. /.  WORLD TRADE  
ORGANIZATION   
G/SCM/Q2/EU/21 
30 August 2012 
 (12-4687) 
Committee on Subsidies and 
Countervailing Measures Original:   English 
 
 
 
SUBSIDIES 
 
Questions Posed by the UNITED STATES Regarding the New 
and Full Notification of the EUROPEAN UNION1 
  
 The following communication, dated 15 August 2012,  is being circulated at the request of the 
delegation of the United States. 
 
_______________ 
  
Spain 
 
Fisheries – Pilot Projects  
 
Question 1 
 
 Program C in the Fisheries section has a limitation on its program objective, which provides 
that the program shall not increas e the fishing capacity of vessels. Does the "Pilot Projects" program 
have a similar limitation?  Are there any provisions  within this program to prevent the increase of 
fishing capacity for recipients of aid under this program? 
 
 
De Minimis2;  State Aid3 and Block Exemption4 Funding  
 
Question 2 
  According to publically available informa tion, it is our understanding that Spain was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years) as well as funding under State Aid and Block Exemption rules.  Please 
describe the programs under which funds are provided and, if any of the programs have not been 
notified, please explain why. 
                                                      
1 G/SCM/N/220/EEC/Add.25.   
2 Commission Regulation (EC) 875/2007 on the application of Articles 87 and 88 of the EC Treaty to 
de minimis aid in the fisheries sector and amending Regulation (EC) 1860/2004, Official Journal, L 193/6 
3 See, for example, http://ec.europa.eu/competition/state_aid/studies_reports/expenditure.html  
4 See, for example, 
http://ec.europa.eu/fisheries/state_aid/bl ock_exemption_information/xf7_2009_es.pdf  G/SCM/Q2/EU/21 
Page 2 
 
 
  European Agricultural Guarantee F und (EAGF) Compensation for Fisheries  
 
Question 3 
  According to publicly available information, the owners and operators of fishing vessels in 
the Canary Islands may off-set up to 100 per cent of  the costs of transporting fishery products to 
continental Europe, as well as additional costs related to marketing the products.  Pursuant to Council 
Regulation No. 791/2007, the EAGF provides compensation for this purpose up to EUR 5,844,076 annually for the Canary Islands.
5  Please describe how the program works.  Please explain why this 
program has not been notified. 
 
Customs Duty Exemptions on Fishery  Products to the Canary Islands  
 
Question 4 
  According to publicly available information,  fishery products may be imported into the 
Canary Islands free of customs duties. Specifica lly, Council Regulation No. 645/2008 suspends the 
Common Customs Tariff duties on imports into th e Canary Islands of various fishery products 
between the years 2007 and 2013.
6  The benefits for Canarian companies from this special customs 
regime are estimated to be around EUR 10 million every year in import duties on seafood products.  Please describe how the program works. And expl ain why the program has not been notified. 
 
Direct Subsidies to the Spanish National Fleet  
 
Question 5 
  According to the 2011 Annual Economic Report on the EU Fishing Fleet (STECF-11-16)
7, 
the Spanish national fleet received direct subsidies in the amount of EUR 62.8 million in 2009.  Could 
Spain please indicate which subsidy programs this  reported amount accounts for?  If any such 
programs have not been notified previously, please explain why. 
  
 
__________  
                                                      
5 Council Regulation (EC) No. 791-2007 of 21 May 2007 on introducing a scheme to compensate for 
the additional costs incurred in the marketing of certain fishery products from the outermost regions the Azores, 
Madeira, the Canary Islands, French Guiana and Réunion, Official Journal L 176/1.   
6 Council Regulation (EC) No. 645/2008 of 8 July 2008 on opening and providing for the 
administration of autonomous Community tariff quotas on imports of certain fishery products into the Canary 
Islands, Official Journal L 180/1. 
7 2011 Annual Economic Report on the EU Fishing Fleet (STECF-11-16). Scientific, Technical and 
Economic Committee for Fisheries (STECF), http://stecf.jrc.ec.europa.eu/documents/43805/256769/11-
11_STECF+11-16+-+2011+AER+on+the+EU+fishing+fleet_JRC67866.pdf