# Official Journal L 230/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 230 |
| | |
| English edition | Legislation | Volume 606 September 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 230

English edition

Legislation

Volume 606 September 2017

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2017/1522 of 2 June 2017 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for total diet replacement for weight control (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2017/1523 of 25 August 2017 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Limone Costa d'Amalfi (PGI)) | 10 |
| | * | Commission Implementing Regulation (EU) 2017/1524 of 5 September 2017 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 | 11 |
| | | DECISIONS |
| | * | Commission Decision (EU) 2017/1525 of 4 September 2017 amending Decision 2014/256/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to converted paper products
  (notified under document C(2017) 5948)

   (
  1
  ) | 28 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2017/1522 of 2 June 2017 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for total diet replacement for weight control (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2017/1523 of 25 August 2017 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Limone Costa d'Amalfi (PGI))

10

*

Commission Implementing Regulation (EU) 2017/1524 of 5 September 2017 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

11

DECISIONS

*

Commission Decision (EU) 2017/1525 of 4 September 2017 amending Decision 2014/256/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to converted paper products
  (notified under document C(2017) 5948)

   (
  1
  )

(notified under document C(2017) 5948)

1

28

| | |
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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 6.9.2017 | EN | Official Journal of the European Union | L 230/1 |
| --- | --- | --- | --- |

6.9.2017

EN

Official Journal of the European Union

L 230/1

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COMMISSION DELEGATED REGULATION (EU) 2017/1522

of 2 June 2017

supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for total diet replacement for weight control

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (1), and in particular Article 11(1)(a), (c) and (d) thereof,

Whereas:

| (1) | Commission Directive 96/8/EC (2) lays down harmonised rules on foods intended for use in energy-restricted diets for weight reduction and includes within its scope products defined in Regulation (EU) No 609/2013 as total diet replacement for weight control products. |
| --- | --- |

(1)

Commission Directive 96/8/EC (2) lays down harmonised rules on foods intended for use in energy-restricted diets for weight reduction and includes within its scope products defined in Regulation (EU) No 609/2013 as total diet replacement for weight control products.

| (2) | Regulation (EU) No 609/2013 repeals Directive 96/8/EC and lays down general compositional and information requirements for different categories of food including products defined as total diet replacement for weight control. In order for the Commission to comply with its obligation to adopt specific compositional and information requirements for total diet replacement for weight control products, it is appropriate to build on the provisions of Directive 96/8/EC as those provisions have ensured the free movement of foods presented as total diet replacement for weight control in a satisfactory manner while ensuring a high level of protection of public health. |
| --- | --- |

(2)

Regulation (EU) No 609/2013 repeals Directive 96/8/EC and lays down general compositional and information requirements for different categories of food including products defined as total diet replacement for weight control. In order for the Commission to comply with its obligation to adopt specific compositional and information requirements for total diet replacement for weight control products, it is appropriate to build on the provisions of Directive 96/8/EC as those provisions have ensured the free movement of foods presented as total diet replacement for weight control in a satisfactory manner while ensuring a high level of protection of public health.

| (3) | Total diet replacement for weight control is a complex product that is specially formulated for overweight or obese adults who intend to achieve weight reduction. The essential composition of total diet replacement for weight control products must satisfy the daily nutritional requirements of overweight or obese adults in good health, in the context of energy-restricted diets for weight reduction, as established by generally accepted scientific data. |
| --- | --- |

(3)

Total diet replacement for weight control is a complex product that is specially formulated for overweight or obese adults who intend to achieve weight reduction. The essential composition of total diet replacement for weight control products must satisfy the daily nutritional requirements of overweight or obese adults in good health, in the context of energy-restricted diets for weight reduction, as established by generally accepted scientific data.

| (4) | In order to ensure the safety and suitability of total diet replacement for weight control products, detailed requirements should be laid down on their composition, including requirements on energy value, macronutrient and micronutrient content. Those requirements should be based on the latest scientific advice of the European Food Safety Authority (‘the Authority’) (3) on the matter. |
| --- | --- |

(4)

In order to ensure the safety and suitability of total diet replacement for weight control products, detailed requirements should be laid down on their composition, including requirements on energy value, macronutrient and micronutrient content. Those requirements should be based on the latest scientific advice of the European Food Safety Authority (‘the Authority’) (3) on the matter.

| (5) | In order to ensure innovation and product development, the voluntary addition to total diet replacement for weight control products of ingredients not covered by specific requirements of this Regulation, with particular attention to dietary fibre, should be possible. All ingredients used in the manufacture of total diet replacement for weight control products should be suitable for healthy overweight or obese adults and their suitability should have been demonstrated, when necessary, by appropriate studies. It is the responsibility of food business operators to demonstrate such suitability and of national competent authorities to consider, on a case by case basis, whether this is the case. |
| --- | --- |

(5)

In order to ensure innovation and product development, the voluntary addition to total diet replacement for weight control products of ingredients not covered by specific requirements of this Regulation, with particular attention to dietary fibre, should be possible. All ingredients used in the manufacture of total diet replacement for weight control products should be suitable for healthy overweight or obese adults and their suitability should have been demonstrated, when necessary, by appropriate studies. It is the responsibility of food business operators to demonstrate such suitability and of national competent authorities to consider, on a case by case basis, whether this is the case.

| (6) | Total diet replacement for weight control products have to comply with Regulation (EU) No 1169/2011 of the European Parliament and of the Council (4). In order to take account of the specific nature of total diet replacement for weight control products, additions and exceptions to those general rules should be laid down, where appropriate. |
| --- | --- |

(6)

Total diet replacement for weight control products have to comply with Regulation (EU) No 1169/2011 of the European Parliament and of the Council (4). In order to take account of the specific nature of total diet replacement for weight control products, additions and exceptions to those general rules should be laid down, where appropriate.

| (7) | It is essential that the nutrition declaration of total diet replacement for weight control products is declared in order to guarantee it is used appropriately by both healthy overweight or obese adults consuming that food and by healthcare professionals who can advise on its appropriateness in certain cases. In order therefore to provide more complete information, the nutrition declaration should include more particulars than those required by Regulation (EU) No 1169/2011. In addition, the obligation to declare the nutrition declaration should be mandatory for all total diet replacement for weight control products irrespective of the package or container size, therefore the exemption provided for in point 18 of Annex V to Regulation (EU) No 1169/2011 should not apply. |
| --- | --- |

(7)

It is essential that the nutrition declaration of total diet replacement for weight control products is declared in order to guarantee it is used appropriately by both healthy overweight or obese adults consuming that food and by healthcare professionals who can advise on its appropriateness in certain cases. In order therefore to provide more complete information, the nutrition declaration should include more particulars than those required by Regulation (EU) No 1169/2011. In addition, the obligation to declare the nutrition declaration should be mandatory for all total diet replacement for weight control products irrespective of the package or container size, therefore the exemption provided for in point 18 of Annex V to Regulation (EU) No 1169/2011 should not apply.

| (8) | In order to provide appropriate information and to facilitate product comparisons, the nutrition declaration for total diet replacement for weight control products should be expressed per portion and/or per consumption unit as well as per total daily ration. In addition, such information should refer to the product ready for use after preparation in accordance with the manufacturer's instructions. |
| --- | --- |

(8)

In order to provide appropriate information and to facilitate product comparisons, the nutrition declaration for total diet replacement for weight control products should be expressed per portion and/or per consumption unit as well as per total daily ration. In addition, such information should refer to the product ready for use after preparation in accordance with the manufacturer's instructions.

| (9) | Article 30(2) of Regulation (EU) No 1169/2011 lists a limited number of nutrients that may be included on a voluntary basis in the nutrition declaration for food. The Annex to Regulation (EU) No 609/2013 lists a series of substances that may be added to total diet replacement for weight control products, some of which are not covered by Article 30(2) of Regulation (EU) No 1169/2011. In order to ensure legal clarity, it should be laid down explicitly that the nutrition declaration for total diet replacement for weight control products may include such substances. In addition, in certain cases, more detailed information on carbohydrate and fat present in the product could be useful for consumers and healthcare professionals. Food business operators should therefore be allowed to provide such information on a voluntary basis. |
| --- | --- |

(9)

Article 30(2) of Regulation (EU) No 1169/2011 lists a limited number of nutrients that may be included on a voluntary basis in the nutrition declaration for food. The Annex to Regulation (EU) No 609/2013 lists a series of substances that may be added to total diet replacement for weight control products, some of which are not covered by Article 30(2) of Regulation (EU) No 1169/2011. In order to ensure legal clarity, it should be laid down explicitly that the nutrition declaration for total diet replacement for weight control products may include such substances. In addition, in certain cases, more detailed information on carbohydrate and fat present in the product could be useful for consumers and healthcare professionals. Food business operators should therefore be allowed to provide such information on a voluntary basis.

| (10) | Healthy overweight or obese adults may have different nutritional needs than the general population. In addition, total diet replacement for weight control is a food that fully replaces the daily diet. For those reasons, the expression of nutrition information on the energy value and the amount of nutrients of total diet replacement for weight control products as a percentage of daily reference intake values set out for the general population in Regulation (EU) No 1169/2011 would mislead consumers and should therefore not be allowed. |
| --- | --- |

(10)

Healthy overweight or obese adults may have different nutritional needs than the general population. In addition, total diet replacement for weight control is a food that fully replaces the daily diet. For those reasons, the expression of nutrition information on the energy value and the amount of nutrients of total diet replacement for weight control products as a percentage of daily reference intake values set out for the general population in Regulation (EU) No 1169/2011 would mislead consumers and should therefore not be allowed.

| (11) | Statements relating to the ‘very low’ or ‘low’ calorie content of total diet replacement for weight control products can provide useful information to consumers. Therefore it is appropriate to lay down rules on such voluntary statements. |
| --- | --- |

(11)

Statements relating to the ‘very low’ or ‘low’ calorie content of total diet replacement for weight control products can provide useful information to consumers. Therefore it is appropriate to lay down rules on such voluntary statements.

| (12) | Nutrition and health claims are promotional tools that are used on a voluntary basis by food business operators in commercial communication, in line with the rules of Regulation (EC) No 1924/2006 of the European Parliament and of the Council (5). Given the particular role of total diet replacement for weight control products in the diet of people consuming them, the use of nutrition and health claims should not be allowed for such products. Taking however into account that information on the presence of dietary fibre in total diet replacement for weight control products can be useful for consumers, provision should be made to allow nutrition claims to be made on the addition of dietary fibre under certain conditions. |
| --- | --- |

(12)

Nutrition and health claims are promotional tools that are used on a voluntary basis by food business operators in commercial communication, in line with the rules of Regulation (EC) No 1924/2006 of the European Parliament and of the Council (5). Given the particular role of total diet replacement for weight control products in the diet of people consuming them, the use of nutrition and health claims should not be allowed for such products. Taking however into account that information on the presence of dietary fibre in total diet replacement for weight control products can be useful for consumers, provision should be made to allow nutrition claims to be made on the addition of dietary fibre under certain conditions.

| (13) | Directive 96/8/EC required dietary fibre to be added to total diet replacement for weight control products. Due to the lack of scientific evidence in its regard the Authority could not establish a minimum content for dietary fibre in its latest opinion. For these reasons, it is appropriate to maintain the minimum amount for dietary fibre required under Directive 96/8/EC, if it is added to total diet replacement for weight control products. |
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(13)

Directive 96/8/EC required dietary fibre to be added to total diet replacement for weight control products. Due to the lack of scientific evidence in its regard the Authority could not establish a minimum content for dietary fibre in its latest opinion. For these reasons, it is appropriate to maintain the minimum amount for dietary fibre required under Directive 96/8/EC, if it is added to total diet replacement for weight control products.

| (14) | Article 17(2) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (6) requires Member States to enforce food law and to monitor and verify that the requirements are fulfilled by food and feed business operators at all stages of production, processing and distribution. In this context, in order to facilitate the efficient official monitoring of total diet replacement for weight control food, business operators placing such products on the market should provide the national competent authorities with a model of the label used and all relevant information considered necessary by the competent authorities for the purposes of verifying compliance with this Regulation, unless Member States have a different efficient monitoring system. |
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(14)

Article 17(2) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (6) requires Member States to enforce food law and to monitor and verify that the requirements are fulfilled by food and feed business operators at all stages of production, processing and distribution. In this context, in order to facilitate the efficient official monitoring of total diet replacement for weight control food, business operators placing such products on the market should provide the national competent authorities with a model of the label used and all relevant information considered necessary by the competent authorities for the purposes of verifying compliance with this Regulation, unless Member States have a different efficient monitoring system.

| (15) | In order to enable food business operators to adapt to the new requirements that may involve technical adaptation to the manufacturing process of the products concerned, this Regulation should apply from a date that is 5 years after its entry into force, |
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(15)

In order to enable food business operators to adapt to the new requirements that may involve technical adaptation to the manufacturing process of the products concerned, this Regulation should apply from a date that is 5 years after its entry into force,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down the following specific requirements with regard to total diet replacement for weight control products:

| (a) | compositional requirements; |
| --- | --- |

(a)

compositional requirements;

| (b) | requirements for labelling, presentation and advertising; |
| --- | --- |

(b)

requirements for labelling, presentation and advertising;

| (c) | notification requirements for placing the product on the market. |
| --- | --- |

(c)

notification requirements for placing the product on the market.

Article 2

Placing on the market

1.   The product name under which food covered by Article 2(2)(h) of Regulation (EU) No 609/2013 is sold shall be ‘total diet replacement for weight control’.

2.   Total diet replacement for weight control products may only be placed on the market where they comply with this Regulation.

Article 3

Compositional requirements

1.   Total diet replacement for weight control products shall comply with the compositional requirements set out in Annex I, taking into account the specifications in Annex II.

2.   The compositional requirements set out in Annex I shall apply to the food ready for use, marketed as such or after preparation in accordance with the manufacturer's instructions.

3.   Total diet replacement for weight control products may contain other ingredients than the substances listed in Annex I only if their suitability has been established by generally accepted scientific data.

Article 4

Specific requirements concerning food information

1.   In addition to the mandatory particulars listed in Article 9(1) of Regulation (EU) No 1169/2011, the following shall be additional mandatory particulars for total diet replacement for weight control products:

| (a) | a statement that the product is only intended for healthy overweight or obese adults who intend to achieve weight reduction; |
| --- | --- |

(a)

a statement that the product is only intended for healthy overweight or obese adults who intend to achieve weight reduction;

| (b) | a statement that the product should be not used by pregnant or lactating women, adolescents or by individuals suffering from a medical condition without the advice of a healthcare professional; |
| --- | --- |

(b)

a statement that the product should be not used by pregnant or lactating women, adolescents or by individuals suffering from a medical condition without the advice of a healthcare professional;

| (c) | a statement on the importance of maintaining an adequate daily fluid intake; |
| --- | --- |

(c)

a statement on the importance of maintaining an adequate daily fluid intake;

| (d) | a statement that the product provides adequate daily amounts of all essential nutrients when used in accordance with the instructions for use; |
| --- | --- |

(d)

a statement that the product provides adequate daily amounts of all essential nutrients when used in accordance with the instructions for use;

| (e) | a statement that the product should not be used for more than 8 weeks, or repeatedly for shorter periods than this, by healthy overweight or obese adults without the advice of a healthcare professional; |
| --- | --- |

(e)

a statement that the product should not be used for more than 8 weeks, or repeatedly for shorter periods than this, by healthy overweight or obese adults without the advice of a healthcare professional;

| (f) | instructions for appropriate preparation, where necessary, and a statement as to the importance of following those instructions; |
| --- | --- |

(f)

instructions for appropriate preparation, where necessary, and a statement as to the importance of following those instructions;

| (g) | if a product, when used as instructed by the manufacturer, provides a daily intake of polyols in excess of 20 g per day, a statement that the food may have a laxative effect; |
| --- | --- |

(g)

if a product, when used as instructed by the manufacturer, provides a daily intake of polyols in excess of 20 g per day, a statement that the food may have a laxative effect;

| (h) | if dietary fibre is not added to the product, a statement that the advice of a healthcare professional must be sought regarding the possibility of supplementing the product with dietary fibre. |
| --- | --- |

(h)

if dietary fibre is not added to the product, a statement that the advice of a healthcare professional must be sought regarding the possibility of supplementing the product with dietary fibre.

2.   When appearing on the package or on the label attached thereto, the mandatory particulars listed in paragraph 1 shall be indicated in such a way as to meet requirements laid down in Article 13(2) and (3) of Regulation (EU) No 1169/2011.

3.   The labelling, presentation and advertising of total diet replacement for weight control products shall not make any reference to the rate or amount of weight reduction which may result from its use.

Article 5

Specific requirements concerning the nutrition declaration

1.   In addition to the information referred to in Article 30(1) of Regulation (EU) No 1169/2011, the mandatory nutrition declaration for total diet replacement for weight control products shall include the amount of each mineral substance and of each vitamin listed in Annex I to this Regulation that are present in the product.

The mandatory nutrition declaration for total diet replacement for weight control products shall also include the amount of choline present, and if added, of dietary fibre.

2.   In addition to the information referred to in Article 30(2)(a) to (e) of Regulation (EU) No 1169/2011, the content of the mandatory nutrition declaration for total diet replacement for weight control products may be supplemented, with:

| (a) | the amounts of components of fat and carbohydrates; |
| --- | --- |

(a)

the amounts of components of fat and carbohydrates;

| (b) | the amounts of any of the substances listed in the Annex to Regulation (EU) No 609/2013, where such an indication is not covered by paragraph 1 of this Article; |
| --- | --- |

(b)

the amounts of any of the substances listed in the Annex to Regulation (EU) No 609/2013, where such an indication is not covered by paragraph 1 of this Article;

| (c) | the amount of any of the substances added to the product pursuant to Article 3(3). |
| --- | --- |

(c)

the amount of any of the substances added to the product pursuant to Article 3(3).

3.   By way of derogation from Article 30(3) of Regulation (EU) No 1169/2011, the information included in the mandatory nutrition declaration for total diet replacement for weight control products shall not be repeated on the labelling.

4.   The nutrition declaration shall be mandatory for all total diet replacement for weight control products, irrespective of the size of the largest surface of the packaging or container.

5.   All the nutrients included in the nutrition declaration for total diet replacement for weight control products shall meet requirements laid down in Article 31 to 35 of Regulation (EU) No 1169/2011.

6.   By way of derogation from Articles 31(3), 32(2) and 33(1) of Regulation (EU) No 1169/2011, the energy value and the amounts of nutrients of total diet replacement for weight control products shall be expressed per total daily ration as well as, per portion and/or per consumption unit of the food ready for use after preparation in accordance with the manufacturer's instructions. Where appropriate, information may in addition refer to 100 g or 100 ml of the food as sold.

7.   By way of derogation from Article 32(3) and (4) of Regulation (EU) No 1169/2011, the energy value and amount of nutrients of total diet replacement for weight control products shall not be expressed as a percentage of reference intakes set out in Annex XIII to that Regulation.

8.   The particulars included in the nutrition declaration for total diet replacement for weight control products that are not listed in Annex XV to Regulation (EU) No 1169/2011 shall be presented after the most relevant entry of that Annex they belong to or are components of.

Particulars not listed in Annex XV to Regulation (EU) No 1169/2011 that do not belong to or are not components of any of the entries of that Annex shall be presented in the nutrition declaration after the last entry of that Annex.

The indication of the amount of sodium shall appear together with the other minerals and may be repeated next to the indication of the salt content as follows: ‘Salt: X g (of which sodium: Y mg)’.

9.   The statement ‘very low calorie diet’ may be used for total diet replacement for weight control products provided that the energy content of the product is below 3 360 kJ/day (800 kcal/day).

10.   The statement ‘low calorie diet’ may be used for total diet replacement for weight control products provided that the energy content of the products is between 3 360 kJ/day (800 kcal/day) and 5 040 kJ/day (1 200 kcal/day).

Article 6

Nutrition and health claims

1.   Nutrition and health claims shall not be made on total diet replacement for weight control products.

2.   By way of derogation from paragraph 1, the nutrition claim ‘added fibre’ may be used for total diet replacement for weight control products provided that the dietary fibre content of the product is not less than 10 g.

Article 7

Notification

When total diet replacement for weight control products are placed on the market, the food business operator shall notify the competent authority of each Member State where the product concerned is being marketed of the information appearing on the label, by sending to it a model of the label used for the product, and of any other information the competent authority may reasonably request to establish compliance with this Regulation, unless a Member State exempts the food business operator from that obligation under a national system that guarantees an efficient official monitoring of the product concerned.

Article 8

References to Directive 96/8/EC

References to Directive 96/8/EC in other acts shall be construed as references to this Regulation.

Article 9

Entry into force

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

Official Journal of the European Union

It shall apply from 26 September 2022.

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

Done at Brussels, 2 June 2017.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 181, 29.6.2013, p. 35.

1

(2)  Commission Directive 96/8/EC of 26 February 1996 on food intended for use in energy restricted diets for weight reduction (OJ L 55, 6.3.1996, p. 22).

2

(3)  EFSA NDA Panel (EFSA Panel on Dietetic Products, Nutrition and Allergies), 2015. Scientific Opinion on the essential composition of total diet replacement for weight control, EFSA Journal 2015;13(1):3957, and EFSA NDA Panel (EFSA Panel on Dietetic Products, Nutrition and Allergies), 2016. Scientific Opinion on the Dietary Reference Values for choline, EFSA Journal 2016;14(8):4484.

3

EFSA Journal

EFSA Journal

(4)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

4

(5)  Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ L 404, 30.12.2006, p. 9).

5

(6)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

6

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ANNEX I

Compositional requirements referred to in Article 3

1.   ENERGY

The energy provided by total diet replacement for weight control products shall not be less than 2 510 kJ (600 kcal) and shall not exceed 5 020 kJ (1 200 kcal) for the total daily ration.

2.   PROTEIN

2.1.   The protein contained in total diet replacement for weight control products shall not be less than 75 g and shall not exceed 105 g for the total daily ration.

2.2.   For the purposes of point 2.1, ‘protein’ shall be understood as protein whose protein digestibility-corrected amino acid score is 1.0 when compared to the reference protein as set out in Annex II.

2.3.   The addition of amino acids is permitted solely for the purpose of improving the nutritional value of the proteins contained in total diet replacement for weight control products, and only in the proportions necessary for that purpose.

3.   CHOLINE

The choline contained in total diet replacement for weight control products shall not be less than 400 mg for the total daily ration.

4.   LIPIDS

4.1.   Linoleic acid

The linoleic acid contained in in total diet replacement for weight control products shall not be less than 11 g for the total daily ration.

4.2.   Alpha-linolenic acid

The alpha-linolenic acid contained in total diet replacement for weight control products shall not be less than 1,4 g for the total daily ration.

5.   CARBOHYDRATES

The carbohydrates contained in total diet replacement for weight control products shall not be less than 30 g for the total daily ration.

6.   VITAMINS AND MINERALS

Total diet replacement for weight control products shall provide at least the amounts of vitamins and minerals specified in Table 1 for the total daily ration.

Total diet replacement for weight control products shall not contain more than 250 mg of magnesium for the total daily ration.

Table 1

| Vitamin A | (μg RE (1)) | 700 |
| --- | --- | --- |
| Vitamin D | (μg) | 10 |
| Vitamin E (2) | (mg) | 10 |
| Vitamin C | (mg) | 110 |
| Vitamin K | (μg) | 70 |
| Thiamin | (mg) | 0,8 |
| Riboflavin | (mg) | 1,6 |
| Niacin | (mg-NE (3)) | 17 |
| Vitamin B6 | (mg) | 1,6 |
| Folate | (μg-DFE (4)) | 330 |
| Vitamin B12 | (μg) | 3 |
| Biotin | (μg) | 40 |
| Pantothenic acid | (mg) | 5 |
| Calcium | (mg) | 950 |
| Phosphorus | (mg) | 730 |
| Potassium | (g) | 3,1 |
| Iron | (mg) | 9 |
| Zinc | (mg) | 9,4 |
| Copper | (mg) | 1,1 |
| Iodine | (μg) | 150 |
| Molybdenum | (μg) | 65 |
| Selenium | (μg) | 70 |
| Sodium | (mg) | 575 |
| Magnesium | (mg) | 150 |
| Manganese | (mg) | 3 |
| Chloride | (mg) | 830 |

Vitamin A

(μg RE (1))

700

Vitamin D

(μg)

10

Vitamin E (2)

(mg)

10

Vitamin C

(mg)

110

Vitamin K

(μg)

70

Thiamin

(mg)

0,8

Riboflavin

(mg)

1,6

Niacin

(mg-NE (3))

17

Vitamin B6

(mg)

1,6

Folate

(μg-DFE (4))

330

Vitamin B12

(μg)

3

Biotin

(μg)

40

Pantothenic acid

(mg)

5

Calcium

(mg)

950

Phosphorus

(mg)

730

Potassium

(g)

3,1

Iron

(mg)

9

Zinc

(mg)

9,4

Copper

(mg)

1,1

Iodine

(μg)

150

Molybdenum

(μg)

65

Selenium

(μg)

70

Sodium

(mg)

575

Magnesium

(mg)

150

Manganese

(mg)

3

Chloride

(mg)

830

---

(1)  Retinol equivalents

(2)  Vitamin E activity of RRR α-tocopherol.

(3)  Niacin equivalents

(4)  Dietary folate equivalents: 1 μg DFE = 1 μg food folate = 0,6 μg folic acid from total diet replacement for weight control.

---

ANNEX II

Amino acid requirement pattern
   (1)

| | g/100g protein |
| --- | --- |
| Cystine + methionine | 2,2 |
| Histidine | 1,5 |
| Isoleucine | 3,0 |
| Leucine | 5,9 |
| Lysine | 4,5 |
| Phenylalanine + tyrosine | 3,8 |
| Threonine | 2,3 |
| Tryptophan | 0,6 |
| Valine | 3,9 |

g/100g protein

Cystine + methionine

2,2

Histidine

1,5

Isoleucine

3,0

Leucine

5,9

Lysine

4,5

Phenylalanine + tyrosine

3,8

Threonine

2,3

Tryptophan

0,6

Valine

3,9

---

(1)  World Health Organisation/Food and Agriculture Organisation of the United Nations/United Nations University), 2007. Protein and amino acid requirements in human nutrition. Report of a Joint WHO/FAO/UNU Expert Consultation. (WHO Technical Report Series, 935, 284 pp.).

---

| 6.9.2017 | EN | Official Journal of the European Union | L 230/10 |
| --- | --- | --- | --- |

6.9.2017

EN

Official Journal of the European Union

L 230/10

---

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1523

of 25 August 2017

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Limone Costa d'Amalfi (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected geographical indication ‘Limone Costa d'Amalfi’, registered under Commission Regulation (EC) No 1356/2001 (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy's application for the approval of amendments to the specification for the protected geographical indication ‘Limone Costa d'Amalfi’, registered under Commission Regulation (EC) No 1356/2001 (2).

| (2) | Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3), as required by Article 50(2)(a) of that Regulation. |
| --- | --- |

(2)

Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3), as required by Article 50(2)(a) of that Regulation.

| (3) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved, |
| --- | --- |

(3)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

HAS ADOPTED THIS REGULATION:

Article 1

The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Limone Costa d'Amalfi’ (PGI) are hereby approved.

Article 2

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

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

Done at Brussels, 25 August 2017.

For the Commission,

On behalf of the President,

Christos STYLIANIDES

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  Commission Regulation (EC) No 1356/2001 of 4 July 2001 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the ‘Register of protected designations of origin and protected geographical indications’ provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 182, 5.7.2001, p. 25).

2

(3)  
  OJ C 137, 29.4.2017, p. 4.

3

---

| 6.9.2017 | EN | Official Journal of the European Union | L 230/11 |
| --- | --- | --- | --- |

6.9.2017

EN

Official Journal of the European Union

L 230/11

---

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1524

of 5 September 2017

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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union (‘the Treaty’),

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic anti-dumping Regulation’), and in particular Article 8 thereof,

Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,

Having regard to Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People's Republic of China (3), and in particular Article 3 thereof,

Having regard to Commission Implementing Regulation (EU) 2017/367 of 1 March 2017 imposing a definitive anti-dumping 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 following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 11(3) of Regulation (EU) 2016/1036 (4), and in particular Article 2 thereof,

Having regard to Council Implementing Regulation (EU) No 1239/2013 of 2 December 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 (5), and in particular Article 2 thereof,

Having regard to Commission Implementing Regulation (EU) 2017/366 of 1 March 2017 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 following an expiry review pursuant to Article 18(2) of Regulation (EU) 2016/1037 of the European Parliament and of the Council and terminating the partial interim review investigation pursuant to Article 19(3) of Regulation (EU) 2016/1037 (6), and in particular Article 2 thereof,

Informing the Member States,

Whereas:

A.   UNDERTAKING AND OTHER EXISTING MEASURES

| (1) | By Regulation (EU) No 513/2013 (7), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’). |
| --- | --- |

(1)

By Regulation (EU) No 513/2013 (7), the European Commission (‘the Commission’) imposed a provisional anti-dumping duty on imports into the European Union (‘the Union’) of crystalline silicon photovoltaic modules (‘modules’) and key components (i.e. cells and wafers) originating in or consigned from the People's Republic of China (‘the PRC’).

7

| (2) | A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME. |
| --- | --- |

(2)

A group of exporting producers gave a mandate to the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (‘CCCME’) to submit a price undertaking on their behalf to the Commission, which they did. It is clear from the terms of that price undertaking that it constitutes a bundle of individual price undertakings for each exporting producer, which is, for reasons of practicality of administration, coordinated by the CCCME.

| (3) | By Decision 2013/423/EU (8), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (9), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty. |
| --- | --- |

(3)

By Decision 2013/423/EU (8), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (9), the Commission amended Regulation (EU) No 513/2013 to introduce the technical changes necessary due to the acceptance of the undertaking with regard to the provisional anti-dumping duty.

8

9

| (4) | By Implementing Regulation (EU) No 1238/2013, the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013, the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned. |
| --- | --- |

(4)

By Implementing Regulation (EU) No 1238/2013, the Council imposed a definitive anti-dumping duty on imports into the Union of modules and cells originating in or consigned from the PRC (‘the products concerned’). By Implementing Regulation (EU) No 1239/2013, the Council also imposed a definitive countervailing duty on imports into the Union of the products concerned.

| (5) | Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (10) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:






  (a) | Alternative Energy (AE) Solar Co. Ltd covered the TARIC additional code: B799 (‘AE Solar’) |
| --- | --- | --- |

(5)

Following the notification of an amended version of the price undertaking by a group of exporting producers (‘the exporting producers’) together with the CCCME, the Commission confirmed by Implementing Decision 2013/707/EU (10) the acceptance of the price undertaking as amended (‘the undertaking’) for the period of application of definitive measures. The Annex to this Decision lists the exporting producers for whom the undertaking was accepted, inter alia:

10

(a)

Alternative Energy (AE) Solar Co. Ltd covered the TARIC additional code: B799 (‘AE Solar’)

| (b) | Wuxi Saijing Solar Co. Ltd covered by the TARIC additional code: B890 (‘Wuxi Saijing’). |
| --- | --- |

(b)

Wuxi Saijing Solar Co. Ltd covered by the TARIC additional code: B890 (‘Wuxi Saijing’).

| (6) | By Implementing Decision 2014/657/EU (11), the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to thereafter as ‘measures’. |
| --- | --- |

(6)

By Implementing Decision 2014/657/EU (11), the Commission accepted a proposal by the exporting producers together with the CCCME for clarifications concerning the implementation of the undertaking for the products concerned covered by the undertaking, that is modules and cells originating in or consigned from the PRC, currently falling within CN codes ex 8541 40 90 (TARIC codes 8541409021, 8541409029, 8541409031 and 8541409039) produced by the exporting producers (‘product covered’). The anti-dumping and countervailing duties referred to in recital 4 above, together with the undertaking, are jointly referred to thereafter as ‘measures’.

11

| (7) | By Implementing Regulation (EU) 2015/866 (12), the Commission withdrew the acceptance of the undertaking for three exporting producers. |
| --- | --- |

(7)

By Implementing Regulation (EU) 2015/866 (12), the Commission withdrew the acceptance of the undertaking for three exporting producers.

12

| (8) | By Implementing Regulation (EU) 2015/1403 (13), the Commission withdrew the acceptance of the undertaking for another exporting producer. |
| --- | --- |

(8)

By Implementing Regulation (EU) 2015/1403 (13), the Commission withdrew the acceptance of the undertaking for another exporting producer.

13

| (9) | By Implementing Regulation (EU) 2015/2018 (14), the Commission withdrew the acceptance of the undertaking for two exporting producers. |
| --- | --- |

(9)

By Implementing Regulation (EU) 2015/2018 (14), the Commission withdrew the acceptance of the undertaking for two exporting producers.

14

| (10) | The Commission initiated an expiry review investigation of the anti-dumping measures by a Notice of Initiation published in the Official Journal of the European Union (15) on 5 December 2015. |
| --- | --- |

(10)

The Commission initiated an expiry review investigation of the anti-dumping measures by a Notice of Initiation published in the Official Journal of the European Union (15) on 5 December 2015.

Official Journal of the European Union

15

| (11) | The Commission initiated an expiry review investigation of the countervailing measures by a Notice of Initiation published in the Official Journal of the European Union (16) on 5 December 2015. |
| --- | --- |

(11)

The Commission initiated an expiry review investigation of the countervailing measures by a Notice of Initiation published in the Official Journal of the European Union (16) on 5 December 2015.

Official Journal of the European Union

16

| (12) | The Commission also initiated a partial interim review of the anti-dumping and countervailing measures by a Notice of Initiation published in the Official Journal of the European Union (17) on 5 December 2015. |
| --- | --- |

(12)

The Commission also initiated a partial interim review of the anti-dumping and countervailing measures by a Notice of Initiation published in the Official Journal of the European Union (17) on 5 December 2015.

Official Journal of the European Union

17

| (13) | By Implementing Regulation (EU) 2016/115 (18), the Commission withdrew the acceptance of the undertaking for another exporting producer. |
| --- | --- |

(13)

By Implementing Regulation (EU) 2016/115 (18), the Commission withdrew the acceptance of the undertaking for another exporting producer.

18

| (14) | By Implementing Regulation (EU) 2016/185 (19), the Commission extended the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not. |
| --- | --- |

(14)

By Implementing Regulation (EU) 2016/185 (19), the Commission extended the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 1238/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

19

| (15) | By Implementing Regulation (EU) 2016/184 (20), the Commission extended the definitive countervailing duty imposed by Implementing Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not. |
| --- | --- |

(15)

By Implementing Regulation (EU) 2016/184 (20), the Commission extended the definitive countervailing duty imposed by Implementing Regulation (EU) No 1239/2013 on imports of the products concerned originating in or consigned from the People's Republic of China to imports of the product concerned consigned from Malaysia and Taiwan, whether declared as originating in Malaysia and in Taiwan or not.

20

| (16) | By Implementing Regulation (EU) 2016/1045 (21), the Commission withdrew the acceptance of the undertaking for another exporting producer. |
| --- | --- |

(16)

By Implementing Regulation (EU) 2016/1045 (21), the Commission withdrew the acceptance of the undertaking for another exporting producer.

21

| (17) | By Implementing Regulation (EU) 2016/1382 (22), the Commission withdrew the acceptance of the undertaking for another five exporting producers. |
| --- | --- |

(17)

By Implementing Regulation (EU) 2016/1382 (22), the Commission withdrew the acceptance of the undertaking for another five exporting producers.

22

| (18) | By Implementing Regulation (EU) 2016/1402 (23), the Commission withdrew the acceptance of the undertaking for another three exporting producers. |
| --- | --- |

(18)

By Implementing Regulation (EU) 2016/1402 (23), the Commission withdrew the acceptance of the undertaking for another three exporting producers.

23

| (19) | By Implementing Regulation (EU) 2016/1998 (24), the Commission withdrew the acceptance of the undertaking for another five exporting producers. |
| --- | --- |

(19)

By Implementing Regulation (EU) 2016/1998 (24), the Commission withdrew the acceptance of the undertaking for another five exporting producers.

24

| (20) | By Implementing Regulation (EU) 2016/2146 (25), the Commission withdrew the acceptance of the undertaking for another two exporting producers. |
| --- | --- |

(20)

By Implementing Regulation (EU) 2016/2146 (25), the Commission withdrew the acceptance of the undertaking for another two exporting producers.

25

| (21) | Following the expiry and interim reviews referred to in recitals 10-12, the Commission maintained the measures in force by Implementing Regulations (EU) 2017/366 and (EU) 2017/367. |
| --- | --- |

(21)

Following the expiry and interim reviews referred to in recitals 10-12, the Commission maintained the measures in force by Implementing Regulations (EU) 2017/366 and (EU) 2017/367.

| (22) | The Commission also initiated a partial interim review on the form of measures by a Notice of Initiation published in the Official Journal of the European Union (26) on 3 March 2017. |
| --- | --- |

(22)

The Commission also initiated a partial interim review on the form of measures by a Notice of Initiation published in the Official Journal of the European Union (26) on 3 March 2017.

Official Journal of the European Union

26

| (23) | By Implementing Regulation (EU) 2017/454 (27), the Commission withdrew the acceptance of the undertaking for four exporting producers. |
| --- | --- |

(23)

By Implementing Regulation (EU) 2017/454 (27), the Commission withdrew the acceptance of the undertaking for four exporting producers.

27

| (24) | By Implementing Decision (EU) 2017/615 (28), the Commission accepted a proposal by a group of exporting producers together with the CCCME concerning the implementation of the undertaking. |
| --- | --- |

(24)

By Implementing Decision (EU) 2017/615 (28), the Commission accepted a proposal by a group of exporting producers together with the CCCME concerning the implementation of the undertaking.

28

| (25) | By Implementing Regulation (EU) 2017/941 (29), the Commission withdrew the acceptance of the undertaking for two exporting producers. |
| --- | --- |

(25)

By Implementing Regulation (EU) 2017/941 (29), the Commission withdrew the acceptance of the undertaking for two exporting producers.

29

| (26) | By Implementing Regulation (EU) 2017/1408 (30), the Commission withdrew the acceptance of the undertaking for another two exporting producers. |
| --- | --- |

(26)

By Implementing Regulation (EU) 2017/1408 (30), the Commission withdrew the acceptance of the undertaking for another two exporting producers.

30

| (27) | By Implementing Regulation (EU) 2017/1497 (31), the Commission withdrew the acceptance of the undertaking for one exporting producer. |
| --- | --- |

(27)

By Implementing Regulation (EU) 2017/1497 (31), the Commission withdrew the acceptance of the undertaking for one exporting producer.

31

B.   TERMS OF THE UNDERTAKING

| (28) | The exporting producers agreed, inter alia, not to sell the product covered to the first independent customer in the Union below a certain minimum import price (‘the MIP’) within the associated annual level of imports to the Union (‘annual level’) laid down in the undertaking. The MIP is set on a cash equivalent basis. If the payment term is different from the cash equivalent basis, a certain deduction is applied to the invoice value when compliance with the MIP is compared. |
| --- | --- |

(28)

The exporting producers agreed, inter alia, not to sell the product covered to the first independent customer in the Union below a certain minimum import price (‘the MIP’) within the associated annual level of imports to the Union (‘annual level’) laid down in the undertaking. The MIP is set on a cash equivalent basis. If the payment term is different from the cash equivalent basis, a certain deduction is applied to the invoice value when compliance with the MIP is compared.

| (29) | The exporting producers also agreed to sell the product covered only by means of direct sales. For the purpose of the undertaking, a direct sale is defined as a sale either to the first independent customer in the Union or via a related party in the Union listed in the undertaking. |
| --- | --- |

(29)

The exporting producers also agreed to sell the product covered only by means of direct sales. For the purpose of the undertaking, a direct sale is defined as a sale either to the first independent customer in the Union or via a related party in the Union listed in the undertaking.

| (30) | The undertaking also clarifies, in a non-exhaustive list, what constitutes a breach of the undertaking. That list includes, in particular, making compensatory arrangements with customers and taking part in a trading system leading to a risk of circumvention. The list also includes indirect sales to the Union by companies other than those listed in the undertaking. In addition, giving misleading descriptions of the characteristics of the modules also constitutes a breach. |
| --- | --- |

(30)

The undertaking also clarifies, in a non-exhaustive list, what constitutes a breach of the undertaking. That list includes, in particular, making compensatory arrangements with customers and taking part in a trading system leading to a risk of circumvention. The list also includes indirect sales to the Union by companies other than those listed in the undertaking. In addition, giving misleading descriptions of the characteristics of the modules also constitutes a breach.

| (31) | The undertaking also obliges the exporting producers to provide the Commission on a quarterly basis with detailed information on all their export sales to and re-sales in the Union (‘the quarterly reports’). This implies that the data submitted in these quarterly reports must be complete and correct and that the reported transactions fully comply with the terms of the undertaking. Reporting of re-sales in the Union is a particular obligation when the product covered is sold to the first independent customer through a related importer. Only these reports enable the Commission to monitor whether the re-sale price of the related importer to the first independent customer is in accordance the MIP. |
| --- | --- |

(31)

The undertaking also obliges the exporting producers to provide the Commission on a quarterly basis with detailed information on all their export sales to and re-sales in the Union (‘the quarterly reports’). This implies that the data submitted in these quarterly reports must be complete and correct and that the reported transactions fully comply with the terms of the undertaking. Reporting of re-sales in the Union is a particular obligation when the product covered is sold to the first independent customer through a related importer. Only these reports enable the Commission to monitor whether the re-sale price of the related importer to the first independent customer is in accordance the MIP.

| (32) | The exporting producer is liable for the breach of any of its related parties, whether or not listed in the undertaking. |
| --- | --- |

(32)

The exporting producer is liable for the breach of any of its related parties, whether or not listed in the undertaking.

| (33) | The exporting producers also undertook to consult the Commission regarding any difficulties or questions, technical or otherwise, which may arise during the implementation of the undertaking. |
| --- | --- |

(33)

The exporting producers also undertook to consult the Commission regarding any difficulties or questions, technical or otherwise, which may arise during the implementation of the undertaking.

C.   MONITORING OF THE EXPORTING PRODUCERS

| (34) | While monitoring compliance with the undertaking, the Commission verified information submitted by AE Solar and Wuxi Saijing that was relevant to the undertaking. The Commission also assessed publicly available information regarding the corporate structure of AE Solar. |
| --- | --- |

(34)

While monitoring compliance with the undertaking, the Commission verified information submitted by AE Solar and Wuxi Saijing that was relevant to the undertaking. The Commission also assessed publicly available information regarding the corporate structure of AE Solar.

| (35) | The Commission also requested assistance and received evidence from customs authorities of one Member State on the basis of Articles 8(9) and 14(7) of the basic anti-dumping Regulation and Articles 13(9) and 24(7) of the basic anti-subsidy Regulation. |
| --- | --- |

(35)

The Commission also requested assistance and received evidence from customs authorities of one Member State on the basis of Articles 8(9) and 14(7) of the basic anti-dumping Regulation and Articles 13(9) and 24(7) of the basic anti-subsidy Regulation.

| (36) | The findings listed in recitals 37 to 42 address the problems identified for AE Solar and Wuxi Saijing which oblige the Commission to withdraw acceptance of the undertaking for those two exporting producers. |
| --- | --- |

(36)

The findings listed in recitals 37 to 42 address the problems identified for AE Solar and Wuxi Saijing which oblige the Commission to withdraw acceptance of the undertaking for those two exporting producers.

D.   GROUNDS TO WITHDRAW THE ACCEPTANCE OF THE UNDERTAKING

(a)   AE Solar

| (37) | In its quarterly reports, AE Solar had reported several sales transactions of the product covered to an allegedly unrelated importer in the Union and had issued undertaking invoices. Based on the information available to the Commission, the importer involved in these transactions was however related to AE Solar. The name of the allegedly unrelated importer in the Union is nearly identical to AE Solar's, they have the same web address structure and share the same logo. In addition, the web page of the allegedly unrelated importer refers to its production site in Asia. The web contact of AE Solar's sales manager automatically transfers to the website of the allegedly unrelated importer in the Union, hence suggesting this party being related to AE Solar under Article 127(1)(a) of Commission Implementing Regulation (EU) 2015/2447 (32) (‘Union Customs Code Implementing Act’). In addition, in its quarterly reports, AE Solar used the customer number allocated to the above allegedly unrelated importer to report sales to a different customer in the Union, hence putting into question the correctness of the reports as referred to in recital 30. In addition, publicly available information suggests this latter customer in the Union being a related party of AE Solar too. The name of the sales contact of this customer in the Union is identical with the sales manager of AE Solar, hence related to AE Solar under Article 127(1)(a) of the Union Customs Code Implementing Act. As none of these importers are listed as a related party in the undertaking, AE Solar breached the terms of the undertaking as described in recitals 28 to 30. |
| --- | --- |

(37)

In its quarterly reports, AE Solar had reported several sales transactions of the product covered to an allegedly unrelated importer in the Union and had issued undertaking invoices. Based on the information available to the Commission, the importer involved in these transactions was however related to AE Solar. The name of the allegedly unrelated importer in the Union is nearly identical to AE Solar's, they have the same web address structure and share the same logo. In addition, the web page of the allegedly unrelated importer refers to its production site in Asia. The web contact of AE Solar's sales manager automatically transfers to the website of the allegedly unrelated importer in the Union, hence suggesting this party being related to AE Solar under Article 127(1)(a) of Commission Implementing Regulation (EU) 2015/2447 (32) (‘Union Customs Code Implementing Act’). In addition, in its quarterly reports, AE Solar used the customer number allocated to the above allegedly unrelated importer to report sales to a different customer in the Union, hence putting into question the correctness of the reports as referred to in recital 30. In addition, publicly available information suggests this latter customer in the Union being a related party of AE Solar too. The name of the sales contact of this customer in the Union is identical with the sales manager of AE Solar, hence related to AE Solar under Article 127(1)(a) of the Union Customs Code Implementing Act. As none of these importers are listed as a related party in the undertaking, AE Solar breached the terms of the undertaking as described in recitals 28 to 30.

32

| (38) | None of the re-sales by the related importers was reported to the Commission. Consequently, AE Solar also breached the terms of the undertaking as described in recitals 31 and 32. |
| --- | --- |

(38)

None of the re-sales by the related importers was reported to the Commission. Consequently, AE Solar also breached the terms of the undertaking as described in recitals 31 and 32.

(b)   Wuxi Saijing

| (39) | Based on the evidence received from customs authorities, Wuxi Saijing had set up a trading system with one unrelated importer to sell solar modules below the MIP since the entry into force of the undertaking. Wuxi Saijing issued undertaking invoices respecting the MIP to this customer and the customer first paid the face value due for these transactions to Wuxi Saijing. |
| --- | --- |

(39)

Based on the evidence received from customs authorities, Wuxi Saijing had set up a trading system with one unrelated importer to sell solar modules below the MIP since the entry into force of the undertaking. Wuxi Saijing issued undertaking invoices respecting the MIP to this customer and the customer first paid the face value due for these transactions to Wuxi Saijing.

| (40) | However, Wuxi Saijing and its unrelated customer referred to in recital 39 kept a parallel sales record tracking the difference between the face value of the undertaking invoice prices and the actual sales prices, which latter were systematically below the MIP. Wuxi Saijing compensated its unrelated customer for the difference between the face value and the actual sales price by payments of private invoices. Such pattern constitutes a breach of the undertaking as referred in recitals 28 and 30. |
| --- | --- |

(40)

However, Wuxi Saijing and its unrelated customer referred to in recital 39 kept a parallel sales record tracking the difference between the face value of the undertaking invoice prices and the actual sales prices, which latter were systematically below the MIP. Wuxi Saijing compensated its unrelated customer for the difference between the face value and the actual sales price by payments of private invoices. Such pattern constitutes a breach of the undertaking as referred in recitals 28 and 30.

| (41) | Wuxi Saijing also breached its reporting obligation as described in recital 31 by not reporting the above benefits granted to its unrelated customer. |
| --- | --- |

(41)

Wuxi Saijing also breached its reporting obligation as described in recital 31 by not reporting the above benefits granted to its unrelated customer.

| (42) | Finally, based on the evidence received from customs authorities, Wuxi Saijing issued several undertaking invoices for modules to which so-called optimisers were attached. These products are classifiable under CN code ex 8501 31 00 and are not covered by the undertaking. Wuxi Saijing had declared these products as solar panels under CN code ex 8541 40 90 and had obtained export undertaking certificates for these products. Such practise also constitutes a breach of the undertaking as described in recital 30 as the characteristics of the products were misleadingly described. |
| --- | --- |

(42)

Finally, based on the evidence received from customs authorities, Wuxi Saijing issued several undertaking invoices for modules to which so-called optimisers were attached. These products are classifiable under CN code ex 8501 31 00 and are not covered by the undertaking. Wuxi Saijing had declared these products as solar panels under CN code ex 8541 40 90 and had obtained export undertaking certificates for these products. Such practise also constitutes a breach of the undertaking as described in recital 30 as the characteristics of the products were misleadingly described.

E.   INVALIDATION OF UNDERTAKING INVOICES

| (43) | The indirect sales transactions made by AE Solar are linked to the following undertaking invoices:






  Number of Commercial invoice accompanying goods subject to an undertaking | Date |
| --- | --- | --- |
| AE-20150703-AE | 20.7.2015 |
| AE-20151026-AE | 14.11.2015 |
| PRAF02316001-1 | 31.3.2016 |
| AE-20160513-AE | 1.6.2016 |
| AE-20160530-AE | 15.6.2016 |
| PRAF02316001-2 | 22.4.2016 |
| AE2017051002 | 15.5.2017 |

(43)

The indirect sales transactions made by AE Solar are linked to the following undertaking invoices:

Number of Commercial invoice accompanying goods subject to an undertaking

Date

AE-20150703-AE

20.7.2015

AE-20151026-AE

14.11.2015

PRAF02316001-1

31.3.2016

AE-20160513-AE

1.6.2016

AE-20160530-AE

15.6.2016

PRAF02316001-2

22.4.2016

AE2017051002

15.5.2017

| (44) | The sales transactions made by Wuxi Saijing to the unrelated customer referred to in recitals 39 are linked to the following undertaking invoices:






  Number of Commercial invoice accompanying goods subject to an undertaking | Date |
| --- | --- | --- |
| PI-EC130821KR | 21.8.2013 |
| PI-EC130924KR | 24.9.2013 |
| PI-EC130909KR-1 | 9.9.2013 |
| PI-EC130909KR-2 | 9.9.2013 |
| PI-EC130930KR | 24.10.2013 |
| PI-EC131008KR | 4.11.2013 |
| PI-EC140222KR | 4.3.2014 |
| PI-EC140114KR | 22.1.2014 |
| PI-EC140207KR | 4.3.2014 |
| PI-EC140513KR | 18.6.2014 |
| PI-EC140416KR | 24.4.2014 |
| PI-EC140919KR | 23.9.2014 |
| PI-EC140623KR | 8.7.2014 |
| PI-EC140821KR | 8.9.2014 |
| PI-EC140714KR | 23.7.2014 |
| PI-EC140804KR | 25.8.2014 |
| PI-EC140919KR-M | 30.10.2014 |
| PI-EC140925KR | 11.10.2014 |
| PI-EC150319KR-1 | 24.3.2015 |
| PI-EC150113KR-55 | 30.1.2015 |
| PI-EC150326KR | 26.3.2015 |
| PI-EC150319KR-2R | 24.3.2015 |
| PI-EC150109KR | 16.1.2015 |
| PI-EC150113KR-57 | 16.3.2015 |
| PI-EC150429KR-1 | 2.6.2015 |
| PI-EC150429KR-2 | 2.6.2015 |
| PI-EC150113KR-57R | 26.5.2015 |
| PI-EC150617KR | 7.8.2015 |
| PI-EC15813KR | 6.9.2015 |
| PI-EC150907KR | 11.11.2015 |
| PI-EC15831KR | 12.10.2015 |
| PI-EC151013KR | 11.11.2015 |
| PI-EC150906KR | 1.11.2015 |
| PI-EC150918KR | 11.11.2015 |
| PI-EC150930KR | 1.11.2015 |
| PI-EC151025KR | 23.12.2015 |
| PI-EC160113KR | 28.1.2016 |
| PI-EC151224KR4 | 18.1.2016 |
| PI-EC160111KR | 16.2.2016 |
| PI-EC160112KR | 16.2.2016 |
| PI-EC151224KR3 | 18.1.2016 |
| PI-EC151224KR2 | 13.1.2016 |
| PI-EC160115KR | 28.1.2016 |
| PI-EC160114KR | 16.2.2016 |
| PI-EC160202KR | 28.3.2016 |
| PI-EC151224KR1 | 13.1.2016 |
| PI-EC160316KR-R | 12.4.2016 |
| PI-EC160320KR | 27.4.2016 |
| PI-EC160317KR-R | 14.4.2016 |
| PI-EC160401KR2 | 12.5.2016 |
| PI-EC160408KR-R | 4.5.2016 |
| PI-EC160318KR-R | 22.4.2016 |
| PI-EC160401KR1 | 12.5.2016 |
| PI-EC160407KR-R | 4.5.2016 |
| PI-EC160409KR | 31.5.2016 |
| PI-EC160410KR | 7.6.2016 |
| PI-EC160319KR | 25.4.2016 |
| PI-EC160428KR-1 | 18.7.2016 |

(44)

The sales transactions made by Wuxi Saijing to the unrelated customer referred to in recitals 39 are linked to the following undertaking invoices:

Number of Commercial invoice accompanying goods subject to an undertaking

Date

PI-EC130821KR

21.8.2013

PI-EC130924KR

24.9.2013

PI-EC130909KR-1

9.9.2013

PI-EC130909KR-2

9.9.2013

PI-EC130930KR

24.10.2013

PI-EC131008KR

4.11.2013

PI-EC140222KR

4.3.2014

PI-EC140114KR

22.1.2014

PI-EC140207KR

4.3.2014

PI-EC140513KR

18.6.2014

PI-EC140416KR

24.4.2014

PI-EC140919KR

23.9.2014

PI-EC140623KR

8.7.2014

PI-EC140821KR

8.9.2014

PI-EC140714KR

23.7.2014

PI-EC140804KR

25.8.2014

PI-EC140919KR-M

30.10.2014

PI-EC140925KR

11.10.2014

PI-EC150319KR-1

24.3.2015

PI-EC150113KR-55

30.1.2015

PI-EC150326KR

26.3.2015

PI-EC150319KR-2R

24.3.2015

PI-EC150109KR

16.1.2015

PI-EC150113KR-57

16.3.2015

PI-EC150429KR-1

2.6.2015

PI-EC150429KR-2

2.6.2015

PI-EC150113KR-57R

26.5.2015

PI-EC150617KR

7.8.2015

PI-EC15813KR

6.9.2015

PI-EC150907KR

11.11.2015

PI-EC15831KR

12.10.2015

PI-EC151013KR

11.11.2015

PI-EC150906KR

1.11.2015

PI-EC150918KR

11.11.2015

PI-EC150930KR

1.11.2015

PI-EC151025KR

23.12.2015

PI-EC160113KR

28.1.2016

PI-EC151224KR4

18.1.2016

PI-EC160111KR

16.2.2016

PI-EC160112KR

16.2.2016

PI-EC151224KR3

18.1.2016

PI-EC151224KR2

13.1.2016

PI-EC160115KR

28.1.2016

PI-EC160114KR

16.2.2016

PI-EC160202KR

28.3.2016

PI-EC151224KR1

13.1.2016

PI-EC160316KR-R

12.4.2016

PI-EC160320KR

27.4.2016

PI-EC160317KR-R

14.4.2016

PI-EC160401KR2

12.5.2016

PI-EC160408KR-R

4.5.2016

PI-EC160318KR-R

22.4.2016

PI-EC160401KR1

12.5.2016

PI-EC160407KR-R

4.5.2016

PI-EC160409KR

31.5.2016

PI-EC160410KR

7.6.2016

PI-EC160319KR

25.4.2016

PI-EC160428KR-1

18.7.2016

| (45) | Therefore, in accordance with Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013 and Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013, these invoices are declared invalid. The customs debt incurred at the time of acceptance of the declaration for release into free circulation should be recovered by the national customs authorities under Article 105(3)-(6) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (33) when the withdrawal of the undertaking in relation to the two exporting producers enters into force. The national customs authorities responsible for the collection of duties will be informed accordingly. |
| --- | --- |

(45)

Therefore, in accordance with Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013 and Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013, these invoices are declared invalid. The customs debt incurred at the time of acceptance of the declaration for release into free circulation should be recovered by the national customs authorities under Article 105(3)-(6) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (33) when the withdrawal of the undertaking in relation to the two exporting producers enters into force. The national customs authorities responsible for the collection of duties will be informed accordingly.

33

| (46) | In this context, the Commission recalls that pursuant to Article 3(1)(b) read in conjunction with Annex III, point 7 of Implementing Regulation (EU) No 1238/2013, Article (2)(1)(b) read in conjunction with Annex III, point 7 of Implementing Regulation (EU) 2017/367 and to Article 2(1)(b) read in conjunction with Annex 2, point 7 of Implementing Regulation (EU) No 1239/2013, Article 2(2)(b) read in conjunction with Annex 2, point 7 of Implementing Regulation (EU) 2017/366, imports are only exempted from duties if the invoice indicates the price and possible rebates for the product covered. Where those conditions are not complied with, duties are due, even where the commercial invoice accompanying the goods has not been invalidated by the Commission. |
| --- | --- |

(46)

In this context, the Commission recalls that pursuant to Article 3(1)(b) read in conjunction with Annex III, point 7 of Implementing Regulation (EU) No 1238/2013, Article (2)(1)(b) read in conjunction with Annex III, point 7 of Implementing Regulation (EU) 2017/367 and to Article 2(1)(b) read in conjunction with Annex 2, point 7 of Implementing Regulation (EU) No 1239/2013, Article 2(2)(b) read in conjunction with Annex 2, point 7 of Implementing Regulation (EU) 2017/366, imports are only exempted from duties if the invoice indicates the price and possible rebates for the product covered. Where those conditions are not complied with, duties are due, even where the commercial invoice accompanying the goods has not been invalidated by the Commission.

F.   ASSESSMENT OF PRACTICABILITY OF THE OVERALL UNDERTAKING

| (47) | The undertaking stipulates that a breach by an individual exporting producer does not automatically lead to the withdrawal of the acceptance of the undertaking for all exporting producers. In such a case, the Commission should assess the impact of that particular breach on the practicability of the undertaking with the effect for all exporting producers and the CCCME. |
| --- | --- |

(47)

The undertaking stipulates that a breach by an individual exporting producer does not automatically lead to the withdrawal of the acceptance of the undertaking for all exporting producers. In such a case, the Commission should assess the impact of that particular breach on the practicability of the undertaking with the effect for all exporting producers and the CCCME.

| (48) | The Commission accordingly assessed the impact of the breaches by AE Solar and Wuxi Saijing on the practicability of the undertaking with the effect for all exporting producers and the CCCME. |
| --- | --- |

(48)

The Commission accordingly assessed the impact of the breaches by AE Solar and Wuxi Saijing on the practicability of the undertaking with the effect for all exporting producers and the CCCME.

| (49) | The responsibility for the breaches lies alone with the exporting producers in question; the monitoring has not revealed any systematic breaches by a major number of exporting producers or the CCCME. |
| --- | --- |

(49)

The responsibility for the breaches lies alone with the exporting producers in question; the monitoring has not revealed any systematic breaches by a major number of exporting producers or the CCCME.

| (50) | The Commission therefore concluded that the overall functioning of the undertaking is not affected and that there are no grounds for withdrawal of the acceptance of the undertaking for all exporting producers and the CCCME. |
| --- | --- |

(50)

The Commission therefore concluded that the overall functioning of the undertaking is not affected and that there are no grounds for withdrawal of the acceptance of the undertaking for all exporting producers and the CCCME.

G.   WRITTEN SUBMISSIONS AND HEARINGS

| (51) | Interested parties were granted the opportunity to be heard and to comment pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation. Both exporting producers and two importers submitted comments. |
| --- | --- |

(51)

Interested parties were granted the opportunity to be heard and to comment pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation. Both exporting producers and two importers submitted comments.

| (52) | Regarding AE Solar, the allegedly unrelated importer in the Union confirmed the relationship between the two companies, however, it alleged that it had never sold modules or cells below the MIP to the first independent customer in the Union. The Commission considers that the relationship on its own constitutes a breach of the undertaking and that the invoices relating to the indirect sales to this importer were not made and reported in conformity with the undertaking. The Commission therefore rejects this argument. In addition, the Commission notes that the invoices submitted by AE Solar do not prove that the MIP was respected for the above transactions as the resale invoices covered both solar panels and other products. |
| --- | --- |

(52)

Regarding AE Solar, the allegedly unrelated importer in the Union confirmed the relationship between the two companies, however, it alleged that it had never sold modules or cells below the MIP to the first independent customer in the Union. The Commission considers that the relationship on its own constitutes a breach of the undertaking and that the invoices relating to the indirect sales to this importer were not made and reported in conformity with the undertaking. The Commission therefore rejects this argument. In addition, the Commission notes that the invoices submitted by AE Solar do not prove that the MIP was respected for the above transactions as the resale invoices covered both solar panels and other products.

| (53) | Wuxi Saijing submitted that it had never compensated the unrelated importer in the Union and submitted a corresponding global statement by an auditor. The Commission cannot accept this global statement which does not contain any further evidence on the lack of compensation to the unrelated importer, in particular to refute the arguments and evidence on the compensation disclosed to Wuxi Saijing. The Commission therefore rejects the argument. |
| --- | --- |

(53)

Wuxi Saijing submitted that it had never compensated the unrelated importer in the Union and submitted a corresponding global statement by an auditor. The Commission cannot accept this global statement which does not contain any further evidence on the lack of compensation to the unrelated importer, in particular to refute the arguments and evidence on the compensation disclosed to Wuxi Saijing. The Commission therefore rejects the argument.

| (54) | Both Wuxi Saijing and the unrelated importer in the Union submitted that the products referred to in recital 42 should be classified under CN code ex 8541 40 90 and referred to various technical specifications. The Commission rejects this argument as the classification of products is made following an importer's declaration and lies with the responsibility of national customs authorities who had classified the products under CN code ex 8501 31 00. Any disagreement on the classification of the product should, accordingly, be addressed to the national customs authorities directly. |
| --- | --- |

(54)

Both Wuxi Saijing and the unrelated importer in the Union submitted that the products referred to in recital 42 should be classified under CN code ex 8541 40 90 and referred to various technical specifications. The Commission rejects this argument as the classification of products is made following an importer's declaration and lies with the responsibility of national customs authorities who had classified the products under CN code ex 8501 31 00. Any disagreement on the classification of the product should, accordingly, be addressed to the national customs authorities directly.

| (55) | Wuxi Saijing's unrelated importer requested access to confidential information which had been disclosed to Wuxi Saijing. The Commission rejects this request for disclosure as the unrelated importer is not party to the undertaking and because the disclosure contains confidential business information of Wuxi Saijing. |
| --- | --- |

(55)

Wuxi Saijing's unrelated importer requested access to confidential information which had been disclosed to Wuxi Saijing. The Commission rejects this request for disclosure as the unrelated importer is not party to the undertaking and because the disclosure contains confidential business information of Wuxi Saijing.

H.   WITHDRAWAL OF THE ACCEPTANCE OF THE UNDERTAKING AND IMPOSITIONS OF DEFINITIVE DUTIES

| (56) | Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission concluded that the acceptance of the undertaking for AE Solar and Wuxi Saijing should be withdrawn. |
| --- | --- |

(56)

Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation, Article 13(9) of the basic anti-subsidy Regulation and also in accordance with the terms of the undertaking, the Commission concluded that the acceptance of the undertaking for AE Solar and Wuxi Saijing should be withdrawn.

| (57) | Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) 2017/367 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 and maintained by Article 1 of Implementing Regulation (EU) 2017/366 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by AE Solar and Wuxi Saijing as of the day of entry into force of this Regulation. |
| --- | --- |

(57)

Accordingly, pursuant to Article 8(9) of the basic anti-dumping Regulation and Article 13(9) of the basic anti-subsidy Regulation, the definitive anti-dumping duty imposed by Article 1 of Implementing Regulation (EU) 2017/367 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 and maintained by Article 1 of Implementing Regulation (EU) 2017/366 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by AE Solar and Wuxi Saijing as of the day of entry into force of this Regulation.

| (58) | The Commission also recalls that where the customs authorities of the Member States have indications that the price presented on an undertaking invoice does not correspond to the price actually paid, they should investigate whether the requirement to include any rebates in the undertaking invoices has been violated or the MIP has not been respected. Where customs authorities of the Member States conclude that there has been such a violation or whether the MIP has not been respected, they should collect the duties as a consequence thereof. In order to facilitate, on the basis of Article 4(3) of the Treaty, the work of the customs authorities of the Member States, the Commission should share in such situations the confidential text and other information of the undertaking for the sole purpose of national proceedings. |
| --- | --- |

(58)

The Commission also recalls that where the customs authorities of the Member States have indications that the price presented on an undertaking invoice does not correspond to the price actually paid, they should investigate whether the requirement to include any rebates in the undertaking invoices has been violated or the MIP has not been respected. Where customs authorities of the Member States conclude that there has been such a violation or whether the MIP has not been respected, they should collect the duties as a consequence thereof. In order to facilitate, on the basis of Article 4(3) of the Treaty, the work of the customs authorities of the Member States, the Commission should share in such situations the confidential text and other information of the undertaking for the sole purpose of national proceedings.

| (59) | For information purposes the table in the Annex II to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected, |
| --- | --- |

(59)

For information purposes the table in the Annex II to this Regulation lists the exporting producers for whom the acceptance of the undertaking by Implementing Decision 2013/707/EU is not affected,

HAS ADOPTED THIS REGULATION:

Article 1

Acceptance of the undertaking in relation to the following companies is hereby withdrawn:

| Name of the company | TARIC additional code |
| --- | --- |
| Alternative Energy (AE) Solar Co. Ltd | B799 |
| Wuxi Saijing Solar Co. Ltd | B890 |

Name of the company

TARIC additional code

Alternative Energy (AE) Solar Co. Ltd

B799

Wuxi Saijing Solar Co. Ltd

B890

Article 2

1.   The undertaking invoices listed in Annex I to this Regulation are declared invalid.

2.   The anti-dumping and countervailing duties due at the time of acceptance of the customs declaration for release into free circulation under Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013 and Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013 shall be collected.

Article 3

1.   Where customs authorities have indications that the price presented on an undertaking invoice pursuant to Article 3(1)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(1)(b) of Implementing Regulation (EU) 2017/367, Article 2(1)(b) of Implementing Regulation (EU) No 1239/2013 and Article 2(1)(b) of Implementing Regulation (EU) 2017/366 issued by one of the companies from which the undertaking was initially accepted by Implementing Decision 2013/707/EU does not correspond to the price paid and that therefore those companies may have violated the undertaking, the customs authorities may, if necessary for the purpose of conducting national proceedings, request the Commission to disclose to them a copy of the undertaking and other information in order to verify the applicable minimum import price (‘MIP’) on the day when the undertaking invoice was issued.

2.   Where that verification reveals that the price paid is lower than the MIP, the duties due as a consequence under Article 8(9) of Regulation (EU) 2016/1036 and Article 13(9) of Regulation (EU) 2016/1037 shall be collected.

Where that verification reveals that discounts and rebates have not been included in the commercial invoice, the duties due as a consequence under Article 3(2)(a) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366 shall be collected.

3.   The information in accordance with paragraph 1 may only be used for the purpose of enforcement of duties due under Article 3(2)(a) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(a) of Implementing Regulation (EU) 2017/367, Article 2(2)(a) of Implementing Regulation (EU) No 1239/2013 and Article 2(2)(a) of Implementing Regulation (EU) 2017/366. In this context, customs authorities of the Member States may provide the debtor of those duties with this information for the sole purpose of safeguarding their rights of defence. Such information may under no circumstances be disclosed to third parties.

Article 4

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

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

Done at Brussels, 5 September 2017.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 176, 30.6.2016, p. 21.

1

(2)  
  OJ L 176, 30.6.2016, p. 55.

2

(3)  
  OJ L 325, 5.12.2013, p. 1.

3

(4)  
  OJ L 56, 3.3.2017, p. 131.

4

(5)  
  OJ L 325, 5.12.2013, p. 66.

5

(6)  
  OJ L 56, 3.3.2017, p. 1.

6

(7)  
  OJ L 152, 5.6.2013, p. 5.

7

(8)  
  OJ L 209, 3.8.2013, p. 26.

8

(9)  
  OJ L 209, 3.8.2013, p. 1.

9

(10)  
  OJ L 325, 5.12.2013, p. 214.

10

(11)  
  OJ L 270, 11.9.2014, p. 6.

11

(12)  
  OJ L 139, 5.6.2015, p. 30.

12

(13)  
  OJ L 218, 19.8.2015, p. 1.

13

(14)  
  OJ L 295, 12.11.2015, p. 23.

14

(15)  
  OJ C 405, 5.12.2015, p. 8.

15

(16)  
  OJ C 405, 5.12.2015, p. 20.

16

(17)  
  OJ C 405, 5.12.2015, p. 33.

17

(18)  
  OJ L 23, 29.1.2016, p. 47.

18

(19)  
  OJ L 37, 12.2.2016, p. 76.

19

(20)  
  OJ L 37, 12.2.2016, p. 56.

20

(21)  
  OJ L 170, 29.6.2016, p. 5.

21

(22)  
  OJ L 222, 17.8.2016, p. 10.

22

(23)  
  OJ L 228, 23.8.2016, p. 16.

23

(24)  
  OJ L 308, 16.11.2016, p. 8.

24

(25)  
  OJ L 333, 8.12.2016, p. 4.

25

(26)  
  OJ C 67, 3.3.2017, p. 16.

26

(27)  
  OJ L 71, 16.3.2017, p. 5.

27

(28)  
  OJ L 86, 31.3.2017, p. 14.

28

(29)  
  OJ L 142, 2.6.2017, p. 43.

29

(30)  
  OJ L 201, 2.8.2017, p. 3.

30

(31)  
  OJ L 218, 24.8.2017, p. 10.

31

(32)  
  OJ L 343, 29.12.2015, p. 558.

32

(33)  
  OJ L 269, 10.10.2013, p. 1.

33

---

ANNEX I

List of undertaking invoices issued by Alternative Energy (AE) Solar Co. Ltd, which are declared invalid:

| Number of Commercial invoice accompanying goods subject to an undertaking | Date |
| --- | --- |
| AE-20150703-AE | 20.7.2015 |
| AE-20151026-AE | 14.11.2015 |
| PRAF02316001-1 | 31.3.2016 |
| AE-20160513-AE | 1.6.2016 |
| AE-20160530-AE | 15.6.2016 |
| PRAF02316001-2 | 22.4.2016 |
| AE2017051002 | 15.5.2017 |

Number of Commercial invoice accompanying goods subject to an undertaking

Date

AE-20150703-AE

20.7.2015

AE-20151026-AE

14.11.2015

PRAF02316001-1

31.3.2016

AE-20160513-AE

1.6.2016

AE-20160530-AE

15.6.2016

PRAF02316001-2

22.4.2016

AE2017051002

15.5.2017

List of undertaking invoices issued by Wuxi Saijing Solar Co. Ltd, which are declared invalid:

| Number of Commercial invoice accompanying goods subject to an undertaking | Date |
| --- | --- |
| PI-EC130821KR | 21.8.2013 |
| PI-EC130924KR | 24.9.2013 |
| PI-EC130909KR-1 | 9.9.2013 |
| PI-EC130909KR-2 | 9.9.2013 |
| PI-EC130930KR | 24.10.2013 |
| PI-EC131008KR | 4.11.2013 |
| PI-EC140222KR | 4.3.2014 |
| PI-EC140114KR | 22.1.2014 |
| PI-EC140207KR | 4.3.2014 |
| PI-EC140513KR | 18.6.2014 |
| PI-EC140416KR | 24.4.2014 |
| PI-EC140919KR | 23.9.2014 |
| PI-EC140623KR | 8.7.2014 |
| PI-EC140821KR | 8.9.2014 |
| PI-EC140714KR | 23.7.2014 |
| PI-EC140804KR | 25.8.2014 |
| PI-EC140919KR-M | 30.10.2014 |
| PI-EC140925KR | 11.10.2014 |
| PI-EC150319KR-1 | 24.3.2015 |
| PI-EC150113KR-55 | 30.1.2015 |
| PI-EC150326KR | 26.3.2015 |
| PI-EC150319KR-2R | 24.3.2015 |
| PI-EC150109KR | 16.1.2015 |
| PI-EC150113KR-57 | 16.3.2015 |
| PI-EC150429KR-1 | 2.6.2015 |
| PI-EC150429KR-2 | 2.6.2015 |
| PI-EC150113KR-57R | 26.5.2015 |
| PI-EC150617KR | 7.8.2015 |
| PI-EC15813KR | 6.9.2015 |
| PI-EC150907KR | 11.11.2015 |
| PI-EC15831KR | 12.10.2015 |
| PI-EC151013KR | 11.11.2015 |
| PI-EC150906KR | 1.11.2015 |
| PI-EC150918KR | 11.11.2015 |
| PI-EC150930KR | 1.11.2015 |
| PI-EC151025KR | 23.12.2015 |
| PI-EC160113KR | 28.1.2016 |
| PI-EC151224KR4 | 18.1.2016 |
| PI-EC160111KR | 16.2.2016 |
| PI-EC160112KR | 16.2.2016 |
| PI-EC151224KR3 | 18.1.2016 |
| PI-EC151224KR2 | 13.1.2016 |
| PI-EC160115KR | 28.1.2016 |
| PI-EC160114KR | 16.2.2016 |
| PI-EC160202KR | 28.3.2016 |
| PI-EC151224KR1 | 13.1.2016 |
| PI-EC160316KR-R | 12.4.2016 |
| PI-EC160320KR | 27.4.2016 |
| PI-EC160317KR-R | 14.4.2016 |
| PI-EC160401KR2 | 12.5.2016 |
| PI-EC160408KR-R | 4.5.2016 |
| PI-EC160318KR-R | 22.4.2016 |
| PI-EC160401KR1 | 12.5.2016 |
| PI-EC160407KR-R | 4.5.2016 |
| PI-EC160409KR | 31.5.2016 |
| PI-EC160410KR | 7.6.2016 |
| PI-EC160319KR | 25.4.2016 |
| PI-EC160428KR-1 | 18.7.2016 |

Number of Commercial invoice accompanying goods subject to an undertaking

Date

PI-EC130821KR

21.8.2013

PI-EC130924KR

24.9.2013

PI-EC130909KR-1

9.9.2013

PI-EC130909KR-2

9.9.2013

PI-EC130930KR

24.10.2013

PI-EC131008KR

4.11.2013

PI-EC140222KR

4.3.2014

PI-EC140114KR

22.1.2014

PI-EC140207KR

4.3.2014

PI-EC140513KR

18.6.2014

PI-EC140416KR

24.4.2014

PI-EC140919KR

23.9.2014

PI-EC140623KR

8.7.2014

PI-EC140821KR

8.9.2014

PI-EC140714KR

23.7.2014

PI-EC140804KR

25.8.2014

PI-EC140919KR-M

30.10.2014

PI-EC140925KR

11.10.2014

PI-EC150319KR-1

24.3.2015

PI-EC150113KR-55

30.1.2015

PI-EC150326KR

26.3.2015

PI-EC150319KR-2R

24.3.2015

PI-EC150109KR

16.1.2015

PI-EC150113KR-57

16.3.2015

PI-EC150429KR-1

2.6.2015

PI-EC150429KR-2

2.6.2015

PI-EC150113KR-57R

26.5.2015

PI-EC150617KR

7.8.2015

PI-EC15813KR

6.9.2015

PI-EC150907KR

11.11.2015

PI-EC15831KR

12.10.2015

PI-EC151013KR

11.11.2015

PI-EC150906KR

1.11.2015

PI-EC150918KR

11.11.2015

PI-EC150930KR

1.11.2015

PI-EC151025KR

23.12.2015

PI-EC160113KR

28.1.2016

PI-EC151224KR4

18.1.2016

PI-EC160111KR

16.2.2016

PI-EC160112KR

16.2.2016

PI-EC151224KR3

18.1.2016

PI-EC151224KR2

13.1.2016

PI-EC160115KR

28.1.2016

PI-EC160114KR

16.2.2016

PI-EC160202KR

28.3.2016

PI-EC151224KR1

13.1.2016

PI-EC160316KR-R

12.4.2016

PI-EC160320KR

27.4.2016

PI-EC160317KR-R

14.4.2016

PI-EC160401KR2

12.5.2016

PI-EC160408KR-R

4.5.2016

PI-EC160318KR-R

22.4.2016

PI-EC160401KR1

12.5.2016

PI-EC160407KR-R

4.5.2016

PI-EC160409KR

31.5.2016

PI-EC160410KR

7.6.2016

PI-EC160319KR

25.4.2016

PI-EC160428KR-1

18.7.2016

---

ANNEX II

List of companies:

| Name of the company | TARIC additional code |
| --- | --- |
| Jiangsu Aide Solar Energy Technology Co. Ltd | B798 |
| Anhui Chaoqun Power Co. Ltd | B800 |
| Anji DaSol Solar Energy Science & Technology Co. Ltd | B802 |
| Anhui Schutten Solar Energy Co. Ltd
  Quanjiao Jingkun Trade Co. Ltd | B801 |
| Anhui Titan PV Co. Ltd | B803 |
| Xi'an SunOasis (Prime) Company Limited
  TBEA SOLAR CO. LTD
  XINJIANG SANG'O SOLAR EQUIPMENT | B804 |
| Changzhou NESL Solartech Co. Ltd | B806 |
| Changzhou Shangyou Lianyi Electronic Co. Ltd | B807 |
| CHINALAND SOLAR ENERGY CO. LTD | B808 |
| ChangZhou EGing Photovoltaic Technology Co. Ltd | B811 |
| CIXI CITY RIXING ELECTRONICS CO. LTD
  ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD
  HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD | B812 |
| CSG PVtech Co. Ltd | B814 |
| China Sunergy (Nanjing) Co. Ltd
  CEEG Nanjing Renewable Energy Co. Ltd
  CEEG (Shanghai) Solar Science Technology Co. Ltd
  China Sunergy (Yangzhou) Co. Ltd
  China Sunergy (Shanghai) Co. Ltd | B809 |
| Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd | B816 |
| EOPLLY New Energy Technology Co. Ltd
  SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD
  JIANGSU EOPLLY IMPORT & EXPORT CO. LTD | B817 |
| Zheijiang Era Solar Co. Ltd | B818 |
| GD Solar Co. Ltd | B820 |
| Greenway Solar-Tech (Shanghai) Co. Ltd
  Greenway Solar-Tech (Huaian) Co. Ltd | B821 |
| Guodian Jintech Solar Energy Co. Ltd | B822 |
| Hangzhou Bluesun New Material Co. Ltd | B824 |
| Hanwha SolarOne (Qidong) Co. Ltd | B826 |
| Hengdian Group DMEGC Magnetics Co. Ltd | B827 |
| HENGJI PV-TECH ENERGY CO. LTD | B828 |
| Himin Clean Energy Holdings Co. Ltd | B829 |
| Jiangsu Green Power PV Co. Ltd | B831 |
| Jiangsu Hosun Solar Power Co. Ltd | B832 |
| Jiangsu Jiasheng Photovoltaic Technology Co. Ltd | B833 |
| Jiangsu Runda PV Co. Ltd | B834 |
| Jiangsu Sainty Photovoltaic Systems Co. Ltd
  Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd | B835 |
| Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
  Changzhou Shunfeng Photovoltaic Materials Co. Ltd
  Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd | B837 |
| Jiangsu Sinski PV Co. Ltd | B838 |
| Jiangsu Sunlink PV Technology Co. Ltd | B839 |
| Jiangsu Zhongchao Solar Technology Co. Ltd | B840 |
| Jiangxi Risun Solar Energy Co. Ltd | B841 |
| Jiangxi LDK Solar Hi-Tech Co. Ltd
  LDK Solar Hi-Tech (Nanchang) Co. Ltd
  LDK Solar Hi-Tech (Suzhou) Co. Ltd | B793 |
| Jiangyin Shine Science and Technology Co. Ltd | B843 |
| 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 | B795 |
| Juli New Energy Co. Ltd | B846 |
| Jumao Photonic (Xiamen) Co. Ltd | B847 |
| King-PV Technology Co. Ltd | B848 |
| Kinve Solar Power Co. Ltd (Maanshan) | B849 |
| Lightway Green New Energy Co. Ltd
  Lightway Green New Energy(Zhuozhou) Co. Ltd | B851 |
| Nanjing Daqo New Energy Co. Ltd | B853 |
| NICE SUN PV CO. LTD
  LEVO SOLAR TECHNOLOGY CO. LTD | B854 |
| Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd | B857 |
| Ningbo Komaes Solar Technology Co. Ltd | B858 |
| Ningbo South New Energy Technology Co. Ltd | B861 |
| Ningbo Sunbe Electric Ind Co. Ltd | B862 |
| Ningbo Ulica Solar Science & Technology Co. Ltd | B863 |
| Perfectenergy (Shanghai) Co. Ltd | B864 |
| Perlight Solar Co. Ltd | B865 |
| SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD
  SHANGHAI ALEX NEW ENERGY CO. LTD | B870 |
| Shanghai Chaori Solar Energy Science & Technology Co. Ltd | B872 |
| Propsolar (Zhejiang) New Energy Technology Co. Ltd
  Shanghai Propsolar New Energy Co. Ltd | B873 |
| SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD | B874 |
| Shanghai ST Solar Co. Ltd
  Jiangsu ST Solar Co. Ltd | B876 |
| Shenzhen Sacred Industry Co. Ltd | B878 |
| Sopray Energy Co. Ltd
  Shanghai Sopray New Energy Co. Ltd | B881 |
| SUN EARTH SOLAR POWER CO. LTD
  NINGBO SUN EARTH SOLAR POWER CO. LTD
  Ningbo Sun Earth Solar Energy Co. Ltd | B882 |
| SUZHOU SHENGLONG PV-TECH CO. LTD | B883 |
| TDG Holding Co. Ltd | B884 |
| Tianwei New Energy Holdings Co. Ltd
  Tianwei New Energy (Chengdu) PV Module Co. Ltd
  Tianwei New Energy (Yangzhou) Co. Ltd | B885 |
| Wenzhou Jingri Electrical and Mechanical Co. Ltd | B886 |
| Shanghai Topsolar Green Energy Co. Ltd | B877 |
| Shenzhen Sungold Solar Co. Ltd | B879 |
| Wuhu Zhongfu PV Co. Ltd | B889 |
| Wuxi Shangpin Solar Energy Science and Technology Co. Ltd | B891 |
| Wuxi Solar Innova PV Co. Ltd | B892 |
| Wuxi Taichang Electronic Co. Ltd
  China Machinery Engineering Wuxi Co. Ltd
  Wuxi Taichen Machinery & Equipment Co. Ltd | B893 |
| Xi'an Huanghe Photovoltaic Technology Co. Ltd
  State-run Huanghe Machine-Building Factory Import and Export Corporation
  Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd | B896 |
| Yuhuan Sinosola Science & Technology Co. Ltd | B900 |
| Zhangjiagang City SEG PV Co. Ltd | B902 |
| Zhejiang Fengsheng Electrical Co. Ltd | B903 |
| Zhejiang Global Photovoltaic Technology Co. Ltd | B904 |
| Zhejiang Heda Solar Technology Co. Ltd | B905 |
| Zhejiang Jiutai New Energy Co. Ltd
  Zhejiang Topoint Photovoltaic Co. Ltd | B906 |
| Zhejiang Kingdom Solar Energy Technic Co. Ltd | B907 |
| Zhejiang Koly Energy Co. Ltd | B908 |
| Zhejiang Mega Solar Energy Co. Ltd
  Zhejiang Fortune Photovoltaic Co. Ltd | B910 |
| Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd | B911 |
| Zhejiang Shinew Photoelectronic Technology Co. Ltd | B912 |
| Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company
  Zhejiang Yauchong Light Energy Science & Technology Co. Ltd | B914 |
| Zhejiang Sunrupu New Energy Co. Ltd | B915 |
| Zhejiang Tianming Solar Technology Co. Ltd | B916 |
| Zhejiang Trunsun Solar Co. Ltd
  Zhejiang Beyondsun PV Co. Ltd | B917 |
| Zhejiang Wanxiang Solar Co. Ltd
  WANXIANG IMPORT & EXPORT CO. LTD | B918 |
| ZHEJIANG YUANZHONG SOLAR CO. LTD | B920 |

Name of the company

TARIC additional code

Jiangsu Aide Solar Energy Technology Co. Ltd

B798

Anhui Chaoqun Power Co. Ltd

B800

Anji DaSol Solar Energy Science & Technology Co. Ltd

B802

Anhui Schutten Solar Energy Co. Ltd

Quanjiao Jingkun Trade Co. Ltd

B801

Anhui Titan PV Co. Ltd

B803

Xi'an SunOasis (Prime) Company Limited

TBEA SOLAR CO. LTD

XINJIANG SANG'O SOLAR EQUIPMENT

B804

Changzhou NESL Solartech Co. Ltd

B806

Changzhou Shangyou Lianyi Electronic Co. Ltd

B807

CHINALAND SOLAR ENERGY CO. LTD

B808

ChangZhou EGing Photovoltaic Technology Co. Ltd

B811

CIXI CITY RIXING ELECTRONICS CO. LTD

ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD

HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD

B812

CSG PVtech Co. Ltd

B814

China Sunergy (Nanjing) Co. Ltd

CEEG Nanjing Renewable Energy Co. Ltd

CEEG (Shanghai) Solar Science Technology Co. Ltd

China Sunergy (Yangzhou) Co. Ltd

China Sunergy (Shanghai) Co. Ltd

B809

Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd

B816

EOPLLY New Energy Technology Co. Ltd

SHANGHAI EBEST SOLAR ENERGY TECHNOLOGY CO. LTD

JIANGSU EOPLLY IMPORT & EXPORT CO. LTD

B817

Zheijiang Era Solar Co. Ltd

B818

GD Solar Co. Ltd

B820

Greenway Solar-Tech (Shanghai) Co. Ltd

Greenway Solar-Tech (Huaian) Co. Ltd

B821

Guodian Jintech Solar Energy Co. Ltd

B822

Hangzhou Bluesun New Material Co. Ltd

B824

Hanwha SolarOne (Qidong) Co. Ltd

B826

Hengdian Group DMEGC Magnetics Co. Ltd

B827

HENGJI PV-TECH ENERGY CO. LTD

B828

Himin Clean Energy Holdings Co. Ltd

B829

Jiangsu Green Power PV Co. Ltd

B831

Jiangsu Hosun Solar Power Co. Ltd

B832

Jiangsu Jiasheng Photovoltaic Technology Co. Ltd

B833

Jiangsu Runda PV Co. Ltd

B834

Jiangsu Sainty Photovoltaic Systems Co. Ltd

Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd

B835

Jiangsu Shunfeng Photovoltaic Technology Co. Ltd

Changzhou Shunfeng Photovoltaic Materials Co. Ltd

Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd

B837

Jiangsu Sinski PV Co. Ltd

B838

Jiangsu Sunlink PV Technology Co. Ltd

B839

Jiangsu Zhongchao Solar Technology Co. Ltd

B840

Jiangxi Risun Solar Energy Co. Ltd

B841

Jiangxi LDK Solar Hi-Tech Co. Ltd

LDK Solar Hi-Tech (Nanchang) Co. Ltd

LDK Solar Hi-Tech (Suzhou) Co. Ltd

B793

Jiangyin Shine Science and Technology Co. Ltd

B843

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

B795

Juli New Energy Co. Ltd

B846

Jumao Photonic (Xiamen) Co. Ltd

B847

King-PV Technology Co. Ltd

B848

Kinve Solar Power Co. Ltd (Maanshan)

B849

Lightway Green New Energy Co. Ltd

Lightway Green New Energy(Zhuozhou) Co. Ltd

B851

Nanjing Daqo New Energy Co. Ltd

B853

NICE SUN PV CO. LTD

LEVO SOLAR TECHNOLOGY CO. LTD

B854

Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd

B857

Ningbo Komaes Solar Technology Co. Ltd

B858

Ningbo South New Energy Technology Co. Ltd

B861

Ningbo Sunbe Electric Ind Co. Ltd

B862

Ningbo Ulica Solar Science & Technology Co. Ltd

B863

Perfectenergy (Shanghai) Co. Ltd

B864

Perlight Solar Co. Ltd

B865

SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD

SHANGHAI ALEX NEW ENERGY CO. LTD

B870

Shanghai Chaori Solar Energy Science & Technology Co. Ltd

B872

Propsolar (Zhejiang) New Energy Technology Co. Ltd

Shanghai Propsolar New Energy Co. Ltd

B873

SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

B874

Shanghai ST Solar Co. Ltd

Jiangsu ST Solar Co. Ltd

B876

Shenzhen Sacred Industry Co. Ltd

B878

Sopray Energy Co. Ltd

Shanghai Sopray New Energy Co. Ltd

B881

SUN EARTH SOLAR POWER CO. LTD

NINGBO SUN EARTH SOLAR POWER CO. LTD

Ningbo Sun Earth Solar Energy Co. Ltd

B882

SUZHOU SHENGLONG PV-TECH CO. LTD

B883

TDG Holding Co. Ltd

B884

Tianwei New Energy Holdings Co. Ltd

Tianwei New Energy (Chengdu) PV Module Co. Ltd

Tianwei New Energy (Yangzhou) Co. Ltd

B885

Wenzhou Jingri Electrical and Mechanical Co. Ltd

B886

Shanghai Topsolar Green Energy Co. Ltd

B877

Shenzhen Sungold Solar Co. Ltd

B879

Wuhu Zhongfu PV Co. Ltd

B889

Wuxi Shangpin Solar Energy Science and Technology Co. Ltd

B891

Wuxi Solar Innova PV Co. Ltd

B892

Wuxi Taichang Electronic Co. Ltd

China Machinery Engineering Wuxi Co. Ltd

Wuxi Taichen Machinery & Equipment Co. Ltd

B893

Xi'an Huanghe Photovoltaic Technology Co. Ltd

State-run Huanghe Machine-Building Factory Import and Export Corporation

Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd

B896

Yuhuan Sinosola Science & Technology Co. Ltd

B900

Zhangjiagang City SEG PV Co. Ltd

B902

Zhejiang Fengsheng Electrical Co. Ltd

B903

Zhejiang Global Photovoltaic Technology Co. Ltd

B904

Zhejiang Heda Solar Technology Co. Ltd

B905

Zhejiang Jiutai New Energy Co. Ltd

Zhejiang Topoint Photovoltaic Co. Ltd

B906

Zhejiang Kingdom Solar Energy Technic Co. Ltd

B907

Zhejiang Koly Energy Co. Ltd

B908

Zhejiang Mega Solar Energy Co. Ltd

Zhejiang Fortune Photovoltaic Co. Ltd

B910

Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd

B911

Zhejiang Shinew Photoelectronic Technology Co. Ltd

B912

Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company

Zhejiang Yauchong Light Energy Science & Technology Co. Ltd

B914

Zhejiang Sunrupu New Energy Co. Ltd

B915

Zhejiang Tianming Solar Technology Co. Ltd

B916

Zhejiang Trunsun Solar Co. Ltd

Zhejiang Beyondsun PV Co. Ltd

B917

Zhejiang Wanxiang Solar Co. Ltd

WANXIANG IMPORT & EXPORT CO. LTD

B918

ZHEJIANG YUANZHONG SOLAR CO. LTD

B920

---

DECISIONS

| 6.9.2017 | EN | Official Journal of the European Union | L 230/28 |
| --- | --- | --- | --- |

6.9.2017

EN

Official Journal of the European Union

L 230/28

---

COMMISSION DECISION (EU) 2017/1525

of 4 September 2017

amending Decision 2014/256/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to converted paper products

(notified under document C(2017) 5948)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(3)(c) thereof,

After consulting the European Union Eco-Labelling Board,

Whereas:

| (1) | Commission Decision 2014/256/EU (2) expires on 2 May 2017. |
| --- | --- |

(1)

Commission Decision 2014/256/EU (2) expires on 2 May 2017.

| (2) | An assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decision 2014/256/EU. Decision 2014/256/EU should therefore be amended accordingly. |
| --- | --- |

(2)

An assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decision 2014/256/EU. Decision 2014/256/EU should therefore be amended accordingly.

| (3) | The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010, |
| --- | --- |

(3)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,

HAS ADOPTED THIS DECISION:

Article 1

Article 4 of Decision 2014/256/EU is replaced by the following:

‘Article 4

The ecological criteria for the product group “converted paper products” and the related assessment and verification requirements shall be valid until 31 December 2020.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 4 September 2017.

For the Commission

Karmenu VELLA

Member of the Commission

---

(1)  
  OJ L 27, 30.1.2010, p. 1.

1

(2)  Commission Decision 2014/256/EU of 2 May 2014 establishing the ecological criteria for the award of the EU Ecolabel for converted paper products (OJ L 135, 8.5.2014, p. 24)

2

---