The European Public Prosecutor’s Office (EPPO) has recently conducted searches across multiple countries, signalling a new wave of scrutiny in the e-bike sector. Troublingly, the investigation has even been given a codename, “Pedelecs“, and is framed in media reports as a “European-wide fraud investigation.” While LEVA-EU firmly supports compliance with the law, even when legislation lacks clarity or suitability for the sector, the reality is that businesses are often left navigating regulations that provide no legal certainty.

The Devastating Impact of Legal Uncertainty

Too often, e-bike companies targeted by EPPO and customs authorities are thrust into years-long legal battles that cripple their operations. The absence of clear guidelines means that businesses live under constant threat—unable to expand, subject to unbearable pressure, and facing immense psychological strain. Despite LEVA-EU’s repeated calls to address this issue, the political and media landscape often fails to delve into the complexities, opting instead for oversimplified narratives that misrepresent the industry.

How Can Businesses Safeguard Themselves?

One of the most frequent questions posed to LEVA-EU is how companies can legally import Chinese components into the EU and assemble e-bikes without facing regulatory attacks. Unfortunately, the only surefire way to avoid risk is to refrain from importing Chinese parts altogether—an unrealistic solution given the lack of availability of these components outside China. While some entrepreneurs cite adherence to the 60/40 rule and reliance on specific exemptions, these measures do not provide any protection from legal attacks related to the measures against e-bikes from China. Customs authorities often act based on the General Rule of Interpretation 2A, leaving manufacturers without a clear definition of when parts officially constitute a complete e-bike.

The Path Forward: LEVA-EU’s Call for Regulatory Change

A key step toward resolving this issue is eliminating anti-dumping duties on essential bicycle components. With the European Commission currently reviewing duties on conventional bicycles from China, LEVA-EU has urged them to seize this opportunity to end restrictions that hinder e-bike growth by discontinuing the duties on components. LEVA-EU has no position on the duties on conventional bicycles from China, given they fall outside the association’s scope.

EBMA remains firm in its refusal to allow for lifting anti-circumvention measures on essential bicycle components, maintaining that circumvention is still occurring. However, this position presents a glaring inconsistency: every EPPO case suggests that circumvention may also be happening in the electric bicycle sector. Despite this, EBMA has deliberately chosen not to file a complaint with the Commission to extend anti-dumping and anti-subsidy duties to e-bike parts. Shouldn’t politicians and the media be demanding answers from EBMA on this contradiction? Furthermore, their own members remain burdened by the legal uncertainty imposed by GRI2(a), which continues to loom over them like the sword of Damocles.

Join LEVA-EU: Strengthening the Industry Together

LEVA-EU is dedicated to challenging these legal inconsistencies and ensuring a thriving e-bike industry in Europe. The EU’s Declaration on Cycling promises to support high-quality jobs and world-class industry development, yet current trade measures stand in direct opposition to this vision.

Companies seeking guidance on e-bike assembly regulations or looking to support LEVA-EU’s lobbying efforts to halt unjustified attacks on the sector and to foster the e-bike industry in the EU are encouraged to reach out to us. Together, we can build a more secure and prosperous future for the e-bike industry in Europe.