5.12.2013 Official Journal of the European Union L 325/1 (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed 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 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (!) (‘the basic Regulation), and in particular Article 9(4) and 14(1) thereof, Having regard to the proposal from the European Commission, after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Provisional Measures (1)  The European Commission (‘the Commission’) by Regu- lation (EU) No 513/2013 (3 (the provisional Regulation) imposed a provisional anti-dumping duty on 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 (the PRC’ or the ‘country concerned). () OJL343,22.12.2009,p. 51. () 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). (2)  The investigation was initiated following a complaint lodged on 25 July 2012 by EU ProSun (‘the complainant)) on behalf of producers representing more than 25 % of the total Union production of crystalline silicon photo- voltaic (PV) modules and key components. The complaint contained prima facie evidence of dumping of the said product and of material injury resulting there- from, which was considered sufficient to justify the initia- tion of an investigation. 2. Registration (3)  As mentioned in recital (3) to the provisional Regulation, following a request by the complainant supported by the required evidence the Commission adopted on 1 March 2013 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 People’s Republic of China subject to registration as of 6 March 2013. The provisional Regulation ceased the regis- tration of imports for the purpose of the anti-dumping investigation in accordance with Article 14(5) of the basic Regulation since a provisional anti-dumping duty provided protection against dumped imports. (4)  Some interested parties claimed that the decision for registration of imports was unfounded, as the conditions were not met pursuant to Article 14(5) of the basic Regulation. However, these claims were not substantiated or based on factual evidence. At the time the decision was taken to register imports the Commission had (*) 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).