WORLD TRADE  
ORGANIZATION   
G/SCM/Q2/EU/10 
27 January 2012 
 (12-0547) 
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 26 January 2 012, is being circulated at the request of the 
Delegation of the United States. 
 
_______________ 
  
European Union 
 
Question 1 
 Aid for Energy Crops 
 
 Could the EU please provide information on th e extent to which its Member States have 
availed themselves of the authorization to pay nati onal aid for establishing permanent crops under this 
program?  Also, could the EU please provide informa tion on the crops grown on the hectares eligible 
for this program, specifically the types of cr ops grown and the relative amount grown of each? 
 
Question 2 
 European Energy Recovery Programme 
 
 Please explain what the eligibility criteria under this program are.  Also, please explain 
whether there is any requirement to locally sour ce inputs for the development of the energy related 
projects.   Question 3 
 
Second Financial Instrument Scheme 
  In addition to supporting obligatory payments to RFMOS,  it is our understanding that this 
program also supports Fishery Partnership Agreem ents (FPA) between the EU Member States and 
                                                      
1 G/SCM/N/220/EEC, G/SC M/N/220/EEC.Add.2, G/SCM/N/220/EEC/Add.3, 
G/SCM/N/220/EEC/Add.4, G/SCM/N/220/EEC/Add.5, G/SCM/N/220/EEC/Add.6, G/SCM/N/220/EEC/Add.7, 
G/SCM/N/220/EEC/Add.8, G/SCM/N/220/EEC/Add.9, G/SCM/N/220/EEC/Add.10, 
G/SCM/N/220/EEC/Add.12, G/SCM/N/220/EEC/Add.13, G/SCM/N/220/EEC/Add.14, 
G/SCM/N/220/EEC/Add.15, G/SCM/N/220/EEC/Add.16, G/SCM/N/220/EEC/Add.18, 
G/SCM/N/220/EEC/Add.19, G/SCM/N/220/EEC/Add.20, G/SCM/N/220/EEC/Add.21, 
G/SCM/N/220/EEC/Add.23, G/SCM/N/220/EEC/Add.26.   G/SCM/Q2/EU/10 
Page 2 
 
 
  third countries.  Please explain whether the indi vidual FPA's stipulate catch quotas which must be 
adhered to by the EU Member State.  
 
Belgium 
 Question 1 
 
Order of 12 February 2002 Concerning the Encour agement and Financing of Scientific Research and 
Technological Innovation 
 
Order of 26 March 2009 on the Promotion of  Research, Development and Innovation 
 
For each of the above programs, please explain whether companies in all industries are 
eligible to receive interest-free lo ans?  What are the principal industries that benefit from each of 
these programs?  Please explain what is meant by the interest-free loan being "repayable upon 
marketing". 
 
Question 2 
 
Decree of 3 July 2008 on Support for Research, De velopment and Innovation in the Walloon Region 
 
Please explain exactly what form of aid is being provided to the beneficiaries of this program 
(e.g., tax exemptions, preferential loans, grants  etc).  Belgium states that the aid is "not granted 
automatically, but depends on an asse ssment of the quality of the project ".  Please provide more 
details regarding the eligibi lity criteria under this program. 
 
Question 3 
 
De Minimis Funding 
 
 According to publically available information2, it is our understanding that Belgium was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which funds are provided and, if any 
of the programs have not been notified, please explain why. 
 
Bulgaria 
 Question 1 
 Support to Regional Development 
 
Benefits under this program are described as available to "Any taxable person who has 
fulfilled specified conditions in the art. 189 of CITA".  Please explain whether these specified 
conditions for receiving benefits under this program are different from those conditions listed in the 
notification on the use of the retained tax benef its (e.g., a higher-than-average rate of regional 
unemployment, a five year investment minimum, and a 25% funding requirement). 
                                                      
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.    G/SCM/Q2/EU/10 
 Page 3 
 
 
  Question 2 
 
Support to Environmental Protection 
 
 Please clarify the original excise duty for biofuels  that are covered by this program, and the 
amount by which these duties are reduced by this program. 
 
Cyprus 
 
Question 1 
 
Grant for Strengthening the Laboratory Infrastructure in Cyprus 
 Grant for Strengthening the Laboratory Infr astructure in Cyprus (Selectable Areas) 
 
Grant for Strengthening the Laboratory Infrastructure in Cyprus in the Form of De Minimis 
 
 These programs provide grants to help laborat ories cover expenses related to equipment, 
buildings and accreditation.  What are the criteria fo r determining what kind of facility qualifies as a 
"laboratory"?  Please explain whether manufacturers with R&D facilities are eligible for assistance 
under these programs.  If manufacturers are eligible  for assistance under these programs, are there any 
restrictions as to the types of manuf acturers that qualify for this assistance? 
 
Question 2 
 Grant for Strengthening the Laboratory Infrastructure in Cyprus in the Form of De Minimis  
  According to Cyprus, this program was availa ble until the end of 2007;  however, payments 
continued to be made in 2009 and 2010 for applications submitted be fore the end of 2007.  Why are 
payments continuing to be made after the end of the program, and how many years will they continue 
to be made?  Question 3 
 
Export Subsidies 
  In 2009, Cyprus submitted an updating notifi cation (G/AG/N/CYP/16) on its export subsidy 
commitments through April 2004.  The notification in cluded a number of export subsidies that Cyprus 
maintained and that it committed to reduce and elim inate.  Could Cyprus please provide an update on 
those subsidies and confirm whether all of the listed export subsidies have been eliminated? 
 Question 4 
 De Minimis Funding 
 
 According to publically available information3, it is our understanding that Cyprus was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds were provided 
and, if any of the programs have not  been notified, please explain why. 
 
 
                                                      
3 Id.   G/SCM/Q2/EU/10 
Page 4 
 
 
  Czech Republic 
 
Question 1 
 Investment Incentives 
 Operational Programme Enterprise and Innovations:  Progress, Guarantee, Development, Eco Energy 
 
Innovation, Potential, Cooperation, Prosperity Real Estates 
  For both of the above-listed programs, could the Czech Republic please clarify the eligibility 
criteria that must be met for companies to receive incentives under these programs?   
 
Denmark 
 
Question 1 
 
 According to publically available information4, Denmark provides the following state aid to 
small and medium-sized enterprises active in th e production, processing and marketing of fisheries 
products.  Please explain why this program wa s not notified pursuant to Article 25 of the 
SCM Agreement?  
 
 Lov om fiskeri og fiskeopdræt (fiskeriloven), jf. lovbekendtgørelse nr. 978 af 
26. September 2008 
 
Estonia 
 
Question 1  
 
According to publically available information5, Estonia provided state aid to small and 
medium-sized enterprises active in the production,  processing and marketing of fisheries products.  
Please explain why this program was not notified pu rsuant to Article 25 of the SCM Agreement. 
 
 Maaelu Edendamise Sihtasutus tagatiste abik ava raames tagatise saamiseks esitatavad nonded 
ja tagatise taotlemise kord 
 Question 2 
 
De Minimis Funding 
  According to publically available information
6, it is our understanding that Estonia was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds were provided 
and, if any of the programs have not  been notified, please explain why. 
                                                      
4 http://ec.europa.eu/fisheries/state_aid/bl ock_exemption_information/xf10_2009_da.pdf  
5 http://ec.europa.eu/fisheries/state_aid/bl ock_exemption_information/xf2_2009_et.pdf  
6 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.  G/SCM/Q2/EU/10 
 Page 5 
 
 
  Finland 
 
Question 1 
  According to publically available information
7, Finland has granted aid to manage fish stocks 
and the aquatic environment in the Baltic coastal wa ters.  It appears that this program was to be 
implemented no earlier than 1 April 2011.  Please explain whether Finland maintained similar fishery 
programs during the reporting period covered by your Notification.  If so, provide a full description these programs.  
 
Question 2 
 State Aid Funding 
 
 According to publically available information8, it is our understanding that Finland provided 
€2,000,000 in state aid to support its fishery industry for, inter alia , natural disaster, tax relief, labor-
related costs for EU vessels fishing for tuna or t una-like species outside EU waters and for marketing 
of fishery products from EUs outermost regions.  Please describe the programs under which these 
funds were provided and, if any of the program s have not been notified, please explain why. 
 
Question 3 
 
De Minimis Funding 
 
 According to publically available information9, it is our understanding that Finland was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds were provided 
and, if any of the programs have not  been notified, please explain why. 
 France 
 
Question 1 
 
Tax Credit to Promote Research 
 
 Please provide a list of the industry sectors that received tax credits under this programme 
during the reporting period.   
 
Question 2  
National Research Agency (ANR) 
  The notification states that there were fort y-nine calls for projects under this programme 
in 2010.  Please explain the purpose of these project calls.  Do the project calls prescribe the type of 
research that will be funded?  If so, please provide a list of the projects. 
                                                      
7 Information communicated by Member States regarding State aid granted under Commission 
Regulation (EC) No 736/2008 on the application of Articles 87 and 88 of the Treaty to State aid to small and 
medium-sized enterprises active in the production, processing and marketing of fisheries products Aid 
No: SA.32621 (2011/XF). 
8 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html  
9 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.   G/SCM/Q2/EU/10 
Page 6 
 
 
  Question 3 
 
Fund for Enterprise Competitiveness (FCE) 
 
 Please explain what is meant by "strategic" projects that are funded under this programme.  
Please also provide information regarding the number of enterprises and the industry sectors that 
received funding under this programme during the re porting period.  Are non-EU enterprises eligible 
for funding under this programme?  Question 4 
 
OSEO Innovation Aid Scheme for Rese arch, Development and Innovation (RDI) 
 
 Please provide information regarding the number of enterprises and the industry sectors that received funding under this programme during the re porting period.  Are non-EU enterprises eligible 
for funding under this programme? 
 
Question 5 
 
Industrial Innovation Agency Aid for Industr ial Innovation Promotion Programmes (PMII) 
 
 What are the criteria used to determine if a product qualifies as "new high technology" under 
the programme?  Please also provide information re garding the number of enterprises and the industry 
sectors that received funding under this progra mme during the reporting period.  Are non-EU 
enterprises eligible for funding under this programme? 
 Question 6 
 
Aid to Research Institutions in the Civil Aviation Sector 
  Is the research funded under this program made available to the public?  Question 7 
 
Civil Aviation Research 
  Is funding under this program provided to ma nufacturers or their suppliers of large civil 
aircraft? 
 
Question 8 
 
 According to publically available information
10, France provides state aid to small and 
medium-sized enterprises active in the production,  processing and marketing of fisheries products.  
Please explain why this programme was not notified pursuant to Article 25 of the SCM Agreement.  
 
 Aid awarded to the Groupement de Défense Sanitaire Aquacole d'Aquitaine (GDSAA); 
Contrat de Projets État-Région (CPER) Aquitaine 2007-2013 
                                                      
10 http://ec.europa.eu/fisheries/state_aid/bl ock_exemption_information/xf14_2009_en.pdf  
  G/SCM/Q2/EU/10 
 Page 7 
 
 
  Question 9 
 
State Aid Funding 
 
 According to publically available information11, it is our understanding that France provided 
€88,000,000 in state aid to support its fishery industry for, inter alia , natural disaster, tax relief, labor-
related costs for EU vessels fishing for tuna or t una-like species outside EU waters and for marketing 
of fishery products from the EU's outermost regi ons.  Please describe the programs under which these 
funds are provided and, if any of the progra ms have not been notified, please explain why. 
 
Question 10 
 De Minimis Funding 
 
 According to publically available information12, it is our understanding that France was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds were provided 
and, if any of the programs have not  been notified, please explain why. 
 
Hungary 
 
Question 1 
 
Budgetary Scheme Earmarked for Investment Promotion 
  The scheme is designed to promote, among othe r things, the enhancement of international 
competitiveness.  Can Hungary please provide details  of the eligibility criteria and guidelines for 
receiving incentives under this programme?  Among ot her details, can Hungary explain whether the 
incentives under this program are in any way contingent upon exportation?   
 
Ireland 
 
Question 1 
 
 According to publically available information13, Ireland provides state aid to small and 
medium-sized enterprises active in the production,  processing and marketing of fisheries products.  
Please explain why this program was not notified pu rsuant to Article 25 of the SCM Agreement? 
 
 Special Assistance for Young Fishermen Scheme  
 
Question 2 
 
State Aid Funding 
 
 According to publically available information14, it is our understanding that Ireland provided 
€6 million in state aid to support its fishery industry for, inter alia , natural disaster, tax relief, labor-
related costs for EU vessels fishing for tuna or t una-like species outside EU waters and for marketing 
                                                      
11 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html  
12 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.  
13 http://ec.europa.eu/fisheries/state_aid/block_exemption_information/sa_33012_2011_xf_en.pdf  
14 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html  G/SCM/Q2/EU/10 
Page 8 
 
 
  of fishery products from EUs outermost regions.  Please describe the programs under which these 
funds were provided and, if any of the program s have not been notified, please explain why. 
 
Question 3 
 
De Minimis Funding 
  According to publically available information
15, it is our understanding that Ireland was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds were provided 
and, if any of the programs have not  been notified, please explain why. 
 Italy 
 Question 1 
 Production Aid to Shipyards 
 Measures for Investments to Enhance Shipyard Production 
 
Special Fund for Applied Research 
 Extraordinary Intervention in the South of Italy 
 
Contribution to the Realization of National Energy  Plan Aimed at Rationalizing the Use of Energy 
and Renewable Energy Sources 
 
Please confirm whether these programs that were previously notified16 have been either been 
terminated or replaced by another program? 
 
Question 2 
 
Revolving Credit Facility for the Internationalization of Companies 
 
 Please explain what is meant by "Internationalization" of companies?  How is "commercial 
establishment" defined under this program?  Does a company need to have a facility located in a Non-
EU country or a certain level of exports to a Non-EU country to be considered as having a 
"commercial establishment"?  Are any of the benefits under this program contingent upon 
exportation?  
 
Question 3 
 Technological Innovation Fund (FIT) 
 
What sectors are included in the "main sectors requirements mentioned in the legal 
framework " for "big firms "?  How is it decided whether an eligible company will receive a grant or a 
soft loan?  Do the eligibility criteri a differ between the different benefits? 
                                                      
15 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. 
16 G/SCM/N/186/EEC/Add.14.  G/SCM/Q2/EU/10 
 Page 9 
 
 
  Question 4 
 Urgent Measures for the Economy-Automatic Incentives 
 
Please explain what is meant by "fiscal bonus in tax payment"?  What types of activities are 
eligible to receive tax concessions under this program?  Do all companies in all industries investing in 
machinery automatically receive tax concessions under this program?  What are the principal 
industries that benefit from this program?  According to Law 112/98, the administration of this program is now performed by the regions.  Do  the regional governments have control over the 
eligibility and funding for this program? 
 
Question 5 
 Fiscal Measures in Favour of Innova tion of Industrial Enterprises 
 
Please provide more information regarding the eligibility criteria for this program. 
Specifically, what types of activities are eligible to receive tax concessions under this program?  Do 
all companies in all industries investing in machin ery automatically receive tax concessions under this 
program?  What are the principal industries that benefit from this program?  According to 
Law 112/98, the administration of this program is now performed by the regions.  Do the regional 
governments have control over the elig ibility and funding for this program? 
 
Question 6 
 
Excise Duty Reduction on Some Products fo r Environmental Protection-Bioethanol 
 
Excise Duty Reduction on Some Products for Environmental Protection-Biodiesel 
 
Please confirm whether the above programs have been either been terminated or replaced by 
another program? 
 
Question 7 
  According to publically available information
17, Italy provides the following state aid to small 
and medium-sized enterprises active in the production, processing and marketing of fisheries 
products.  Please explain why each of these programs were not notified pursuant to Article 25 of the 
SCM Agreement?  
 Regolamento recante criteri e modalità per la c oncessione di contributi alle associazioni del 
settore pesca professionale e dell 'acquacoltura operanti in Regione, in attuazione 
dell 'articolo 5, comma 1, della legge regionale 28  dicembre 2007, n. 30 (Legge strumentale 
alla manovra di bilancio 2008); 
 Regolamento recante criteri e modalità per l'attu azione degli interventi creditizi in materia di 
pesca e acquacoltura erogabili ai sensi dell'artic olo 5, lettera n) de lla legge regionale 
20 novembre 1982 n. 80;  and  
 Arresto temporaneo della pesca marittima nelle acque prospicienti il territorio della Sardegna 
anno 2009 – sistemi di pesca a strascico e/o volante. 
                                                      
17 http://ec.europa.eu/fisheries/state_aid/block_exemption_information/xf11_2010_en.pdf , 
http://ec.europa.eu/fisheries/state_aid/bl ock_exemption_information/xf12_2009_en.pdf  and 
http://ec.europa.eu/fisheries/state_aid/bl ock_exemption_information/xf1_2010_en.pdf .   G/SCM/Q2/EU/10 
Page 10 
 
 
  Question 8 
 
State Aid Funding  
 
 According to publically available information18, it is our understanding that Italy provided 
€3,000,000 in state aid to support its fishery industry for, inter alia , natural disaster, tax relief, labor-
related costs for EU vessels fishing for tuna or t una-like species outside EU waters and for marketing 
of fishery products from EUs outermost regions.  Please describe the programs under which these 
funds are provided and, if any of the progra ms have not been notified, please explain why. 
 
Question 9 
 De Minimis Funding 
 
 According to publically available information19, it is our understanding that Italy was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which funds are provided and, if any of the programs have not been notified, please explain why. 
 
Latvia 
 
Question 1  
On Application of Taxes in Free Ports and Special Economic Zones 
 
According to Latvia, tax rebates under this pr ogram are only available to those enterprises 
that have signed an agreement with the Board of Special Economic Zones and Free Ports.  Could 
Latvia please provide more details about the terms of these agreements, including the requirements for 
companies to be eligible for the tax rebate under th is program?  What are the principal industries that 
benefit from this program? 
 
Question 2 
 
Development of New Products and Technologies – Aid for Implementation of New Products and 
Technologies in Production 
 
Development of New Products and Technologies – Aid for Implementation of New Products and 
Technologies in Production 2nd ROUND 
 
These programs support the development of new products or technologies in manufacturing 
by providing grants to cover equipment and intangi ble assets costs.  Is this program available to 
enterprises involved in manufacturing of any kind of product or technology?  What are the criteria for 
determining what kinds of products and technologies are funded under this program? 
                                                      
18 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html  
19 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. 
 
  G/SCM/Q2/EU/10 
 Page 11 
 
 
  Question 3 
 
Support to R&D Projects Financed Within the Fr amework of Eureka Programme Market-Oriented 
Research Programme  
 
Latvia's notification states that these programs co-finance or provide grants for projects that 
promote investments in R&D activities, such as i ndustrial research, experimental development and 
technical feasibility studies.  What are the criteria  by which decisions are made to fund projects?  
What sectors or industries benefit most from this program?  Question 4 
 Support to Production of Biofuels 
 
The notification states that reduced excise tax benefits are available under this program under 
the condition that "all criteria ar e made accordingly to the circul ation of this product which are 
necessary to ensure the payment of import duties".  Pl ease clarify what criteria must be met in order to 
receive the tax benefits under the program. 
 
Question 5 
 De Minimis Funding 
 
 According to publically available information20, it is our understanding that Latvia is 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds were provided 
and, if any of the programs have not  been notified, please explain why. 
 
Lithuania 
 Question 1 
 Support to Kaunas Free Economic Zone 
 
Please explain the criteria used by zone mana gement companies when deciding whether or 
not to license an entity to operate in the free economic zone. 
 
Question 2 
 
Support to Klaipeda Free Economic Zone 
 
 Please explain the criteria used by zone mana gement companies when deciding whether or 
not to license an entity to operate in the free economic zone. 
 
Question 3  
 
According to publically available information21, Lithuania provides state aid to small and 
medium-sized enterprises active in the production,  processing and marketing of fisheries products.  
Could the EU please explain why this program was not notified pursuant to Article 25 of the 
SCM Agreement? 
                                                      
20 Id. 
21 http://ec.europa.eu/fisheries/state_aid/bl ock_exemption_information/xf8_2010_en.pdf  G/SCM/Q2/EU/10 
Page 12 
 
 
   Parama gamtos ištekli ų apsaugai gerinti žuvininkyst ės tvenkiniuose [Aid to improve the 
protection of natural resources in fishponds]. 
 
Question 4  
 
State Aid Funding 
 
According to publically available information22, it is our understanding that Lithuania 
provided €1,000,000 in state aid to support its fishery industry for, inter alia , natural disaster, tax 
relief, labor-related costs for EU vessels fishing fo r tuna or tuna-like species outside EU waters and 
for marketing of fishery products from EUs outermost regions.  Please describe the programs under 
which these funds were provided and, if any of th e programs have not been notified, please explain 
why. 
 
Question 5 
 De Minimis Funding 
 
According to publically available information23, it is our understanding that Lithuania was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds were provided 
and, if any of the programs have not  been notified, please explain why. 
 
Malta 
 
Question 1 
 Reduced Rates of Tax on Reinvested Profits  
 
According to the notification, this program pr ovides reduced tax rates on the re-investment of 
profits in "qualifying projects".  These projects include both manufacturing companies and hotels.  
Please describe the criteria a project must meet to be determined a "qualifying project" and therefore 
eligible for the program benefits.  Is eligibilit y dependent on certain types of manufacturing? 
 Question 2 
 
Reduced Rates of Income Tax  
 
Malta provides reduced income tax rates for "qualifying companies engaged in activities as 
specified under Regulation 4(3) of the Business pr omotion regulations".  El igibility is dependent on 
the company undertaking any of the listed activities in the regulation, as well as not carrying out any 
disqualifying activities listed in the regulation.  Please clarify and describe the "qualifying activities", 
as well as the disqualifying activities, that determine a company's eligibility under this program.  
                                                      
22 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html  
23 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.  G/SCM/Q2/EU/10 
 Page 13 
 
 
  Question 3 
 
ERDF International Competitiveness Grant Scheme 
 
According to the notification, this program supports companies that establish new markets 
and/or introduce a new service or product in an existing market.  Assistance is provided to all 
undertakings involved in manufacturing "and those involved in internationally tradable services 
related to Information and Communica tions Technology, health care, education and training".  To the 
extent the decisions for program funding take into account export potential, please discuss this 
program in the context of Article 3 of the Subsidies Agreement. 
 
Question 4 
 
Innovative Start-Up Scheme 
 
This program provides assistance for start-up companies.  Out of three levels of assistance 
under the program:  
- The first level requires "a low innovation profile or a low potential for international 
trading."  
- The second level requires a company to be "significantly innovative or … have a 
potential to trade their products  or services internationally".  
- The third level requires that the company be highly innovative, "has a good potential of 
being traded internationally", or has a potentia l of collaborating with larger companies.  
 
To the extent this program takes into consid eration a company's export performance or export 
potential as a criterion for eligibility, please discuss th is program in the context of Article 3 of the 
Subsidies Agreement. 
 
Question 5  
Eureka Programme 
 
The EUREKA program provides grants to all sectors of the industry related to advanced 
technology development, particularly innovative undertakings.  Eligible innovative undertakings 
"must demonstrate that the research project woul d lead to the development of innovative products, 
processes and services based on such advanced technologies with a world-wide market potential".  To 
the extent this program takes into consideration a company's export performance or export potential as 
a criterion for eligibility, please discuss this program  in the context of Article 3 of the Subsidies 
Agreement. 
 
Question 6  De Minimis Funding 
 
 According to publically available information24, it is our understanding that Malta was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds are provided and, 
if any of the programs have not been notified, please explain why. 
                                                      
24 Id. G/SCM/Q2/EU/10 
Page 14 
 
 
  Netherlands 
 
Question 1 
 
State Aid Funding 
 
 According to publically available information25, it is our understanding that the Netherlands 
provided €5,000,000 in state aid to support its fishery industry for, inter alia , natural disaster, tax 
relief, labor- related costs for EU vessels fishing fo r tuna or tuna-like species outside EU waters and 
for marketing of fishery products from EUs outermost regions.  Please describe the programs under 
which these funds are provided and, if any of th e programs have not been notified, please explain 
why. 
 
Question 2 
 De Minimis Funding 
 
 According to publically available information26, it is our understanding that the Netherlands 
was permitted provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds were provided 
and, if any of the programs have not  been notified, please explain why. 
 
Poland 
 
Question 1  De Minimis Funding 
 
 According to publically available information27, Poland was permitted to provide "de 
minimis" funding to its fisheries sector (up to €30,000 per company over a period of three fiscal 
years). Please describe the programs under which these funds were provided and, if any of the 
programs have not been notified, please explain why. 
 
Portugal 
 
Question 1  
State Aid Funding 
  According to publically available information
28, it is our understanding that Portugal provided 
€4 million in state aid to support its fishery industry for, inter alia , natural disaster, tax relief, labor- 
related costs for EU vessels fishing for tuna or t una-like species outside EU waters and for marketing 
of fishery products from EUs outermost regions.  Please describe the programs under which these 
funds were provided and, if any of the program s have not been notified, please explain why. 
                                                      
25 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html  
26 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.   
27 Id. 
28 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html   G/SCM/Q2/EU/10 
 Page 15 
 
 
  Question 2 
 
De Minimis Funding 
 
 According to publically available information29, it is our understanding that Portugal was 
permitted to provide "de minimis" funding to its fisheries sector (up to €30,000 per company over a 
period of three fiscal years).  Please describe the programs under which these funds were provided 
and, if any of the programs have not  been notified, please explain why. 
 Slovak Republic 
 
Question 1 
 Energy Savings 
 
 Please explain the eligibility requirements to  receive benefits under this program.  Are 
companies in all industries eligible for grants unde r this program?  What specific industries are the 
principal beneficiaries under this program? 
 
Sweden 
 
Question 1  
State Aid Funding 
  According to publically available information
30, Sweden provided €2,000,000 in state aid to 
support its fishery industry for, inter alia , natural disaster, tax relief, labor-related costs for EU vessels 
fishing for tuna or tuna-like species outside EU wa ters and for marketing of fishery products from 
EUs outermost regions.  Please describe the program s under which these funds were provided and, if 
any of the programs have not been notified, please explain why. 
 
Question 2 
 
De Minimis Funding 
 
 According to publically available information31, Sweden was permitted to provide "de 
minimis" funding to its fisheries sector (up to €30,000 per company over a period of three fiscal years).  Please describe the programs under which these funds were provided and, if any of the 
programs have not been notified, please explain why.   
  
 
__________  
                                                      
29 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. 
30 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html  
31 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.