(7)

Between 15 July 2020 and 1 February 2023, the Commission received from the parties listed in Tables 1 and 2 requests for exemption with the information required to determine whether these requests were admissible in accordance with Article 4 of the exemption Regulation.

(8)

The parties requesting exemption were given an opportunity to comment on the Commission’s conclusions concerning the admissibility of their requests.

(9)

The comments received by Decathlon Sp. z o.o. Poland relating to the date of effect of the suspension of payments of the duties for parties under examination were addressed and dismissed in recitals (22) to (27) of Comission Implementing Decision (EU) 2022/1461 of 26 August 2022 (6).

(10)

In accordance with Article 5(1) of the exemption Regulation, pending a decision on the merits of requests from the parties requesting exemption, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by these parties listed in Tables 1 and 2 below was suspended as from the day on which the Commission received their respective duly substantiated requests pursuant to Article 4(1) and (2) of the exemption Regulation.

(11)

The examination of the merits of the request from the party listed in Table 1 has been concluded.

Table 1

(12)

The Commission established during its examination that the value of the parts originating in China constituted less than 60 % of the total value of the parts of all the bicycles assembled by the party listed in Table 1.

(13)

Consequently, the Commission concluded that the assembly operations of the party listed in Table 1 fall outside the scope of Article 13(2) of Regulation (EU) 2016/1036.

(14)

For that reason, and in accordance with Article 7(1) of the exemption Regulation, the party listed in Table 1 fulfilled the conditions for exemption from the extended duty.

(15)

In accordance with Article 7(2) of the exemption Regulation, the exemption should take effect as from the date of receipt of the duly substantiated request pursuant to Article 4(1) and (2) of the exemption Regulation. The customs debts in respect of the extended duty from the party requesting exemption should therefore be considered void from the same date.

(16)

The interested party was informed of the Commission’s conclusions on the merits of its requests and was given an opportunity to comment thereon.

(17)

Since the exemption applies only to the party specifically referred to in Table 1, the exempted party should notify the Commission (7) without delay of any changes to this exemption (for instance, following a change in the name, legal form or address or following the setting up of new assembly entities).

(18)

In case of change in reference, the exempted party should provide relevant information, including on any modification in its activity linked to assembly operations. Where appropriate, the Commission will update the references accordingly.

(19)

The examination of the merits of the requests from the parties listed in Table 2 is ongoing. Pending a decision on the merits of their requests, the payment of the extended duty by these parties is suspended.

(20)

Since the suspensions apply only to the parties specifically referred to in Table 2, these parties should notify the Commission (8) without delay 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).

(21)

In case of change in reference, the party concerned should provide all relevant information, including on any modification in its activities linked to assembly operations. Where appropriate, the Commission will update the references to such party.

Table 2

(22)

Between 28 June 2022 and 10 March 2023, the exempted parties listed in Table 3 notified the Commission of changes in their names and addresses. The Commission, after having examined the information submitted, concluded that those changes do not affect the assembly operations with regard to the conditions of exemption or suspension set forth in the exemption Regulation.

(23)

While the exemption of these parties from the extended duty authorised in accordance with Article 7(1) of the exemption Regulation remains unaffected, the references to these parties should be updated.

Table 3

(24)

On 8 July 2022 the party listed in Table 4 submitted a request for exemption which were found to be inadmissible within the meaning of Article 4(4) of the exemption Regulation, because it did not fulfil the conditions set out in Articles 4(1) and 4(2).

Table 4

(25)

The party listed in Table 4 was informed on the Commission’s conclusions and was given an opportunity to comment thereon. No further comments were received on the Commission’s conclusions.

(26)

On 8 September 2022 the Commission was notified that the exempted party listed in Table 5 wound up and ceased its activities. In particular, on 18 July 2022 the Italian Court established the bankruptcy of Cicli Elios srl.

(27)

As a consequence, the Commission concluded that the exemption authorisation granted to Cicli Elios srl should be revoked as of 18 July 2022, pursuant to Article 10 of the exemption Regulation.

(28)

The party listed in Table 5 was informed of the Commission’s conclusions and was given an opportunity to comment thereon.

(29)

Cicli Elios srl commented by requesting the Commission to reconsider the revocation of its exemption authorisation.

(30)

The Commission, after having duly assessed the request, concluded that no new arguments were brought forward to support a reassessment of the conclusions previously disclosed. Therefore, the revocation of the exemption authorisation was confirmed and the party informed accordingly,

Table 5