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The reporter recently learned that at the last moment of the voting on the 24th regarding the photovoltaic (PV) tax, several countries changed their positions. More than half of the EU member states, including Germany, ultimately voted against the proposed measure. This outcome came as a major surprise to European Commission Trade Commissioner Karel De Gucht, who had previously shown confidence in the proposal. The unexpected shift left him visibly anxious, and from the 27th onward, he began urgently lobbying trade ministers to reconsider their stance before the preliminary results were officially announced.
In addition, the European Commission is exploring the possibility of forming an alliance with the United States to address the issue. Meanwhile, China continues its diplomatic efforts. Although Zhong Shan, China’s representative for international trade negotiations, has concluded his consultations, many officials from the Ministry of Commerce are still in Brussels, prepared to engage in further discussions with the European Commission.
On the 28th, sources close to EU trade departments revealed that 14 countries, including Germany, Britain, the Netherlands, and Sweden, voted against the PV tax. Three other countries "probably" also joined the opposition. France, Italy, Spain, and Lithuania supported the European Commission, while Poland and four others chose to abstain.
Notably, some countries, including Germany, were still undecided even as late as 8 p.m. on the 24th, with some considering abstention. Industry insiders noted that after several positive interactions between Chinese and EU representatives, the situation shifted unexpectedly, putting the European Commission in a difficult position. If China had been under pressure, it was now the Commission facing mounting stress.
Since the European Commission launched its "double anti-dumping" investigation into China's solar products, it has faced widespread criticism from both industry and political circles across Europe. After the breakdown of the first round of negotiations due to the Commission's lack of sincerity, some EU members expressed dissatisfaction with its approach.
A veteran familiar with EU rules told reporters that the recent voting results could alter the power dynamics in the ongoing PV dispute, which had previously seemed unfavorable to China. The European Commission, which had been pushing the case aggressively, now faces a significant setback, weakening its negotiating position.
However, the Commission appears undeterred in its plan to impose tariffs on Chinese PV products. Gucht stated that he would "take into account the recommendations of member states," but emphasized the need for punitive tariffs. On the 27th, he reaffirmed the Commission’s commitment to maintaining an independent stance, resisting external pressures, and acting solely based on evidence to protect the interests of European businesses and workers.
According to sources, Gucht has initiated "emergency consultations" with at least three member states that voted against the proposal. Under EU rules, the vote on the 24th has no legal binding effect, and member states can change their positions at any time before June 6.
This level of attention to member state voting before the preliminary ruling is unusual for the European Commission, which typically only acts closer to the final decision. Some EU legal experts warned that if the Commission pressures those who voted against it, it could undermine the legitimacy of its handling of the case. According to procedure, once member states have finalized their positions, the Commission cannot change them.
Fan Zhenhua, a lawyer representing PV companies and legal director at Yingli Green Energy, noted that even if more than half of the member states opposed the move, the European Commission still has the right to impose temporary tariffs on Chinese PV products. However, by the end of December, the opinions of member states will play a critical role. Hence, the Commission is currently engaged in extensive lobbying efforts.
Yet, achieving success in these efforts is not easy. A source mentioned that on the morning of the 24th, Gucht attempted to persuade the trade ministers of at least two member states, but none of the attempts succeeded.
At the same time, the European Commission is seeking to build an alliance with the United States to tackle the issue. According to a foreign media report citing an EU trade spokesperson, Gucht is open to cooperating with the U.S. to explore the possibility of reaching an agreement.
"A person familiar with the matter pointed out that the European Commission is testing its own limits. Taking extreme measures would be very risky." Due to certain considerations, Gucht may have to proceed with the original plan. If the key step of imposing the PV tax fails, it could hinder a series of subsequent actions, such as the follow-up investigation into China's telecommunications equipment, disrupting its long-term trade strategy.
Sources believe that despite the majority of member states opposing the move, the European Commission will make every effort to push forward with the preliminary ruling, aiming to impose an average anti-dumping tariff of 47.6% on Chinese PV products. Once the taxation begins, even if China and the EU manage to negotiate a resolution, the damage to China’s PV market will be irreversible.
During consultations with the European side on the 27th, Zhong Shan stressed that the two "double anti-dumping" cases involve China’s major economic interests. If the European side imposes a temporary anti-dumping duty on PV products and conducts an independent investigation into wireless communication equipment, the Chinese government will not remain passive. It will take necessary measures to safeguard national interests. While the risk of expanding Sino-European trade disputes is increasing, China remains committed to doing everything possible to reach a consensus and avoid a trade war, but this also requires restraint and cooperation from the EU.