Analysis of Commission Regulation (EU) 2023/2831 on *De Minimis* Aid
Commission Regulation (EU) 2023/2831, effective January 1, 2024, and lasting until December 31, 2030, revises the rules concerning *de minimis* aid under Articles 107 and 108 of the Treaty on the Functioning of the European Union. This regulation dictates when state aid is considered to have minimal impact on competition and is therefore exempt from mandatory notification to the Commission.
The key change is an increase in the *de minimis* aid threshold to EUR 300,000 per single undertaking over a three-year period. This means Member States can grant up to this amount without needing prior approval from the European Commission. The regulation provides definitions for terms like “undertaking” and “single undertaking” to ensure consistent application.
Crucially, the regulation specifies rules for cumulating *de minimis* aid with other forms of state aid, ensuring that the total aid does not exceed the maximum permissible intensity or amount allowed under relevant block exemption regulations or Commission decisions. It also introduces stricter transparency requirements, mandating that Member States transmit summaries of *de minimis* aid measures to the Commission within 20 working days of their implementation.
Member States are required to maintain detailed records of all *de minimis* aid granted for a 10-year period to facilitate monitoring. Regulation (EU) No 1407/2013 remains applicable for aid granted before January 1, 2024.
Analysis of Commission Implementing Regulation (EU) 2025/1200 Amending Implementing Regulation (EU) 2021/404
Commission Implementing Regulation (EU) 2025/1200, amends Implementing Regulation (EU) 2021/404 regarding the list of third countries, territories, or zones authorized for the entry into the Union of certain animal products. Specifically, it focuses on updates to Annexes V, XIII, and XIV concerning Canada, Eswatini, the United Kingdom, and the United States, in response to outbreaks of animal diseases.
The regulation adjusts which zones within these countries are authorized to export specific animal products to the EU. For Eswatini, the entry of fresh meat of bovine animals, farmed and wild game ungulates from zones SZ-1 and SZ-2 is suspended due to outbreaks of foot and mouth disease (FMD).
For the United States, the entry of consignments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from specific zones in Arizona and New Jersey is suspended due to outbreaks of highly pathogenic avian influenza (HPAI). Conversely, entry of the same consignments from specific zones in Canada and the United Kingdom is re-authorized, as the animal health situation no longer poses a threat.
The changes are detailed in the updated tables within Annexes V, XIII, and XIV of Implementing Regulation (EU) 2021/404.
Review of each of legal acts published today:
Commission Implementing Regulation (EU) 2025/905 of 12 May 2025 amending Regulation (EC) No 794/2004 as regards an internal review mechanism to follow up on the findings of the Aarhus Convention Compliance Committee in case ACCC/C/2015/128 and other procedural updates
Okay, I will provide you with a detailed description of the provisions of the act.
**1. Essence of the Act**
Commission Regulation (EU) 2023/2831 of 13 December 2023 concerns the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (TFEU) to *de minimis* aid. This regulation defines the conditions under which State aid is deemed not to distort or threaten to distort competition and is therefore exempt from the notification requirement under Article 108(3) TFEU. It sets a new *de minimis* threshold of EUR 300,000 per Member State over a three-year period and includes rules to prevent the circumvention of notification requirements.
**2. Structure and Main Provisions**
The regulation is structured into several key articles and annexes that define the scope, conditions, and procedures for applying the *de minimis* rule.
* **Article 1: Scope**
* Specifies that the regulation applies to aid measures fulfilling the conditions laid down in the regulation.
* **Article 2: Definitions**
* Defines key terms such as “undertaking,” “single undertaking,” “same fiscal year,” and “eligible costs.”
* **Article 3: *De minimis* aid threshold**
* Sets the maximum total *de minimis* aid that can be granted to a single undertaking at EUR 300,000 over a three-year period.
* Specifies that the threshold applies to the total amount of *de minimis* aid granted per Member State.
* **Article 4: Rules for cumulation**
* Establishes rules for cumulating *de minimis* aid with other State aid.
* Specifies that *de minimis* aid may be cumulated with other State aid as long as the cumulated aid does not exceed the most relevant intensity or amount fixed in the specific circumstances of each case by a block exemption regulation or a decision adopted by the Commission.
* States that *de minimis* aid shall not be cumulated with any State aid in relation to the same eligible costs if such cumulation would exceed the highest relevant aid intensity or aid amount fixed in the specific circumstances of each case by a block exemption regulation or a decision adopted by the Commission.
* **Article 5: Transparency**
* Requires Member States to ensure transparency of *de minimis* aid measures.
* Specifies that a summary of information on each *de minimis* aid measure should be transmitted to the Commission within 20 working days following its entry into force.
* **Article 6: Control**
* Specifies that Member States must record and compile sufficient information to verify that the conditions of the regulation are met.
* Requires Member States to retain records regarding *de minimis* aid for 10 years from the date on which the aid was granted and provide them to the Commission if requested.
* **Article 7: Entry into force and application**
* Specifies that the regulation enters into force on 1 January 2024.
* States that the regulation applies until 31 December 2030.
* Specifies a transitional period, stating that the Regulation (EU) No 1407/2013 continues to apply to aid granted before 1 January 2024.
**Changes Compared to Previous Versions:**
* **Increased Threshold:** The *de minimis* threshold has been increased from EUR 200,000 to EUR 300,000 per single undertaking over a three-year period.
* **Transparency Requirements:** Enhanced transparency requirements are introduced, mandating that Member States transmit a summary of information on each *de minimis* aid measure to the Commission within 20 working days following its entry into force.
* **Validity Period:** The regulation is valid until 31 December 2030.
**3. Main Provisions for Use**
* **Threshold Compliance:** Member States must ensure that the total *de minimis* aid granted to a single undertaking does not exceed EUR 300,000 over any three-year period.
* **Cumulation Rules:** When granting *de minimis* aid, Member States must consider the rules for cumulation with other State aid to ensure that the overall aid intensity does not exceed permissible levels.
* **Transparency Obligations:** Member States must comply with the transparency requirements by transmitting information on each *de minimis* aid measure to the Commission within 20 working days of its entry into force.
* **Record Keeping:** Member States must maintain detailed records of all *de minimis* aid granted for a period of 10 years to facilitate monitoring and control by the Commission.
* **Effective Date:** The regulation is effective from 1 January 2024, and Regulation (EU) No 1407/2013 continues to apply to aid granted before this date.
Commission Implementing Regulation (EU) 2025/1200 of 12 June 2025 amending Annexes V, XIII and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, Eswatini, the United Kingdom and the United States in the lists of third countries, territories or zones thereof authorised for the entry into the Union of consignments of poultry and germinal products of poultry, fresh meat of bovine animals, farmed and wild game ungulates and fresh meat of poultry and game birds
This Commission Implementing Regulation (EU) 2025/1200 amends Implementing Regulation (EU) 2021/404, specifically Annexes V, XIII, and XIV, which list third countries, territories, or zones authorized for the entry into the Union of certain animal products. The changes concern entries for Canada, Eswatini, the United Kingdom, and the United States.
The regulation adjusts the lists of third countries, territories, or zones authorized for the entry into the Union of consignments of poultry and germinal products of poultry, fresh meat of bovine animals, farmed and wild game ungulates, and fresh meat of poultry and game birds. It responds to recent outbreaks of animal diseases, such as foot and mouth disease (FMD) in Eswatini and highly pathogenic avian influenza (HPAI) in the United States, Canada and the United Kingdom, by modifying the authorized zones from which these products can be imported.
The key provisions of this regulation involve:
– **Eswatini:** The entry into the Union of fresh meat of bovine animals, farmed and wild game ungulates from zones SZ-1 and SZ-2 is no longer authorised due to outbreaks of foot and mouth disease.
– **United States:** Entry into the Union of consignments of poultry and germinal products of poultry, and of fresh meat of poultry and game birds from specific zones in Arizona and New Jersey is suspended due to outbreaks of HPAI.
– **Canada and the United Kingdom:** Re-authorization of entry into the Union of consignments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from specific zones, as the animal health situation no longer poses a threat.
These amendments are reflected in the updated tables within Annexes V, XIII, and XIV of Implementing Regulation (EU) 2021/404, detailing the specific zones affected and the types of products impacted.
