Contents
Article 1#
1.A definitive countervailing duty is imposed on imports of new battery electric vehicles, principally designed for the transport of nine or less persons, including the driver, excluding L category vehicles according to Regulation (EU) No 168/2013 and motorcycles, propelled (regardless of the number of wheels set in motion) solely by one or more electric motors, including those with an internal combustion range extender (an auxiliary power unit), currently falling under CN code ex87038010 (TARIC code 8703801010) and originating in the People’s Republic of China.
2.The rates of the definitive countervailing duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:Company | Definitive countervailing duty | Definitive TARIC additional codeBYD Group: | 17,0 % |BYD Auto Company Limited | 89HHBYD Auto Industry Company Limited | 89HIChangsha BYD Auto Company Limited | 89HJChangsha Xingchao Auto Company Limited | 89HKChangzhou BYD Auto Company Limited | 89HLFuzhou BYD Industrial Company Limited | 89HMHefei BYD Auto Company Limited | 89HNJinan BYD Auto Company Limited | 89HOGeely Group: | 18,8 % |Asia Euro Automobile Manufacture (Taizhou) Company Limited | 89HPChongqing Lifan Passenger Vehicle Co., Ltd. | 89HQFengsheng Automobile (Jiangsu) Co., Ltd. | 89HRShanxi New Energy Automobile Industry Co., Ltd. | 89HSZhejiang Geely Automobile Company Limited | 89HTZhejiang Haoqing Automobile Manufacturing Company Limited | 89HUZhongjia Automobile Manufacturing (Chengdu) Co., Ltd. | 89HVSAIC Group: | 35,3 % |SAIC MAXUS Automotive Company Limited | 89HWSAIC Motor Corporation Limited | 89HXNanjing Automobile (Group) Corporation | 89HYSAIC Volkswagen Automotive Co., Ltd. | 89HZSAIC GM Wuling Automobile Co., Ltd. | 89IASAIC General Motors Co., Ltd. | 89IBTesla (Shanghai) Co., Ltd | 7,8 % | 89BZOther cooperating companies (Annex I) | 20,7 % |All other companies | 35,3 % | 8999
3.The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of new battery electric vehicles sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.
4.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2#
The amounts secured by way of the provisional countervailing duties pursuant to Implementing Regulation (EU) 2024/1866 shall be definitively released.
Article 2a#
1.Imports declared for release into free circulation shall be exempt from the countervailing duty imposed by Article 1, provided that they are manufactured, shipped and invoiced by a company from which an undertaking is accepted by the Commission and whose name is listed in Commission Implementing Decision (EU) 2026/328, and have been imported in conformity with the provisions of the same Implementing Decision.
2.
Article 2b#
A company from which an undertaking is accepted by the Commission and whose name is listed in Implementing Decision (EU) 2026/328 and subject to certain conditions specified therein, will also issue an invoice for transactions which are not exempted from the countervailing duty. This invoice is a commercial invoice containing at least the elements stipulated in Annex III to this Regulation.
Article 3#
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Annex I · Cooperating chinese exporting producers not sampled
| Cooperating exporting producers | Related producers | DefinitiveTARIC additional code |
|---|---|---|
| Aiways Automobile Co., Ltd. | Aiways Automobile Co., Ltd. | 89FW |
| Jiangxi Yiwei Automobile Manufacturing Co., Ltd. | 89FX | |
| Anhui Jianghuai Automobile Group Corp., Ltd. | Anhui Jianghuai Automobile Group Co., Ltd. | 89FY |
| Volkswagen (Anhui) Automotive Co., Ltd | 89FZ | |
| BMW Brilliance Automotive Ltd. | BMW Brilliance Automotive Ltd. | 89GA |
| Brilliance Xinri New Energy Automobile Co., Ltd. | 89GB | |
| Spotlight Automotive Ltd. | 89GC | |
| Chery Automobile Co., Ltd. | Chery Automobile Co., Ltd. | 89GD |
| Chery New Energy Automobile Co., Ltd | 89GE | |
| China FAW Corporation Limited | Audi FAW NEV Co., Ltd. | 89GF |
| Changan Mazda Automobile Corporation Ltd. | 89GG | |
| China FAW Corporation Limited | 89GH | |
| FAW Toyota Motor Co., Ltd. | 89GI | |
| FAW-Volkswagen Automotive Co., Ltd | 89GJ | |
| Jiangsu Guoxin New Energy Passenger Car Co., Ltd. | 89GK | |
| Chongqing Changan Automobile Company Limited | Chongqing Changan Automobile Company Limited | 89GL |
| Chongqing Lingyao Automobile Co., Ltd. | 89GM | |
| Hefei Chang ‘an Automobile Co., Ltd. | 89GN | |
| Nanjing Chang ‘an Automobile Co., Ltd. | 89GO | |
| Dongfeng Motor Group Co., Ltd. | Seres Auto (Hubei) Co., Ltd. | 89GP |
| Dongfeng Honda Automobile Co., Ltd. | 89GQ | |
| Dongfeng Liuzhou Motor Co., Ltd. | 89GR | |
| Dongfeng Motor Company Ltd. | 89GS | |
| Dongfeng Motor Group Co., Ltd. | 89GT | |
| Dongfeng Peugeot Citroen Automobile Company Ltd. | 89GU | |
| eGT New Energy Automotive Co., Ltd. | 89GV | |
| Seres Auto Co., Ltd. | 89GW | |
| Voyah Automobile Technology Co., Ltd. | 89GX | |
| Great Wall Motor Company Limited | Great Wall Motor Company Limited Taizhou Branch | 89GY |
| Hebei Changzheng Automobile Manufacturing Co. LTD | 89GZ | |
| Rizhao Weipai Automobile Co., Ltd. | 89HA | |
| Leapmotor Automobile Co., Ltd. | Leapmotor Automobile Co., Ltd. | 89BW |
| Nanjing Golden Dragon Bus Co., Ltd. | Nanjing Golden Dragon Bus Co., Ltd. | 89BX |
| NIO Holding Co., Ltd. | NIO (Anhui) Co., Ltd. | 89HB |
| NIO Co., Ltd. | 89HC | |
| NIO Technology (Anhui) Co., Ltd. | 89HD | |
| XPeng Inc. | XPeng Inc. | 89HE |
| Zhaoqing Xiaopeng New Energy Investment Co., Ltd. | 89HF | |
| Zhaoqing Xiaopeng New Energy Investment Co., Ltd. Guangzhou Branch | 89HG |
Annex II
(1)The heading ‘UNDERTAKING DECLARATION COVERING GOODS SUBJECT TO AN UNDERTAKING’;
(2)The name of the Company issuing the Undertaking Declaration;
(3)The Commercial Invoice number to which the Undertaking Declaration is related;
(4)The date of issue of the Commercial Invoice to which the Undertaking Declaration is related;
(5)The TARIC additional code under which the goods covered by the Undertaking Declaration are to be customs-cleared at the European Union frontier (as specified in the Regulation imposing the definitive countervailing duty);
(6)The exact plain language description of the goods and:
—TARIC code,
—quantity (to be given in units expressed in number of vehicles);
(7)Name of the Company acting as an importer to which the invoice is issued directly by the Company;
(8)The name of the official of the Company that has issued the Undertaking Declaration and the following signed declaration:‘I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this Undertaking Declaration is being made within the scope and under the terms of the Undertaking offered by [Company], and accepted by the European Commission through [Regulation] [Decision]. I declare that the information provided on this Undertaking Declaration is complete and correct.’.
The following elements shall be indicated in the Undertaking Declaration covering the Company's sales to the European Union of goods which are subject to the Undertaking:
Moreover, the Undertaking Declaration shall be accompanied by the relevant consignment tracking request details as issued under the TRON platform by DG TRADE AND ECONOMIC SECURITY of the European Commission.
III
(1)The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO COUNTERVAILING DUTIES’;
(2)The name of the Company issuing the Commercial Invoice and the name of the Company manufacturing the goods;
(3)The Commercial Invoice number;
(4)The date of issue of the Commercial Invoice;
(5)The TARIC additional code under which the goods on the invoice are to be customs-cleared at the European Union frontier;
(6)The exact plain language description of the goods and:
—technical specifications of the company product code number (CPC),
—the company product code number (CPC),
—TARIC code,
—quantity (to be given in units expressed in number of vehicles);
(7)The description of the terms of the sale, including:
—total price,
—the applicable payment terms,
—the applicable delivery terms,
—total discounts and rebates;
(8)The name and signature of the official of the Company that has issued the Commercial Invoice.
The following elements shall be indicated in the Commercial Invoice accompanying the Company’s sales to the European Union of goods, which are subject to the countervailing duties:
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.