Boeing has continually protested over launch aid in the
form of credits to Airbus, while Airbus has argued that
Boeing receives illegal subsidies through military and
research contracts and tax breaks. In July 2004 Harry
Stonecipher (then-Boeing CEO) accused Airbus of abusing
a 1992 bilateral EU-US agreement providing for
disciplines for large civil aircraft support from
governments. Airbus is given reimbursable launch
investment (RLI, called "launch aid" by the US) from
European governments with the money being paid back with
interest, plus indefinite royalties if the aircraft is a
commercial success.
Airbus contends that this system is fully compliant with
the 1992 agreement and WTO rules. The agreement allows
up to 33 per cent of the program cost to be met through
government loans which are to be fully repaid within 17
years with interest and royalties. These loans are held
at a minimum interest rate equal to the cost of
government borrowing plus 0.25%, which would be below
market rates available to Airbus without government
support. Airbus claims that since the signing of the
EU-U.S. agreement in 1992, it has repaid European
governments more than U.S.$6.7 billion and that this is
40% more than it has received.
Airbus argues that the pork barrel military contracts
awarded to Boeing (the second largest U.S. defense
contractor) are in effect a form of subsidy. The
significant U.S. government support of technology
development via NASA also provides significant support
to Boeing, as does the large tax breaks offered to
Boeing which some claim are in violation of the 1992
agreement and WTO rules.
In
its recent products such as the 787, Boeing has also
been offered substantial support from local and state
governments. However, Airbus' parent, EADS, itself is a
military contractor, and is paid to develop and build
projects such as the Airbus A400M transport and various
other military aircraft.
In
January 2005, the European Union and United States trade
representatives, Peter Mandelson and Robert Zoellick
(since replaced by Rob Portman, and then Susan Schwab,
and the present office holder, Ron Kirk) respectively,
agreed to talks aimed at resolving the increasing
tensions. These talks were not successful with the
dispute becoming more acrimonious rather than
approaching a settlement.
In
March 2010, the WTO ruled that European governments
unfairly financed Airbus. In September 2010, a
preliminary report of the WTO found unfair Boeing
payments broke WTO rules and should be withdrawn. In two
separate findings issued in May 2011, the WTO found,
firstly, that the US defense budget and NASA research
grants could not be used as vehicles to subsidise the
civilian aerospace industry and that Boeing must repay
$5.3 billion of illegal subsidies.
Secondly, the WTO Appellate Body partly overturned an
earlier ruling that European Governments launch aid
constituted unfair subsidy, agreeing with the point of
principle that the support was not aimed at boosting
exports and some forms of public-private partnership
could continue. Part of the $18bn in low interest loans
received would have to be repaid eventually; however,
there was no immediate need for it to be repaid and the
exact value to be repaid would be set at a future date.
Both parties claimed victory in what is the world's
largest trade dispute.
On
the first of December 2011 Airbus reported that it had
fulfilled its obligations created by the WTO findings
and called upon Boeing to do likewise in the coming
year. The United States did not agree and had already
begun complaint procedures prior to December, stating
the EU had failed to comply with the DSB's
recommendations and rulings, it requested authorization
by the DSB to take countermeasures under Article 22 of
the DSU and Article 7.9 of the SCM Agreement. The
European Union requested the matter be referred to
arbitration under Article 22.6 of the DSU. The DSB
agreed that the matter raised by the European Union in
its statement at that meeting was referred to
arbitration as required by Article 22.6 of the DSU
however on 19 January 2012 the US and EU jointly agreed
to withdraw their request for arbitration.
On
the 12 March 2012 the appellate body of the WTO released
its findings confirming the illegality of subsidies to
Boeing whilst confirming the legality of repayable loans
made to Airbus. The WTO stated that Boeing had received
at least $5.3 billion in illegal cash subsidies at an
estimated cost to Airbus of $45 billion. A further $2
billion in state and local subsidies that Boeing is set
to receive have also been declared illegal.
The WTO gave Boeing and the US government six months to
change the way government support for Boeing is handled.
At the DSB meeting on April 13, 2012, the United States
informed the DSB that it intended to implement the DSB
recommendations and rulings in a manner that respects
its WTO obligations and within the time-frame
established in Article 7.9 of the SCM Agreement. The
European Union welcomed the US intention and noted that
the 6-month period stipulated in Article 7.9 of the SCM
Agreement would expire on September 23, 2012. On 24
April 2012, the European Union and the United States
informed the DSB of Agreed Procedures under Articles 21
and 22 of the DSU and Article 7 of the SCM Agreement.
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