Commission Implementing Decision (EU) 2024/1279

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 Council 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 Commission Regulation (EC) No 88/97 (‘the exemption Regulation’), as amended, 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)By Implementing Regulation (EU) 2023/611 of 17 March 2023, the Commission published in the Official Journal of the European Union the list of the parties under examination and the updated list of the exempted parties^note.

(6)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. The most recent Commission Implementing Decision (EU) 2023/1431^note concerning exemptions under the exemption Regulation was adopted on 30 June 2023.

(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 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, as amended, the exemption shall take effect as from the date of receipt of the parties' respective request for exemption. Those dates are 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 partiesTARIC additional code | Name | Address | Date of effectC557 | Berria Bike S.L. | Calle Blasco de Garay 19,02600 Villarrobledo, Spain | 30.3.2022C860 | Profil Bicycles CZ s.r.o. | Hněvotín 31,783 47 Hněvotín, Czechia | 20.2.2022C863 | Decathlon Sp. z o.o. | ul. Geodezyjna 76,03-290 Warszawa - Poland | 21.3.2022

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, and addresses.Parties under examinationTARIC additional code | Name | Address | Date of effect899I | Adrisport sas | Z.A. de Bellevue 7,56390 Colpo - France | 21.4.2023899M | Delta Sport Sp. z o.o. | Strzała, ul. Zamiejska 17,08-199 Siedlce - Poland | 22.5.2023

Article 3 #

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 parties listed in the Table in this Article.The extended duty shall be collected as from the dates provided for in the Table column headed ‘Date of effect’.Parties for which the suspension is liftedTARIC additional code | Name | Address | Date of effectC991 | Bicicletas Mendiz S.A. | Calle Zuazobidea 22,01015 Vitoria-Gasteiz (Álava-Araba) - Spain | 26.10.2022C896 | Cyclision s.r.o. | Štefánikova 68,921 01 Piešťany - Slovakia | 8.8.2022

Article 4 #

Updated references to the exempted 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 parties as provided for in the Table column headed ‘TARIC additional code’ remain unchanged.Exempted parties for which the reference shall be updatedTARIC additional code | Former reference | New reference | Date of effectA826 | Rijwielen en bromfietsen L'AvenirPosthoornstraat 1,2500 Lier - Belgium | L’Avenir 2.0 B.V.Posthoornstraat 1,2500 Lier - Belgium | 6.6.2023C720 | Propain Bicycles GmbHSchachenstraße 39,88267 Vogt - Germany | Propain Bicycles GmbHSchachenstraße 15,88267 Vogt - Germany | 29.8.2023C481 | FJ Bikes Europe Unipessoal, LdaPraça do Município 8, Sala 1D,3750 111 Águeda - Portugal | FJ Bikes Europe Unipessoal, LdaParque Empresarial do Casarão,Avenida das Ferragens 579,3750-860 Borralha, Águeda - Portugal | 13.7.2023

Article 5 #

Article 6 #

This Decision is addressed to the Member States and to the parties listed in Articles 1 to 5 and published in the Official Journal of the European Union.

Article 1#

Article 2#

Article 3#

Article 4#

Article 5#