# Commission Regulation (EU) No 748/2013Show full title

Commission Regulation (EU) No 748/2013 of 2 August 2013 amending Regulation (EU) No 513/2013 imposing a provisional anti-dumping            duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned            from the People’s Republic of China         

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U.K.

# Commission Regulation (EU) No 748/2013                     

# of 2 August 2013

# amending Regulation (EU) No 513/2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photovoltaic                        modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China                     

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries                           not members of the European Community(1) (‘the basic Regulation’), and in particular Articles 7, 8 and 9 thereof,                        

After consulting the Advisory Committee,

Whereas:

**PROCEDURE**(1)By Regulation (EU) No 513/2013(2), the Commission imposed a provisional anti-dumping duty on imports into the Union of crystalline silicon photovoltaic modules                                 and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (PRC).(2)By Decision 2013/423/EU(3) the Commission accepted the undertaking offer from a group of cooperating exporting producers together with the China Chamber                                 of Commerce for Import and Export of Machinery and Electronic Products (CCCME).(3)The acceptance of the undertaking requires technical amendments to Regulation (EU) No 513/2013,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

Regulation (EU) No 513/2013 is amended as follows:

A new heading J and a new recital 282 shall be inserted:

## ‘J.**CUSTOMS DECLARATION**

### (282)Statistics of solar panels and their key components are frequently expressed either in number of pieces or Watt. However,                                    there is no such supplementary unit for solar panels and their key components specified in the Combined Nomenclature laid                                    down in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the                                    Common Customs Tariff(4). It is therefore necessary to provide that not only the weight in kg or tonnes but also the number of pieces or Watt for                                    the imports of the product concerned must be entered in the declaration for release for free circulation. Pieces should be                                    indicated for TARIC codes 3818 00 10 11 and 3818 00 10 19 and Watt shall be indicated for TARIC codes 8541 40 90 21, 8541                                    40 90 29, 8541 40 90 31 and 8541 40 90 39.’

The table in Article 1 paragraph 2 (ii) shall be replaced by the following table:

The following Articles shall be inserted and Article 4 shall be renumbered to Article 8:

# ‘Article 4

Where a declaration for release for free circulation is presented in respect of imports of those solar panels and key components                                 which are currently falling within TARIC codes 3818 00 10 11, 3818 00 10 19, 8541 40 90 21, 8541 40 90 29, 8541 40 90 31 and                                 8541 40 90 39, those TARIC codes shall be entered in the relevant field of that declaration.                           

Member States shall, on a monthly basis, inform the Commission of the number of pieces imported under TARIC codes 3818 00                                 10 11 and 3818 00 10 19 and the number of Watt for TARIC codes 8541 40 90 21, 8541 40 90 29, 8541 40 90 31 and 8541 40 90                                 39, and of their origin.                           

# Article 5

Where a declaration for release for free circulation is presented in respect of the products mentioned under Articles 1 and                                 4, the number of pieces under TARIC codes 3818 00 10 11 and 3818 00 10 19 and the number of Watt under TARIC codes 8541 40                                 90 21, 8541 40 90 29, 8541 40 90 31 and 8541 40 90 39 of the products imported shall be entered in the relevant field of that                                 declaration.                           

# Article 6

1.Imports declared for release into free circulation for products currently falling within CN code ex 3818 00 10 (TARIC codes                                    3818 00 10 11 and 3818 00 10 19), CN code ex 8541 40 90 (TARIC codes 8541 40 90 21, 8541 40 90 29, 8541 40 90 31 and 8541                                    40 90 39) which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed                                    in the Annex of Decision 2013/423/EU, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:                           

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

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

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

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

2.A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:                           

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

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

# Article 7

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

The Annex shall be replaced and renamed as Annex I and Annexes II-IV are inserted as follows:

## ANNEX I

Cooperating Chinese exporting producers not sampled:

## ANNEX II

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

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

The name of the Company issuing the Commercial Invoice.

The Commercial Invoice number.

The date of issue of the Commercial Invoice.

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

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

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

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

The name of the official of the Company that has issued the Commercial Invoice and the following signed declaration:

‘I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this invoice is                                          being made within the scope and under the terms of the Undertaking offered by [COMPANY], and accepted by the European Commission                                          through Decision 2013/423/EU. I declare that the information provided on this invoice is complete and correct.’                                    

## ANNEX IIIEXPORT UNDERTAKING CERTIFICATE

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

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

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

The Commercial Invoice number.

The date of issue of the Commercial Invoice.

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

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

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

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

The name of the official of CCCME that has issued the certificate and the following signed declaration:

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

Date.

The signature and seal of CCCME.

## ANNEX IV

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

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

The name of the Company issuing the Commercial Invoice.

The Commercial Invoice number.

The date of issue of the Commercial Invoice.

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

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

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

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

# Article 2U.K.

This Regulation shall enter into force on 6 August 2013.

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

Done at Brussels, 2 August 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

1

OJ L 343, 22.12.2009, p. 51.                           

2

OJ L 152, 5.6.2013, p. 5.                           

3

See page 26 of this Official Journal

4

OJ L 256, 7.9.1987, p. 1.’