Commission Decision (EU) 2025/62 of 23 October 2024 on the aid schemes SA.56908 (... (32025D0062)
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Commission Decision (EU) 2025/62 of 23 October 2024 on the aid schemes SA.56908 (2023/C) (ex 2020/N) – Prolongation and modification of biogas scheme for motor fuel in Sweden and SA.56125 (2023/C) (ex 2020/N) – Prolongation and modification of scheme SA.49893 (2018/N) – Tax exemption for non-food-based biogas and bio-propane in heat generation implemented by Sweden (notified under document C(2024) 7313)
- COMMISSION DECISION (EU) 2025/62
- of 23 October 2024
- on the aid schemes SA.56908 (2023/C) (ex 2020/N) – Prolongation and modification of biogas scheme for motor fuel in Sweden and SA.56125 (2023/C) (ex 2020/N) – Prolongation and modification of scheme SA.49893 (2018/N) – Tax exemption for non-food-based biogas and bio-propane in heat generation implemented by Sweden
- (notified under document C(2024) 7313)
- (Only the English text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- DETAILED DESCRIPTION OF THE SCHEMES
- 2.1.
- Legal basis, form of aid and objective
- 2.1.1.
- Legal basis and form of aid
- 2.1.2.
- Notified modifications to the schemes as approved in the decisions SA.43302 and SA.49893
- 2.1.3.
- Objective
- 2.2.
- Beneficiaries and taxpayers
- 2.3.
- Aid level and monitoring of overcompensation
- 2.3.1.
- Motor fuel scheme
- 2.3.2.
- Heating fuel scheme
- 2.4.
- Budget and duration
- 2.5.
- Cumulation
- 2.6.
- Transparency and other provisions
- 2.7.
- Grounds for initiating the procedure
- 3.
- COMMENTS FROM INTERESTED PARTIES
- 3.1.
- Determinants of the growth of biogas imports
- 3.2.
- Alleged overcompensation
- 3.3.
- Other comments made by third parties
- 3.3.1.
- Accounting of RES targets
- 3.3.2.
- Feasibility of applying different tax rates
- 3.3.3.
- Additional remarks from Landwärme on cumulation of Swedish measures
- 4.
- COMMENTS FROM SWEDEN
- 4.1.
- Determinants of the growth of biogas imports
- 4.2.
- Alleged overcompensation
- 4.3.
- Other comments
- 4.3.1.
- Accounting of RES targets
- 4.3.2.
- Feasibility of applying different tax rates
- 4.3.3.
- Additional remarks from Landwärme on cumulation of Swedish measures
- 5.
- ASSESSMENT OF THE SCHEMES
- 5.1.
- Existence of aid
- 5.1.1.
- Imputability and State resources
- 5.1.2.
- Selective advantage and beneficiaries
- 5.1.3.
- Effect on trade and impact on competition
- 5.1.4.
- Conclusion on the presence of State aid
- 5.2.
- Lawfulness of the aid
- 5.3.
- Compatibility of the aid
- 5.3.1.
- Legal basis for assessment
- 5.3.2.
- Assessment under the EEAG
- 5.3.2.1. Positive condition: the aid must facilitate the development of an economic activity
- 5.3.2.1.1. Development of an economic activity
- 5.3.2.1.2. Incentive effect
- 5.3.2.1.3. Absence of breach of any relevant provision of Union law
- 5.3.2.2. Negative condition: the aid measure must not unduly affect trading conditions to an extent contrary to the common interest
- 5.3.2.2.1. The market affected by the aid
- 5.3.2.2.2. The positive effects of the aid measure
- 5.3.2.2.3. The negative effects of the aid measure on the internal market: the aid measure minimizes the distortions on competition and trade
- 5.3.2.2.3.1. Need for State intervention
- 5.3.2.2.3.2. Appropriateness
- 5.3.2.2.3.3. Proportionality (including cumulation)
- 5.3.2.2.3.3.1. Proportionality
- 5.3.2.2.3.3.2. Cumulation
- 5.3.2.2.3.3.2.1. Cumulation with production aid at national level
- 5.3.2.2.3.3.2.2. Cumulation with production aid in certain Member States
- 5.3.2.2.3.3.2.3. Conclusion on cumulation
- 5.3.2.2.3.3.3. Conclusion on proportionality (including cumulation)
- 5.3.2.2.4. Weighing up the positive effects of the aid with the negative effect on the internal market
- 5.3.2.3. Transparency
- 5.3.2.4. Firms in difficulty or subject to an outstanding recovery order
- 5.3.2.5. Conclusion on the compatibility of the schemes
- 5.3.3.
- Assessment under the CEEAG
- 5.3.3.1. Positive condition: the aid must facilitate the development of an economic activity
- 5.3.3.1.1. Identification of the economic activity which is being facilitated by the measure, its positive effects for society at large and, where applicable, its relevance for specific policies of the Union
- 5.3.3.1.2. Incentive effect
- 5.3.3.1.3. No breach of any relevant provision of Union law
- 5.3.3.1.4. Conclusion
- 5.3.3.2. Negative condition: the aid cannot unduly affect trading conditions to an extent contrary to the common interest
- 5.3.3.2.1. Necessity of the aid
- 5.3.3.2.2. Appropriateness
- 5.3.3.2.3. Eligibility
- 5.3.3.2.4. Proportionality (including cumulation)
- 5.3.3.2.4.1. Proportionality
- 5.3.3.2.4.2. Cumulation
- 5.3.3.2.4.3. Conclusion on proportionality (including cumulation)
- 5.3.3.3. Transparency
- 5.3.3.4. Avoidance of undue negative effects on competition and trade
- 5.3.3.5. Weighing up the positive and negative effects of the aid
- 5.3.3.6. Companies in difficulty and under recovery order
- 5.3.3.7. Conclusion on the compatibility of the schemes
- 6.
- CONCLUSION
- Article 1
- Article 2
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