|
附録5
欧州造船工業会WTOパネル設置要請を歓迎
プレスリリース
PRESS RELEASE
EUROPEAN SHIPYARDS STRONGLY WELCOME THE REQUEST TO OPEN
THE WTO PANEL
With historically low order intake for more than two years, European Shipyards are facing very serious times. The European Union has displayed considerable patience concerning the proven Korean market distortions, which continue to injure European yards. The decision of the European Commission to issue the request for the formal opening of the WTO Panel is essential to stop this injury once and for all.
European yards have initiated with LeaderSHIP 2015 a strategic approach to ensure the medium and long term prosperity of European shipbuilding. It contains a large number of important elements including concrete action on both the industrial as well as policy side. However, fair competitive conditions in the world shipbuilding market are a pre-condition for any such initiative to be successful. The opening of the WTO Panel, is therefore a crucial step, which is highly appreciated by all yards in Europe.
These views were unanimously expressed by all participants of the annual meetings of AWES and CESA held 12-13 June. During the 58th General Assembly of AWES the regular change at the helm was concluded as follows: new AWES Chairman is Mr. Frederico Spranger of Portugal, new Vice Chairmen are Mr. Jürgen Kennemann of Germany and Mr. Manfred van der Wal of the Netherlands, the second representing the Shiprepairers.
Brussels, 13 June 2003
Background:
Awes is the Association of European Shipbuilders and Shiprepairers; CESA is the Committee of EU Shipbuilders’ Associations. The two organizations reflect the difference between geographical Europe and the European Union. Full membership to AWES is open to all shipyards' associations in Europe. Full membership to CESA is limited to national associations of EU Member States, and Norway and Poland being associated members to CESA. The Chairman of CESA is member of the Chairman's Committee of AWES. The Director of AWES and the Secretary General of CESA has been traditionally the same person.
For more information please contact:
Dr. Reinhard Lüken
Director of AWES and Secretary General of CESA
Tel.: +32 2 230 32 87
Fax: +32 2 230 43 32
E-mail: cesa@skynet.be
WTO文書 欧州委員会によるパネル設置要請
（WT/DS273/2）
WORLD TRADE
ORGANIZATION
WT/DS273/2
13 June 2003
(03-3145)
Original: English
KOREA - MEASURES AFFECTING TRADE IN COMMERCIAL VESSELS
Request for the Establishment of a Panel by the European Communities
The following communication, dated 11 June 2003, from the Permanent Delegation of the European Commission to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.
―
On 21 October 2002, the European Communities requested consultations with the Government of the Republic of Korea (Korea) pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Articles 4, 7 and 30 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement) with regard to measures affecting trade in commercial vessels. This request was circulated to the WTO Members on 24 October 2002 as document WT/DS273/1, "Korea-Measures Affecting Trade in Commercial Vessels".
Consultations were held on 22 November, 13 December 2002 and 7 May 2003. Unfortunately, these consultations failed to settle the dispute.
The European Communities therefore requests that a panel be established pursuant to Article 6 of the DSU, Article XXIII:2 of GATT 1994, Articles 4, 7 and 30 of the SCM Agreement (to the extent that Article 30 incorporates by reference Article XXIII of GATT 1994).
The measures that are the subject of this request are prohibited and actionable subsidies. In particular, the European Communities considers that the following measures are inconsistent with Korea's obligations under the SCM Agreement:
・The Act Establishing the Export-Import Bank of Korea ("KEXIM"), any implementing decrees and other regulations, that specifically allow and enable KEXIM to provide Korean exporters of capital goods with financing at preferential rates.
・The pre-shipment loan and advance payment refund guarantee schemes established by KEXIM. Under the pre-shipment loans programme, KEXIM provides pre-delivery loans at preferential rates to finance production costs of export contracts, such as raw material cost, labour and overheads until delivery of the goods. Under the advance payment refund guarantees programme, KEXIM provides guarantees at preferential premium rates that a foreign buyer will be refunded any advance payments given to a Korean exporter, including any accrued interest on the advance payments, if the Korean exporter fails to perform his obligations under the relevant export contract. The individual granting of pre-shipment loans and advance payment refund guarantees by KEXIM to Korean shipyards, including Samho Heavy Industries, Daedong Shipbuilding Co., Daewoo Shipbuilding and Marine Engineering, Hyundai Heavy Industries, Hyundai Mipo, Samsung Heavy Industries and Hanjin Heavy Industries & Construction Co.
・The provision by the Korean Government, through government-owned and government-controlled banks, of corporate restructuring subsidies in the form of debt forgiveness, debt and interest relief and debt-to-equity swaps. These subsidies were granted to at least three shipyards (Daewoo Shipbuilding and Marine Engineering, Samho Heavy Industries, Daedong Shipbuilding Co).
・The Special Tax Treatment Control Law, more specifically, the special taxation on in-kind contribution (Article 38) and the special taxation on spin-off (Article 45-2) scheme, establishes two tax programmes limited to companies under corporate restructuring and provides tax concessions to Daewoo, the combined benefit of which is estimated at won 78 billion.
The European Communities considers that the Korean measures are in breach of Korea’s obligations under the provisions of the SCM Agreement, in particular, but not necessarily exclusively of:
- Articles 3.1 (a) and 3.2 of the SCM Agreement, because, inter alia, the KEXIM Act, the advance payment refund guarantees and the pre-shipment loans provided by KEXIM and the corporate restructuring packages and tax concessions are specific subsidies within the meaning of Articles 1 and 2 of the SCM Agreement and are de jure or de facto export contingent.
- Article 5(a) of the SCM Agreement, because, inter alia, the above-mentioned KEXIM subsidies, the corporate restructuring packages and tax concessions are specific subsidies within the meaning of Articles 1 and 2 of the SCM Agreement and are causing injury to the Community industry.
- Article 5(c) of the SCM Agreement, because, inter alia, the above-mentioned KEXIM subsidies, the corporate restructuring packages and tax concessions are specific subsidies within the meaning of Articles 1 and 2 of the SCM Agreement and cause serious prejudice to the interests of the European Communities, in particular through significant price undercutting, price suppression, price depression or lost sales within the meaning of Articles 6.3 and 6.5 of the SCM Agreement.
The European Communities requests that a Panel be immediately established with standard terms of reference, in accordance with Articles 4.4 and 7.4 of the SCM Agreement and Article 7 of the DSU.
The European Communities asks that this request for the establishment of a Panel be placed on the agenda for the next meeting of the Dispute Settlement Body, which is scheduled to take place on 24 June 2003.
The European Communities further requests that the DSB at that meeting initiate the procedures provided for in Annex V of the SCM Agreement pursuant to paragraph 2 of that Annex. In particular, the European Communities requests that the DSB designate a representative to serve the function of facilitating the information-gathering process of Annex V. The European Communities is prepared to propose names to the DSB and is consulting with Korea on this matter. The European Communities also intends to put forward suggestions as to the information that should be sought under this procedure once the panel is established.
―
欧州委員会暫定保護措置をLNG船まで拡大
プレスリリース
IP/03/895
Brussels, 25 June 2003
Shipbuilding: European Commission extends the temporary defensive mechanism to Liquefied Natural Gas carriers
Today the European Commission has decided to extend the granting of temporary and limited state aids in the shipbuilding sector (so-called temporary defensive mechanism- TDM) to liquefied natural gas carriers (LNGs). EU Trade Commissioner Pascal Lamy said: "Today's decision offers a temporary relief to European LNG shipyards which are facing serious difficulties, while Korea continues to price ships below cost. I trust the WTO will soon condemn these unfair practices and that Korea will put an end to them." EU Commissioner for competition, Mario Monti said : "While State aid is certainly not the way forward to make EU shipbuilding more competitive globally, today's decision does show that the Commission recognises the exceptional circumstances in this case where Community interests are at stake".
This decision takes place after an in-depth investigation in the framework of the Trade Barriers Regulation has confirmed that Korean unfair practices have injured EU shipyards in this sector. Direct aid in support of contracts for the building of LNG carriers will now be authorised in accordance with the provisions of Council regulation (EC) No 1177/2002 of 27 June 2002 concerning a temporary defensive mechanism to shipbuilding. Such aid is already, since October 2002, authorised for containerships and product and chemical tankers."
Background
The principal provisions of the temporary defensive mechanism are the following:
- Maximum aid intensity of 6% of contract value;
- Scope now covering container ships; product and chemical tankers and Liquefied Natural Gas (LNG) tankers;
- Expiry of the Regulation: 31 March 2004 to take account of the time necessary for a WTO panel to reach its conclusions.
For more information go to:
Information on the situation of shipbuilding worldwide can be found at by clicking here: IP/01/630, MEMO/01/167, IP/01/656, IP/01/1078, IP/02/642
|
