L 325/66 Official Journal of the European Union 5.12.2013 COUNCIL IMPLEMENTING REGULATION (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from coun- tries not members of the European Community ('), and in par- ticular Article 15 thereof, Having regard to the proposal from the European Commission, after consulting the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Initiation On 8 November 2012, the European Commission (the ‘Commission’) announced by a notice published in the Official Journal of the European Union (3 (Notice of Initia- tion’), the initiation of an anti-subsidy proceeding with regard to imports into the Union of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in the People’s Republic of China (PRC or the ‘country concerned). The anti-subsidy proceeding was initiated following a complaint lodged on 26 September 2012 by EU ProSun (‘the complainant’) on behalf of producers representing in this case more than 25 % of the total Union production of crystalline silicon photovoltaic modules and key components. The complaint contained prima facie evidence of subsidisation of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. Prior to the initiation of the proceeding and in accord- ance with Article 10(7) of Regulation (EC) No 597/2009 (‘the basic Regulation’), the Commission notified the Government of the PRC (‘the GOC) that it had received a properly documented complaint alleging that subsidised imports of crystalline silicon photovoltaic modules and key components originating in the PRC were causing material injury to the Union industry. The GOC was invited for consultations with the aim of clarifying the situation as regards the contents of the complaint and () OJL188,18.7.2009, p. 93. () 0JC340,8.11.2012,p. 13. arriving at a mutually agreed solution. The GOC accepted the offer of consultations which were subsequently held. During the consultations, no mutually agreed solution could be arrived at. However, due note was taken of comments made by the GOC regarding the non-counter- vailability of the schemes listed in the complaint. Following the consultations, submissions were received from the GOC. 1.2. Parallel anti-dumping proceeding (4 On 6 September 2012, the Commission had announced by a notice published in the Official Journal of the European Union (), the initiation of an anti-dumping proceeding concerning imports into the Union of crystalline silicon photovoltaic modules and key components (ie. cells and wafers) originating in the PRC. (5)  On 6 June 2013, the Commission, by Commission Regu- lation (EU) No 513/2013 (%), imposed a provisional anti- dumping duty on imports of crystalline silicon photovol- taic modules and key components (i.e. cells and wafers) originating in or consigned from the PRC (Provisional anti-dumping Regulation’). (6)  The injury analyses performed in the present anti-subsidy and the parallel anti-dumping investigation are based on the same definition of the Union industry, the representa- tive Union producers and the investigation period and led to identical conclusions unless otherwise specified. This was considered appropriate in order to streamline the injury analysis and to reach consistent findings in both proceedings. For this reason, comments on injury aspects put forward in any of these proceedings were taken into account in both proceedings. 1.3. Registration (7)  Following a request by the complainant supported by the required evidence the Commission adopted on 1 March 2013 Commission Regulation (EU) No 182/2013 () making imports of crystalline silicon PV modules and key components (i.e. cells and wafers) originating in or consigned from the PRC subject to registration as of 6 March 2013. () 0JC269,6.9.2012,p.5. (*) Commission Regulation (EU) No 513/2013 of 4 June 2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photo- voltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China and amending Regulation (EU) No 182/2013 making these imports originating in or consigned from the People’s Republic of China subject to registration (OJL152, 5.6.2013,p. 5). Commission Regulation (EU) No 182/2013 of 1 March 2013 making imports of crystalline silicon photovoltaic modules and key compo- nents (i.e. cells and wafers) originating in or consigned from the People’s Republic of China subject to registration (OJ L 61, 5.3.2013, p- 2). <z