付録18 WTO: EUから韓国への回答
WORLD TRADE ORGANIZATION
24 February 2003
Committee on Subsides and Countervailing Measures
Replies by the EUROPEAN COMMUNITIES to the Request from KOREA1 Pursuant to Article 25.8 of the Agreement on Subsidies and Countervailing Measures
The following communication, dated 14 February 2003, has been received from the Permanent Mission of the European Communities.
The European Community provided replies to the following questions to the extent that the information was available and could be collected in view of the vast amount of information requested and the requirement to provide the information as quickly as possible. The replies are limited, in line with Articles 25.8 and 25.9 of the Agreement on Subsidies and Countervailing Measures (ASCM), to the nature and the extent of any scheme on which information was requested. Consequently, the replies do not include any business confidential information. Finally, the replies are without prejudice to the issue whether the scheme constitutes a specific subsidy in the meaning of the AS.
||GENERAL QUESTIONS ON THE EUROPEAN COMMUNITY ("EC")'S LEGAL FRAMEWORK FOR
AID TO THE SHIPBUILDING SECTOR'
||Can the EC confirm that its basic legal framework
for aid to shipbuilders is set forth in Council Regulation (EC) No 1540/98 of
29 June 1998 establishing new rules on aid to shipbuilding 22("Regulation
1540/98") and Council Regulation (EC) No 1177/2002 of 27 June 2002 concerning
a temporary defensive mechanism to shipbuilding3
||Can the EC confirm that Regulation 1540/98 controls aid granted by the Member States of the EC to the shipbuilding sector in relation to the building, conversion or repair of self-propelled seagoing commercial vessels of 100gt and above, tugs of 365 kW and above, and fishing vessels over 100gt for export? Can the EC also confirm that Regulation 1540/98 applies both to aid granted directly to shipbuilding undertakings and to other entities related to them whether directly or indirectly financed by EC Member States or their regional or local authorities or financed through State resources in any form whatsoever?
Generally speaking, this statement is correct. For the full scope of the Regulation 1540/98 we refer to its preamble and its Articles 1 and 2.
||Can the EC confirm that the different types of aid
covered by Regulation 1540/98 are as follows?:
||Operating aid in the form of contract-related aid
supporting shipbuilding and ship-conversion projects up to a maximum of 9 per
cent of the contract value before aid.4 Can
the EC confirm that the provision on this operating aid lapsed on 31 December
2000 but the permitted subsidies can continue to apply to contracts entered into
force before that date, for vessels to be delivered up to the end of 2003 or even
longer in exceptional cases?
Can the EC confirm that operating aid is also contemplated in the form of state-supported credit facilities, which are considered compatible with EC provisions if they comply with the terms of the OECD Sector Understanding on Export Credits for Ships. Is it correct that OECD-compatible credit facilities are not counted towards the maximum ceiling for permissible operating aid?
Generally speaking, these statements are correct. The specific conditions for the granting of such aid are provided for in Article 3 of Council regulation 1540/98 (enclosed).
||Closure aid to defray the normal costs resulting
from the partial closure of shipbuilding, ship repair or ship conversion yards
and leading to an irreversible reduction in production capacity.
Generally speaking, this statement is correct. The specific conditions for the granting of such aid are provided for in Article 4 of Council Regulation 1540/98 (enclosed).
||Restructuring aid for firms in difficulty in the form of capital injections,debt
write-offs, subsidized loans, loss compensation and guarantees, which is granted
on one-off basis and leads to an irreversible reduction in production capacity.
Generally speaking, this statement is correct. The specific conditions for the granting of such aid are provided for in Article 5 of Council Regulation 1540/98 (enclosed).
||Other aid measures in the form of investment aid
for innovation, regional investment aid, aids to defray research and development
expenditure and aid defraying costs for environmental protection.
Generally speaking, this statement is correct. The specific conditions for the granting of such aid are provided for in Articles 6-9 of Council Regulation 1540/98 (enclosed).
||Can the EC confirm that Regulation 1177/2002 reinstates operating aid up to a maximum intensity of 6 per cent of contract value before aid in support of contracts for the building of container ships, product and chemical tankers as well as LNG carriers to be delivered within three years from the date of signing of the contract (extension of the three-year delivery deadline remains possible in special circumstances)?
Concerning the reply to this question the European Commission would refer to Council Regulation 1177/02 (enclosed). It can be noted that aid for LNG carriers is not permitted at this stage (mid February 2003).
||In the terms of the Regulation, such operating aid
will be considered compatible with the Common Market when there has been competition
for the contract from a Korean shipyard offering a lower price. Can the EC elaborate
on how this requirement is assessed in practice?
Pursuant to Article 2 of Council Regulation 1177/02 (enclosed), the Commission is currently assessing notifications of aid schemes from Member States based on Council Regulation 1177/02, and can therefore not comment on this aspect.
||Can the EC confirm that contracts eligible for aid
under Regulation 1177/2002 are those signed from 24 October 2002 (i.e. the date
that the European Commission's Notice announcing the initiation of WTO dispute
settlement proceedings against Korea as a result of the investigation conducted
under the Trade Barrier Regulation concerning certain alleged subsidies received
by the Korean shipbuilding industry was published), until one month after the
European Commission gives notice in the Official Journal of the European Communities
that these dispute settlement proceedings are resolved or suspended? Is it correct
that Regulation 1177/2002 will in any event expire on 31 March 2004?
The eligibility dates mentioned in this question are correct It is also true that the Regulation will in any event expire on 31 March 2004; it could however be terminated earlier if the reasons for its existence (i.e. the non-fulfilment by Korea of a bilateral Understanding of June 2000 and the existence of unfair Korean practic es) were to disappear.
||Can the EC confirm that aid in support of contracts
for the building of LNG carriers will, however, only be authorised for contracts
signed after the European Commission gives notice in the Official Journal of the
European Communities that it confirms, on the basis of investigations covering
the period of 2002, that the Community industry has suffered material injury and
serious prejudice in this market segment caused by the alleged Korean subsidies?
The Commission continues to monitor the market. The specific procedure and conditions for the granting of such aid are provided for in Article 2 of Council regulation 1177/02 (enclosed).
||Can the EC confirm that the aid permitted under
the above framework provisions is financed directly by the EC Member States or
their regional or local authorities or financed through State resources in any
Only aid granted by an EC Member State or through State resources in any form whatsoever which distorts of threatens to distort competition by favouring certain undertakings or certain goods, insofar as it affects trade between Member Sates, falls under the EU state aid rules.
||QUESTIONS ON THE EC'S SUBSIDY CASES
The Republic of Korea requests the European Commission (hereafter, "the Commission") and the EC Member States to respond to the following questions for the years 1998, 1999, 2000, 2001 and up to this date. The information should also include aid that has been and/or will be provided based on a shipbuilding contract signed before 2001 in respect of the ships to be delivered subsequently under the conditions set forth in Regulation 1540/98 and aid that may already have been approved or notified for approval under Regulation 1177/2902.
(Identification of Subsidies)
||Identify which subsidies were or have been granted,
or maintained, directly or indirectly, to the EC shipyards in terms of the following
The information in this questionnaire is requested irrespective of whether the subsidies are funded by the federal, regional, local authorities, other public bodies in the EC Member States or private institutions directed or entrusted by the authorities to grant these subsidies from their own funds or through funds made available by the EC.
2 O.J. No L 202, 18 July 1998, p.1.
3 O.J. No L 172, 2 July 2002, p.1.
4 For shipbuilding contracts with a contract value before aid exceeding £10 million, the ceiling is 9 per cent, for conversions, repairs for shipbuilding contracts of a lesser value, the ceiling is 4.5 per cent.