EU implements regulations on imported Chinese electric bicycle parts
In order to provide European electric bicycle assemblers with more legal certainty, the European Commission has revised its anti-circumvention regulations on imported parts and components from China. According to the new regulations 2020/1296 published in the official gazette, the European Commission makes it possible for assemblers based in Europe to import electric bicycles and bicycle parts to produce their electric bicycles, and obtain an exemption or application.
The European Bicycle Manufacturers Association (EBMA) and the European Light Electric Vehicle Association (LEVA-EU) both welcomed the new regulations. However, LEVA-EU still has reservations about the new regulations.
Exclusive electric bicycle assembler
Anti-dumping duties have been imposed on electric bicycles made in China for one and a half years, and a large amount of production has been transferred to Taiwan and Europe. Companies that did not assemble conventional bicycles and started producing electric bicycles until January 2019 imported necessary electric bicycle parts from China, but these parts are exempt from conventional bicycle parts. Existing regulations do not clarify whether this is a legal method. The new regulations 2020/1296 should eliminate this uncertainty.
EBMA Secretary-General Moreno Fioravanti said: “In the old EU Regulation 71/97, it was not properly stated that bicycle parts purchased from manufacturers exempted from China could also be used for electric power in Europe. Bicycle production. The new regulations are very clear. Another important part of the new regulations is that European companies that specialize in assembling electric bicycles can also apply for exemptions like bicycle manufacturers."
"We are also very pleased to see that electric bicycle parts for warranty and after-sales services have now been arranged. Manufacturers who are exempt from providing parts and components to European assemblers can also provide a reasonable number of parts for warranty and after-sales services. "
The prelude to the anti-evasion of electric bicycle components?
According to LEVE-EU, the new legal text seems to discriminate against companies that only assemble electric bicycles. LEVA-EU wrote in its newsletter: "This exemption for "other products" only applies to traditional bicycle manufacturers that assemble electric bicycles." Article 1 Paragraph 4 of Regulation No. 88/97 defines "assembly operations" as "operations introduced to assemble or complete the main components of bicycles." Bicycles. If the Commission adds electric bicycles to this indentation, they will simplify The life of an electric bicycle assembler."
Shortly after implementing anti-dumping and countervailing measures on electric bicycles imported from China in January 2019, LEVA-EU has pointed out the expected difficulties in importing electric bicycle components.
LEVA-EU continued: “To say the least, the end result of all this is surreal. European electric bicycle manufacturers must obtain the final use authorization by proving that they do not produce traditional bicycles. The fact that he has no exemption proves itself. He does not produce traditional bicycles. If he can produce conventional bicycles, he will be exempted, which is easier than the final use authorization, and this gives him a double benefit: enjoy exemptions for conventional bicycles and electric bicycles.
For LEVA-EU, all this is a question, why the committee chose to solve this problem in this way. "Will this be a prelude to the anti-evasion of electric bicycle components? In this case, will the exemption based on Regulation 88/97 be further extended to important components of electric bicycles?", the organization publicly questioned. "We are currently seeking legal advice on potential discrimination caused by Regulation 2020/1296."
Although LEVA-EU praised the fact that certain producers now have legal certainty, the industry association found that it is unacceptable that not all companies are treated equally.