Commission Regulation (EU) No 513/2013 of 4 June 2013 imposing a provisional anti-dumping duty on 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 and amending Regulation (EU) No 182/2013 making these imports originating in or consigned from the People’s Republic of China subject to registration

• (236) Overall, during the IP, the activity of the eight cooperating upstream operators related to the product under investigation varied in proportion to their total activity and only for one cooperating company represented 100 % of its business, while for the others it varied between 6 and 80 %. On average, in the IP, the activity related to the product concerned represented around 41 % of the total activity of the cooperating upstream operators. In terms of jobs, the eight cooperating upstream operators employed in the IP about 4 200 people. Profitability varied according to segment and individual company from high rates to slightly negative profitability. The investigation showed that those operators with a negative profitability suffered from the deteriorated situation of the Union industry, as some of the clients they lost were Union producers of the product under investigation, and from the decline in consumption.

• (237) The sales of the Union upstream operators covered the Union, the PRC and other third countries. In the IP the repartition of the sales corresponded on average to around 20 % of sales in the Union, almost 50 % to the PRC and around 30 % to other third countries.

• (238) Some parties in the upstream sector claimed that the imposition of anti-dumping measures would affect their business activities negatively as the PRC is their main exporting market. It was argued that the duties would seriously limit the imports of the product concerned from the PRC to the Union as a result of which the PRC would limit the imports of polysilicon and production equipment from the Union. As a consequence, the Union upstream operators in the Union would allegedly need to scale down their business activities and reduce employment.

• (239) It is first noted that the aim of the duty is not to eliminate the Chinese imports of the product concerned but to restore a level playing field. Thus the Chinese imports should continue to supply the Union market to a certain degree, but at fair prices. Furthermore, the investigation showed that the Union upstream operators are present globally on different national markets and therefore do not depend exclusively on their export to the PRC. It is thus reasonable to assume that in the global PV market, Union upstream operators would likely be able to compensate the eventual decrease in the export to the PRC by the export to the other markets which according to publicly available market studies are expected to grow. In any case, the Chinese PV market is already facing a significant production overcapacity and therefore it is doubtful whether the Union machinery producers would be able to sell much more of manufacturing equipment in the short to medium term.

• (240) In view of the above, it is provisionally concluded that the impact of the anti-dumping duties on the machinery producers would not be significant, while the impact on the raw material supplier may be negative in the short term in view of the possible reduction of its sales to the PRC.

Interest of downstream operators

• (241) The downstream operators are mainly active in project development, marketing and communications and PV installations. While 13 replies to the downstream questionnaires were received from the downstream operators only seven were sufficiently complete and allowed for meaningful assessment. Two verification visits were carried out covering the PV project development and installations. When analysing the questionnaire replies received from the 36 cooperating unrelated importers, it turned out that a certain number of them may actually have to be qualified as downstream operators, as their main activity is installation. This issue will be further investigated in the further course of the investigation.

• (242) Overall, the activity of the downstream operators in relation to the product under investigation varies as compared to their total activity. On average, in the IP, it represented 41 %. The profitability of the cooperating operators related to the product under investigation was on average around 11 %, in the IP. In terms of jobs, the seven cooperating downstream operators employed in the IP about 550 people.

• (243) An argument was raised that the anti-dumping measures are not in the interest of the Union as they will increase the price of modules, thus discouraging the end-users/consumers from making installations. Consequently, the downstream operators would have far fewer orders and would have to scale down their businesses. This assessment was based on a study by Prognos on the possible loss of jobs submitted in the course of investigation. The study foresees that the great majority of jobs in the PV market of the Union are in danger, if duties are imposed. The study uses an estimation by the European Photovoltaic Industry Association (EPIA) according to which the total number of direct jobs existing in 2011 at all stages of the Union PV market including Union producers, importers, the upstream and downstream operators is 265 000. Taking as a starting point the 2011 estimation on the total direct PV jobs, the study by Prognos concluded that out of 265 000 jobs up to 242 000 jobs will be lost in three years, depending on the level of duties. Most of the job losses will allegedly occur in the downstream market, which in 2011 was said by Prognos to employ about 220 000 people.

• (244) The investigation did not confirm the above scenario and pointed to a much lower number of direct jobs existing in the Union PV market in 2011, during the IP and in 2012.

• (245) To start with, the investigation raised doubt as to the accuracy of the total number of direct PV jobs as estimated by the European PV association. In particular, during the verification visit at the EPIA, it turned out that the underlying data leading to a conclusion of 265 000 was imprecise and did not allow for such conclusion. In fact, the information obtained during the verification visit indicates that the number of direct PV jobs calculated for 2011 would have a margin of error of up to 20 %. In addition, the estimation includes employment in other European countries outside the Union as well the employment related to thin film product, which falls outside the scope of this investigation.

• (246) Despite these doubts, even if the original estimation of jobs was used to analyse the impact on the measures the following remarks must be made. The estimation covers the European PV jobs in 2011, which was correlated with a very high number of PV installations in the EU that year (about 20 GW). It is reasonable to assume that in view of the decline in installations reaching about 17,5 GW in the IP and 15 GW in 2012 the number of downstream jobs in particular, as directly correlated to the level of installations decreased accordingly. To this end, publicly available specialised press indicated that in Germany, the largest national market, between 2011 and 2012 the employment in the PV sector decreased from 128 000 to 100 000, including the jobs on the side of the producers. Furthermore, the investigation raised serious doubts on whether the figure included only full time jobs dedicated solely to the PV industry. To this end, the investigation revealed that, especially in the downstream market (installations) the PV activity is in general only a part of a much broader business activity, primary business activity being heating or electricity installations, plumbing etc.

• (247) In view of the above, it is likely that the imposition of measures may lead to an increase of prices in the Union of the product under the investigation thus possibly generating less PV installations in the short term. Nevertheless the jobs in this part of the market may be negatively affected only to a limited extent in view of the following. Firstly, the PV related activity for at least some of the installers constitutes only part of their business activities and is also seasonal. Therefore, the installers should be able to carry out other activities in the situation of reduced demand for PV installations. As the renewable and energy efficiency objectives agreed at the level of the EU are legally binding on Member States, it is to be expected that reduced demand for solar installations will translate into increased demand for other forms of renewable electricity and energy efficiency. Many of the employees in the downstream sector are likely to have the skills necessary to benefit from the increased demand in these neighbouring sectors. Secondly, in view of the existing profits in the downstream market (see recital 242 above) installers should be able to absorb part of the price increase thus limiting the impact on the final prices and on the demand for PV installations.

• (248) Independently of the imposition of duties, the publicly available forecasts on the demand for the PV installations indicate a likely contraction in demand in 2013, with annual installations of between 9,8 GW and 16,5 GW in 2013, which would likely have in any event a negative impact on the number of jobs in the downstream market.

• (249) Finally, it is remarked that this increase of PV prices would be likely to happen in any event as the production of the PRC supplying the Union market appears to be largely loss-making, which is an unsustainable situation.

• (250) In view of the above, it is provisionally concluded that the impact of the anti-dumping duties on the downstream operators would be to a limited extent negative in the short term, in view of the higher contraction in installations than in a counterfactual scenario without duties forecasted by major research centres and to the extent the duty cannot be absorbed by the downstream operators. Despite the possible reduction in demand for PV installations, installers should be able to carry out other activities, whether related to other green energy sources or the installers’ primary business activity, as referred to above.

Interest of end-users (consumers)

• (251) No parties directly representing the interests of end-users such as associations of consumers made any representations. In this case reference is made to two types of end-users: consumers (households) and other end-users (e.g. institutions, companies). The investigation revealed that only about a quarter of existing PV installations in the Union (so called roof-top, smaller installations) were ordered by consumers. The other installations (ground mounted, industrial and commercial of a much bigger scale) were ordered by other end-users.

• (252) Several parties claimed that if anti-dumping duties are imposed, consumers would suffer from a price increase of PV modules. While as a result of duties the prices of PV modules in the EU market could be expected to rise somewhat, it is likely that the consumers and other end-users would be affected only to a limited extent because the investigation revealed that the price of a module represents up to 50 % of the total costs of a PV installation. In view of the profit margins earned by the project developers and installers, it is reasonable to assume that the eventual price increase of modules for the consumer may be at least partly absorbed and therefore mitigated. On the basis of the available evidence it is provisionally concluded that measures at the proposed duty level will be at least partly taken in by the supply chain and, therefore, not necessarily result in higher prices for consumers at the retail level.

• (253) It is further noted that should duties not be imposed, the likely disappearance of the Union Industry could leave the consumers with only one source of supply of modules in the future. In this scenario the Chinese exporting producers would be in a position to further increase their very strong position on the market and this could also result in increased prices in the short to medium term to the detriment of the consumers/end-users. In any case, as mentioned above, the increase in prices would be likely to happen in any event in view of the fact that the PRC production is loss-making.

• (254) On the basis of the above, it is provisionally concluded that the imposition of measures would have overall a limited impact on consumers and other end-users. This is irrespective of the role of the national support schemes in stimulating the demand for PV installations as referred to in recital 182 above. If national support schemes are adapted to higher prices for solar panels (by means of higher FITs), the impact on consumers may be inexistent.

Other arguments

• (255) Some parties argued that the Union industry is not capable of supplying the EU market in the quantities required and thus if anti-dumping duties are imposed there is a serious risk of shortage in the EU, which may lead to a further increase of prices of the product concerned.

• (256) The investigation has found this argument to be unjustified. The Union industry has been underutilising their production capacities since 2009. In the IP, the utilisation rate of the Union production capacity of modules was 41 % with additional spare capacity of about 5,7 GW; the utilisation rate of the Union production capacity of cells was 63 %, with additional spare capacity of about 1,2 GW and the utilisation rate of the Union production capacity of wafers was 55 % with additional spare capacity of about 1,6 GW. Therefore, thanks to the spare capacity, the Union industry would be able to compete for an additional part of the market in short term. Also in the medium-term, it is reasonable to assume that the Union industry will expand its production capacity to be able to achieve better economies of scale and allow for further price reductions. Furthermore, there are also other sources of supply in the world, which are present on the Union market and which will be able to compete on the Union market in case of decrease of imports of the Chinese products. The investigation revealed that the existing spare capacity of the non-Chinese production outside the EU was in the IP, 5,6 GW for modules, 6 GW for cells and 6 GW for wafers. It is therefore concluded that the total spare capacity of the EU and third producers outside the EU is sufficient to complement in the short term the potential decrease in Chinese imports in light of the demand for PV installations in the EU as forecasted for 2013 (between 9,8 GW and 16,5 GW) and 2014 (9 GW and 17,1 GW) by major research centres such as EPIA.

• (257) Some parties also argued that that the imposition of anti-dumping duties on the product concerned will harm the development of the PV market in Europe and thus the goals of the EU Agenda 2020 concerning the renewable sources of energy and a reduction in EU greenhouse gas emissions will not be achieved.

• (258) To start with, the 2020 goals do not depend on the solar energy exclusively. Equally important are other green energies such as: wind, biomass, hydro etc. Since no particular percentage is attributed to the solar energy for the 2020 goals, a slightly lower number of PV installations is not expected to raise the overall cost of the 2020 Agenda. Furthermore, the price of solar panels is only one of many factors, which are vital for the development of the PV industry in Europe. Equally important are: a favourable legal and financial framework at European and national levels, improved access to financing of renewable energies projects and the investment in R & D. As regards the financing of solar investments, the imposition of duties will enhance the situation of the Union industry and of the PV sector in total. As a result, it will also likely enhance access to capital for both the Union industry and investors in the PV sector. Finally, it is recalled that the aim of the duty is not to eliminate the Chinese imports but restore fair competition. Should the price of the product concerned rise the evidence on the profits achieved in the downstream market allows the assumption that the price increase will be partly absorbed by the operators in the downstream market. Therefore the price of modules should not rise significantly for the end-users/consumers and the demand for solar installations could be maintained in the forecasted range.

• (259) On the basis of the above, it is provisionally concluded that the imposition of measures would not, overall, have a significant adverse impact on other EU polices.

Conclusion on the Union interest

• (260) The overall positive effects for the Union industry outweigh the likely negative impact on other operators on the PV market including consumers/other end-users.

• (261) In view of the above, it is provisionally concluded that based on the information available concerning the Union interest, there are no compelling reasons against the imposition of provisional measures on imports of the product concerned originating in the PRC.

PROVISIONAL ANTI-DUMPING MEASURES

• (262) In view of the conclusions reached with regard to dumping, injury, causation and Union interest, provisional anti-dumping measures should be imposed in order to prevent further injury being caused to the Union industry by the dumped imports.

Injury elimination level

• (263) For the purpose of determining the level of these measures, account was taken of the dumping margins found and the amount of duty necessary to eliminate the injury sustained by the Union producers, without exceeding the dumping margins found.

• (264) When calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Union industry to cover its costs of production and to obtain a profit before tax that could be reasonably achieved by this industry under normal conditions of competition, i.e. in the absence of dumped imports, on sales of the like product in the Union. It is thus considered that a profit margin of 10 % of turnover based on the information provided in the complaint could be regarded as an appropriate minimum which the Union industry could have expected to obtain in the absence of injurious dumping.

• (265) On this basis, a non-injurious price was calculated for the Union industry for the like product. The non-injurious price was obtained by adding the abovementioned profit margin of 10 % to the cost of production during the IP of the sampled Union producers.

• (266) The necessary price increase was then determined on the basis of a comparison of the weighted average import price of the sampled cooperating exporting producers in the PRC, as established for the price undercutting calculations, duly adjusted for importation costs and customs duties with the weighted average non-injurious price of the like product sold by the sampled Union producers on the Union market during the IP. Any difference resulting from this comparison was then expressed as a percentage of the weighted average CIF import value.

Provisional measures

• (267) In the light of the foregoing, and in accordance with Article 7(2) of the basic Regulation, it is considered that provisional anti-dumping measures should be imposed on imports of crystalline silicon PV modules and key components (i.e. cells and wafers) originating in or consigned from the PRC at the level of the lower of the dumping and the injury margins found, in accordance with the lesser duty rule.

• (268) Given the high rate of cooperation of Chinese exporting producers, the ‘all other companies’ duty was set at the level of the highest duty to be imposed on the companies, respectively, sampled or cooperating in the investigation. The ‘all other companies’ duty will be applied to those companies which had not cooperated in the investigation.

• (269) For the cooperating non-sampled Chinese companies listed in the Annex, the provisional duty rate is set at the weighted average of the rates of the sampled companies.

• (270) The proposed rates of the provisional anti-dumping duties are as follows:

• (271) The above anti-dumping measures are provisionally established in the form of ad valorem duties.

• (272) The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the countrywide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the People’s Republic of China and produced by the companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.

• (273) Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting-up of new production or sales entities) should be addressed to the Commission ([^E0008]) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will accordingly be amended by updating the list of companies benefiting from individual duty rates.

• (274) In order to ensure a proper enforcement of the anti-dumping duty, the all other companies duty level should not only apply to the non-cooperating exporting producers, but also to those producers which did not have any exports to the Union during the IP.

• (275) As mentioned under Section 5 of the Notice of Initiation, the Commission is in the process of determining whether all imports of the product concerned from the PRC can be considered as originating in the PRC. This is in particular important in case of modules that can incorporate components and parts from different countries. Pursuant to Article 1(3) of the basic anti-dumping Regulation, the exporting country of a dumped product may be an intermediate country. It should also be noted that the complaint relate to imports from the PRC without specifying the origin thereof. Lastly, the anti-dumping and countervailing investigations conducted by the USA involving the same product imported from the PRC highlighted the complexity of the production and assembly operations which might or might not confer origin ([^E0009]). In the light of these considerations and without prejudice to the conclusion that will be reached on these matters at the definitive stage, it is considered appropriate that provisional measures should cover the product under investigation originating in or consigned from the PRC, unless the product is a product in transit in the sense of Article V GATT.

• (276) As mentioned above in recital 3 the Commission made imports of the product concerned originating in and consigned from the PRC subject to registration by Regulation (EU) No 182/2013. This was in view of the possible retroactive application of the anti-dumping and countervailing measures, under Article 10(4) of the basic Regulation and Article 16(4) of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidies imports from countries not members of the European Community (‘basic Anti-subsidy Regulation) ([^E0010]).

• (277) As far as the current anti-dumping investigation is concerned and in view of the above findings, the registration of imports for the purpose of the anti-dumping investigation in accordance with Article 14(5) of the basic Regulation should be discontinued.

• (278) As far as the parallel anti-subsidy investigation is concerned, initiated by the Commission pursuant to Article 10 of the basic Anti-subsidy Regulation, by a notice published in the Official Journal of the European Union on 8 November 2012 ([^E0011]), registration of imports pursuant to Article 24(5) of the basic Anti-subsidy Regulation should continue.

• (279) No decision on a possible retro-active application of anti-dumping measures can be taken at this stage of the proceeding.

• (280) In view of the exceptional circumstances of the present proceeding, notably that it concerns a product addressing a market that requires a stability of supplies in the short term, it is considered appropriate to phase-in the provisional anti-dumping measures. As the Union industry in particular sustained injury as a result of unfair trade practices from the country concerned in the IP, Union producers cannot immediately supply the necessary quantities if import levels fall as a result of measures. Phasing-in the anti-dumping duty will allow the Union industry in the short term to increase supply. In addition, by allowing the Union industry sufficient time to increase its production levels, availability of the product concerned will remain at reasonable levels to meet demand. Therefore, it is considered appropriate to introduce the duty in two steps.

FINAL PROVISION

• (281) In the interests of sound administration, a period should be fixed within which the interested parties which made themselves known within the time limit specified in the Regulation may make their views known in writing and request a hearing. Furthermore, it should be stated that the findings concerning the imposition of a duty made for the purposes of this Regulation are provisional and may have to be reconsidered for the purpose of any definitive duty,

CUSTOMS DECLARATION

• (282) Statistics of solar panels and their key components are frequently expressed either in number of pieces or Watt. However, there is no such supplementary unit for solar panels and their key components specified in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ([^E0012]). It is therefore necessary to provide that not only the weight in kg or tonnes but also the number of pieces or Watt for the imports of the product concerned must be entered in the declaration for release for free circulation. Pieces should be indicated for TARIC codes 3818001011 and 3818001019 and Watt shall be indicated for TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039.

HAS ADOPTED THIS REGULATION:

Article 1

The following product types are excluded from the definition of the product concerned:

• —solar chargers that consist of less than six cells, are portable and supply electricity to devices or charge batteries,

• —thin film photovoltaic products,

• —crystalline silicon photovoltaic products that are permanently integrated into electrical goods, where the function of the electrical goods is other than power generation, and where these electrical goods consume the electricity generated by the integrated crystalline silicon photovoltaic cell(s).

• (i)from entry into force of this regulation until 5 August 2013:

Company Duty Rate All companies 11,8 %

• (ii)from 6 August 2013:

Company Duty Rate TARIC additional code Changzhou Trina Solar Energy Co. Ltd Trina Solar (Changzhou) Science & Technology Co. Ltd Changzhou Youze Technology Co. Ltd 51,5 % B791 Delsolar (Wujiang) Ltd 67,9 % B792 Jiangxi LDK Solar Hi-Tech Co. Ltd LDK Solar Hi-Tech (Nanchang) Co. Ltd LDK Solar Hi-Tech (Suzhou) Co. Ltd 55,9 % B793 LDK Solar Hi-Tech (Hefei) Co. Ltd 55,9 % B927 JingAo Solar Co. Ltd Shanghai JA Solar Technology Co. Ltd JA Solar Technology Yangzhou Co. Ltd Hefei JA Solar Technology Co. Ltd Shanghai JA Solar PV Technology Co. Ltd 58,7 % B794 Jinzhou Yangguang Energy Co. Ltd Jinzhou Huachang Photovoltaic Technology Co. Ltd Jinzhou Jinmao Photovoltaic Technology Co. Ltd Jinzhou Rixin Silicon Materials Co. Ltd Jinzhou Youhua Silicon Materials Co. Ltd 38,3 % B795 Wuxi Suntech Power Co. Ltd Suntech Power Co. Ltd Wuxi Sunshine Power Co. Ltd Luoyang Suntech Power Co. Ltd Zhenjiang Rietech New Energy Science Technology Co. Ltd Zhenjiang Ren De New Energy Science Technology Co. Ltd 48,6 % B796 Yingli Energy (China) Co. Ltd Baoding Tianwei Yingli New Energy Resources Co. Ltd Hainan Yingli New Energy Resources Co. Ltd Hengshui Yingli New Energy Resources Co. Ltd Tianjin Yingli New Energy Resources Co. Ltd Lixian Yingli New Energy Resources Co. Ltd Baoding Jiasheng Photovoltaic Technology Co. Ltd Beijing Tianneng Yingli New Energy Resources Co. Ltd Yingli Energy (Beijing) Co. Ltd 37,3 % B797 Companies listed in Annex I 47,6 % All other companies 67,9 % B999

Article 2

Without prejudice to Article 20 of Regulation (EC) No 1225/2009, interested parties may request disclosure of the details underlying the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.

Pursuant to Article 21(4) of Regulation (EC) No 1225/2009, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.

Article 3

Regulation (EU) No 182/2013 is amended as follows:

• (1)a new heading G and a new recital 22 are inserted: CESSATION OF REGISTRATION FOR THE PURPOSES OF PROTECTION AGAINST DUMPED IMPORTS (22) As of 6 June 2013, a provisional anti-dumping duty provides for the protection against dumped imports. It is therefore no longer necessary to register imports for the purpose of protection against dumped imports.’;

• (2)in Article 1(1) the words ‘to Article 14(5) of Regulation (EC) No 1225/2009 and’ are deleted.

Article 4

Where a declaration for release for free circulation is presented in respect of imports of those solar panels and key components which are currently falling within TARIC codes 3818001011, 3818001019, 8541409021, 8541409029, 8541409031 and 8541409039, those TARIC codes shall be entered in the relevant field of that declaration.

Member States shall, on a monthly basis, inform the Commission of the number of pieces imported under TARIC codes 3818001011 and 3818001019 and the number of Watt for TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039, and of their origin.

Article 5

Where a declaration for release for free circulation is presented in respect of the products mentioned under Articles 1 and 4, the number of pieces under TARIC codes 3818001011 and 3818001019 and the number of Watt under TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039 of the products imported shall be entered in the relevant field of that declaration.

Article 6

• (a)a company listed in the Annex of Decision 2013/423/EU manufactured, shipped and invoiced directly the products referred to above or via its related company also listed in the Annex of Decision 2013/423/EU either to their related companies in the Union acting as an importer and clearing the goods for free circulation in the Union or to the first independent customer acting as an importer and clearing the goods for free circulation in the Union; and

• (b)such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in Annex II of this Regulation; and

• (c)such imports are accompanied by an Export Undertaking Certificate according to Annex III of this Regulation; and

• (d)the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.

• (a)whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled; or

• (b)when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of Regulation (EC) No 1225/2009 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.

Article 7

The companies from which undertakings are accepted by the Commission and whose names are listed in the Annex of Decision 2013/423/EU and subject to certain conditions specified therein, will also issue an invoice for transactions which are not exempted from the anti-dumping duties. This invoice is a commercial invoice containing at least the elements stipulated in Annex IV of this Regulation.

Article  8

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 1 shall apply for a period of six months.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Cooperating Chinese exporting producers not sampled:

ANNEX II

The following elements shall be indicated in the Commercial Invoice accompanying the Company’s sales to the European Union of goods which are subject to the Undertaking:

• 1.The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.

• 2.The name of the Company issuing the Commercial Invoice.

• 3.The Commercial Invoice number.

• 4.The date of issue of the Commercial Invoice.

• 5.The TARIC additional code under which the goods on the invoice are to be customs-cleared at the European Union frontier.

• 6.The exact plain language description of the goods and: —the product code number (PCN), —technical specifications of the PCN, —the company product code number (CPC), —CN code, —quantity (to be given in units expressed in Watt for modules and cells or pieces for wafers),

• 7.The description of the terms of the sale, including: —price per unit (Watt for modules and cells or pieces for wafers), —the applicable payment terms, —the applicable delivery terms, —total discounts and rebates.

• 8.Name of the Company acting as an importer to which the invoice is issued directly by the Company.

• 9.The name of the official of the Company that has issued the Commercial Invoice and the following signed declaration: ‘I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [COMPANY], and accepted by the European Commission through Decision 2013/423/EU. I declare that the information provided on this invoice is complete and correct.’

ANNEX III

EXPORT UNDERTAKING CERTIFICATE

The following elements shall be indicated in the Export Undertaking Certificate to be issued by CCCME for each Commercial Invoice accompanying the Company’s sales to the European Union of goods which are subject to the Undertaking:

• 1.The name, address, fax and telephone number of the China Chamber of Commerce for Import & Export of Machinery & Electronic Products (CCCME).

• 2.The name of the company mentioned in the Annex of Decision 2013/423/EU issuing the Commercial Invoice.

• 3.The Commercial Invoice number.

• 4.The date of issue of the Commercial Invoice.

• 5.The TARIC additional code under which the goods on the invoice are to be customs cleared at the European Union frontier.

• 6.The exact description of the goods, including: —the product code number (PCN), —the technical specification of the goods, the company product code number (CPC) (if applicable), —CN code,

• 7.The precise quantity in units exported expressed in Watt (for modules and cells or pieces (for wafers).

• 8.The number and expiry date (three months after issuance) of the certificate.

• 9.The name of the official of CCCME that has issued the certificate and the following signed declaration: ‘I, the undersigned, certify that this certificate is given for direct exports to the European Union of the goods covered by the Commercial Invoice accompanying sales made subject to the undertaking and that the certificate is issued within the scope and under the terms of the undertaking offered by [company] and accepted by the European Commission through Decision 2013/423/EU. I declare that the information provided in this certificate is correct and that the quantity covered by this certificate is not exceeding the threshold of the undertaking.’

• 10.Date.

• 11.The signature and seal of CCCME.

ANNEX IV

The following elements shall be indicated in the Commercial Invoice accompanying the Company’s sales to the European Union of goods which are subject to the anti-dumping duties:

• 1.The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO ANTI-DUMPING DUTIES’.

• 2.The name of the Company issuing the Commercial Invoice.

• 3.The Commercial Invoice number.

• 4.The date of issue of the Commercial Invoice.

• 5.The TARIC additional code under which the goods on the invoice are to be customs-cleared at the European Union frontier.

• 6.The exact plain language description of the goods and: —the product code number (PCN), —technical specifications of the PCN, —the company product code number (CPC), —CN code, —quantity (to be given in units expressed in Watt for modules and cells) or pieces for wafers).

• 7.The description of the terms of the sale, including: —price per unit (Watt for modules and cells or pieces for wafers), —the applicable payment terms, —the applicable delivery terms, —total discounts and rebates.

• 8.The name and signature of the official of the Company that has issued the Commercial Invoice.

[^E0001]: OJ L 343, 22.12.2009, p. 51.

[^E0002]: OJ C 269, 6.9.2012, p. 5.

[^E0003]: OJ L 61, 5.3.2013, p. 2.

[^E0004]: Court of Justice judgment of 2 February 2012 in Case C-249/10 P, Brosmann Footwear HK and others v Council.

[^E0005]: Court of Justice judgment of 15 November 2012 in Case C-247/10 P, Zhejiang Aokang Shoes Co. Ltd v Council.

[^E0006]: Judgment in Case C-337/09 P, Council v Zhejiang Xinan Chemical Industrial Group Co. Ltd.

[^E0007]: OJ L 140, 5.6.2009, p. 16.

[^E0008]: European Commission, Directorate-General for Trade, Directorate H, 1049 Brussels, Belgium.

[^E0009]: See Issues and Decision Memorandum for the Final Determination in the Antidumping Duty Investigation of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China, 9 October 2012, at http://ia.ita.doc.gov/frn/summary/prc/2012-25580-1.pdf

[^E0010]: OJ L 188, 18.7.2009, p. 93.

[^E0011]: OJ C 340, 8.11.2012, p. 13.

[^E0012]: OJ L 256, 7.9.1987, p. 1.