ANNOUNCEMENT 06 Sep 2012

In September 2012, the European Commission initiated a new anti-subsidy investigation and definitive duties were imposed in March 2013. In March 2017, the duty was extended following the conclusion of a sunset review. In September 2018, the duty was terminated.

NUMBER OF INTERVENTIONS

1

  • 1 harmful
  • 0 neutral
  • 0 liberalising

SOURCE



European Commission, Notice No 2012/C 340/06, Notice of initiation of an anti-subsidy proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in the People's Republic of China, Official Journal of the European Union, 08.11.2012, C 340, from p. C 340/13:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:340:0013:0023:EN:PDF
European Commission, Notice No 2012/C 269/04, Notice of initiation of an anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in the People's Republic of China, Official Journal of the European Union, 06.09.2012, C 269, from p. C 269/5:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:269:0005:0015:EN:PDF
European Commission, Commission Regulation (EU) No 182/2013 (01.03.2013), making imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China subject to registration, Official Journal of the European Union, 05.03.2013, L 61, from p. L 61/2:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:061:0002:0005:EN:PDF
Council of the European Union, Council Implementing Regulation (EU) No 1239/2013 (02.12.2013), imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China, Official Journal of the European Union, 05.12.2013, L 325, from p. L 325/66:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013R1239&from=EN
European Commission, Commission Implementing Decision No 2013/707/EU (04.12.2013), confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti?subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures, Official Journal of the European Union, 05.12.2013, L 325, from p. L 325/214:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013D0707&from=EN
European Commission, Commission Implementing Decision No 2014/657/EU (10.09.2014), accepting a proposal by a group of exporting producers together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products for clarifications concerning the implementation of the undertaking referred to in Implementing Decision
2013/707/EU, Official Journal of the European Union, 11.09.2014, L 270, from p. L 270/6:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014D0657&from=EN
European Commission, Notice No 2015/C 147/03, Notice of initiation of a partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China, Official Journal of the European Union, 05.05.2015, C 147, from p. C 147/4:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2015_147_R_0003&from=EN
European Commission, Commission Implementing Regulation (EU) No 2015/832 (28.05.2015), initiating an investigation concerning the possible circumvention of countervailing measures imposed by Council Implementing Regulation (EU) No 1239/2013 on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China by imports of crystalline silicon photovoltaic modules and key components (i.e. cells) consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and Taiwan or not, and making such imports subject to registration, Official Journal of the European Union, 29.05.2015, L 132, from p. L 132/53:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_132_R_0006&from=EN
European Commission, Commission Implementing Regulation (EU) No 2015/866 (04.06.2015), withdrawing the acceptance of the undertaking for three exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures, Official Journal of the European Union, 05.06.2015, L 139, from p. L 139/30:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_139_R_0003&from=EN
European Commission, Commission Implementing Regulation (EU) No 2015/1403 (18.08.2015), withdrawing the acceptance of the undertaking for one exporting producer under Implementing
Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures, Official Journal of the European Union, 18.08.2015, L 218, from p. L 218/1:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015R1403&from=EN
European Commission, Commission Implementing Regulation (EU) No 2015/2018 (11.11.2015), withdrawing the acceptance of the undertaking for two exporting producers under Implementing
Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China for the period of application of definitive measures, Official Journal of the European Union, 12.11.2015, L 295, from p. L 295/23:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_295_R_0009&from=EN
European Commission, Notice No 2015/C 405/09, Notice of initiation of an expiry review of the countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned
from the People's Republic of China, Official Journal of the European Union, 05.12.2015, C 405, from p. C 405/20:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2015_405_R_0009&from=EN
European Commission, Notice No 2015/C 405/10, Notice of initiation of a partial interim review of the anti-dumping and countervailing measures applicable to imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China, Official Journal of the European Union, 05.12.2015, C 405, from p. C 405/33:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52015XC1205(03)&from=EN

Official Journal of the European Union, Case No. R615: Notice No. 2016/12 of 6 January 2016: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0012&from=EN

Official Journal of the European Union, Case R630: Notice No. 2017/366 of 1 March 2017, published on 3 March 2017: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R0366&from=EN


Official Journal of the European Union, Notice of the expiry of certain anti-subsidy measures (2018/C 310/07), published on 3 September 2018: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2018_310_R_0007&from=EN

Inception date: 06 Dec 2013 | Removal date: 03 Sep 2018
Still in force

Anti-subsidy

On November 8th, 2012, the European Commission announced the initiation of an anti-subsidy investigation on imports of crystalline silicon photovoltaic modules or panels and cells and wafers (of the type used in crystalline silicon photovoltaic modules or panels), from China (Notice No 2012/C 340/06, 08.11.2012).
The complaint was lodged on September 26th, 2012 by EU ProSun, on behalf of producers representing more than 25% of the total EU production of the product under scrutiny.
The products subject to investigation are classified under the following HS codes: ex 3818.0010, ex 8501.3100, ex 8501.3200, ex 8501.3300, ex 8501.3400, ex 8501.6120, ex 8501.6180, ex 8501.6200, ex 8501.6300, ex 8501.6400 and ex 8541.4090.
An anti-dumping investigation was already initiated on September 6th, 2012 (see related state act).
On March 1st, 2013, the European Commission made imports of crystalline silicon photovoltaic modules and key components originating in China subject to registration (Commission Regulation (EU) No. 182/2013, 01.03.2013).
On December 2nd, 2013, the European authorities decided to impose a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components from China (Council Implementing Regulation (EU) No. 1239/2013, 02.12.2013).
The rate of the duty ranges from 3.5% to 11.5% of the net free-at-Union-frontier price, depending on the company (at the exception of the company Delsolar (Wujiang) Ltd which is not subject to this measure).
This definitive duty entered into force on the day following the publication of the resolution in the Official Journal of the European Union, i.e. on December 6th, 2013, and shall expire on December 7th, 2015.
On December 4th, 2013, the European Commission accepted an undertaking offered by certain exporting producers together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (Commission Implementing Decision No 2013/707/EU, 04.12.2013).
On September 10th, 2014, the European Commission accepted a proposal made by certain exporting producers together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products s for clarifications concerning the implementation of the undertaking referred to in the above-mentioned Implementing Decision No 2013/707/EU (Commission Implementing Decision No 2014/657/EU, 10.09.2014).
On May 5th, 2015, the European Commission announced the initiation of a partial interim review of the countervailing duty imposed on imports of crystalline silicon photovoltaic modules and key components from China (Notice No 2015/C 147/03).
This follows the application lodged by EU Pro Sun, an association of EU producers of crystalline silicon photovoltaic modules and key components. The review is limited in scope to the benchmark used as reference for the price adaptation mechanism set out in the undertaking in force.
Notice No 2015/C 147/03 was published in the Official Journal of the European Union (C 147) on May 5th, 2015.
On June 4th, 2015, the European Commission decided upon the withdrawal of the acceptance of the price undertaking concluded by Commission Implementing Decision No 2013/707/EU (dated December 4th, 2013) for the following exporting companies: Canadian Solar, ET Solar and ReneSola (Commission Implementing Regulation (EU) No 2015/866, 04.06.2015). Hence, those companies are now subject to the countervailing duty imposed by Council Implementing Regulation (EU) No. 1239/2013 dated December 2nd, 2013 (see above). For more details, please see the regulation.
This decision entered into force on the day following the publication of the regulation in the Official Journal of the European Union (L 139), i.e. on June 6th, 2015.
On August 18th, 2015, the European Commission decided upon the withdrawal of the acceptance of the price undertaking concluded by Commission Implementing Decision No 2013/707/EU (dated December 4th, 2013) for the company Znshine PV-Tech Co. Ltd. together with its related company in the European Union (Commission Implementing Regulation (EU) No 2015/1403, 18.08.2015). Hence, this company is now subject to the countervailing duty imposed by Council Implementing Regulation (EU) No. 1239/2013 dated December 2nd, 2013 (see above). For more details, please see the regulation.
This decision entered into force on the day following the publication of the regulation in the Official Journal of the European Union (L 218), i.e. on August 20th, 2015.
On November 11th, 2015, the European Commission decided upon the withdrawal of the acceptance of the price undertaking concluded by Commission Implementing Decision No 2013/707/EU (dated December 4th, 2013) for the companies Chint Solar (Zhejiang) Co. Ltd. (together with its related companies in the European Union), Hangzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd. and Zhejiang Jinbest Energy Science and Technology Co. Ltd. (Commission Implementing Regulation (EU) No 2015/2018, 11.11.2015). Hence, those companies are now subject to the countervailing duty imposed by Council Implementing Regulation (EU) No. 1239/2013 dated December 2nd, 2013 (see above). For more details, please see the regulation.
This decision entered into force on the day following the publication of the regulation in the Official Journal of the European Union (L 295), i.e. on November 13th, 2015.
On December 5th, 2015, the European Commission announced the initiation of a sunset review of the countervailing duty imposed on imports of crystalline silicon photovoltaic modules and key components originating in China (Notice No 2015/C 405/09).
This sunset review follows the application lodged on September 4th, 2015 by EU ProSun on behalf of producers representing more than 25% of the EU production of the subject goods.
On December 5th, 2015, the European Commission announced the initiation of a partial interim review of the countervailing duty imposed on imports of crystalline silicon photovoltaic modules and key components originating in China (Notice No 2015/C 405/10).
The review is limited to the examination of whether or not it is in the Union interest to maintain measures currently in force on cells of the type used in crystalline silicon photovoltaic modules or panels. Indeed, there is prima facie evidence that the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature. Following a restructuring and consolidation of the Union industry in recent years, a significant number of cell producers have closed production.

On 7 January 2016, the European Commission terminated the above-mentioned partial interim review concluding that the circumstances on the basis of existing measures being imposed have not altered (Notice No. 2016/12).
 
On 4 March 2017, the European Commission extended the definitive countervailing duty on imports of subject good from China following the conclusion of the above sunset review. The rate of duty is between 3.5% and 11.5% of the net free-at-Union-frontier price before duty depending on the company. The duty is in force for a period of 18 months. 

On 3 September 2018, the European Union terminated the definitive duty imposed on imports of the subject good from China. The duty is terminated following its expiry.

AFFECTED SECTORS