Study On Anti - Subsidy Case Of European Crystalline Silicon Photovoltaic Module And Key Components

On8November2012, following a complaint lodged by EU ProSun，the EuropeanCommission announced by a notice published in the Official Journal of the European Union,the initiation of an anti-subsidy proceeding with regard to imports into the Union ofcrystalline silicon photovoltaic modules and key components originating in the People’sRepublic of China. This is the second countervailing investigation for the photovoltaicindustry in China, which involving a Significant amount of money, and arouses extensiveattention. In this case, the European commission insists that the PRC is heavily subsidizingthe photovoltaic industry, and the subsidies are specific and the Union industry sufferedmaterial injury, and should be imposed a definitive countervailing duty on imports ofPhotovoltaic products originating in or consigned from China. Because of the demonstrationeffect of the adjudication, the photovoltaic products in China are likely to suffer morecountervailing investigation. As there is no special rule for the new energy subsidies in theexisting system of WTO, the increasingly heated new energy subsidies disputes can not besettled very well. It is necessary for us to promote improving the relevant legal systemthrough the multilateral trade negotiations in the future. Therefore, analyzing the case andputting forward some relevant countermeasures have highly theoretical significance andpractical value.After consulting books and materials in the library, and analyzing the information of thiscase, the writer takes the method combining the theoretical analysis and empirical analysis toanalyze the determination of specificity, the application of the external benchmark, damage,causality and the community interest one by one. After analyzing the countermeasures aboutnew energy subsidies proposed by scholars at home and abroad, putting forward somerelevant suggestions with regard to this case, in order to provide a reference on copping withnew energy subsidies in China in the future.This paper consists of three parts. It is going to explore the matter through three steps,which include the case introduction, case analysis and recommending appropriate solutions.The first part is about the fundamental result of the case, and divided into three sectionsincluding a simple introduction of the case, the dispute focuses and major reasons.The second part is the core of this paper which is about case analysis. It analyzes whether or not the subsidies are specific, whether or not it is legal to use a external benchmarkwhen calculating the amount of countervailable subsidies in Preferential loans and theprovision of land use rights, whether or not the subsidies injury the Union industry,whetheror not there is a causality between the subsidies and the material injury, whether thecountervailing measures are in line with the community interest and then draws conclusions.The third part is the countermeasure and the suggestion gained from the analysis of thecase. By summarizing the research results of domestic scholars, coming forwardcountermeasures and suggestions of similar cases in the future in terms of international lawand domestic law.