{
  "url": "https://openlegislation.uk/eu-decision-2015-2362/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2015-2362/introduction.json",
  "legislation": "eudn/2015/2362",
  "legislation_title": "Commission Implementing Decision (EU) 2015/2362 of 15 December 2015 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Regulation (EC) No 88/97 (notified under document C(2015) 9049)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2015-2362",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Decision (EU) 2015/2362\nof 15 December 2015\nconcerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Regulation (EC) No 88/97\n(notified under document C(2015) 9049)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community, and in particular Article 13(4) thereof,\nHaving 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, and in particular Article 3 thereof,\nHaving 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, and in particular Articles 4, 5, 7 and 10 thereof,\nAfter informing the Member States,\nWhereas:\n(1)\nAn anti-dumping duty currently applies on imports into the European Union of essential bicycle parts originating in the People's Republic of China (‘the extended duty’) as a result of the extension by Regulation (EC) No 71/97 (‘the extending Regulation’) of the anti-dumping duty on imports of bicycles originating in the People's Republic of China (‘China’).\n(2)\nUnder Article 3 of the extending Regulation, the European Commission (‘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.\n(3)\nThose implementing measures are contained in Regulation (EC) No 88/97 (‘the exemption Regulation’) establishing the specific exemption system.\n(4)\nOn this basis the Commission has exempted a number of bicycle assemblers from the extended duty (‘the exempted parties’).\n(5)\nAs provided for in Article 16(2) of the exemption Regulation, the Commission has published in the Official Journal of the European Union successive lists of the exempted parties.\n(6)\nThe most recent Commission Implementing Decision concerning exemptions under the exemption Regulation was adopted on 16 April 2014.\n(7)\nMoreover following the screening initiated by Commission Notice 2014/C-299/08 the Commission updated the list of exempted parties through the Commission Implementing Regulation (EU) 2015/831.\n1.\nREQUESTS FOR EXEMPTION\n(8)\nThe Commission received from the parties listed in Tables 1, 2 and 4 below the requests for exemption with all the information required to determine that these were admissible pursuant to Article 4(1) of the exemption Regulation.\n(9)\nThese parties were given an opportunity to comment on the Commission's conclusions as to the admissibility of their requests.\n(10)\nPursuant to Article 5(1) of the exemption Regulation pending a decision on the merits of requests from these parties the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties was suspended as from the day on which the Commission received their requests.\n2.\nAUTHORISATION OF EXEMPTIONS\n(11)\nThe examination of the merits of the requests from the parties listed in Table 1 has been concluded.\nTable 1\nName\nAddress\nCountry\nTARIC additional code\nc2g-engineering GmbH\nSchlesische Straße 27, DE-10997 Berlin\nGermany\nB934\nSolo International Oy\nPyyntitie 1 B, FI-02230 Espoo\nFinland\nB940\nPlanet X Ltd\nUnit 6, Ignite Business Park, Magna Way, Rotherham GB-S60 1FD\nUnited Kingdom\nA995\nLongway Poland Sp. z o.o.\nul. Parzniewska 4a, PL-05-800 Pruszków\nPoland\nB935\nBBF Bike GmbH\nCarena Allee 8, DE-15366 Hoppegarten\nGermany\nB936\n(12)\nThe Commission established during this examination that the value of the parts originating in China constituted less than 60 % of the total value of the parts used in these parties' assembly operations.\n(13)\nConsequently, their assembly operations fall outside the scope of Article 13(2) of Regulation (EC) No 1225/2009.\n(14)\nFor that reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in Table 1 should be exempted from the extended duty.\n(15)\nIn accordance with Article 7(2), their exemptions should take effect as from the date of receipt of their requests and, in addition, their customs debts in respect of the extended duty should be considered void from the same date.\n(16)\nThese parties were informed of the Commission's conclusions on the merits of their requests and were given an opportunity to comment thereon.\n(17)\nSince the exemptions will apply only to the parties specifically referred to in Table 1 with their names and addresses, the exempted parties should notify the Commission forthwith, of any changes to these (for instance, following a change in the name, legal form or address or following the setting up of new assembly entities).\n(18)\nIn such case, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.\n3.\nREJECTION OF REQUEST FOR EXEMPTION AND LIFTING RELATED SUSPENSION\n(19)\nThe examination of the merits of the request from the party listed in Table 2 has been concluded.\nTable 2\nName\nAddress\nCountry\nTARIC additional code\nS.C EUROBIKE UNIVERSAL S.R.L.\nStreet Asociatiei No 4, Movilita, Ialomita\nRomania\nB941\n(20)\nThe Commission established during this examination that the value of the bicycle parts originating in China constituted more than 60 % of the total value of the parts used in this party's assembly operations, while the party did not demonstrate that value added to the parts brought in during the assembly operation, was greater than 25 % of the manufacturing cost.\n(21)\nConsequently, this party's assembly operations fall within the scope of Article 13(2) of Regulation (EC) No 1225/2009 and the criteria for exemption are not fulfilled.\n(22)\nOn these grounds and pursuant to with Article 7(3) of the exemption Regulation, the Commission has to reject this party's request and lift the suspension of the payment of the extended duty referred to in Article 5 of the exemption Regulation.\n(23)\nConsequently, the extended duty should be collected as from the date of receipt of the request for exemption submitted by this party; that is the date on which the suspension took effect.\n(24)\nThis party was informed of the Commission's conclusions on the merits of its request and was given an opportunity to comment thereon. No comments were submitted within the deadline.\n(25)\nWhat is said in the preceding recitals does not exclude the application of an exemption subject to end-use control in accordance with Article 14 of the exemption Regulation.\n4.\nUPDATE OF REFERENCES TO AN EXEMPTED PARTY\n(26)\nThe exempted party listed in Table 3 came forward and informed the Commission that its legal form and name have changed. The Commission, after having examined the information submitted, concluded that those changes in no way affect the assembly operations with regard to the conditions of exemption set forth in the exemption Regulation.\n(27)\nWhile the exemption of this party from the extended duty authorised pursuant to Article 7(1) of the exemption Regulation remain unaffected, the references to this party should be updated.\nTable 3\nFormer reference\nChange\nTARIC additional code\nS.N.C. Cicli Olympia di Pasquale e Antonio Fontana & C.\nVia Galileo Galilei 12/A, IT-35028 Piove di Sacco (PD), Italy\nThe company name and legal form has been changed to ‘Cicli Olympia S.r.l’\nA167\n5.\nSUSPENSION OF PAYMENTS OF THE DUTIES FOR PARTIES UNDER EXAMINATION\n(28)\nThe examination of the merits of the request from the parties listed in Table 4 is pending. Pending a decision on the merits of their requests from these parties the payment of extended duty by these parties is suspended.\n(29)\nSince the suspensions apply only to the parties specifically referred to in Table 4 with their names and addresses, these parties should notify the Commission forthwith, of any changes to these (for instance following a change in the name, legal form or address or following the setting up of new assembly entities).\n(30)\nIn such case, the party should provide all relevant information, in particular on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.\nTable 4\nName\nAddress\nCountry\nTARIC additional code\nIn Cycles — Montagem e Comércio de Bicicletas Lda\nZona Industrial De Barrô Norte/Sul, N.o 976, Fracçao A/B e D, AP. 52, PT-3750-353 Barrô — Águeda\nPortugal\nB960\nPANEX DINAMIC d.o.o.\nDr.Tome Bratkoviča 1, HR-40000 Čakovec\nCroatia\nB963\nCICLI EUROPA s.r.l.\n34 Via portella Bifuto, IT-93017 San Cataldo (CL)\nItaly\nC001\nOLYMPIQUE SARL\nZA Les Epalits, FR-42610 Saint-Romain-le-Puy\nFrance\nC002\nInterbike Spólka z o.o.\nul. Śląska 6/5, PL-42-200 Częstochowa\nPoland\nC003\nKuisle & Kuisle GmbH\nFüssener Straße 22 a, DE-87675 Stötten\nGermany\nC021\nCycleSport North Ltd\n363 Leach Place, Walton Summit Center, Preston GB-PR5 8AS\nUnited Kingdom\nC049\nFirma Handlowo-Usługowo-Produkcyjna ‘Trans-Rower’ Roman Tylec\nDąbie 47, PL-39-311 Zdziarzec\nPoland\nC053\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 343, 22.12.2009, p. 51."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 16, 18.1.1997, p. 55."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 17, 21.1.1997, p. 17."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 220, 19.7.1997, p. 6, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216, 28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002, p. 2, OJ C 35, 14.2.2003, p. 3, OJ C 43, 22.2.2003, p. 5, OJ C 54, 2.3.2004, p. 2, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006, p. 16 and OJ L 313, 14.11.2006, p. 5, OJ L 81, 20.3.2008, p. 73, OJ C 310, 5.12.2008, p. 19, OJ L 19, 23.1.2009, p. 62, OJ L 314, 1.12.2009, p. 106, OJ L 136, 24.5.2011, p. 99, OJ L 343, 23.12.2011, p. 86, OJ L 119, 23.4.2014, p. 67."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 119, 23.4.2014, p. 67."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ C 299, 5.9.2014, p. 7."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Commission Implementing Regulation (EU) 2015/831 of 28 May 2015 updating the list of parties exempted from the extended anti-dumping duty on certain bicycle parts originating in the People's Republic of China pursuant to Regulation (EC) No 88/97 following the screening initiated by Commission Notice 2014/C 299/08 (OJ L 132, 29.5.2015, p. 32)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "The parties are advised to use the following email address: TRADE-BICYCLE-PARTS@ec.europa.eu"
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "The parties are advised to use the following email address: TRADE-BICYCLE-PARTS@ec.europa.eu"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2015/2362/introduction",
    "retrieved_at": "2026-11-01T15:14:07.859129+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}