EU definitive anti-dumping and anti-subsidy measures on solar panels in force

13 December 2013

Brian Mulier, Goran Danilovic

In a recent EU trade press release, the European Commission announced that the European Union (EU) has decided to impose definitive anti-dumping and anti-subsidy measures on Chinese solar panels. The press release reveals that the European Commission's proposals to impose anti-dumping duty and anti-subsidy measures on imports of solar panels from China were formally endorsed by the Council of the EU.

In parallel, it was also announced that the European Commission confirmed its Decision to accept the undertaking offered by certain Chinese exporting producers of Chinese solar panels. This decision will enable Chinese exporting producers who have participated in this undertaking to be exempt, upon fulfilment of specific conditions, from paying any anti-dumping and anti-subsidy duties on imports of solar panels from China into the EU.

The foregoing means that the definitive anti-dumping and anti-subsidy duties are to be applied in relation to the importation of solar panels from those exporting producers of solar panels who are not a listed party in the undertaking as accepted in the aforementioned Decision.

The EU definitive anti-dumping and anti-subsidy measures on solar panels are comprised in the enacted Council Implementing Regulations (EC) No 1238/2013 and 1239/2013 of 2 December 2013 ("Regulations"). The Regulations provide a specific product scope in relation to their application. In addition, the Regulations also confirm that the definitive anti-dumping and anti-subsidy duties shall not be levied retroactively prior to the date of application of the EU provisional measures in relation to the importation of Chinese solar panels.

The Regulations have come into force as of December 6, 2013 and expire on December 7, 2015.

The foregoing is intended only to provide a general update of the EU definitive anti-dumping and anti-subsidy measures on solar panels. Please do not hesitate to contact our Trade & Customs team (brian.mulier@twobirds.com and goran.danilovic@twobirds.com) if you have any questions about the applicability of these measures or how these measures might affect your business operations.

Authors

Image of Goran Danilovic

Goran Danilovic

Associate
Netherlands

Call me on: +31 (0)70 353 8800
Image of Brian Mulier

Brian Mulier

Partner
Netherlands

Call me on: +31 (0)70 353 8800