Source: Dispatch of the Federal Council on the Bilateral III package, Chapter 2.2.7 (pp. 164–170)
PDF of the Dispatch
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.
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 |
The aid chamber is a new specialised unit within the existing Competition Commission:
The examination procedure follows a three-stage process:
A central feature of the Swiss system is the non-binding character of the opinions:
Legal protection is provided exclusively through Swiss courts:
| 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:
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 |
| 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 |