title: Commission Implementing Regulation (EU) 2016/1045 of 28 June 2016 withdrawing the acceptance of the undertaking for one exporting producer 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

text:
               29.6.2016

               EN

               Official Journal of the European Union

               L 170/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1045
   of 28 June 2016
   withdrawing the acceptance of the undertaking for one exporting producer 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,
   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 anti-dumping Regulation’), and in particular Article 8 thereof,
   Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidized imports from countries not members of the European Community (2) (‘the basic anti-subsidy Regulation’), and in particular Article 13 thereof,
   Informing the Member States,
   Whereas:
   A.   UNDERTAKING AND OTHER EXISTING MEASURES

               (1)

               By Regulation (EU) No 513/2013 (3), 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’).

               (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 (4), the Commission accepted that price undertaking with regard to the provisional anti-dumping duty. By Regulation (EU) No 748/2013 (5), 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.

               (4)

               By Implementing Regulation (EU) No 1238/2013 (6), 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 (7), 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 (8) 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, including Zhejiang Xiongtai Photovoltaic Technology Co. Ltd (‘Shinetime China’) together with its related company in the Union (SHINETIME SOLAR GMBH, ‘Shinetime Europe’), jointly covered by the TARIC additional code: B919.

               (6)

               By Implementing Decision 2014/657/EU (9) the Commission accepted a proposal by the group of 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 as ‘measures’.

               (7)

               By Implementing Regulation (EU) 2015/866 (10) the Commission withdrew the acceptance of the undertaking for three exporting producers.

               (8)

               By Implementing Regulation (EU) 2015/1403 (11) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (9)

               By Implementing Regulation (EU) 2015/2018 (12) the Commission withdrew the acceptance of the undertaking for two exporting producers.

               (10)

               The Commission initiated an expiry review investigation under Article 11(2) of the basic anti-dumping Regulation by a Notice of Initiation published in the in the Official Journal of the European Union
                   (13) on 5 December 2015.

               (11)

               The Commission initiated an expiry review investigation under Article 18 of the basic anti-subsidy Regulation by a Notice of Initiation published in the Official Journal of the European Union
                   (14) on 5 December 2015.

               (12)

               The Commission also initiated a partial interim review under Article 11(3) of the basic anti-dumping Regulation and Article 19 of the basic anti-subsidy Regulation by a Notice of Initiation published in the Official Journal of the European Union
                   (15) on 5 December 2015.

               (13)

               By Implementing Regulation (EU) 2016/115 (16) the Commission withdrew the acceptance of the undertaking for another exporting producer.

               (14)

               By Implementing Regulation (EU) 2016/185 (17), the Commission extended the definitive anti-dumping duty imposed by Council 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.

               (15)

               By Implementing Regulation (EU) 2016/184 (18), 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.

         B.   TERMS OF THE UNDERTAKING

               (16)

               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.

               (17)

               The undertaking sets out, in a non-exhaustive list, the breaches of the undertaking. That list includes, in particular, issuing a commercial invoice or re-sale invoice for which the underlying financial transaction (e.g. the amount of money actually received from the buyer after any adjustments for credit/debit notes and the like) is not in conformity with the face value of the commercial invoice.
               The exporting producer is liable for the breach of any of its related parties which are defined in the undertaking.

               (18)

               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 the reported transactions fully comply with the terms of the undertaking.

               (19)

               For the purpose of ensuring compliance with the undertaking, the exporting producers also undertook to provide all information considered necessary by the Commission.

         C.   MONITORING OF THE EXPORTING PRODUCERS

               (20)

               While monitoring compliance with the undertaking, the Commission verified information submitted by Shinetime China and its related company in the Union that was relevant to the undertaking. The Commission also received evidence from customs authorities of one Member State on the basis of Article 8(9) of the basic anti-dumping Regulation and Article 13(9) and of the basic anti-subsidy Regulation.

               (21)

               The findings set out in recitals (22) to (25) address the problems identified for Shinetime China and its related company in the Union which oblige the Commission to withdraw the acceptance of the undertaking for this exporting producer.

         D.   GROUNDS TO WITHDRAW THE ACCEPTANCE OF THE UNDERTAKING
   (a)   Sales by Shinetime China

               (22)

               The evidence received and publicly available information demonstrate that an allegedly unrelated importer in the Union shared, at least for a certain time, the same address as Shinetime Europe. This allegedly unrelated importer had issued two re-sale invoices for one transaction of solar modules to his final customer: one invoice on which the MIP was respected and another invoice for which the MIP was not respected. Invoice numbers, volume of modules and company product codes were identical. The payment from the final customer was made to Shinetime China for this transaction and corresponded to the invoice value for which the MIP was not respected. This practise had occurred at least in one instance.

               (23)

               In addition, the evidence received demonstrates the existence of another form of undertaking circumvention. Shinetime China had issued a pro-forma invoice below the MIP to an unrelated customer in the Union. This customer had engaged in paying the below MIP amount to Shinetime China's account in Hong Kong.

         (b)   Sales by Shinetime Europe

               (24)

               The evidence received demonstrates that Shinetime Europe had also issued two re-sale invoices for one transaction of solar modules to the first unrelated customer in the Union: one invoice on which the MIP was respected and another invoice for which the MIP was not respected. Invoice numbers, volume of modules and company product codes were identical. The payment from the first unrelated customer in the Union to Shinetime Europe for this transaction corresponded to the invoice value for which the MIP was not respected.

               (25)

               Moreover, for the period in which the transaction referred to in recital (24) had taken place, Shinetime Europe failed to submit a quarterly sales report to the Commission.

               (26)

               The Commission assessed the evidence submitted and the non-reporting and concluded that breaches of the undertaking had occurred.

         E.   INVALIDATION OF UNDERTAKING INVOICE

               (27)

               The evidence received demonstrates that the re-sale invoice referred to in recital (24) is linked to the following transaction:

                           Number of Commercial invoice accompanying goods subject to an undertaking

                           Date

                           Issued by

                           Issued to

                           XTSSG1501-004-CI

                           16 January 2015

                           Zhejiang Xiongtai Photovoltaic Technology Co. Ltd

                           SHINETIME SOLAR GMBH

                     Therefore, in accordance with Article 3(2)(b) of Implementing Regulation (EU) No 1238/2013, Article 2(2)(b) of Implementing Regulation (EU) No 1239/2013, this invoice is 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 (19) when the withdrawal of the undertaking in relation to Shinetime China together with its related company in the Union enters into force. The national customs authorities responsible for the collection of duties will be informed accordingly.
               In this context, the Commission recalls that pursuant to Article 3(1)(b) read in conjunction with Annex III, Nr. 7 of Implementing Regulation (EU) No 1238/2013 and to Article 2(1)(b) read in conjunction with Annex 2, Nr. 7 of Implementing Regulation (EU) No 1239/2013, imports are only exempted from duties if the invoice indicates the price and possible rebates. 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

               (28)

               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 shall assess the impact of that particular breach on the practicability of the undertaking with the effect for all exporting producers and the CCCME.

               (29)

               The Commission has accordingly assessed the impact of the breaches by Shinetime China and its related company in the Union on the practicability of the undertaking with the effect for all exporting producers and the CCCME.

               (30)

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

               (31)

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

         G.   WRITTEN SUBMISSIONS AND HEARINGS

               (32)

               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. Shinetime China submitted comments on behalf of Shinetime China and Shinetime Europe and has been heard.

      Authenticity of invoices issued by Shinetime China and Shinetime Europe

               (33)

               Shinetime China contested that Shinetime China and Shinetime Europe had issued invoices and re-sale invoices for which the MIP was not respected. Shinetime China explained that their internal rules require all official invoices to be signed and sealed. In the absence of signature and seal on the invoices referred to in recitals (23) and (24), Shinetime China could not trace those invoices in their system. Shinetime China only confirmed the issuance of one re-sale invoice that respected the MIP.

               (34)

               The Commission rejects this argument. The Commission did not argue whether the invoices referred to in the above recitals were official invoices of Shinetime China and official re-sale invoices of Shinetime Europe.

               (35)

               On the contrary, the claim of Shinetime China on the authenticity of these invoices is irrelevant. The Commission established that an unrelated customer in the Union had engaged to pay an amount below the MIP to Shinetime China for the transaction referred to in recital (23). The Commission based this finding on a correspondence which Shinetime China claimed not to be in position to refute due to the departure of the relevant personnel. The Commission considers that the sole statement of Shinetime China that neither the relevant correspondence nor the invoice in question is traceable in its system or that the company does not have an account in Hong Kong is insufficient to alter the above finding.

               (36)

               In addition, the Commission also established that the payment from the first unrelated customer in the Union to Shinetime Europe for the transaction referred to in recital (24) corresponded to the re-sale invoice value for which the MIP was not respected. Therefore, even if Shinetime China claimed the re-sale invoice issued for an amount below the MIP as not authentic, the underlying financial transaction (e.g. the amount of money actually received from the buyer after any adjustments for credit/debit notes and the like) was not in conformity with the face value of the commercial re-sale invoice confirmed to be the official re-sale invoice of Shinetime Europe. The arguments of Shinetime China concerning the payment of the invoice are addressed in recitals (41) to (48).

      Sale below MIP by Shinetime China

               (37)

               Shinetime China claimed that the payment received from the allegedly unrelated importer referred to in recital (22) was only a prepayment. Shinetime China submitted the export documentation and an extract from the customer ledger concerning the allegedly unrelated importer to substantiate this claim.

               (38)

               The Commission rejects this argument. The evidence received from the national customs authorities demonstrate that the final customer in the Union directly paid to Shinetime China the re-sale invoice that the allegedly unrelated importer referred to in recital (22) issued. This (below MIP) payment to Shinetime China referenced the re-sale invoice number which the allegedly unrelated importer issued.

               (39)

               An extract from the customer ledger, without any further evidence to link the payment received from the allegedly unrelated importer to the transaction of the final customer in the Union is irrelevant, hence does not refute the evidence disclosed to Shinetime China. The argument on the possible prepayment by the allegedly unrelated importer is also irrelevant in this regard.

               (40)

               Therefore, the Commission upholds its finding that Shinetime China breached the undertaking by selling below the MIP via an allegedly unrelated importer in the Union.

      Sale below MIP by Shinetime Europe

               (41)

               Shinetime China claimed that the documentation related to the transaction referred to in recital (24) was in line with the requirements of the undertaking and that it respected the MIP. Shinetime China submitted the underlying export documentation and the customs declaration.

               (42)

               The Commission rejects this argument. The alleged compliance with the MIP on the basis of such documentation is irrelevant to the assessment whether the underlying payment transaction confirmed that the MIP was in fact respected.

               (43)

               Shinetime China also argued that the payment to Shinetime Europe was only a partial payment. The balance, including a late payment interest, due to the cease of Shinetime Europe's business activity was paid to Shinetime China 10 months later. Shinetime China submitted the underlying confirmation of payment to substantiate its argument on partial payment.

               (44)

               The Commission cannot accept this argument for the following reasons.

               (45)

               First, the payment term referred to in the underlying re-sale invoice was clearly 100 % prepayment. In addition, the payment by the unrelated customer in the Union did not contain any reference to prepayment. On the contrary, it contained reference to the re-sale invoice and corresponded to the re-sale invoice value not respecting the MIP.

               (46)

               Second, the delivery notice submitted by Shinetime China suggests that the solar modules were indeed delivered to the unrelated customer in the Union despite the non-respect of the payment term. The balance payment was not requested for almost ten additional months following the delivery.

               (47)

               Third, Shinetime China did not submit any further evidence (such as agreement with the customer on the alleged partial payment or debit note for late payment interest) to support its claim concerning the alleged partial payment and late payment interest, apart from the confirmation of payment for these amounts.

               (48)

               Finally, none of the alleged requests for payment, including the request for late payment interest were reported to the Commission.

               (49)

               Therefore, the Commission considers the arguments of Shinetime China unfounded and upholds its conclusions that Shinetime Europe breached the undertaking by selling below the MIP to an unrelated customer in the Union.

      Non-reporting

               (50)

               Shinetime China claimed that Shinetime Europe submitted the relevant quarterly sales report late. In addition, Shinetime China admitted that the transaction referred to in recital (24) was not reported to the Commission.

               (51)

               Set aside that Shinetime China has not respected its obligation to inform the Commission about the cease of the business activity of Shinetime Europe, the Commission points out that the reporting obligation covers all transactions in the given calendar quarter. Shinetime Europe has failed to report the transaction referred to in recital (24) which took place in a quarter prior to the cease of its business activity. Therefore, the Commission upholds its conclusion that Shinetime Europe breached the reporting obligation under the undertaking.

               (52)

               Shinetime China also claimed that the late submission of the quarterly report is not sufficient to invalidate the transaction referred to in recital (24).

               (53)

               The Commission points out that the reasons to invalidate the given transaction are explained in recital (24) and (27). The late submission of the quarterly sales report, in particular the fact that the transaction in question was not reported, are breaches of the reporting obligation under the undertaking. Such breaches, although they constitute sufficient grounds for the withdrawal of Shinetime China from the undertaking, are not taken into account in the assessment concerning the invalidation of the given transaction.

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

               (54)

               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 has concluded that the acceptance of the undertaking for Shinetime China together with its related company in the Union shall be withdrawn.

               (55)

               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) No 1238/2013 and the definitive countervailing duty imposed by Article 1 of Implementing Regulation (EU) No 1239/2013 automatically apply to imports originating in or consigned from the PRC of the product concerned and produced by Shinetime China (TARIC additional code: B919) as of the day of entry into force of this Regulation.

               (56)

               For information purposes the table in the Annex 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 Zhejiang Xiongtai Photovoltaic Technology Co. Ltd together with its related company in the Union, jointly covered by the TARIC additional code: B919 is hereby withdrawn.
   Article 2
   The commercial invoice No XTSSG1501-004-CI, issued on 16 January 2015 by Zhejiang Xiongtai Photovoltaic Technology Co. Ltd to SHINETIME SOLAR GMBH is declared invalid. National customs authorities are hereby directed to recover the customs debt incurred at the time of acceptance of the 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.
   Article 3
   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, 28 June 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ L 188, 18.7.2009, p. 93.

      (3)  OJ L 152, 5.6.2013, p. 5.

      (4)  OJ L 209, 3.8.2013, p. 26.

      (5)  OJ L 209, 3.8.2013, p. 1.

      (6)  OJ L 325, 5.12.2013, p. 1.

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

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

      (9)  OJ L 270, 11.9.2014, p. 6.

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

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

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

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

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

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

      (16)  OJ L 23, 29.1.2016, p. 23.

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

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

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

      ANNEX

         List of companies

                  Name of the company

                  TARIC additional code

                  Jiangsu Aide Solar Energy Technology Co. Ltd

                  B798

                  Alternative Energy (AE) Solar Co. Ltd

                  B799

                  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

                  CNPV Dongying Solar Power Co. Ltd

                  B813

                  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

                  Delsolar (Wujiang) Ltd

                  B792

                  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

                  Era Solar Co. Ltd

                  B818

                  GD Solar Co. Ltd

                  B820

                  Greenway Solar-Tech (Shanghai) Co. Ltd
                  Greenway Solar-Tech (Huaian) Co. Ltd

                  B821

                  Konca Solar Cell Co. Ltd
                  Suzhou GCL Photovoltaic Technology Co. Ltd
                  Jiangsu GCL Silicon Material Technology Development Co. Ltd
                  Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd
                  GCL-Poly (Suzhou) Energy Limited
                  GCL-Poly Solar Power System Integration (Taicang) Co. Ltd
                  GCL SOLAR POWER (SUZHOU) LIMITED

                  B850

                  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

                  Jetion Solar (China) Co. Ltd
                  Junfeng Solar (Jiangsu) Co. Ltd
                  Jetion Solar (Jiangyin) Co. Ltd

                  B830

                  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 Seraphim Solar System Co. Ltd

                  B836

                  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 Hareon Power Co. Ltd
                  Hareon Solar Technology Co. Ltd
                  Taicang Hareon Solar Co. Ltd
                  Hefei Hareon Solar Technology Co. Ltd
                  Jiangyin Xinhui Solar Energy Co. Ltd
                  Altusvia Energy (Taicang) Co. Ltd

                  B842

                  Jiangyin Shine Science and Technology Co. Ltd

                  B843

                  JingAo Solar Co. Ltd
                  Shanghai JA Solar Technology Co. Ltd
                  JA Solar Technology Yangzhou Co. Ltd
                  Hefei JA Solar Technology Co. Ltd
                  Shanghai JA Solar PV Technology Co. Ltd

                  B794

                  Jinko Solar Co. Ltd
                  Jinko Solar Import and Export Co. Ltd
                  ZHEJIANG JINKO SOLAR CO. LTD
                  ZHEJIANG JINKO SOLAR TRADING CO. LTD

                  B845

                  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

                  MOTECH (SUZHOU) RENEWABLE ENERGY CO. LTD

                  B852

                  Nanjing Daqo New Energy Co. Ltd

                  B853

                  NICE SUN PV CO. LTD
                  LEVO SOLAR TECHNOLOGY CO. LTD

                  B854

                  Ningbo Huashun Solar Energy Technology Co. Ltd

                  B856

                  Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd

                  B857

                  Ningbo Komaes Solar Technology Co. Ltd

                  B858

                  Ningbo Osda Solar Co. Ltd

                  B859

                  Ningbo Qixin Solar Electrical Appliance Co. Ltd

                  B860

                  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

                  Phono Solar Technology Co. Ltd
                  Sumec Hardware & Tools Co. Ltd

                  B866

                  RISEN ENERGY CO. LTD

                  B868

                  SHANDONG LINUO PHOTOVOLTAIC HI-TECH CO. LTD

                  B869

                  SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD
                  SHANGHAI ALEX NEW ENERGY CO. LTD

                  B870

                  Shanghai BYD Co. Ltd
                  BYD(Shangluo)Industrial Co. Ltd

                  B871

                  Shanghai Chaori Solar Energy Science & Technology Co. Ltd
                  Shanghai Chaori International Trading Co. Ltd

                  B872

                  Propsolar (Zhejiang) New Energy Technology Co. Ltd
                  Shanghai Propsolar New Energy Co. Ltd

                  B873

                  SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

                  B874

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title: Commission Implementing Regulation (EU) 2015/593 of 14 April 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Reblochon/Reblochon de Savoie (PDO))

text:
               16.4.2015

               EN

               Official Journal of the European Union

               L 99/5

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/593
   of 14 April 2015
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Reblochon/Reblochon de Savoie (PDO))
   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 France's application for the approval of amendments to the specification for the protected designation of origin ‘Reblochon’/‘Reblochon de Savoie’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Commission Regulation (EC) No 828/2003 (3).

               (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
                   (4) 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,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Reblochon’/‘Reblochon de Savoie’ (PDO) 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, 14 April 2015.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

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

      (2)  Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1).

      (3)  Commission Regulation (EC) No 828/2003 of 14 May 2003 amending the specification of 16 names appearing in the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (Danablu, Monti Iblei, Lesbos, Beaufort, Salers, Reblochon or Reblochon de Savoie, Laguiole, Mont d'Or or Vacherin du Haut-Doubs, Comté, Roquefort, Epoisses de Bourgogne, Brocciu corse or Brocciu, Sainte-Maure de Touraine, Ossau-Iraty, Dinde de Bresse, Huile essentielle de lavande de Haute-Provence) (OJ L 120, 15.5.2003, p. 3).

      (4)  OJ C 387, 1.11.2014, p. 17.


title: Commission Implementing Regulation (EU) No 1054/2012 of 7 November 2012 approving minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Taureau de Camargue (PDO)]

text:
               13.11.2012

               EN

               Official Journal of the European Union

               L 313/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 1054/2012
   of 7 November 2012
   approving minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Taureau de Camargue (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
   Whereas:

               (1)

               In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Taureau de Camargue’ registered in accordance with Commission Regulation (EC) No 2036/2001 (2), as amended by Regulation (EC) No 1068/2008 (3).

               (2)

               The purpose of the application is to amend the specification by giving more detailed information on the product description, the geographical area, the proof or origin, the method of production, labelling, national requirements and the contact details of the responsible department in the Member State, of the group and of the control structures.

               (3)

               The Commission has examined the amendments in question and concluded that they are justified. Since these are minor amendments within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission may approve them without using the procedure set out in Articles 5, 6 and 7 of that Regulation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The specification for the protected designation of origin ‘Taureau de Camargue’ is hereby amended in accordance with Annex I to this Regulation.
   Article 2
   Annex II to this Regulation contains the Single Document setting out the main points of the specification.
   Article 3
   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, 7 November 2012.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ L 275, 18.10.2001, p. 9.

      (3)  OJ L 290, 31.10.2008, p. 8.

      ANNEX I
      The specification for the protected designation of origin ‘Taureau de Camargue’ is amended as follows:

                  —

                  Updated references concerning the responsible department in the Member State, the applicant group and the control structures.

                  —

                  Description of product: the description of the product is supplemented by the age of the animals. This provision has not changed and was already included under the heading ‘Method of production’ in the specification.

                  —

                  Geographical area: the geographical area has not changed, but the list of cantons in the Community specification has been replaced by a list of municipalities.

                  —

                  Proof of origin: the heading has been supplemented by provisions on the control and guarantee of the origin and traceability of the designation. These provisions were amended following the reform of the control system for French-registered designations of origin.

                  —

                  Method of production: the heading has been supplemented by provisions from national legislation defining the registered designation of origin in question. Criteria for the genetic selection of breeds, the maximum load and the method for calculating the LU are therefore included. In addition, more detailed information is given on the ban on providing complete compound feeds and on the authorised therapeutic treatments.
                  Provisions on the slaughter of animals contained in national legislation are included (removal of animals, transport, slaughter, handling of the carcass). Similarly, a provision on cutting in the geographical area, which is included in national legislation, has been added.
                  Those provisions that overlap with the general regulations (control of contagious diseases, implementation of carcass classification according to the Europe grading scale) are deleted.

                  —

                  Labelling: the applicant group wanted to make the use of the European Union PDO symbol obligatory.

                  —

                  National requirements: the national requirements are supplemented by a table on the main points to be verified and their evaluation method, as provided for in French national legislation.

      ANNEX II

         SINGLE DOCUMENT

      Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
      ‘TAUREAU DE CAMARGUE’
      EC No.: FR-PDO-0105-0314-17.10.2011

         PGI ( ) PDO ( X )

      1.   Name

      ‘Taureau de Camargue’
      2.   Member State or third country

      France
      3.   Description of the agricultural product or foodstuff

      3.1.   Type of product

                  Class 1-1:

                  fresh meat and offal.

            3.2.   Description of product to which the name in (1) applies

      The designation of origin ‘Taureau de Camargue’ applies to fresh meat from male or female animals obtained from local breeds, that is, the ‘raço di Biou’ or ‘de Combat’ breed (a breed also called ‘Brave’) or from the crossing of these two breeds and born, reared, slaughtered and cut in the geographical area.
      The animals must be at least 18 months old.
      Carcasses must be hung in the slaughterhouse for not less than 48 hours and not more than five days. The weight of carcasses for tax purposes must be 100 kg or more, except for heifers of between 18 and 30 months, for which the weight is set at 85 kg.
      The meat of ‘Taureau de Camargue’ has a distinctive deep red colour; it is tender and lean.
      3.3.   Raw materials (for processed products only)

      —
      3.4.   Feed (for products of animal origin only)

      The main feed must consist of pasture, except during the winter period, during which a feed supplement may be provided consisting solely of hay and cereals from the geographical area. Complete compound feeds, including medicated feedingstuffs, are not authorised under any circumstances.
      3.5.   Specific steps in production that must take place in the defined geographical area

      The animals must be born, reared, slaughtered and cut in the geographical area.
      3.6.   Specific rules on slicing, grating, packaging, etc.

      The carcasses must be cut in the geographical area. The carcasses of animals slaughtered for the ‘Taureau de Camargue’ PDO are smaller on average than those of slaughter cattle and therefore special know-how is needed to make the most of their small size. This know-how has been preserved solely in the geographical area, which is practically the only place on French territory where the two breeds used for the ‘Taureau de Camargue’ PDO have been reared.
      3.7.   Specific rules on labelling

      ‘Taureau de Camargue’ PDO meat is identified when the carcass is whole, at the stage between the weighing of the carcass for tax purposes and its emergence from the chilling room.
      A stamp identifying the PDO is then immediately applied to the different muscles (in eight spots). The stamp is issued by the Institut national de l’origine et de la qualité.
      Up to the final distribution stage, the carcass and pieces of meat cut from it are accompanied by an identification label displaying at least:

                  —

                  the designation;

                  —

                  the slaughter number;

                  —

                  the name of the farm written clearly;

                  —

                  the name and address of the cutting plant or slaughterhouse;

                  —

                  the European Union PDO logo.

            4.   Concise definition of the geographical area

      In order to be entitled to the designation of origin, the meat must come from bull herds of the ‘raço di Biou’ breed or from livestock farms for the ‘de Combat’ breed located in the geographical area.
      The animals must be born, reared, slaughtered and cut in the following geographical area:

                  Department of Bouches-du-Rhône:

                              —

                              Canton of Arles: all the municipalities.

                              —

                              Canton of Châteaurenard: all the municipalities.

                              —

                              Canton of Eyguières: Aureilles, Eyguières, Lamanon and Mouriès.

                              —

                              Canton of Istres: Fos-sur-Mer, Istres.

                              —

                              Canton of Orgon: all the municipalities.

                              —

                              Canton of Port-Saint-Louis-du-Rhône: Port-Saint-Louis-du-Rhône.

                              —

                              Canton of Salon-de-Provence: Grans, Miramas, Salon-de-Provence.

                              —

                              Canton of Saintes-Maries-de-la-Mer: Saintes-Maries-de-la-Mer.

                              —

                              Canton of Saint-Rémy-de-Provence: all the municipalities.

                              —

                              Canton of Tarascon-sur-Rhône: all the municipalities.

                  Department of Gard:

                              —

                              Canton of Aigues-Mortes: all the municipalities.

                              —

                              Canton of Aramon: all the municipalities, with the exception of the municipalities of Estézargues and Domazan.

                              —

                              Canton of Beaucaire: all the municipalities.

                              —

                              Canton of Lédignan: Mauressargues.

                              —

                              Canton of Marguerittes: all the municipalities.

                              —

                              Canton of Nîmes: all the municipalities.

                              —

                              Canton of Quissac: all the municipalities, with the exception of the municipality of Quissac.

                              —

                              Canton of Remoulins: Argilliers, Collias, Remoulins, Vers-Pont-du-Gard.

                              —

                              Canton of Rhony-Vidourle: all the municipalities.

                  Canton of Saint-Chaptes: all the municipalities, with the exception of the municipalities of Aubussargues, Collorgues, Baron, Foissac, Saint-Dézéry.

                              —

                              Canton of Saint-Gilles: all the municipalities.

                              —

                              Canton of Saint-Mamert: all the municipalities.

                              —

                              Canton of Sommières: all the municipalities.

                              —

                              Canton of Uzès: Arpaillargues-et-Aureillac, Blauzac, Sanilhac-Sagriès, Saint-Maximin, Uzès.

                              —

                              Canton of Vauvert: all the municipalities.

                              —

                              Canton of Vistrenque (La): all the municipalities.

                  Department of Hérault:

                              —

                              Canton of Castries: all the municipalities.

                              —

                              Canton of Claret: Campagne, Fontanès, Garrigues, Sauteyrargues, Vacquières.

                              —

                              Canton of Lunel: all the municipalities.

                              —

                              Canton of Matelles: Prades-le-Lez, Saint-Bauzille-de-Montmel, Sainte-Croix-de-Quintillargues, Saint-Vincent-de-Barbeyrargues.

                              —

                              Canton of Mauguio: all the municipalities.

                  Canton of Montpellier: Castelnau-le-Lez, Clapiers, Le Crès, Lattes, Montpellier, Pérols.

            A wetland area has been marked out within this geographical area.
      5.   Link with the geographical area

      5.1.   Specificity of the geographical area

      The geographical area of the PDO corresponds to the winter pasture area of ‘Taureau de Camargue’, that is, the municipalities in which the animals traditionally remain for the winter, in the vast stretches of scrubland and grassland. This area includes a wetland area that follows the borders of the Camargue and in which the animals remain for at least six months during the summer period.
      These vast pastures composed of halophilous plants in the Camargue and of dry grasslands in the winter growth zone influence the physical and mental development of the animals. In turn, their rearing plays a significant environmental role, as it affects the evolution of the vegetation in the natural environments (sansouïres, salt meadows, swamps and open lawns): the bulls limit the growth of certain plant species and use large areas of vegetation composed of a mosaic of juxtaposed and interconnected habitats.
      5.2.   Specificity of the product

      Reference has been made in numerous works to the highly original nature of ‘Taureau de Camargue’, which stems partly from the isolation of the breed owing to the particular features of the Camargue and partly from a rearing method developed by breeders in order to adapt to the constraints of the environment.
      These animals are nearly wild, non-domesticated, hardy and resistant. They are suspicious of humans and can therefore be aggressive.
      As a result, the meat from these animals has particular characteristics as described in an INRA study (5 December 2007 – conference entitled ‘Rencontres autour des Recherches sur les Ruminants’), the main findings of which show that the muscles of these animals have a deep red colour and the meat is lean.
      5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or another characteristic of the product (for PGI)

      The particularity of ‘Taureau de Camargue’ meat is closely linked to its environment and to the objective of the rearing, which is to produce bulls for sport. This requires nearly wild animals that have been reared in a preserved and safeguarded natural environment.
      The excitable and aggressive nature of these animals means that they are perfectly suited to the purpose for which they are intended and gives the meat its characteristic features.
      ‘Taureau de Camargue’ is obtained from traditional local breeds, Camarguaise and Brave, and is particularly well adapted to the Camargue environment.
      Reared unrestrained, the animals feed on pasture and remain in the wetland area for at least six months. The area has flat landscapes that are the result of a particular geology and pedology and are characterised by the presence of varying amounts of salt. These agronomically poor soils are home to specific ecosystems (salicornia, obione, glasswort).
      The organoleptic qualities and particular nature of the meat can be explained by the diversity of the plant varieties found in the pastures:

                  —

                  halophilous plants (salicornia, glasswort, obione, etc.) in high-salt environments,

                  —

                  reeds and fescue in low-salt environments,

                  —

                  natural vegetation of the scrubland in the winter.

            The deep red colour of the meat is caused by its pH, which is influenced by the alkaline nutrients of the halophilous plants. Its fine grain is characterised by muscle fibre that develops through the regular movement of the animal in the free-range pastures (pasture land). The voluntary and frequent movement of these animals means that their muscles ‘feed’ on fats, making their meat low-fat.
      ‘Taureau de Camargue’ has highly specific qualities linked to the combined action of the soil, environment and living conditions.
      Shaped by its environment and bred according to the free-range method since ancient times, ‘Taureau de Camargue’ has become an important partner in efforts to maintain biodiversity in the Camargue.

         Reference to publication of the specification

      https://www.inao.gouv.fr/fichier/CDCTaureauDeCamargue.pdf