Answer given by Mr Šefčovič on behalf of the European Commission
27.6.2025
In the case described by the Honourable Member, it appears that the company importing the bicycle parts is not an exempted party, and the parts that it imports are then sent to an exempted company.
Regarding the importation, as the company importing the goods is not an exempted party, it can only import in exemption from the extended duties complying with the requirements for end-use of Article 14 of Regulation (EC) No 88/97[1].
The granting of an end-use authorisation, as well as the control of compliance with the requirements and the end-use procedure, are the responsibility of the customs authorities of the Member States.
Regarding the exempted company, Article 8 of Regulation (EC) No 88/97 requires that where that company receives deliveries of essential bicycle parts which have been exempted from the extended duty pursuant to Article 2, those parts are either used in its assembly operations or assembly of other products, destroyed, re-exported, or resold to another exempted party.
Regarding sales, these parts cannot be resold to non-exempted parties. Any operation not in line with these rules would constitute a breach of the obligations of the exempted party.
- [1] 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, http://data.europa.eu/eli/reg/1997/88/2023-03-21.