SolarPower Europe welcomes the opportunity to contribute to the European Commission’s Call for Evidence on the evaluation of the EU Rules of Origin (RoO).
As the EU-level solar and battery storage industry association representing 315 members across the solar value chain, we support the European Commission’s objective of ensuring that the RoO framework remains fit for purpose, efficient, and aligned with the Union’s industrial, trade, and climate policy goals, especially the Net-Zero Industry Act (NZIA).
The RoO function well in practice and remain essential for the smooth operation of solar and battery energy storage system (BESS) companies. Any changes to the RoO framework should therefore be carefully assessed and clearly justified to avoid creating uncertainty in trade flows. We strongly support the European Commission’s efforts to modernise the system where necessary, especially as a means to facilitate the sound implementation of NZIA provisions.
In this context, greater granularity and clearer definitions may be required to strengthen transparency, prevent circumvention, and ensure alignment with supply chain resilience objectives, including those reflected in the market chapter of NZIA under Articles 25, 26 and 28, and anticipated EU preference rules.
Please see our full response in the following position paper, and our recommendations below.
Public Consultation on EU Rules of Origin: SolarPower Europe Feedback
Strengthening traceability. Assignment of country of origin by main specific component. Request for uniform origin verification mechanisms.
Read the paper
Clarification on the acquisition of origin for PV modules and BESS
To ensure better transparency, it is necessary to clearly differentiate between the origin of a PV module and the origin of its solar cells. Given that module assembling is a substantial, economically justified, and a significant step, we recommend that the country of module assembling should determine the origin.
We recommend introducing clearer distinctions within the HS classification for BESS – separating, at a minimum, battery cells, battery modules and/or packs, battery inverters and integrated BESS systems. This would support accurate tracking and a more meaningful application of origin rule
Strengthening traceability through dedicated HS-codes for PV components
To ensure effective tracking and differentiation of PV components, we recommend the introduction of unique HS-codes rules of origin for all relevant components necessary for manufacturing PV modules, as specified in the Annex of Commission Delegated Act of NZIA (“main specific components”).
In view of the above, we recommend establishing the following: a dedicated HS sub-code under HS 7308 for PV steel mounting structures, and a dedicated HS sub-code under HS 7610 for PV aluminium mounting structures.; a dedicated HS code for trackers, covering the complete system (mechanical/mounting structure + electronics + sensors); and a separate HS code for tracker electronic components, to be applied only when these components are shipped separately.
Production steps for the assignment of country of origin by main specific component
To increase legal certainty and ensure that origin reflects genuine value added, we recommend where possible an assignment of the country of origin not by the last substantial transformative production step, but the performance of typical production steps within the manufacturing of each main specific component (uniquely identified within the customs nomenclature).
Create specific HS codes for PV manufacturing equipment
The equipment required for PV manufacturing (e.g., for solar modules, cells, wafers, ingots) is highly specialised and dominated by a single country. Currently, this equipment cannot be identified under existing HS-codes.
We propose assigning unique HS-codes to PV manufacturing equipment to reflect the specificities of the PV value chain. For more detailed insights, please refer to our Solar Production Equipment Briefing Paper here.
Request for uniform origin verification mechanisms
Our members report using a wide range of verification tools, in some cases also differing depending on the component – including IEC and TÜV certificates, customs declarations, and other documentation not specifically designed to verify origin – highlighting the absence of a uniform approach to verifying the origin of solar components.
We therefore recommend the use of customs certificates issued by national customs authorities which identify the country of origin as the primary but not necessarily the only standardised mechanism to verify and confirm origin
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