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5.6.2013 Official
Journal
of
the
European
Union L
152/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) No 512/2013
of 4 June 2013
amending Regulation (EC) No 88/97 on the authorization 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
THE EUROPEAN COMMISSION,
measure on bicycles to import Chinese bicycle parts free
of antidumping duty, by exempting them from the
measure extended to bicycle parts.
Having regard to the Treaty on the Functioning of the European
Union,
(2) The
legal
framework
for
the
operation
of
the
exemption
scheme was provided for in Commission Regulation (EC)
Having regard to Council Regulation (EC) No 1225/2009 of
No 88/97 ( 5 ) (hereinafter ‘the Amended Regulation’).
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(‘the basic Regulation’), and in particular Article 13(4) thereof,
(3)
Following a review of the extension of the anti-dumping
duty imposed on imports of bicycles originating in the
PRC to imports of certain bicycle parts from the PRC
Having regard to Council Regulation (EU) No 502/2013 of
pursuant to Articles 11(3) and 13(4) of the basic Regu
29 May 2013 amending Implementing Regulation (EU) No
lation, the Council, by Regulation (EC) No 171/2008 ( 6 ),
990/2011 imposing a definitive anti-dumping duty on
decided to maintain the anti-circumvention measures.
imports of bicycles originating in the People’s Republic of
China following an interim review pursuant to Article 11(3)
of Regulation (EC) No 1225/2009 ( 2 ),
(4) Following
an
interim
review
investigation
pursuant
to
Article 11(3) of the basic Regulation, the Council, by
Regulation (EC) No 1095/2005 ( 7 ), decided to increase
Having regard to the extension of the anti-dumping duty on
the anti-dumping duty in force to 48,5 %.
bicycles imposed by Council Regulation (EEC) No 2474/93 ( 3 )
to bicycle parts imposed by Council Regulation (EC) No
71/97 ( 4 ),
(5) By
Notice
published
in
the Official Journal of the European
Union ( 8 ) (‘the Notice’) the European Commission (‘the
Commission’) initiated an interim review of the anti-
After consulting the Advisory Committee,
dumping measures applicable to imports of bicycles orig
inating in the PRC. In point 4.4 of the Notice interested
parties were invited to comment on the functioning and
Whereas:
possible future model of the exemption scheme.
Comments were sought in particular in relation to the
operation and management of the exemption scheme in
(1) By
Regulation
(EC)
No
71/97,
the
Council
extended
the
its current form, including challenges faced by the small
anti-dumping duty imposed by Regulation (EEC) No
and medium-sized enterprises.
2474/93 on imports of bicycles originating in the
People’s Republic of China (‘PRC’) to imports of certain
bicycle parts from that country (‘extended anti-dumping
(6) No
pertinent
comments
have
been
received.
However,
as
duty’). Regulation (EC) No 71/97 also stipulated that an
a consequence of the experience gathered by the
exemption scheme should be established on the basis of
Commission, while applying the exemption scheme, it
Article 13(4) of the basic Regulation (‘the exemption
is considered necessary to introduce some amendments,
scheme’) to enable assemblers not circumventing the
which will facilitate its operation.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 5 ) OJ L 17, 21.1.1997, p. 17.
( 2 ) OJ L 153, 5.6.2013, p. 17.
( 6 ) OJ L 55, 28.2.2008, p. 1.
( 3 ) OJ L 228, 9.9.1993, p. 1.
( 7 ) OJ L 183, 14.7.2005, p. 1.
( 4 ) OJ L 16, 18.1.1997, p. 55.
( 8 ) OJ C 71, 9.3.2012, p. 10.

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L 152/2
EN
Official Journal of the European Union
5.6.2013
(7)
Under the current exemption scheme, the definition of
(12) Furthermore, it is considered appropriate to delete
the investigation period, does not allow for an appro
Article 16(3) since required data can be retrieved from
priate assessment of the quantity and value of Chinese
other sources.
parts used in EU bicycle assembly operations. The rules
in force prescribe that, the investigation period has to be
(13) Finally,
it is proposed
to correct
clerical
errors
and
set at a time prior to the date of suspension of anti-
amend obsolete references in the Amended Regulation.
dumping duties. During this period, applicants usually
import small quantities from the PRC, as quantities
above 299 parts per month would be subject to an
(14) In the interests of legal certainty and the principle of
anti-dumping duty. Consequently, it would appear that
sound administration, it is necessary to provide that the
bicycles assembled during the investigation period
amendments to the Amended Regulation provided for in
comply with the rules set out in Article 13(2) of the
this Regulation are to apply as soon as possible to all
basic Regulation which states that bicycle producers in
new and to all pending investigations.
the Union have to respect a ratio of less than 60 % of
Chinese bicycle parts in their operation or the addition of
(15) Regulation
(EC)
No
88/97
should
therefore
be
amended
more than 25 % value to all parts brought into the
accordingly,
operation (‘60/40 or 25 % value added’ rule).
HAS ADOPTED THIS REGULATION:
Article 1
(8)
It is only after the suspension has been granted that the
companies start to import higher volumes. Yet, under the
Regulation (EC) No 88/97 is hereby amended as follows:
rules currently in force this period cannot be taken into
consideration. Therefore, the underlying aim of the
(1) Article 3(1) is replaced by the following:
scheme ‘to ensure the use of an appropriate proportion
of parts originating in Europe’ cannot be fully achieved.
‘1. Requests
shall
be
made
in
writing
in
one
of
the
official languages of the Union and must be signed by a
person authorised to represent the applicant. The request
must be sent to the following address:
(9) Against
this
background
and
for
reasons
of
legal
certainty, it is considered appropriate to amend the defi
European Commission
nition of the investigation period under Article 6(1) to
Directorate-General for Trade
include also the time after the date of suspension of
Directorate H Trade Defence
payment of the extended anti-dumping duty. Compliance
Rue de la Loi/Wetstraat 200
with the ‘60/40 or 25 % value added’ rule will then be
1049 Bruxelles/Brussel
verified more appropriately for a period during which the
BELGIQUE/BELGI
importer pays no anti-dumping duties, i.e. after the
suspension is granted.
E-mail: TRADE-bicycle-parts@ec.europa.eu’;
(2) Article 4 is amended as follows:
(10) In order to allow an applicant to submit verifiable data of
(a) paragraph 1, points (a) and (b) are replaced by the
its imports of bicycle parts for the period prior to the
following:
suspension pursuant to Article 4(1)(b) of the Amended
Regulation, the reference to irrevocable contractual
‘(a) it contains evidence that the applicant is using
obligation under Article 4(1)(a) is removed.
essential bicycle parts for the production or
assembly of bicycles in quantities above the
threshold set out in Article 14(c);
(11) Furthermore,
the
current
scheme
is
unclear
in
respect
of
(b) it provides prima facie evidence that the appli
imports of bicycle parts used for the assembly of cycles
cant’s assembly operations fall outside the scope
fitted with an auxiliary motor, with or without side-cars,
of Article 13(2) of Council Regulation (EC) No
sometimes referred to as electrical bicycles or pedelecs.
1225/2009 (*); and
Complete electrical bicycles and consequently the parts
for the assembly of electrical bicycles are subject neither
___________
to the anti-dumping duty nor to the extended anti-
(*) OJ L 343, 22.12.2009, p. 51.’;
dumping duty i.e. the assembly operations of electrical
bikes remain outside the scope of Regulation (EC) No
71/97. Therefore, it is considered appropriate to extend
the existing provisions under Article 14 for ‘end use
(b) paragraph 4 is replaced by the following:
control’ of parts intended for the assembly of electrical
bicycles. The ‘end-use-control’ provisions enable national
‘4. Where
a
request
is
held
inadmissible,
it
shall
be
customs authorities to trace the final use of imported
rejected by a Decision in accordance with the
parts, i.e. use for assembly of classical bicycles or elec
procedure referred to in Article 13(4) of Regulation
trical bicycles.
(EC) No 1225/2009.’;

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EN
5.6.2013 Official
Journal
of
the
European
Union L
152/3
(3) Article 5(1) is replaced by the following:
(7) Article 9(1) is replaced by the following:
‘1. As
from
the
date
of
receipt
of
a
request
complying
‘1. The
Commission
may
on
its
own
initiative
review
prima facie with the conditions set out in Article 4(1) and
the situation of an exempted party to verify that its
(2) and pending a decision on its merits pursuant to
assembly operations remain outside the scope of
Articles 6 and 7, payment of the customs debt in
Article 13(2) of Regulation (EC) No 1225/2009.’;
respect of the extended duty pursuant to Article 2(1) of
the Reference Regulation shall be suspended in respect of
(8) Article 10 is replaced by the following:
any imports of essential bicycle parts declared for free
circulation by the party under examination. A period of
‘Article 10
not less than 6 months prior to the receipt of the request
Revocation of an exemption
is normally taken into consideration in order to establish
prima facie compliance with the conditions set out in
An exemption shall be revoked in accordance with the
Article 4(1) and (2).’;
procedure referred to in Article 13(4) of Regulation (EC)
No 1225/2009, after the exempted party has been given
(4) Article 6 is amended as follows:
an opportunity to comment:
— where a review has shown that the exempted party’s
(a) paragraph 1 is replaced by the following:
assembly operations fall within the scope of
Article 13(2) of Regulation (EC) No 1225/2009,
‘1. The
Commission
will
identify
an
investigation
period in order to decide whether to grant an
— in the event of breach of the party’s obligations
exemption which will normally cover a period of 12,
pursuant to Article 8, or
but not less than 6 months as of the date of
suspension of payment of the extended duty on
— in the event of lack of cooperation after the adoption
essential bicycle parts. In conducting its examination,
of the exemption decision.’;
the Commission may request additional information
from the applicant for the examination period and/or
(9) Article 13 is replaced by the following:
carry out on-the-spot verifications.’;
‘Article 13
(b) paragraph 3 is replaced by the following:
Procedural provisions
The relevant provisions of Regulation (EC) No 1225/2009
‘3. The examination of the merits of a request shall
concerning:
normally be concluded within 12 months after the
receipt of all information as referred to in Article 6(1).’;
— the conduct of investigations (Article 6(2), (3), (4)
and (5)),
(5) Article 7 is amended as follows:
— verification visits (Article 16),
(a) paragraph 1 is replaced by the following:
— non-cooperation (Article 18), and
‘1. Where
the
facts
as
finally
ascertained
show
that
— confidentiality (Article 19),
the applicant’s assembly operations do not fall within
the scope of Article 13(2) of Regulation (EC) No
shall apply to examinations pursuant to this Regulation.’;
1225/2009, the applicant’s exemption from the
extended duty shall be authorised in accordance with
the procedure referred to in Article 13(4) of Regulation
(10) Article 14(c) is replaced by the following:
(EC) No 1225/2009.’;
‘(c) on a monthly basis, less than 300 units per type of
essential bicycle parts are either declared for free
(b) paragraph 3 is replaced by the following:
circulation by a party or are delivered to it. The
number of parts declared by or delivered to any
‘3. Where
the
criteria
for
exemption
are
not
party shall be calculated by reference to the number
fulfilled, the request shall be rejected in accordance
of parts declared by or delivered to all parties which
with the procedure referred to in Article 13(4) of
are associated with or have compensatory
Regulation (EC) No 1225/2009 and the suspension
arrangements with that party; or’;
of the payment of the extended duty referred to in
Article 5 shall be lifted.’;
(11) in Article 14 the following subparagraph (d) is added:
‘(d) the essential bicycle parts are for use in the assembly
(6) Article 8(1)(a) is replaced by the following:
of cycles fitted with an auxiliary motor (TARIC
additional code 8835).’;
‘(a) its assembly operations remain outside the scope of
Article 13(2) of Regulation (EC) No 1225/2009;’;
(12) Article 16(3) is deleted.

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L 152/4
EN
Official Journal of the European Union
5.6.2013
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the
European Union and shall apply to all new and to all pending investigations as of its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 June 2013.
For the Commission
The President
José Manuel BARROSO

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