consultation.
Thank you for participating in this consultation.

About You
For your information, the Commission services do not intend to make any of the information and data
contributed to this targeted consultation publicly accessible. Answers received will be analysed by the
Commission services and the findings will serve as a basis for drawing conclusions on the evaluation of the
De minimis Regulation. For the general rules on personal data protection on the EUROPA website, please
see:
http://ec.europa.eu/geninfo/legal notices en.htm#personaldata.

I agree with the personal data protection provisions (see document in link below)
Protection_of_your_personal_data.pdf
* Which Member State of the EU or EEA do you represent?
Netherlands

Should you want, you can add further information on it.
250 character(s) maximum
This response reflects the views of the Dutch ‘Interdepartementaal Steun Overleg (ISO)’. The ISO is a
central State aid coordination body composed of all Dutch ministries and representatives of the regional and
local authorities.

* Do you agree that we may contact you in case of follow-up questions?

Yes
No
* Contact (First and last name, Organisation/Ministry)
Ministry of Economic Affairs and Climate Policy

* E-mail address

Questionnaire
Factual information
1. Have you granted aid under the De minimis Regulation? If so, please provide the
following information from the time that the De minimis Regulation entered into
force (2013), if possible:

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a. the total amount of de minimis aid granted (total amount, average amount per
undertaking);
3000 character(s) maximum

b. the number of beneficiaries, if possible including a breakdown for large, mediumsized and small undertakings;
3000 character(s) maximum

c. the sectors concerned;
3000 character(s) maximum
De-minimis aid is granted in a wide variety of sectors, except those which are excluded in the De minimis
Regulation or to which sectors specific rules apply.

d. the type of aid instruments used (e.g. direct grant, loan, guarantees, etc.) and if
possible the total amount of de minimis aid and the number of beneficiaries per
year for each instrument.
3000 character(s) maximum
Aid is often granted in the form of a direct grant (subsidy), but other aid instruments are used as well.

2. Have you conducted an assessment on the impact of the de minimis aid
granted? If so, please provide more information on that assessment and a
summary of the results.
3000 character(s) maximum
When granting aid, the desirability and necessity of the aid is taken into consideration.

General policy questions
3. What have been the main positive economic effects of aid granted under the De
minimis Regulation?
3000 character(s) maximum
The De minimis Regulation provides Member States a low key instrument to grant aid (more) easily and
makes it possible to start projects / economic activities faster, without distorting the competition in the
European internal market. Especially for economic activities which are not covered in a Block Exemption
Regulation, De minimis aid can be useful to stimulate economic activities effectively and thus promoting
growth and innovation.

Explain and give specific examples.
3000 character(s) maximum

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4. What have been the main negative economic effects of aid granted under the De
minimis Regulation?
3000 character(s) maximum
The current De minimis threshold limits granting authorities in their possibilities to stimulate economic
activities via De minimis aid that require a higher aid amount. The Dutch authorities are of the opinion that
there are no major negative economic effects of the De minimis Regulation. According to the Dutch
authorities the De minimis threshold can be (limited) increased without having a negative impact on
competition in the European internal market.

Explain and give specific examples.
3000 character(s) maximum

* Definitions

5. The Commission has introduced a simplified definition of ‘single undertaking’
based on an exhaustive list of criteria that determine when two or more companies
within the same Member State are to be considered as a single undertaking.
a. Have you encountered difficulties in applying the definition of ‘single
undertaking’?
Yes
No
I do not know
If yes, please explain why.
3000 character(s) maximum

*

b. Is the definition of ‘single undertaking’ adequate?
Yes
No
I do not know
If not, please explain why.
3000 character(s) maximum
To provide more legal certainty, the European Commission could clarify the definition of a single undertaking
by integrating jurisprudence of the Court of Justice of the EU (C-110/13 and C-53/17) in its practice and
translating the former jurisprudence in clear and specific criteria.

* Amounts and cumulation

6. Have you encountered difficulties in applying the three-year period to calculate
the amount under the de minimis ceiling?
Yes
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No
If yes, please explain why.
3000 character(s) maximum
The Dutch authorities suggest to explore whether it would be more sufficient and simple to determine the
three year period by reference to calendar years besides fiscal years.

* 7. Is the three-year period to calculate the amount under the de minimis ceiling

adequate?
Yes
No
I do not know
If not, please explain why.
3000 character(s) maximum

* 8. In the De minimis Regulation, the Commission considers that de minimis aid

does not constitute State aid within the meaning of Article 107(1) of the Treaty of
the Functioning of the European Union.
Is the amount of de minimis aid that can be granted still adequate given the impact
of the inflation in the EU internal market?
Yes
No
I do not know
If not, please explain why.
3000 character(s) maximum
The Dutch authorities endorse the essence and objectives of the De minimis Regulation. According to the
Dutch authorities the De minimis threshold can be increased without having a negative impact on
competition in the European internal market. The Dutch authorities suggest to raise the threshold to enable
Member States to grant aid to stimulate economic activities for growth and innovation without being
restricted by State aid rules. The De minimis threshold could be brought in line with the De minimis aid
granted to undertakings providing Services of General Economic Interest and in line with the Transparency
Aid Module level. A (limited) higher threshold would decrease the administrative burden for both Member
States and beneficiaries. Consequently, this allows Member States to respond more adequately to situations
that require limited public financial support.

* 9. Are the provisions on cumulation (Article 5) clear and easy to apply?

Yes
No
I do not know
If not, please explain why.
3000 character(s) maximum

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With regard to the anti-cumulation rules, the interaction between De minimis aid, other State aid frameworks
(especially the General Block Exemption Regulation) and European funds could be further improved and
clarified.
Also, the definition of the “same eligible costs” could be further clarified, as well as the consequences for the
situation when aid is not granted for specified costs but for a specific project as a whole.
It would be helpful if the European Commission provides more (practical) guidance, for example by providing
calculation tools or concrete examples.

* Gross grant equivalent

10. Have you encountered difficulties in applying the transparency requirements?
Yes
No
I do not know
If yes, please explain why.
3000 character(s) maximum

* 11. What has been your experience in using loan, guarantee and equity

instruments (financial instruments) under the De minimis Regulation? In particular:
a. Have you encountered difficulties in calculating the gross grant equivalent of aid
in loans or guarantees?
Yes
No
I do not know
If yes, please explain why and provide specific examples.
3000 character(s) maximum

* b. Have the criteria for small loans and guarantees of short duration under Article 4

(3)(b) and Article 4(6)(b) simplified the handling of these instruments?
Yes
No
I do not know
If not, please explain why and provide specific examples.
3000 character(s) maximum

*

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c. For loan and guarantee instruments involving financial intermediaries, have you
encountered difficulties in passing on the aid to the final beneficiaries?
Yes
No
I do not know
If yes, please explain why and provide specific examples.
3000 character(s) maximum

Monitoring
12. If you have a central register, please explain:
a. How many authorities use the central register?
3000 character(s) maximum

b. Is the central register accessible to the public?
Yes
No
I do not know
If not, please explain why.
3000 character(s) maximum

c. If you have a central register, what is your cost estimate for setting it up and
maintaining it?
3000 character(s) maximum

13. If you do not have a central register, please describe how you comply with
Article 6 by explaining:
a. Why have you not set up a central register?
3000 character(s) maximum
The Dutch authorities use a De minimis declaration in which the beneficiary of De minimis aid declares that
he is still eligible for this type of aid.
In the Netherlands, public authorities on different levels (central and local governments) are each
responsible for compliance with the State aid rules. A central register is not suitable for this decentralized
system.
Besides, the Dutch authorities would like to avoid new administrative burdens for granting authorities as

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much as possible. Another register, requires more effort from public authorities and takes more time,
especially with regards to startup- and ict- problems. According to the Dutch authorities a De minimis
declaration is sufficient.

b. What other means have you put in place to ensure that all the conditions
under Article 6 on awarding de minimis aid are met?
3000 character(s) maximum
Before granting De minimis aid, the Dutch Authorities request a De minimis declaration from every
beneficiary of aid granted under the De minimis Regulation, formally stating that the beneficiary is eligible for
De minimis aid. A special format of such a de Minimis declaration is part of the national state aid manual for
all granting authorities.

c. Have you encountered difficulties in applying the provision on monitoring
(Article 6)? Please explain and give any specific examples.
3000 character(s) maximum

14. If you do not have a central register, how are your records on de minimis aid
kept? Please describe the functioning of your record system.
3000 character(s) maximum
In the Netherlands, public authorities on different levels (central and local governments) are each
responsible for compliance with the State aid rules. In general, data (like the aid measures and the De
minimis declaration) are kept at file level.

15. If you do not have a central register, what is your cost estimate for compiling
and keeping the records to comply with Article 6(4)?
3000 character(s) maximum
The Dutch Authorities cannot estimate these costs on short term. In addition, it depends on the conditions of
a possible register. Besides, the costs for creating the surroundings of such a register, the in kind
contribution of granting authorities to upload and check all information have to be taken into account.

* 16. Should there be a centralised de minimis register at EU level?

Yes
No
I do not know
Please explain why.
3000 character(s) maximum
The Dutch Authorities are not in favor of a (centralised) De minimis registry at the EU level. De minimis aid
does not have a negative impact on competition in the internal market, which means that an instrument at
EU level is not necessary.

Other

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17. Do you have any additional comments on the application of the De minimis
Regulation?
5000 character(s) maximum

18. Please provide copies of any documents, data or studies that may be relevant
for assessing the application of the De minimis Regulation.
The maximum file size is 1 MB

Additional information
Further to your replies of the questionnaire, you may provide below any additional
comments, observations, information, or suggestions you deem relevant to share
with us.
5000 character(s) maximum

Thank you for your participation!

Contact
COMP-CONSULTATION-DE-MINIMIS@ec.europa.eu

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