EU Pact on Chinese Solar Panels Marks Beijing-to-Berlin Win

July 30, 2013 by  
Filed under Green Energy News

Planned European Union curbs on
Chinese solar panels would last less than half as long as normal
trade protection, marking a victory not just for China but also
for Germany, the U.K. and other free-market proponents in the
EU’s biggest dispute of its kind.

European Trade Commissioner Karel De Gucht said yesterday
the agreement he sealed with China over the weekend setting a
minimum price and a volume limit on EU imports of Chinese solar
panels will expire at the end of 2015. Chinese manufacturers
that take part would be spared EU tariffs meant to counter
below-cost sales, a practice known as dumping.

Along with China, EU governments including those of German
Chancellor Angela Merkel and U.K. Prime Minister David Cameron
have warned against European levies on imports of the renewable-energy technology. The EU’s 28 nations must decide by Dec. 5
whether to turn the negotiated deal into a package of
“definitive” anti-dumping measures to help a withering
domestic industry. These typically last for five years rather
than the shorter period foreseen in De Gucht’s plan.

“We allow a certain intervention in the market hoping, and
we are trustful, that this will lead to a stabilization of the
market,” De Gucht told reporters yesterday in Brussels. “If
the European solar industry wants to continue selling solar
panels, they will have to be competitive with the rest of the
world. That’s a free market.”

Political Agenda

The EU effort to restrain Chinese competition against
European producers such as Solarworld AG (SWV) has jumped to the top
of the political agenda in Europe’s capitals and Beijing as
Chinese manufacturers and European importers warn about price
increases. The case covers EU imports of crystalline silicon
photovoltaic modules or panels, and cells and wafers used in
them — shipments valued at 21 billion euros ($28 billion) in

In retaliation, the Chinese government is threatening to
impose punitive duties on imports into China of polysilicon — a
material used in solar panels — and wine from Europe.

Those two cases came up during the negotiations on the
accord over Chinese solar panels, according to De Gucht. He said
China agreed to allow “a window for discussions” with European
polysilicon and wine producers in an effort to avoid possible
punitive duties against them due as soon as February next year.

“The Chinese government has promised to facilitate such
discussions,” De Gucht said. “That’s exactly what has been

Possible Dumping

He said another controversial trade issue — Chinese
shipments of mobile-telecommunications equipment to Europe
didn’t feature in the solar-panel talks. In May, the European
Commission said it was prepared to probe possible Chinese
subsidies to telecom-network makers such as Huawei Technologies
Co. and the possible dumping of the equipment in the EU — steps
that could result in punitive EU duties.

De Gucht signaled the EU-China agreement on solar panels
should be a model for the telecom case, which affects such
European companies as Ericsson AB.

“The solution we have found is targeted and innovative,”
De Gucht said. “We will need such a constructive approach also
for other cases affecting trade between the EU and China. And I
sincerely hope that the solution we found in the solar-panels
case will set the tone for these discussions.”

Lower Rate

In early June, the commission announced provisional anti-dumping duties as high as 67.9 percent on Chinese solar panels
as part of a probe begun in September. The commission, the EU’s
executive arm, decided to apply an initial lower rate of 11.8
percent for two months to encourage the government in Beijing to
negotiate a solution.

As of Aug. 6, unless the accord goes ahead, the provisional
levies will range from 37.3 percent to 67.9 percent, depending
on the Chinese company. The import taxes target more than 100
Chinese companies including Yingli Green Energy Holding Co.,
Wuxi Suntech Power Co. and Changzhou Trina Solar Energy Co.

De Gucht said the commission is due to decide on Aug. 2 on
the negotiated deal. He didn’t disclose the agreed minimum price
and volume limit.

The accord would fix a minimum price of 56 euro cents a
watt for annual imports from China of as much as 7 gigawatts, a
trade official in Europe said on July 27 when the commission
announced that an agreement had been reached. The pact would
cover around 90 Chinese exporters that have about 60 percent of
the EU solar-panel market, according to the official, who spoke
on the condition of anonymity.

Downward Pressure

De Gucht said the agreement covers Chinese exporters that
account for 70 percent of EU imports of solar panels. He also
said the Chinese industry had sold the goods in Europe for as
low as 40 euro cents a watt.

“By setting a floor price, the downward pressure on prices
should come to an end,” De Gucht said. He said the commission
assumed the European solar-panel market, of which Chinese
companies have an 80 percent share, would grow.

EU ProSun (EUESEMU), which represents around 40 European solar-panel
producers including Solarworld of Germany, has called the accord
unacceptable and vowed to file a lawsuit.

The group said on July 27 that the agreed minimum price
matches that at which Chinese exporters are selling solar panels
in the EU. Yesterday, EU ProSun said the bloc’s solar market is
“expected” to be 10 gigawatts in 2013.

Negotiated Settlement

“In other words, 70 percent of the EU market will be given
over to China’s planned economy delivering products at dumped
prices,” Milan Nitzschke, president of EU ProSun, said in an e-mailed statement on July 29. “European industry expects further
bankruptcies and job losses as a result of this agreement.”

In Europe, which accounts for about three-quarters of the
global photovoltaic market, more than two dozen manufacturers
have sought protection from creditors since 2010 and many have
shifted production to lower-cost plants in Asia. Germany’s Q-Cells SE, which was acquired last year by South Korea’s Hanwha
Group, has its largest factory in Malaysia.

De Gucht dismissed EU ProSun’s argument, saying “I think
they have no case,” and said he had the impression a group
representing European importers of solar panels was also
dissatisfied with the negotiated settlement.

“When nobody really agrees, then in politics there is also
a good chance that you are more or less in the right middle,”
he said.

The EU is also threatening to impose a separate set of
duties on Chinese solar panels to counter alleged subsidies.
That’s the focus of a second investigation in which the deadline
for introducing any provisional anti-subsidy duties is Aug. 8
and for imposing any definitive measures is early December.

De Gucht said the accord reached with China as part of the
dumping investigation would be factored into the commission’s
subsidy inquiry. He declined to say whether that would lead to
provisional anti-subsidy duties on Chinese solar panels.

To contact the reporter on this story:
Jonathan Stearns in Brussels at

To contact the editor responsible for this story:
James Hertling at

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