If your company has imported electric bicycles from China between 4 May and 18 July, then you could potentially be subject to retroactive collection. Even though EBMA has withdrawn its request for registration, the Commission still has the competence to apply retroactive collection of duties. The Commission must annul the registration by a separate measure to stop the process. However, the Commission plans only to consider the request “in the final assessment of this case“. This means that the threat of retroactive collection continues for all companies having imported electric bicycles from China between 4 May and 18 July.
A while ago, two members of the Collective have initiated a lawsuit against the Commission’s decision on registration. This lawsuit has been officially published in the European Official Journal of 24 September. The Collective is continuing this court application against registration, since it is the only solution to offer importers the best possible protection from retroactive collection.
Should the court case prove to be necessary and successful, only companies that have come forward as intervenors will be able to obtain exemption from the retroactive collection of duties. That is why the Collective is giving importers, who may get hit by registration and are not part of the Collective, the opportunity to join the legal initiative by coming forward as intervenors.
LEVA-EU strongly recommends all companies, having imported from China between 4 May and 18 July, to come forward as an intervenor in the lawsuit against the Commission. Companies who wish to join this initiative should immediately contact LEVA-EU Manager, Annick Roetynck, (tel. +32 9 233 60 05 , email [email protected]) for further information on the terms and conditions to become an intervenor. They will need to provide some documents by 29 October.