RESTRICTEDWORLD TRADE
ORGANIZATIONG/SCM/Q2/EEC/24
18 April 2001
(01-1954)
Committee on Subsidies
and Countervailing MeasuresOriginal:  English
SUBSIDIES
Questions Posed by AUSTRALIA Regarding the
Updating Notification of the EUROPEAN COMMUNITIES:1
The following communication, dated 17 April 2001, has been received from the Permanent
Mission of Australia.
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MEASURES AFFECTING PRODUCTS PROCESSED FROM PEACHES
Please advise EC production of clingstone peaches for the years 1996 onwards.
• Are clingstone peaches consumed in any way other than through processing within the EC?  If so,
please provide details of consumption and quantities of clingstone peaches used for suchalternative non-processing consumption.
• Are freestone peaches used in processed peach and/or mixed fruit products within the EC?  If so,
please advise quantities used.
• Please advise quantities of fresh peaches (by clingstone and freestone varieties where appropriate)
used for the production of processed peach and mixed fruit products and other processedproducts, eg, juice, paste, for the years 1996 onwards.
Please advise EC production of products processed from peaches, by CN code as referred to
in Annex I of Council Regulation 2201/96 as am ended and Article 1 of Commission Regulation
449/2001 (previously Regulation 504/97), for whic h production aid was paid for the years 1996
onwards.
• Please advise total amounts paid as production aid by CN code for the years 1996 onwards.
Please advise rates of production aid paid in respect of mixed fruit products, and the
relationship of these rates to the production aid for processed peach (and/or pear) products, for the
years 1996 onwards.
• Please advise how mixed fruit products were accounted for within the guarantee thresholds for
processed peach (and/or pear) products for the years 1996 onwards.
Please advise, by individual codes, EC domestic consumption of processed peach and mixed
fruit products for the years 1996 onwards.
                                                     
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Please advise, by individual code, the quantities of processed peach and mixed fruit products
which have been exported from the EC for the years 1996 onwards.
Please advise the quantities of processed peach and mixed fruit products, by CN code,
produced within the EC for which production aid has not been paid for the years 1996 onwards
(Commission Regulation 504/97, Article 5, refers).
Please advise the prices at which EC processed peach and mixed fruit products have been sold
on the domestic and export markets for the years 1996 onwards.
Council Regulation 2699/2000 added “mixtures of fruit, whole or in pieces, in syrup and/or
in natural fruit juice, containing at least [60 per cent] peaches and pears”, CN codes ex 2008 92 and
ex 2008 99, to the processed products covered by the Community aid scheme under Article 2 of
Council Regulation 2201/96.
What is the significance of the figure 60 per cent being placed in square brackets in Council
Regulation 2699/2000?
DISPOSAL ARRANGEMENTS FOR WITHDRAWN FRESH PEACHES
Under Article 30 of Council Regulation No. 2200/96 as amended and Articles 12, 14a and
14b of Commission Regulation No. 659/97 as amended, fresh peaches withdrawn from the market
may be processed for subsequent distribution to approved charitable organizations.  The cost of
processing such fresh peaches is to be met through the supply of an additional quantity of fresh
peaches withdrawn from the market as a payment in kind to the processor.
Please advise whether any peaches withdrawn from the market have been processed for
subsequent distribution to approved charitable organizations under these regulatory provisions.
• If so, please provide details of the quantities of fresh product processed on behalf of the charitable
organizations, and the quantities of fresh product made available to the relevant processors as
payment in kind.
Under Article 15 and Annex V of Commissi on Regulation No 659/97 as amended, the
Commission pays the cost of transport of withdr awn products intended for charitable distribution,
including transport costs to, and onwards from, a processing establishment where appropriate.
If withdrawn peaches have been processed for subsequent charitable distribution, please
advise which entity met the costs of transport of fresh product provided as payment in kind.
In addition to charitable distributions, under Article 30 of Council Regulation No. 2200/96 as
amended, fresh peaches withdrawn from the market may also be disposed of for non-food purposes,
use in animal feed, to the processing industry, and  for processing into alcohol of a strength of more
than 80 per cent volume by direct distillation of the product.
Please advise whether any fresh peaches withdrawn from the market have been disposed of in
accordance with this provision.
• If so, please advise the quantities of peaches disposed of to non-charitable destinations, the
recipients of the withdrawn products, and the prices (if any) paid by the recipient industries, for
the years 1996 onwards.G/SCM/Q2/EEC/24
Page 3
Further, Article 30.1(d) of Council Regulatio n No. 2200/96 as amended provides for the
“disposal of certain classes of product to the processing industry on condition that there is no
resulting distortion of competition for the industrie s concerned within the Community or for imported
products.  The implementation of this provision sh all be decided in accordance with the procedure
laid down in Article 46”.
Please advise whether a regulation to implement this provision has been adopted.
• If so, please advise whether the provision has been used and, if so, provide full details of the
products, quantities and recipients involved.
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