Source: Dispatch of the Federal Council on the Bilateral III package, Chapter 2.2.5 (pp. 150–153)
PDF of the Dispatch
EU state aid law constitutes the reference framework for the aid provisions in the bilateral agreements. Art. 107(1) TFEU defines the notion of state aid and establishes a prohibition in principle, which is however tempered by numerous exceptions. The most important instruments are the General Block Exemption Regulation (GBER), the de minimis regulations and the rules on services of general economic interest (SGEI). Since 2023, the Foreign Subsidies Regulation complements the system.
The EU law definition of state aid comprises four cumulative criteria:
Only when all four criteria are simultaneously fulfilled does an aid within the meaning of EU law exist.
The prohibition in principle under Art. 107(1) TFEU is qualified by extensive exceptions:
The GBER automatically exempts broad categories of aid from the notification obligation, provided certain thresholds and conditions are met:
| Category | Examples |
|---|---|
| Research and development | Basic research, experimental development |
| SME support | Investment and operating aid for SMEs |
| Environmental protection | Pollution reduction measures |
| Energy | Renewable energy, energy efficiency |
| Training | General and specific training measures |
| Culture and cultural heritage | Support for cultural institutions and events |
| Infrastructure | Local infrastructure, broadband deployment |
| Sport | Sports infrastructure, multifunctional recreational infrastructure |
The GBER covers an estimated 95% of all state aid in the EU.
Small-scale aid below certain thresholds is considered not to distort competition and is exempt from notification:
| Regulation | Threshold | Period |
|---|---|---|
| General de minimis | EUR 300,000 | 3 years (rolling) |
| De minimis SGEI | EUR 750,000 | 3 years |
| De minimis agriculture | EUR 25,000 | 3 years |
| De minimis fisheries | EUR 40,000 | 3 years |
The general de minimis threshold was raised in 2024 from EUR 200,000 to EUR 300,000.
SGEI are economic activities serving the general interest that would not be sufficiently provided by the market without state intervention:
SGEI largely correspond to the Swiss concept of public service (basic supply). Compensation for SGEI may, under certain conditions (Altmark criteria), not constitute aid.
Since July 2023, the EU Foreign Subsidies Regulation (FSR) has been in force. It flanks EU state aid law vis-à-vis third countries:
| Aspect | Details |
|---|---|
| Legal basis | Art. 107–109 TFEU |
| Principle | Aid prohibition with extensive exceptions |
| GBER coverage | ~95% of all aid in the EU |
| De minimis threshold | EUR 300,000 / 3 years (since 2024) |
| SGEI | Corresponds to Swiss public service |
| Foreign Subsidies Reg. | In force since 2023, not directly applicable |
| Significance for CH | Reference framework, not adopted 1:1 |