Commission Implementing Decision (EU) 2022/1461

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union^note, and in particular Article 13(4) thereof,Having regard to Council Regulation (EC) No 71/97 of 10 January 1997 extending the definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 on bicycles originating in the People’s Republic of China to imports of certain bicycle parts from the People’s Republic of China, and levying the extended duty on such imports registered under Regulation (EC) No 703/96^note and in particular Article 3 thereof,Having regard to Commission Implementing Regulation (EU) 2020/45 of 20 January 2020 amending Implementing Regulation (EU) 2019/1379 as regards the extension of the anti-dumping duty imposed on imports of bicycles originating in the People’s Republic of China to imports of certain bicycle parts originating in the People’s Republic of China by Council Regulation (EC) No 71/97^note,Having regard to Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93^note, and in particular Articles 4 to 7 thereof,After informing the Member States,Whereas:

(1)An anti-dumping duty applies on imports of essential bicycle parts originating in the People’s Republic of China (‘China’) (‘the extended duty’) as a result of the extension of the anti-dumping duty imposed on imports of bicycles originating in China by Regulation (EC) No 71/97.

(2)Under Article 3 of Regulation (EC) No 71/97 the Commission is empowered to adopt the necessary measures to authorise the exemption of imports of essential bicycle parts which do not circumvent the anti-dumping duty.

(3)Those implementing measures are set forth in Regulation (EC) No 88/97 (‘the exemption Regulation’) establishing the specific exemption system.

(4)On that basis the Commission has exempted a number of bicycle assemblers from the extended duty (‘the exempted parties’).

(5)As provided for in Article 16(2) of the exemption Regulation, the Commission has published in the Official Journal of the European Union subsequent lists of the exempted parties^note.

(6)The most recent Commission Implementing Decision (EU) 2022/505^note concerning exemptions under the exemption Regulation was adopted on 23 March 2022.

(7)For the purposes of this Decision, the definitions set out in Article 1 of the exemption Regulation apply.

HAS ADOPTED THIS DECISION:

Article 1 #

The parties listed in the Table in this Article are hereby exempted from the extension by Council Regulation (EC) No 71/97 of the definitive anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93^note to imports of certain bicycle parts from the People’s Republic of China.In accordance with Article 7(2) of Regulation (EC) No 88/97 the exemption shall take effect as from the date of receipt of the parties’ request. This date is provided for in the Table column headed ‘Date of effect’.The exemption shall apply only to the parties specifically referred to in the Table in this Article.The exempted parties shall notify the Commission without delay of any change to their name and address, providing all relevant information, in particular on any modification in the party’ activities linked to assembly operations with regard to the conditions of exemption.Exempted partyTARIC additional code | Name | Address | Date of effectC492 | MOTOKIT Veiculos e Acessórios Lda | Rua Alto do Vale do Grou 36, 3750-870 Borralha/Águeda, Portugal | 25.9.2020C559 | Northtec Sp. z o.o. | ul. Dworcowa 15a, 43-502 Czechowice-Dziedzice, Poland | 27.7.2020C560 | Giant Gyártó Hungary Kft. | Jedlik Ányos utca 1, 3200 Gyöngyös, Hungary | 15.7.2020

Article 2 #

The parties listed in the Table in this Article are under examination in accordance with Article 6 of Regulation (EC) No 88/97.The suspensions of payment of the extended anti-dumping duty in accordance with Article 5 of Regulation (EC) No 88/97 shall be effective as from the dates of receipt of the parties’ respective supension requests. Those dates are provided for in the Table column headed ‘Date of effect’.Those suspensions of payments shall apply only to the parties under examination specifically referred to in the Table in this Article.The parties under examination shall notify the Commission without delay of any changes in their assembly operations linked to the conditions of suspension and provide the Commission with all relevant information as evidence. These changes include but are not limited to, any changes of the parties’ names, activities, legal forms, addresses.Parties under examinationTARIC additional code | Name | Address | Date of effectC557 | Berria Bike S.L. | Calle Blasco de Garay 19, 02600 Villarrobledo – Spain | 30.3.2022C720 | Propain Bicycles GmbH | Schachenstraße 39, 88267 Vogt, Germany | 1.7.2021C860 | Profil Bicycles CZ s.r.o. | Hněvotín 31, 783 47 Hněvotín, Czech Republic | 20.2.2022C863 | Decathlon Sp. z o.o. | ul. Geodezyjna 76, 03-290 Warszawa, Poland | 21.3.2022

Article 3 #

Updated references to the exempted or suspended parties listed in the Table in this Article are provided for in the column headed ‘New reference’. Those updates shall take effect as from the dates provided for in the Table column headed ‘Date of effect’.The corresponding TARIC additional codes previously attributed to those exempted or suspended parties as provided for in the Table column headed ‘TARIC additional code’ remain unchanged.Exempted/suspended parties for which the reference shall be updatedTARIC additional code | Former reference | New reference | Date of effectA984 | Blue Factory Team S.L.Calle Juan de la Cierva 62, Elche-Alicante, Spain | Blue Factory Team S.L.Calle Nicolás Copérnico 4, Elche Parque Empresarial, 03203 Elche-Alicante, Spain | 10.8.2021A605 | Bohemia Bike a.s.Na Pankráci 1724/129 Nusle, 140 00 Praha 4, Czech Republic | Bohemia Bike a.s.Pujmanové 1753/10a Nusle, 140 00 Praha 4, Czech Republic | 11.4.2022B940 | Solo International OyPyynitie 1B, 02230 Espoo, Finland | Solo International OyKomeetankatu 1, 02210 Espoo, Finland | 28.4.2022A730 | Alubike – Bicicletas S.A.Zona Industrial de Oiã Lote C10, Oiã, 3770 068 Oliveira do Bairro, Portugal | Alubike – Bicicletas S.A.Zona Industrial de Aveiro Sul, lote 11, Mamodeiro, Aveiro Concelho, Freguesia, 3810 783 Aveiro, Portugal | 11.6.2022

Article 4 #

The suspension of the payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 is hereby lifted during the period 27 July 2020 to 29 March 2022 for the party listed in the Table in this Article under TARIC additional code C557.The extended duty shall be collected as from 27 July 2020 to 29 March 2022.The suspension of the payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 is hereby lifted for the party listed in the Table in this Article under TARIC additional code C609 and the extended duty shall be collected.Parties for which the suspension is liftedTARIC additional code | Name | AddressC557 | Berria Bike S.L. | Calle Blasco de Garay 19, 02600 Villarrobledo, SpainC609 | Nextbike GmbH | Erich-Zeigner-Allee 69-73 04229 Leipzig, Germany

Article 5 #

This Decision is addressed to the Member States and to the parties listed in Articles 1 to 4 and published in the Official Journal of the European Union.

Commission Implementing Decision (EU) 2022/1461

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