Request

Suur-Ameerika 1 / 10122 Tallinn / Estonia / +372 611 3558 / [email protected]

www.rahandusministeerium.ee / Reg. code: 70000272

Koen Van de Casteele

European Commission

DG Competition

[email protected]

Request for the interpretation of de

minimis Regulations

Dear Mr Koen Van de Casteele,

Estonia asks for the Commission’s interpretation of certain provisions of the Commission

Regulation (EU) 2023/2831 on the application of Articles 107 and 108 of the Treaty on the

Functioning of the European Union to de minimis aid and Commission Regulation (EU)

2023/2832 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 (hereinafter SGEI de minimis aid).

1) Our first question concerns the cumulation of the de minimis aid and SGEI de minimis

aid.

Article 5(1) of the Regulation (EU) 2023/2831 stipulates:

„De minimis aid granted in accordance with this Regulation may be cumulated with de

minimis aid granted in accordance with Commission Regulation (EU) 2023/2832“.

Article 5(1) of the Regulation (EU) 2023/2832 stipulates:

„De minimis aid granted in accordance with this Regulation may be cumulated with de

minimis aid granted in accordance with other de minimis Regulations“.

Neither of the two Regulations specify any ceiling up to which de minimis aid can be

cumulated as it was the case in previous de minimis aid regulations (No 1407/2013 and No

360/2012).

Our understanding is that de minimis aid granted based on Regulation (EU) 2023/2831 and

Regulation (EU) 2023/2832 may now be cumulated so that a single undertaking can get

altogether 1 050 000 euros (300 000 euros + 750 000 euros) de minimis aid.

Please confirm that our understanding is correct?

2) The second question concerns the calculation of three-year period in the Regulations

(EU) 2023/2831 and (EU) 2023/2832.

Our ref. 08.03.2024 No 12.1-2/1195-1

2

According to Article 3(2) of the Regulation (EU) 2023/2831 the total amount on de minimis

aid granted per Member State to a single undertaking shall not exceed EUR 300 000 over any

period of 3 years.

We’ve understood that the three-year period is calculated so that in case new de minimis aid

is granted on 8.03.24 we have to take into account all de minimis aid granted from 8.03.21 till

8.03.241. When de minimis aid is granted on the 29th of February of a leap year, then we must

take into account de minimis aid granted from 28.02.21 till 29.02.24 (as in 2021 there was no

29.02).

Could you please confirm that our understanding is correct?

3) The third question is about footnote 23 of the Regulation (EU) 2023/2832.

Footnote 23 refers to „Commission Regulations (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 in the agriculture sector (OJ L 352, 24.12.2013, p. 9) …

Our understanding is that instead of referring to Commission Regulation (EU) No 1407/2013

the refence should have been made to Commission Regulation (EU) No 1408/2013.

Is our understanding correct?

Estonia is in the process of IT development of our State aid and De Minimis Aid Register to

bring the register into line with the Commission new de minimis aid Regulations. For this

reason, we need the answers to the questions above as soon as possible.

Thank you in advance,

Yours sincerely,

(signed digitally)

Kaur Kajak

Deputy Secretary-General for Public Governance Policy

Ljudmilla Sokolnikova +372 611 3360

[email protected]

1 According to Article 3(2)(c) of Regulation (EEC, EURATOM) No 1182/71 of the Council of 3 June

1971 determining the rules applicable to periods, dates and time limits. Reference to this regulation

was made in the Commission’s 31.01.2024 answer to Italy in eState aid wiki.