nature  with  a  limited  impact  on  trade 
between  Member  States  and  for  certain  types  of  social  services.  At  the  same  time,  the 
Commission could take greater account of efficiency and competition considerations in the 
treatment of large scale commercial services with a clear EU-wide dimension19 

As a result, the reform will aim at ensuring a clear, simple and effective legal framework so as 
to  make  compliance  easier  for  national,  regional  and  local  authorities,  and  at  promoting  the 
efficient delivery of SGEI fostering a smart, sustainable and inclusive economy. 

The reform will be fully in line with the overall objective of EU State aid control, which is to 
ensure  that  Member  States  only  implement  State  aid  that  contributes  to  an  objective  of 
common  interest  ,  is  well  designed  and  proportionate  and  does  not  distort  competition  and 
trade between Member States. 

4.2.1.  Clarification 

The  Commission  services  have  in  various  ways  attempted  to  clarify  the  State  aid  rules  for 
SGEIs. As mentioned above, the Commission services published in 2007 a Frequently Asked 
Questions  document.  Moreover,  in  2008,  the  Commission  services  launched  the  Interactive 
Information Service (IIS) for interested stakeholders who wish to post relevant questions on 
the SGEI rules directly online and to obtain a response from the responsible service inside the 
Commission.  

The  knowledge  and  experience  gained  through  the  IIS  and  through  the  Commission's  case 
practice has been made available in late 2010 through an update of the 2007 Frequently Asked 
Questions  (FAQs).20  This  updated  Guide  comprises  more  than  100  questions  on  many 
different  topics  related  to  SGEI.  It  provides  additional  clarity  on  a  number  of  key  concepts 
relevant for the application of the State aid rules for SGEI, including the scope of those rules, 
the conditions for the approval of SGEI aid by the Commission and the relationship between 
State aid and public procurement rules. Many questions deal with the social services sector, as 
public  authorities  and  service  providers  in  this  sector  have  often  reported  difficulties  in 
applying the relevant EU rules. Stakeholders have not had the opportunity to comment on the 
Guide as part of the consultation of the reform of the Package. 

consultation  process  has  nevertheless  highlighted 

and 
The 
misunderstandings,  in  particular  about  the  key  concepts  underlying  the  State  aid  rules  for 
SGEI, may be among the reasons why the rules are sometimes applied incorrectly. The quest 
for more clarity goes beyond the provisions of the Package and also relates to the nature of the 
activity  and  the  question  whether  a  measure  falls  under  Article  107  TFEU  at  all.  Issues  on 
which stakeholders have asked for more clarity and on which the Commission is considering 
to provide further guidance include inter alia: 

that  uncertainties 

•  The  distinction  between  economic  and  non-economic  activities  under  State  aid  rules  and 

the qualification of certain entities as undertakings; 

•  The limits Member States have under State aid rules when defining an economic activity as 

an SGEI; 

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See section 4.3 below. 
SEC(2010) 1545 final of 7 December 2010. 

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•  The conditions under which compensation for certain SGEI provided at local level affects 

trade between Member States, thereby falling within the scope of State aid rules; 

•  The requirements which public authorities have to follow under State aid rules when they 

entrust an undertaking with the performance of an SGEI; 

•  The conditions under which compensation for SGEI does not involve State aid because the 
tender selects the provider at the least cost for the community or because the price charged 
is in line with that of an efficient and "well-run" undertaking;  

•  How to increase convergence between the application of State aid and public procurement 

rules; and 

•  The interplay between the rules of the Package and other sector specific SGEI rules. 

Some of the issues mentioned derive directly from primary EU law as interpreted by the Court 
of  Justice  (see  for  instance  the  distinction  between  economic  and  non  economic  activities). 
The  Commission's  role  in  this  respect  is  limited  to  providing  clarification  as  to  how  it 
understands and applies the  provisions of  the  Treaties. Within  these limits,  the  Commission 
will  evaluate  the  need  for  further  clarification  on  the  key  concepts  relating  to  the  State  aid 
rules for SGEI with a view to facilitating the correct application of these rules. 

In addition, the Commission will discuss with Member States how to provide further practical 
clarification on the ground to the benefit of local actors and stakeholders. 

4.2.2.  Diversified and Proportionate Approach 

The current Package applies in a more or less uniform way to a very wide range of economic 
sectors  and  actors.  The  Commission  intends,  in  the  context  of  the  upcoming  reform,  to 
distinguish more clearly between different types of services depending on the extent to which 
State aid in these economic sectors poses a serious risk of creating distortions of competition 
in the internal market.  

4.2.2.1.  Simplification  

Many public services organised by local communities are of a relatively limited scale and thus 
only  have  a  minor  impact  on  trade  between  Member  States.  Also  certain  types  of  social 
services  present  a  series  of  particularities  as  regards  their  financing  structure  and  their 
objectives.  One  way  of  adopting  a  more  diversified  approach  could  thus  be  to  simplify  the 
application of the State aid rules for these types of services. The Commission will generally 
seek  to  ensure  that  the  administrative  burden  put  on  the  public  authorities  concerned  is 
proportionate to the impact that the measure has on competition in the internal market. In this 
context, the Commission will assess under which conditions and circumstances certain aides 
can be regarded as de  minimis,  21 for which types of services and under what conditions an 
individual State aid notification is required, and whether the thresholds which determine the 
application of the current SGEI Decision should be modified.  

21 

Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 
88 of the Treaty to de minimis aid, Official Journal L 379 of 28.12.2006. 

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4.2.2.2.  Efficiency  of  Large-Scale  Commercial  Services  entrusted  with  public  Service 

Obligations 

Whilst  the  Commission  is  determined  to  facilitate  the  application  of  the  Package  where 
justified,  it  will  also  seek  to  ensure  high  quality  public  services  and  efficient  allocation  of 
State resources, thus avoiding distortions of competition in the internal market as effectively 
as possible, as one of the key objective of the reform of the Package. 

The Commission considers that the risk of distortions of competition in the internal market is 
particularly high in sectors characterised by large scale commercial activity with a clear EU-
wide dimension where operators may be entrusted with public service obligations. In some of 
the  relevant  sectors,  such  as  transport,  telecoms,  energy  supply  and  post,  this  risk  is  also 
addressed  in  sector  specific  rules22.  These  sectoral  rules  either  apply  instead  of  the  general 
SGEI Decision and SGEI Framework (e.g. transport) or in conjunction with it (e.g. post). 

Under  the  current  Package,  compensation  granted  for  the  provision  of  SGEI  can  cover  the 
costs incurred by the provider and a reasonable profit margin23. The current Package does not, 
however, take into account how the costs incurred by the provider of SGEI compare to those 
of a well-run undertaking. Some of the costs compensated by Member States to providers may 
thus be generated by low efficiency levels. Such a situation tends to distort the functioning of 
markets  and  may  ultimately  harm  service  quality  and  efficient  delivery.  In  addition,  it  is 
misaligned  with  the  general  public  policy  objective  of  efficiency  in  public  spending  and 
correct resource allocation. 

In  the  framework  of  the  current  review,  the  Commission  is  therefore  considering  to  what 
extent  greater  account  of  both  efficiency  and  quality  should  be  taken  when  deciding  on  the 
approval of State aid measures in relation to SGEI. This could also include measures aimed at 
achieving  appropriate  transparency  in  relation  to  public  expenditure  for  SGEI  or  to  the 
identification  and  definition  of  SGEI obligations (while respecting the Member States' wide 
discretion in this respect), as well as measures aimed at taking into account efficiency over the 
life of an entrustment with the provision of an SGEI.  

5. 

NEXT STEPS 

Consultation  of  the  European  Parliament,  the  Council,  the  European  Economic  and  Social 
Committee,  the  Committee  of  the  Regions  and  Member  States  as  well  as  stakeholders  on 
drafts of the new SGEI Decision and SGEI Framework is currently envisaged by July 2011. 

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Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on 
public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 
1191/69  and  1107/70,  OJ  L  315,  3.12.2007,  p.  1;  Regulation  (EC)  No  1008/2008  of  the  European 
Parliament and of the Council of 24 September 2008 on common rules for the operation of air services 
in the Community, OJ L 293, 31.10.2008, p. 3; Directive 2008/6/EC of the European Parliament and of 
the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment 
of the internal market of Community postal services, OJ L 52, 27.2.2008, p. 3; Directive 2002/22/EC of 
the  European  Parliament  and  of  the  Council  of  7  March  2002  on  universal  service  and  users'  rights 
relating to electronic communications networks and services. 
See article 5 of the SGEI Decision and section 2.4 of the SGEI Framework. 

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ANNEX - Legal Instruments Applicable to SGEI by Sector  

2005 Framework 

2005 Decision 

Sectoral State 
Aid 
Communications 
containing SGEI 
provisions 

Relevant Sectoral 
Legislation 
containing SGEI 
provisions 

Land Transport 

Not applicable 
because under art. 
93 TFEU 

Not applicable 
because under 
art. 93 TFEU 

Guidelines on 
railway 
undertakings24 

Air Transport 

Not applicable 

Applicable26 

Maritime Transport 

Not applicable 

Applicable31 

Guidelines on air 
transport27 

State Aids in the 
aviation sector28 

Communication 
on ship 
management 
companies32 

Communication 
on motorways of 
the sea33 

Communication 
on maritime 
transport34 

Regulation on 
public passenger 
transport services by 
rail and by road 25 

Regulation on the 
operation of air 
services29  

Ground-handling 
directive30 

Cabotage 
Regulation35 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

Commission  Communication  C(2008)  184,  Community  guidelines  on  State  Aid  for  railway 
undertakings, OJ C 184 of 22.7.2008, pp. 13-31. 
Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on 
public passenger transport services by rail and by road, OJ L 315 of 3.12.2007, p 1-13. This Regulation 
allows  and  exempts  from  notification  compensation  granted  in  accordance  with  a  number  of 
requirements, which usually include a tendering obligation. 
SGEI providers in this sector can benefit from the exemption if they meet either the general thresholds 
(EUR  100m  turnover,  or  EUR  30m  compensation)  or  specific  thresholds  based  on  the  number  of 
passengers. 
Communication  from  the  Commission  of  9  December  2005,  Community  guidelines  on  financing  of 
airports and start-up aid to airlines departing from regional airports, OJ C 312 of 9.12.2005, p. 1. 
Application of Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement to State Aids 
in the aviation sector, OJ C 350 of 10.12.1994, p. 5-20. 
Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 
on common rules for the operation of air services in the Community, OJ L 293 of 31.10.2008, p. 3-18. 
Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community 
airports; OJ L 272 , 25/10/1996, p. 36. 
SGEI providers in this sector can benefit from the exemption if they meet either the general thresholds 
(EUR  100m  turnover  and  EUR  30m  compensation)  or  specific  thresholds  based  on  the  number  of 
passengers. 
Communication from the Commission providing guidance on State aid to ship management companies, 
OJ C 132 of 11.6.2009, p. 6. 
Communication from the Commission providing guidance on State aid complementary to Community 
funding for the launching of the motorways of the sea, OJ C 317 of 12.12.2008, p. 10. 

EN 

10 

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Broadcasting 

Not applicable, 
but principles of 
sectoral 
Communication36 
are similar 

Applicable to 
the extent that 
the conditions 
provided in 
Article 2(1)(a) 
of the Decision 
are met37 

Telecoms 
Broadband 

incl. 

Applicable, 
together with 
guidelines 

Applicable 

Communication 
on public service 
broadcasting38 

Guidelines for 
rapid deployment 
of broadband 
networks39 

Post 

Applicable42 

Applicable, but 
generally not 
relevant due to 
thresholds 

Energy 

Applicable 

Applicable 

Framework 
Directive40, 

Universal Service 
Directive41 

3rd Postal directive 
(from 2011 
onwards)43 

Third Energy 
Package including:  

Electricity market 
directive44 

Natural gas market 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

Communication  from  the  Commission  C(2004)  43,  Community  guidelines  on  State  aid  to  maritime 
transport, OJ C 13 of 17.1.2004, p.3. 
Council Regulation EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide 
services to maritime transport within Member States (maritime cabotage), OJ L 364, 12.12.1992, pp. 7–
10.  
Communication  from  the  Commission  on  the  application  of  State  aid  rules  to  public  service 
broadcasting,  OJ  C  257,  27.10.2009,  p.  1–14.This  Communication  explains  how  the  Commission 
applies the basic principles contained in the Protocol No. 29 on the system of public broadcasting in the 
Member States annexed to the TEU and to the TFEU 
As stipulated in para. 19 of the Communication on the application of State aid rules to public service 
broadcasting, OJ C 257, 27.10.2009, p. 4.  
Communication  from  the  Commission  on  the  application  of  State  aid  rules  to  public  service 
broadcasting, OJ C 257 of 27.10.2009, p. 1; Communication from the Commission on the application of 
State aid rules to public service broadcasting, OJ C 320 of 15.11.2001, p. 5. 
Communication from the Commission, Community Guidelines for the application of State aid rules in 
relation to rapid deployment of broadband networks, OJ C 235 of 30.9.2009, p. 7. 
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common 
regulatory framework for electronic communications networks and services, OJ L 108, 24.04.2002, pp. 
33-50 
Directive  2002/22/EC  of  the  European  Parliament  and  of  the  Council  of  7  March  2002  on  universal 
service  and  users'  rights  relating  to  electronic  communications  networks  and  services,  OJ  L  108, 
24.04.2002, p. 51-77 
To  be  noted  that  pursuant  to  point  4  of  the  SGEI  Framework,  stricter  rules  contained  in  the  sectoral 
Directives (which come into force in 2011) are to be respected.  
Directive  2008/6/EC  of  the  European  Parliament  and  of  the  Council  of  20  February  2008  amending 
Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal 
services, OJ L 52 of 27.2.2008, p. 3. 
Directive  2009/72/EC  of  the  European  Parliament  and  of  the  Council  of  13  July  2009  concerning 
common  rules  for  the  internal  market  in  electricity  and  repealing  Directive  2003/54/EC,  OJ  L 211 of 
14.8.2009, p. 55. 

EN 

11 

   EN 

 
 
 
                                                                                                                                                         
directive45 

Health 

Applicable 

Social Housing 

Applicable 

Applicable for 
hospitals 
irrespective of 
thresholds46 

Applicable 
irrespective of 
thresholds47 

Social Care 

Applicable 

Applicable 

45 

46 
47 

Directive  2009/73/EC  of  the  European  Parliament  and  of  the  Council  of  13  July  2009  concerning 
common rules for the internal market in natural gas and repealing Directive 2003/55/EC, OJ L 211 of 
14.8.2009, p. 94. 
Article 2(b) of the SGEI Decision. 
Article 2(b) of the SGEI Decision 

EN 

12 

   EN