Zum Inhalt
Verein in Gründung
Pilotbetrieb

Diese Plattform befindet sich im Pilotbetrieb. Trotz sorgfältiger Prüfung können Inhalte und Funktionen Fehler enthalten. Bitte überprüfe wichtige Angaben anhand der verlinkten Originalquellen.

SW-Version alpha 0.41
Darstellung: System
Sprache: DE

State Aid Monitoring Act (D-SAMA)

Source: Dispatch of the Federal Council on the Bilateral III package, Chapter 2.2.7 (pp. 164–170)
PDF of the Dispatch

Summary

The State Aid Monitoring Act (D-SAMA) is a new federal act in 10 chapters governing the procedures for monitoring state aid in Switzerland. COMCO receives a specialised aid chamber as an independent monitoring authority. The procedure comprises a notification obligation, a simple examination (2 months) and, where necessary, an in-depth examination (up to 12 months). Opinions are non-binding. Legal protection is provided through Swiss courts. The Act enters into force only 5 years after the entry into force of the aid protocols.

Structure of the Act

The D-SAMA is divided into 10 chapters:

Chapter Content
1 General provisions – purpose, scope, definitions
2 Monitoring authority – COMCO aid chamber, composition
3 Notification procedure – notification obligation, deadlines, exceptions
4 Simple examination – preliminary examination within 2 months
5 In-depth examination – detailed investigation, up to 12 months
6 Opinions – non-binding assessment
7 Transparency – publication, register
8 Existing aid – inventory, transitional provisions
9 Legal protection – appeals, jurisdiction
10 Final provisions – entry into force, transitional periods

COMCO aid chamber

The aid chamber is a new specialised unit within the existing Competition Commission:

Composition

  • Chair: led by a member of COMCO
  • 2 members: cantons are involved in preparing the election
  • Expertise: specialisation in state aid law (EU and CH)
  • Independence: free from directives, analogous to the existing COMCO structure

Why COMCO?

  • Proven institution with experience in competition law
  • Existing infrastructure and expertise
  • International recognition as an independent authority
  • Synergies with cartel supervision
  • Broad support in the consultation

Procedure overview

The examination procedure follows a three-stage process:

1. Notification

  • Obligation: aid within the scope must be notified before being granted
  • Exceptions: de minimis aid and GBER aid are exempt from notification
  • Content: description of the measure, recipient, amount, purpose

2. Simple examination (2 months)

  • The aid chamber examines whether the measure constitutes aid within the meaning of the Act
  • Examination of compatibility with the exception provisions
  • Deadline: 2 months from complete notification
  • Result: opinion or opening of an in-depth examination

3. In-depth examination (up to 12 months)

  • Opened when the simple examination does not allow a conclusive assessment
  • Comprehensive investigation with hearing rights
  • Deadline: up to 12 months (extendable in justified cases)
  • Result: non-binding opinion

Opinions

A central feature of the Swiss system is the non-binding character of the opinions:

  • The aid chamber issues a technical assessment
  • The opinion is not legally binding (unlike in the EU, where the Commission adopts binding decisions)
  • The aid-granting authority (Confederation, canton, municipality) decides autonomously whether to follow the opinion
  • In case of non-compliance: potential consequences within the dispute settlement mechanism

Legal protection is provided exclusively through Swiss courts:

  • Cantonal courts: appeal to cantonal courts (depending on the aid-granting authority)
  • Federal Supreme Court: final instance
  • No EU jurisdiction: no access to the ECJ for Swiss aid cases
  • Standing: affected undertakings and competitors may file an appeal

Entry into force and transitional periods

Timepoint Event
T+0 Entry into force of the aid protocols
T+0 to T+5 Transitional period: establishment of the chamber, training, inventory
T+5 D-SAMA enters into force, aid monitoring becomes operational
Ongoing Regular reporting and review

The 5-year transitional period allows for:

  • Building up personnel capacity (7.5 FTE at COMCO)
  • Adoption of implementing ordinances
  • Recording of existing aid
  • Training of the authorities concerned (Confederation, cantons, municipalities)

Alternatives considered and rejected

The Federal Council examined and rejected several alternative approaches:

Alternative Reason for rejection
Subsidies Act (SubA) Covers only federal subsidies, not cantons/municipalities; different regulatory purpose
Internal Market Act (IMA) Focused on inter-cantonal market access, not on aid control
Constitutional amendment Disproportionate for the limited scope; politically unnecessary
27 cantonal authorities Non-uniform, inefficient, not equivalent under international law
Existing federal authority (SECO) Lack of independence, as part of the federal administration

Tasks/finance coordination

  • Federal level: independent monitoring authority (COMCO aid chamber), not 27 cantonal authorities
  • SECO competence centre: support and coordination (2 FTE)
  • Financing: through the ordinary federal budget
  • Departmental ordinance EAER: technical details regulated at ordinance level

Key points

Aspect Details
Type of law New federal act (D-SAMA)
Structure 10 chapters
Authority COMCO aid chamber (independent)
Cantonal participation In the election of the 2 members
Simple examination 2 months
In-depth examination Up to 12 months
Opinions Non-binding
Legal protection Swiss courts (no ECJ)
Entry into force 5 years after the protocols

References