Europaudvalget 2019-20
EUU Alm.del Bilag 117
Offentligt
2100717_0001.png
Evaluation of SGEI rules applicable to health
and social services and the SGEI de minimis
Regulation - Public consultation
Fields marked with * are mandatory.
Introduction
The European Commission is carrying out an evaluation of the 2012 SGEI package as regards health and
social services and of the SGEI de minimis Regulation. More information can be found
here. 
You are kindly invited to reply to a set of 18 questions. Please make sure you use the save button as you
proceed with the questionnaire to avoid losing information that was already inserted - especially in the case
of questions with open replies. At the end of the survey you will have an opportunity to provide broader,
more general comments and to upload documents, which you consider as relevant.
The questionnaire will take approximately 30 minutes to complete.
A summary report of the public consultation will also be published in Q1 2020 on the European Commission’
s public consultations page of
the better regulation portal.
About you
*
1
Language of my contribution
Bulgarian
Croatian
Czech
Danish
Dutch
English
Estonian
Finnish
French
Gaelic
German
Greek
Hungarian
Italian
Latvian
Lithuanian
Maltese
Polish
Portuguese
1
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0002.png
Polish
Portuguese
Romanian
Slovak
Slovenian
Spanish
Swedish
*
2
I am giving my contribution as
Academic/research institution
Business association
Company/business organisation
Consumer organisation
EU citizen
Environmental organisation
Non-EU citizen
Non-governmental organisation (NGO)
Public authority
Trade union
Other
First name
*
3
*
4
Surname
*
5
Email (this won't be published)
[email protected]
*
6
Scope
International
Local
National
Regional
Organisation name
Danish Government response
*
7
255 character(s) maximum
*
8
Organisation size
Micro (1 to 9 employees)
Small (10 to 49 employees)
Medium (50 to 249 employees)
Large (250 or more)
2
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0003.png
Medium (50 to 249 employees)
Large (250 or more)
9 Transparency register number
255 character(s) maximum
making.
Check if your organisation is on the
transparency register
. It's a voluntary database for organisations seeking to influence EU decision-
*
10
Please add your country of origin, or that of your organisation.
Country of origin
Afghanistan
Åland Islands
Albania
Algeria
American
Samoa
Andorra
Angola
Anguilla
Antarctica
Antigua and
Barbuda
Argentina
Armenia
Aruba
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Djibouti
Dominica
Libya
Liechtenstein
Lithuania
Luxembourg
Macau
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall
Islands
Martinique
Mauritania
Mauritius
Mayotte
Mexico
Micronesia
Moldova
Dominican
Republic
Ecuador
Egypt
El Salvador
Equatorial
Guinea
Eritrea
Estonia
Eswatini
Ethiopia
Falkland Islands
Faroe Islands
Fiji
Finland
France
French Guiana
French
Polynesia
French
Southern and
Antarctic Lands
Gabon
Georgia
Germany
Ghana
Gibraltar
Greece
Saint Martin
Saint Pierre
and Miquelon
Saint Vincent
and the
Grenadines
Samoa
San Marino
São Tomé and
Príncipe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore
Sint Maarten
Slovakia
Slovenia
Solomon
Islands
Somalia
South Africa
South Georgia
and the South
Sandwich
Islands
South Korea
South Sudan
Spain
Sri Lanka
Sudan
Suriname
3
Barbados
Belarus
Belgium
Belize
Benin
Bermuda
Monaco
Mongolia
Montenegro
Montserrat
Morocco
Mozambique
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0004.png
Bermuda
Bhutan
Bolivia
Bonaire Saint
Eustatius and
Saba
Bosnia and
Herzegovina
Botswana
Bouvet Island
Brazil
British Indian
Ocean Territory
British Virgin
Islands
Brunei
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Canada
Cape Verde
Cayman Islands
Central African
Republic
Chad
Chile
China
Christmas
Island
Clipperton
Cocos (Keeling)
Islands
Colombia
Comoros
Congo
Cook Islands
Costa Rica
Greece
Greenland
Grenada
Guadeloupe
Guam
Guatemala
Guernsey
Guinea
Guinea-Bissau
Guyana
Haiti
Heard Island
and McDonald
Islands
Honduras
Hong Kong
Hungary
Iceland
India
Indonesia
Iran
Iraq
Ireland
Isle of Man
Israel
Italy
Jamaica
Japan
Jersey
Jordan
Kazakhstan
Kenya
Kiribati
Mozambique
Myanmar
/Burma
Namibia
Nauru
Nepal
Netherlands
New Caledonia
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norfolk Island
Northern
Mariana Islands
North Korea
North
Macedonia
Norway
Oman
Pakistan
Palau
Palestine
Panama
Papua New
Guinea
Paraguay
Peru
Philippines
Pitcairn Islands
Poland
Portugal
Puerto Rico
Qatar
Suriname
Svalbard and
Jan Mayen
Sweden
Switzerland
Syria
Taiwan
Tajikistan
Tanzania
Thailand
The Gambia
Timor-Leste
Togo
Tokelau
Tonga
Trinidad and
Tobago
Tunisia
Turkey
Turkmenistan
Turks and
Caicos Islands
Tuvalu
Uganda
Ukraine
United Arab
Emirates
United
Kingdom
United States
United States
Minor Outlying
Islands
Uruguay
US Virgin
Islands
Uzbekistan
Vanuatu
Vatican City
4
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0005.png
Costa Rica
Côte d’Ivoire
Croatia
Cuba
Curaçao
Cyprus
Czechia
Kiribati
Kosovo
Kuwait
Kyrgyzstan
Laos
Latvia
Lebanon
Qatar
Réunion
Romania
Russia
Rwanda
Saint
Barthélemy
Saint Helena
Ascension and
Tristan da
Cunha
Saint Kitts and
Nevis
Saint Lucia
Vatican City
Venezuela
Vietnam
Wallis and
Futuna
Western
Sahara
Yemen
Zambia
Democratic
Republic of the
Congo
Denmark
*
11
Lesotho
Liberia
Zimbabwe
The Commission will publish the responses to this public consultation. You can choose whether you would like your details to be made
public or to remain anonymous.
Publication privacy settings
Anonymous
Only your type of respondent, country of origin and contribution will be
published. All other personal details (name, organisation name and size,
transparency register number) will not be published.
Public
Your personal details (name, organisation name and size, transparency
register number, country of origin) will be published with your contribution.
12 I agree with the
personal data protection provisions
General questions
13 Please describe the relevance of State aid rules for you
1500 character(s) maximum
14 How would you best describe the nature of your understanding and involvement
in matters related to State aid rules?
1500 character(s) maximum
The Danish Government responce is coordinated by the central state aid division. General
questions are responded below. Denmark has limited experiences with SGEI in this field as
health and social services in Denmark are as a main rule regarded as non-economic in nature.
N/A
15 Are you familiar with the SGEI package?
5
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0006.png
Very familiar, I
use this
document
often
*
2012 SGEI
Decision
*
2012 SGEI
Communication
*
2012 SGEI
Framework
*
SGEI de
minimis
Regulation
Familiar, I have
heard about it and
use it sometimes
Neutral, I have
heard about it, but
do not use it
Not familiar at all,
I do not know this
document
16 How often do you grant compensation under the different documents that are
part of the SGEI package?
More than 12
times per year
*
2012 SGEI
Decision
*
2012 SGEI
Framework
*
SGEI de
minimis
Regulation
Less than 12
times per year
I do
Never
not
know
This document is not
relevant for me / I do not
use it
Specific questions - Effectiveness (Have the objectives been met?)
In this section, we would like to have your opinion on the extent to which the SGEI rules for health
and social services met their objectives, notably:
Clarifying the basic concepts relevant for the application of the State aid rules to health and
social SGEIs; and
Providing a more diversified and proportionate approach for a large variety of health and
serious risk of competition distortions in the internal market
*
17
social SGEIs, taking into account their nature and scope and the extent to which they posed a
Based on your experience, has the 2012 SGEI package in so far as applicable
to health and social services overall led to a clearer and more simple set of rules?
1000 character(s) maximum
Yes, the SGEI package has overall met its purpose in respect to clarifying the rules and reduce
administrative burdens.
6
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0007.png
18 Based on your experience, did the factors below facilitate the compliance with
the SGEI rules applicable to health and social services?
To help you answering this question, please find
here
the SGEI communication and
here
the SGEI Decision.
I do
Fully
agree
Partially
agree
Neutral
Partially
disagree
Fully
disagree
not
know /
no
opinion
*
Guidance in the 2012 SGEI
Communication
on when the
SGEI rules apply
*
Guidance in the 2012 SGEI
Communication
on the definition
of a genuine SGEI
*
Guidance in the 2012 SGEI
Communication
on the concept
of ‘market failure’
*
The
scope of social services
as
laid down in the 2012 SGEI
Decision (Article 2(1)(c) and
recital 11 of the preamble)
*
The
definition of social housing
as laid down in the 2012 SGEI
Decision (recital 11 of the
preamble)
*
Publication by Member States or
regional and local authorities of a
Member State of aid awards
above EUR 15 million on the
internet
19 Please explain your answers
3000 character(s) maximum
Overall the SGEI-package has facilitated compliance. However, definitions in the SGEI-
communication could be more elaborate and should be updated according to ECJ-practice.
20 Based on your experience, which other specific elements, besides the elements
listed in the previous question, could be clarified to improve the implementation of
the SGEI rules applicable to health and social services.
2000 character(s) maximum
Based on developments in ECJ-case law more guidance is needed on: Health and social
services of non-economic vs. economic nature, market faliure in case of competitiors on the
market and the existence of a genuine SGEI. Also need for coherence with NoA in respect to
7
tender procedures.
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0008.png
21 Based on your experience, have the SGEI rules applicable to health and social
services achieved the objectives listed below while maintaining a competitive
internal market?
I do
To a
large
extent
*
To clarify basic concepts relevant for the application
of the State aid rules to health and social SGEIs
*
To make a more diversified and proportionate
approach for health and social SGEIs possible, taking
into account their nature and scope and the extent to
which they posed a serious risk of competition
distortions in the internal market.
*
To simplify the state aid rules applicable to health and
social services/SGEIs compared to the 2005 Package
by exempting them from notification to the
Commission?
*
To make it possible for Member States to provide
health and social services to the (vulnerable part of
the) population at affordable conditions.
To
some
extent
Neutral
Not
at
all
not
know /
no
opinion
22 Please explain your answers
3000 character(s) maximum
Genereally the SGEI-package has worked well and has been fit for purpose.
*
23
Based on your experience, has the 2012 SGEI package with regard to health
and social services had any
positive impacts
that were not expected or not
intended?
Yes
No
I do not know / no opinion
24 Please explain your answer
1000 character(s) maximum
No data/evidence available
*
25
Based on your experience, has the 2012 SGEI package with regard to health
and social services had any
negative impacts
that were not expected or not
intended?
Yes
No
8
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0009.png
No
I do not know / no opinion
26 Please explain your answer
1000 character(s) maximum
No data/evidence available
27 The content of the act assigning an SGEI to a beneficiary (‘the entrustment act’)
and the amount granted to the company benefiting from the SGEI compensation
and falling under the SGEI Decision, when exceeding EUR 15 million, have to be
published by the Member State or its regional and local authorities on the internet,
also with regard to health and social services defined as an SGEI (Article 7 of the
2
012 SGEI Decision
).
Based on your experience, did the publication on the internet or by other means of
SGEI compensation for health and social services above EUR 15 million make it
easier to check the entrustment acts, possibly to challenge them and did it make
aid transparent for you, (other) stakeholders and companies and the general public?
I do
To a
large
extent
*
To increase transparency of SGEI compensation
towards stakeholders, companies and the general
public
*
To enable companies and other interested parties to
check whether aid was granted in line with the SGEI
rules
To
some
extent
Neutral
Not
at
all
not
know /
no
opinion
28 Please explain your answers
1500 character(s) maximum
There is a suspected low awareness of the publication obligation among stakeholders,
companies and the general public.
Specific questions - Efficiency (Were the costs involved proportionate to
the benefits?)
In this section, we would like to have your view concerning the efficiency of the SGEI rules for
health and social services analysed under this evaluation. Were the costs involved in complying
with the rules proportionate to the benefits of having such rules?
9
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0010.png
29 To the best of your knowledge, has the 2012 SGEI package reduced the
administrative burden with regard to health and social services compared to the
rules in force under the 2005 package?
I do not
know /
Fully
agree
Partially
agree
Neutral
Partially
disagree
Fully
disagree
this is
not
relevant
for me
*
For the public authorities
*
For the beneficiaries (health and
social service providers
entrusted with an SGEI)
30 Please explain your answers
2000 character(s) maximum
N/A
*
31
To what extend did the amount of resources (for example money and
personnel) you spent on administrative activities with regard to health and social
services change, compared to the period 2005-2012 when the
2005 SGEI package
was still in force
If you have never used the 2005 SGEI package, please tick 'I do not know / not applicable'
Strong increase
Limited increase
No change
Limited decrease
Strong decrease
I do not know / not applicable
*
32
To what extend did the amount of resources (for example money and
personnel) you spent on administrative activities with regard to health and social
services change, since 2012 when the 2012 SGEI package entered into force
Strong increase
Limited increase
No change
Limited decrease
Strong decrease
I do not know / not applicable
33 Please support your answer with reference to statistics if possible and also
explain if you believe the change in amount of resources spent on administrative
activities has changed for reasons unrelated to the SGEI rules, 3000 characters
maximum.
You can upload one file at the end of the questionnaire
10
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0011.png
No data/evidence available
Specific questions - Relevance (is EU action still necessary?)
In this section, we would like to understand if the SGEI rules for health and social services are still
relevant considering , in particular new market developments.
*
34
Based on your experience, how well do the objectives of the 2012 SGEI
package as applied to health and social services still correspond to today’s (EU
internal) market situation?
Objectives as applied to health and social services: simplifying compatibility criteria
and reducing the administrative burden for Member States which compensate
undertakings entrusted to provide such services to the (vulnerable part of the)
population at affordable conditions. 
To a large extent
To some extent
Neutral
Not at all
I do not know / no opinion
35 Please explain your answer
1000 character(s) maximum
The objective is still relevant today.
36 Based on your experience, to what extent does each separate element of the
2012 SGEI Decision below correspond to the (EU internal) market developments in
the field of health and social services that have occurred since 2012? In other
words, do these elements still serve a purpose?
I do not
To a
large
extent
To
some
extent
Neutral
Not
at
all
know /
this is
not
relevant
for me
*
The requirement to define the nature and duration of
the SGEI in the entrustment act
*
The requirement to define the territory concerned in
the entrustment act
*
The requirement to include exclusive or special
rights assigned to the company in the entrustment
act
11
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0012.png
*
The requirement to define the parameters for
calculating, controlling and reviewing the
compensation in the entrustment act
*
The requirement to include the arrangements for
avoiding and repaying any overcompensation in the
entrustment act
*
The requirement to refer to the 2012 SGEI Decision
in the entrustment act
*
The requirement that the amount of compensation
shall not exceed what is necessary to cover the net
cost incurred in discharging the public service
obligations, including a reasonable profit
*
The requirement that the company does not receive
more compensation than the amount determined in
accordance with the requirements outlined above
and in case this would happen that it can be
recovered (recovery of overcompensation).
37 Please explain your answers
3000 character(s) maximum
*
38
Have you experienced difficulties in calculating and applying the ‘reasonable
profit’ requirement as explained in
Article 5 of the 2012 SGEI Decision
?
The basic principles and criteria set out in the current framework are fundamental for a
transperent application of the rules in cases of no prior notification to the Commission in order to
limit distortion of competition.
‘Reasonable profit’ means the rate of return on capital that would be required by a
typical undertaking considering whether or not to provide the service of general
economic interest for the whole period of entrustment, taking into account the level
of risk.
A lot of difficulties
Few difficulties
No difficulties
I do not know / this rule is not relevant for me
39 Please explain your answer
1000 character(s) maximum
More guideance would be welcome.
40 Based on your experience, compared to 2012, when the SGEI package entered
into force, do you consider that the risk of distortion of competition in the health and
social services sector is still lower than in other sectors?
12
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0013.png
I do not know /
Fully
agree
*
Health sector
*
Social housing
*
Long-term care
*
Childcare
*
Access and reintegration
into the labour market
*
Care and social inclusion
of vulnerable groups
Partially
agree
Neutral
Partially
disagree
Fullly
disagree
this sector is
not relevant for
me
41 Please explain your answers
3000 character(s) maximum
In genereal the Danish health and social sector is non-economic in nature. However, the
development of new markets in this field makes the SGEI-rules more relevant.
Specific questions - Coherence (Does the policy complement other actions
or are there contradictions?)
In this section, we would like to understand the extent to which the State aid rules for health and
social services are coherent with each other and with other EU rules.
*
42
Based on your experience, are the SGEI rules (the SGEI Decision, SGEI
Framework, the SGEI Communication and the SGEI de minimis Regulation) insofar
as they are applicable to health and social services coherent with each other?
Yes, fully coherent
Yes, partially coherent
Neutral
No, partially incoherent
No, fully incohorent
I do not know / no opinion
43 Please explain your answer
1000 character(s) maximum
To our knowlegde the SGEI-rules are coherent with each other. However, there is a need for
stronger coherence between the SGEI Comminucaltion and the Notion of Aid Communication.
Specific questions - EU added value (Did EU action provide clear added
value?)
13
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0014.png
In this section, we would like to have your view concerning the EU added value of the SGEI rules for
health and social services subject to the current evaluation.
*
44
To the extent you are in a position to answer this question, has the 2012 SGEI
package, with regard to health and social services, allowed for a better task
allocation between the Commission and Member States?
Yes, fully agree
Yes, partially agree
Neutral
No, partially disagree
No, fully disagree
I do not know / no  opinion
45 Please explain your answer
1000 character(s) maximum
In our view the SGEI-package is in line with the Commission's approach to be big on big cases
and small on small cases.
Specific questions - SGEI de minimis Regulation
*
46
Is the amount of de minimis aid that can be granted under the
SGEI de minimis
Regulation
, i.e. up to EUR 500 000 over any period of three fiscal years, still
appropriate?
Yes
No, it is too high
Neutral
No, it is too low
I do not know
The SGEI de minimis Regulation is not relevant for me
47 Please explain your answer
3000 character(s) maximum
We find that the current SGEI-de minimis threshold is appropriate.
48 Do you have any additional comments on the application of the SGEI de
minimis Regulation?
3000 character(s) maximum
More guidance is needed i respect to compliance with the 4th Altmark criterium (efficient
undertaking) in cases where tender procedure is not possible and no proxi exists for determination
of cost for an average well run undertaking.
Final comments and document upload
49 Is there anything else with regard to the 2012 SGEI package that you would like
to add?
3000 character(s) maximum
We would recomend the Commission to adopt a Notice on the Notion of SGEI as a supplement
to the Notice on the Notion of Aid.
14
 EUU, Alm.del - 2019-20 - Bilag 117: Notat samt høringssvar vedrørende Kommissionens evaluering af SGEI-reglerne på social- og sundhedsområdet (statsstøtteregler)
2100717_0015.png
50 You may upload a file that further explains your position in more detail or further
details the answers you have given
The maximum file size is 1 MB
Only files of the type pdf,txt,doc,docx,odt,rtf are allowed
*
51
Please indicate whether the Commission services may contact you for further
details on the information submitted, if required.
Yes
No
THANK YOU FOR RESPONDING TO THIS QUESTIONNAIRE.
15