EUROPEAN UNION AND CERTAIN MEMBER STATES – CERTAIN MEASURES AFFECTING THE RENEWABLE ENERGY GENERATION SECTOR
Document: Request for Consultations by China
Date: 7 November 2012
Document codes: WT/DS452/1; G/L/1008; G/SCM/D95/1; G/TRIMS/D/34
Complainant: China
Respondent: EU, Italy, Greece
Dispute stage: Consultation
Agreements cited: Art. I, III:1, III:4, III:5  GATT 1994Art. 1.1, 3.1(b), 3.2  Subsidies and Countervailing Measures (SCM)Art. 2.1, 2.2  Trade-Related Investment Measures (TRIMs)

EUROPEAN UNION AND CERTAIN MEMBER STATES – CERTAIN MEASURES
AFFECTING THE RENEWABLE ENERGY GENERATION SECTOR

Request for Consultations by China

 The following communication, dated 5 Nove mber, from the delegation of China to the
delegations of the European Union, Greece and It aly, and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.4 of the DSU.

My authorities have instructed me to request consultations with the European Union (the
"EU"), the Republic of Italy ("Italy") and the He llenic Republic ("Greece") pursuant to Articles 1 and
4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"),
Articles XXII and XXIII:1 of the General Agreement on Ta riffs and Trade 1994 ("GATT 1994"),
Articles 4.1 and 30 of the Agreement on Subsidies and Countervailing Measures ("SCM Agreement"),
and Article 8 of the Agreement on Trade-Related Investment Measures ("TRIMs Agreement")
regarding certain measures affecting the renewa ble energy generation sector. These measures include
but may not be limited to domestic content restricti ons relating to the feed-in tariff programs of EU
Member States including but not limited to Italy and Greece. The measures appear to have been
promulgated under the powers delegated to EU Member States by, inter alia, Directive 2009/28/EC of
the European Parliament and of the Council "on th e promotion of the use of energy from renewable
sources".

The issues which China would like to raise in th e course of the consultations include, but are
not limited to, the following measures:

1) Decree of the Ministry of Economic Development of Italy of 5 July 2012: Implementation
of Article 25 of the Legislative Decree of 3 March 2011, n. 28, for the incentivizing of the
production of electrical energy from photovolta ic solar installations, as published in the
10 July 2012 edition of the Official Gazette of the Republic of Italy, n. 159, Supplement
n. 143 (" Quinto Conto Energia " or "Fifth Energy Bill"), generally, but including in
particular Articles 4(5)(d), 5(2)(a) and 2(1)(v).
2) Decree of the Ministry of Economic Development of Italy of 5 May 2011:
Implementation of Article 25 of the Legisla tive Decree of 3 March 2011, n. 28, for the
incentivizing of the production of electrical energy from photovoltaic solar installations,
as published in the 12 May 2011 edition of the Official Gazette of the Republic of Italy,
n. 109, (" Quarto Conto Energia " or "Fourth Energy Bill"), generally, but including in
particular Article 14(1)(d);
WT/DS452/1, G/L/1008,
G/SCM/D95/1, G/TRIMS/D/34

3) All measures relating to the promulgation and implementation of items 1) and 2),
including but not limited to:
i) The Italian Legislative Decree of 3 March 2011, for the incentivizing of the
production of electrical energy from photov oltaic solar installations, generally,
and Article 25(10) thereof, specifically;

ii) Directive 2009/28/EC of the European Parliament and of the Council of 23 April
2009 "on the promotion of the use of energy from renewable sources and
amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC";

iii) European Commission Decision 2009/548/EC of 30 June 2009 "establishing a
template for National Renewable En ergy Action Plans under Directive
2009/28/EC of the European Parliament and of the Council";

iv) The 7 August 2012 version of the "Implementing Rules" pertaining to, inter alia,
the administration of the Italian Feed-In Tariff, promulgated by the Italian
Gestore Servizi Energetici (Regole Applicative per l’Iscrizione ai Registri e per
l’Accesso alle Tariffe Incentivanti ), generally, but including in particular Article
4.4 ("Premium for installations that use main components produced within
EU/EEA States"), and all pertinent past and future versions thereof.

4) Greek Law 4062/2012 (FEK A'70/30.03.2012) of 27 March 2012 on the "Development of
the Athens former international airport He llinikon - Project HELIOS - Promotion of the
use of energy from renewable sources (Integration of Directive 2009/28/EC)
Sustainability criteria of biofuel and bioli quids (integration of Directive 2009/30/EC)"
generally, and Article 39, paragraph 12 thereof in particular.
5) All measures relating to the promulgation an d implementation of item 4), including but
not limited to:
i) Items 3(ii) and 3(iii), listed above;
i) The primary Greek legislation on renewable energy sources, i.e. Act No.
3468/2006 on "Electricity Production from Renewable Energy Sources ", and all
amendments thereto, including but not limited to Act Nos. 3851/2010, on
"Accelerating the Development of Renewable Energy Sources to Combat Climate
Change and other provisions regulating ma tters which fall in the competence of
the Ministry of Environment, Energy and Climate Change", and 4001/2011 on
"Energy Markets of Electricity and Natural Gas";
ii) Any ministerial or administrative decision setting out the precise eligibility
criteria in connection with the measure, whether or not yet promulgated.
6) Any amendments, revisions or extensions of any of the foregoing, any replacement
measures, any renewal measures, any implementing measures, and any related measures,
whether or not they have already been promulgated.
China considers that the above-mentioned measures are inconsistent, both as such and as applied,
with, among others, the following obligations under the following provisions:
WT/DS452/1, G/L/1008,
 G/SCM/D95/1, G/TRIMS/D/34

 Article III:1 of the GATT 1994, because the measu res are laws, regulations and requirements
affecting the internal sale of products in such a way that they afford protection to domestic
production;
 Article III:4 of the GATT 1994, because certain measures accord less fa vorable treatment to
imported equipment for renewable energy gene ration facilities over like products produced in
the EU and the European Economic Area ("EEA");
 Article III:5 of the GATT 1994 because the m easures constitute quantitative regulations
relating to the use of products in amounts or proportions which requires, directly or indirectly,
that a specified amount or proportion of any pr oduct which is the subject of the regulation
must be supplied from domestic sources;
 Article I of the GATT 1994, because certain domes tic content restrictions impede other WTO
Members, including China, from enjoying the full benefit of the measures while other WTO
Members do not face similar restrictions. These include but are not limited to certain WTO
Members which are Members of the European Economic Area (EEA) but not the EU;
 Articles 3.1(b) and 3.2 of the SCM Agreement, because the measures include subsidies within
the meaning of Article 1.1 of the SCM Agreement that are prohibited as they are provided
contingent upon the use of domestic over imported goods;
 Articles 2.1 and 2.2 of the TRIMs Agreement, in conjunction with paragraph 1(a) of the
Agreement's Illustrative List, because the me asures are trade-related investment measures
inconsistent with Article III:4 of the GATT 1994 which condition the receipt of the full
advantage of the measure on the use of domestic goods.
The measures also appear to nullify or impair the benefits accruing to China directly or indirectly
under the cited agreements.

The Government of China reserves the right to re quest the EU and its Member States to produce,
during the course of the consultations, further information and documentation relating to the measures
in question. China further reserves the right to a ddress additional measures and practices affecting the
renewable energy generation sector of the EU and it s Member States, whether or not they have been
imposed by Greece and Italy specifically and whether or not they have yet been promulgated, as well
as additional claims under other provisions of the WTO Agreement.

The Government of China looks forward to recei ving a reply to this request and to fixing a
mutually convenient date to hold consultations.
WT/DS452/1, G/L/1008,
G/SCM/D95/1, G/TRIMS/D/34

Statement of Available Evidence
The evidence set out below is available to Ch ina at this time regarding the existence and
nature of the subsidies set out in the above Requ est for Consultations. China reserves the right to
supplement or alter this list in the future, as required.
 Decree of the Ministry of Economic Development of Italy of 5 July 2012: Implementation of
Article 25 of the Legislative Decree of 3 Ma rch 2011, n. 28, for the incentivizing of the
production of electrical energy from photovoltaic solar installations.
1
 Decree of the Ministry of Economic Development of Italy of 5 May 2011: Implementation of
Article 25 of the Legislative Decree of 3 Ma rch 2011, n. 28, for the incentivizing of the
production of electrical energy from photovoltaic solar installations.2
 Legislative Decree of 3 March 2011, n. 28, Implementation of Directive 2009/28/EC on the
promotion of energy from renewable sources and amending and subsequently repealing
Directives 2001/77/EC and 2003/30/EC.3
 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the
promotion of the use of energy from ren ewable sources and amending and subsequently
repealing Directives 2001/77/EC and 2003/30/EC.4
 Commission Decision 2009/548/EC of 30 June 200 9 establishing a template for National
Renewable Energy Action Plans under Directive 2009/28/EC of the European Parliament and
of the Council.
5
 "Implementing Rules for subscription to the reg istry and for access to the incentivizing tariffs
[Feed-In Tariff]" promulgated by the Italian Gestore Servizi Energetici (Regole Applicative
per l’Iscrizione ai Registri e per l’Accesso alle Tariffe Incentivanti).6
 Greek law No. 4062 on the "Development of th e Athens former international airport
HELLINIKON - PROJECT HELIOS - Promotion of the use of energy from renewable sources
(integration of Directive 2009/28/EC) - Sustainability criteria of biofuel and bioliquids
(integration of Directive 2009/30/EC)."
7
 Greek law No. 4001 on the "Operation of Elect ricity and Natural Gas Energy Markets,
Hydrocarbon Research, Production and transport networks and other provisions".8
 Greek law No. 3851, "Accelerating the developm ent of renewable energy to address climate
change and other provisions relating to the Ministry of Environment, Energy and Climate
Change".
9
 Greek law No. 3468 on "Electricity produc tion from renewable energy sources (RES) and
high-efficiency cogeneration and other provisions".10
ATIVE_CE%205_07082012.pdf
7 Government Gazette of the Hellenic Republic No. 70 A'/30.03.2012.
8 Government Gazette of the Hellenic Republic No. 179 A'/22.8.2011.
9 Government Gazette of the Hellenic Republic No. 85 A'/4.6.2010.
10 Government Gazette of the Hellenic Republic No. 129 A'/27.6.2006.