Source: Dispatch of the Federal Council on the Bilateral III package, Chapter 2.2.1–2.2.4 (pp. 144–150)
PDF of the Dispatch
The state aid provisions in the Switzerland–EU package concern only three internal market agreements: the Air Transport Agreement (ATA), the Land Transport Agreement (LTA) and the future Electricity Agreement. They ensure that state aid does not distort competition between Swiss and EU undertakings in these areas. The system follows a two-pillar approach: Switzerland monitors with its own authority (aid chamber within COMCO), the EU with its existing system. Public service, the agricultural sector, cultural promotion and numerous other areas remain expressly excluded.
Aid monitoring covers exclusively aid falling within the scope of the three agreements concerned. Not covered are in particular:
This clear delineation was a central negotiation objective of Switzerland and was fully achieved.
The monitoring system is based on the principle of institutional autonomy of both parties:
| Pillar | Jurisdiction | Monitoring authority |
|---|---|---|
| Swiss pillar | Aid on Swiss territory | COMCO (aid chamber) |
| EU pillar | Aid in EU Member States | European Commission |
Switzerland does not have to accept any supranational court. Disputes are resolved through the existing dispute settlement mechanisms of the respective agreements.
The Competition Commission (COMCO) receives a new aid chamber with the following features:
The consultation showed broad approval of the chosen approach:
A generous transitional period applies to the introduction of aid monitoring:
| Aspect | Details |
|---|---|
| Agreements concerned | ATA, LTA, Electricity Agreement (only 3 out of ~20 agreements) |
| Monitoring model | Two-pillar approach (CH/EU each autonomous) |
| CH authority | Aid chamber within COMCO |
| Scope | Strictly limited to the 3 agreements |
| Public service | Expressly NOT affected |
| Agricultural sector | Expressly NOT affected |
| Transitional period | 5 years after entry into force |
| Consultation | Broad approval |
| Negotiation objective | Fully achieved |