EN
L 12/46
Official Journal of the European Union
19.1.2022
(88)
By including the construction of fibre optic network as one objective in the Made in China 2025 strategy, or in any other strategic planning document, products which are essential to achieve the enhanced and improved expansion of the construction of those networks, such as the optical fibre cables used for transmission, fall under the scope of those strategic plans and are thus beneficiary of the corresponding preferential measures.
(89)
Furthermore, OFC is often included under the umbrella of ‘New generation of Information Technology Industry’ and in particular as ‘Information and communication equipment’.
The Made in China 2025 Roadmap (18) gives 10 strategic sectors, which are the key industries for the GOC.
It describes in Sector 1 ‘New generation of information technology industry’/ 1.2 Information and communication equipment the product categories ‘high-speed and largecapacity optical transmission equipment (400G/1Tbps)’ and ‘high-speed optical access equipment (10G/100Gbps)’ as products that fall under the development priorities of this sector.
The new generation of information technology thus benefits from the advantages stemming from the support mechanisms listed in the document, including, among others, financial support policies, fiscal and taxation policy, and State council oversight and support (19).
(90)
Furthermore, OFC is related to the category ‘new materials’.
In the Made in China 2025 Roadmap in Section 9 ‘new materials’ and its subcategories, including key strategic materials (point 9.2), high performance fibres and composite materials are listed.
As can be seen in the Catalogue of High and New Technology Products (2006) in No 6020004 and 6020005, optical fibre products, especially those linked to optical fibre preform, which is a main input material for the production of OFC, are considered to constitute ‘new materials’.
(91)
Following final disclosure, the GOC claimed that the Commission did not explain on what basis it considered OFC as ‘new materials’.
It stressed that Section 9.2.3 of the roadmap document only refers to ‘high-performance fibres and composite materials’ and that only the main input material for the production of OFC is considered to constitute ‘new materials’ and not OFC as such.
(92)
In this respect, the Commission reiterated that in the Catalogue of High and New Technology Products (2006) optical fibre products, including notably optical fibre preform, are considered to constitute ‘new materials’.
Optical fibre preform is a key input material with high added value for the production of OFC, representing a substantial part of the cost of production.
Therefore, the Commission concluded that since optical fibre preform, which is a semi-finished product of OFC is listed as ‘new material’, there is a direct link between OFC and the category of ‘new materials’.
(93)
Additionally, further to the Made in China 2025 Roadmap, in November 2016, the list of 10 strategic sectors was refined into a Catalogue of Four Essentials (20) published by the National Manufacturing Strategy Advisory Committee (NMSAC), an advisory group to the National Leading Small Group on Building a National Manufacturing Power.
This group was established by the GOC to develop plans, policies, projects, and work arrangements to promote the development of the manufacturing industry and to coordinate matters across regions and departments (21).
In this catalogue, each of the 10 strategic sectors is split into four chapters: (i) core essential spare parts, (ii) key essential materials, (iii) advanced essential processes/technologies and (iv) industry technology platforms.
Optical fibre cables can be found under sector 1: new generation information technology, point (i) core basic spare parts, sub-point 38 Ultra-low-loss optical fibre based on 400G bandwidth (mains network) and under point (ii) key basic materials, sub-point 22 New-generation fibre optic materials.
(94)
Following final disclosure, the GOC reiterated its position that the 13th Five-Year Plan and the Made in China 2025 initiative are not mandatory or legally binding documents.
(95)
In this respect, the Commission pointed out that rather than making only general statements of encouragement, the 13th Five-Year plan uses language which points to its binding nature.
In any case, as stated in recital (85), the 13th FiveYear Plan is the key policy document which sets the priorities for national economic and social development and is the basis for various binding legal acts that the authorities need to take into account and implement when adopting new rules or when distributing public resources.
(18) (19) (20) (21)
https://www.cae.cn/cae/html/files/2015-10/29/20151029105822561730637.pdf, last accessed on 28 June 2021.
See Made in China 2025, Chapter 4: Strategic Support and Supply.
http://www.cm2025.org/show-14-126-1.html, last accessed on 6 August 2021.
http://www.gov.cn/zhengce/content/2015-06/24/content_9972.htm, last accessed on 6 August 2021.