C 228/156
EN
Official Journal of the European Union
29.6.2023
1.5.
The EESC also recommends that, in addition to the modification of the maximum de minimis thresholds, some clarifications be put forward with regard to: (i) a more extensive definition of ‘social housing’; (ii) a better definition of the ‘reasonable profit margin’ concept, considering a distinction for the social economy enterprises whose economic margins are linked to a social purpose; (iii) the concept of ‘market failure’.
1.6.
With regard to the concept of ‘reasonable profit margin’, the EESC observes that it would be useful if the Commission could identify criteria and indicators able to correlate the profit margin to be allowed in favour of economic operators in line with their ability to pursue purposes of general interest, thereby creating positive social impacts.
2.
General comments 2.1.
With the staff working document Evaluation of the State subsidy rules for health and social services of general economic interest and of the SGEI de minimis Regulation, the Commission summarises the results of its evaluation of the Almunia Package, in force since 2012.
2.2.
The main objectives of the 2012 package with regard to health and social services were: (i) simplifying the compatibility criteria; and (ii) reducing the administrative burden for Member States willing to compensate undertakings entrusted to provide SGEI to the vulnerable part of the population at fair and affordable conditions.
2.3.
The Commission evaluation, therefore, seeks to establish to what extent the rules applicable to health and social services have achieved their objectives and whether such rules are still appropriate in the current social and economic scenario.
2.4.
More specifically, the Commission evaluation assess the effectiveness, efficiency, coherence and EU added value of SGEI rules applied to health and social services in the last 10 years, focusing on understanding the concrete issues faced by Member States in implementing the SGEI rules so far.
The evaluation also seeks to gauge how the SGEI de minimis Regulation has been applied.
2.5.
The Commission analysis suggests that the 2012 SGEI Package is quite effective in terms of clarification and simplification, since it simplified the 2005 SGEI Package introducing, for instance, an SGEI-specific de minimis Regulation.
It also clarified and refined certain basic concepts relevant for the application of SGEI rules.
2.6.
However, the evaluation indicates that there is still room for improvement, in particular the clarification of certain key concepts related to the scope of application of both Article 107 TFEU and the SGEI-specific legal framework, such as: (i) economic/non-economic activity; (ii) effect on trade; (iii) reasonable profit; (iv) market failure; (v) social housing.
The evaluation also highlights the possibility of increasing the SGEI de minimis ceiling currently applicable and the widespread consensus among stakeholders in this respect.
2.7.
With regard to efficiency, the evaluation indicates that the SGEI de minimis Regulation and the modification of the SGEI Decision implemented in 2012 were able to reduce the administrative burden for public authorities, even though this burden might be further decreased.
Other evidence collected suggests that costs associated with the application of the requirements set by SGEI rules should be reduced.
2.8.
With regard to coherence, the evaluation suggests that the State aid rules enshrined in the 2012 SGEI Package are internally coherent and able to ensure a better division of tasks between Member States and the Commission, bringing about an EU added value largely acknowledged by both public and private stakeholders.
2.9.
In general terms, there is consensus that the 2012 SGEI Package managed to guarantee a stable legal environment for Member States and is appropriate to meet needs within the EU.
However, the impact and the uncertainties determined by both the COVID-19 crisis and Russia’s invasion of Ukraine could not be fully evaluated yet and some further improvements might be pursued in the future.