What is the De Minimis Rule?
The De Minimis Rule is an EU regulation exempting state aid below certain thresholds from the notification requirement to the European Commission. The rationale: small-scale aid has no appreciable effect on competition in the EU internal market.
Current Thresholds (since 2024)
- General de minimis: €300,000 per company over three fiscal years (previously €200,000)
- SGEI de minimis: €750,000 for services of general economic interest (previously €500,000)
- Agriculture: €25,000 (previously €20,000)
- Fisheries: €40,000 (previously €30,000)
How it Works
- No approval needed: Aid below the threshold need not be notified to the Commission
- Cumulation: All de minimis aid to a company over three years is aggregated
- Transparency: Since 2024, an EU-wide de minimis register exists
- Company definition: Linked companies count as a single undertaking
Relevance to Procurement
The de minimis rule intersects with procurement in several ways: subsidy recipients may face procurement obligations, some authorities grant de minimis advantages to local companies, and public contracts above market price may constitute aid.
New De Minimis Register (since 2024)
The EU has introduced a central register for de minimis aid, eliminating the need for self-declarations by companies and increasing legal certainty for both aid givers and recipients.