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Document 02024R2754-20260211

Consolidated text: Commission Implementing Regulation (EU) 2024/2754 of 29 October 2024 imposing a definitive countervailing duty on imports of new battery electric vehicles designed for the transport of persons originating in the People’s Republic of China

ELI: http://data.europa.eu/eli/reg_impl/2024/2754/2026-02-11

02024R2754 — EN — 11.02.2026 — 001.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

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COMMISSION IMPLEMENTING REGULATION (EU) 2024/2754

of 29 October 2024

imposing a definitive countervailing duty on imports of new battery electric vehicles designed for the transport of persons originating in the People’s Republic of China

(OJ L 2754 29.10.2024, p. 1)

Amended by:

 

 

Official Journal

  No

page

date

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COMMISSION IMPLEMENTING REGULATION (EU) 2026/330 of 9 February 2026

  L 330

1

10.2.2026




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COMMISSION IMPLEMENTING REGULATION (EU) 2024/2754

of 29 October 2024

imposing a definitive countervailing duty on imports of new battery electric vehicles designed for the transport of persons originating in the People’s Republic of China



Article 1

1.  
A definitive countervailing duty is imposed on imports of new battery electric vehicles, principally designed for the transport of nine or less persons, including the driver, excluding L category vehicles according to Regulation (EU) No 168/2013 and motorcycles, propelled (regardless of the number of wheels set in motion) solely by one or more electric motors, including those with an internal combustion range extender (an auxiliary power unit), currently falling under CN code ex 8703 80 10 (TARIC code 8703 80 10 10 ) and originating in the People’s Republic of China.
2.  

The rates of the definitive countervailing duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:



Company

Definitive countervailing duty

Definitive TARIC additional code

BYD Group:

17,0  %

 

BYD Auto Company Limited

89HH

BYD Auto Industry Company Limited

89HI

Changsha BYD Auto Company Limited

89HJ

Changsha Xingchao Auto Company Limited

89HK

Changzhou BYD Auto Company Limited

89HL

Fuzhou BYD Industrial Company Limited

89HM

Hefei BYD Auto Company Limited

89HN

Jinan BYD Auto Company Limited

89HO

Geely Group:

18,8  %

 

Asia Euro Automobile Manufacture (Taizhou) Company Limited

89HP

Chongqing Lifan Passenger Vehicle Co., Ltd.

89HQ

Fengsheng Automobile (Jiangsu) Co., Ltd.

89HR

Shanxi New Energy Automobile Industry Co., Ltd.

89HS

Zhejiang Geely Automobile Company Limited

89HT

Zhejiang Haoqing Automobile Manufacturing Company Limited

89HU

Zhongjia Automobile Manufacturing (Chengdu) Co., Ltd.

89HV

SAIC Group:

35,3  %

 

SAIC MAXUS Automotive Company Limited

89HW

SAIC Motor Corporation Limited

89HX

Nanjing Automobile (Group) Corporation

89HY

SAIC Volkswagen Automotive Co., Ltd.

89HZ

SAIC GM Wuling Automobile Co., Ltd.

89IA

SAIC General Motors Co., Ltd.

89IB

Tesla (Shanghai) Co., Ltd

7,8  %

89BZ

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Other cooperating companies (Annex I)

20,7 %

 

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All other companies

35,3  %

8999

3.  
The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of new battery electric vehicles sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.
4.  
Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

The amounts secured by way of the provisional countervailing duties pursuant to Implementing Regulation (EU) 2024/1866 shall be definitively released.

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Article 2a

1.  
Imports declared for release into free circulation shall be exempt from the countervailing duty imposed by Article 1, provided that they are manufactured, shipped and invoiced by a company from which an undertaking is accepted by the Commission and whose name is listed in Commission Implementing Decision (EU) 2026/328, and have been imported in conformity with the provisions of the same Implementing Decision.
2.  

The imports mentioned in paragraph 1 shall be exempt from the countervailing duty on condition that:

(a) 

for such imports, an undertaking declaration is presented to customs, containing at least the elements stipulated in Annex II to this Regulation; and

(b) 

the goods declared and presented to customs correspond precisely to the description on both the undertaking declaration and the commercial invoice relating to the import consignment declared for release into free circulation.

A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:

(a) 

whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph and paragraph 2 are not fulfilled; or

(b) 

when the Commission withdraws its acceptance of the undertaking pursuant to Article 13(9) of Regulation (EU) 2016/1037 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.

Article 2b

A company from which an undertaking is accepted by the Commission and whose name is listed in Implementing Decision (EU) 2026/328 and subject to certain conditions specified therein, will also issue an invoice for transactions which are not exempted from the countervailing duty. This invoice is a commercial invoice containing at least the elements stipulated in Annex III to this Regulation.

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Article 3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.




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ANNEX I

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COOPERATING CHINESE EXPORTING PRODUCERS NOT SAMPLED



Cooperating exporting producers

Related producers

Definitive

TARIC additional code

Aiways Automobile Co., Ltd.

Aiways Automobile Co., Ltd.

89FW

Jiangxi Yiwei Automobile Manufacturing Co., Ltd.

89FX

Anhui Jianghuai Automobile Group Corp., Ltd.

Anhui Jianghuai Automobile Group Co., Ltd.

89FY

Volkswagen (Anhui) Automotive Co., Ltd

89FZ

BMW Brilliance Automotive Ltd.

BMW Brilliance Automotive Ltd.

89GA

Brilliance Xinri New Energy Automobile Co., Ltd.

89GB

Spotlight Automotive Ltd.

89GC

Chery Automobile Co., Ltd.

Chery Automobile Co., Ltd.

89GD

Chery New Energy Automobile Co., Ltd

89GE

China FAW Corporation Limited

Audi FAW NEV Co., Ltd.

89GF

Changan Mazda Automobile Corporation Ltd.

89GG

China FAW Corporation Limited

89GH

FAW Toyota Motor Co., Ltd.

89GI

FAW-Volkswagen Automotive Co., Ltd

89GJ

Jiangsu Guoxin New Energy Passenger Car Co., Ltd.

89GK

Chongqing Changan Automobile Company Limited

Chongqing Changan Automobile Company Limited

89GL

Chongqing Lingyao Automobile Co., Ltd.

89GM

Hefei Chang ‘an Automobile Co., Ltd.

89GN

Nanjing Chang ‘an Automobile Co., Ltd.

89GO

Dongfeng Motor Group Co., Ltd.

Seres Auto (Hubei) Co., Ltd.

89GP

Dongfeng Honda Automobile Co., Ltd.

89GQ

Dongfeng Liuzhou Motor Co., Ltd.

89GR

Dongfeng Motor Company Ltd.

89GS

Dongfeng Motor Group Co., Ltd.

89GT

Dongfeng Peugeot Citroen Automobile Company Ltd.

89GU

eGT New Energy Automotive Co., Ltd.

89GV

Seres Auto Co., Ltd.

89GW

Voyah Automobile Technology Co., Ltd.

89GX

Great Wall Motor Company Limited

Great Wall Motor Company Limited Taizhou Branch

89GY

Hebei Changzheng Automobile Manufacturing Co. LTD

89GZ

Rizhao Weipai Automobile Co., Ltd.

89HA

Leapmotor Automobile Co., Ltd.

Leapmotor Automobile Co., Ltd.

89BW

Nanjing Golden Dragon Bus Co., Ltd.

Nanjing Golden Dragon Bus Co., Ltd.

89BX

NIO Holding Co., Ltd.

NIO (Anhui) Co., Ltd.

89HB

NIO Co., Ltd.

89HC

NIO Technology (Anhui) Co., Ltd.

89HD

XPeng Inc.

XPeng Inc.

89HE

Zhaoqing Xiaopeng New Energy Investment Co., Ltd.

89HF

Zhaoqing Xiaopeng New Energy Investment Co., Ltd. Guangzhou Branch

89HG

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ANNEX II

The following elements shall be indicated in the Undertaking Declaration covering the Company's sales to the European Union of goods which are subject to the Undertaking:

(1) 

The heading ‘UNDERTAKING DECLARATION COVERING GOODS SUBJECT TO AN UNDERTAKING’;

(2) 

The name of the Company issuing the Undertaking Declaration;

(3) 

The Commercial Invoice number to which the Undertaking Declaration is related;

(4) 

The date of issue of the Commercial Invoice to which the Undertaking Declaration is related;

(5) 

The TARIC additional code under which the goods covered by the Undertaking Declaration are to be customs-cleared at the European Union frontier (as specified in the Regulation imposing the definitive countervailing duty);

(6) 

The exact plain language description of the goods and:

— 
TARIC code,
— 
quantity (to be given in units expressed in number of vehicles);
(7) 

Name of the Company acting as an importer to which the invoice is issued directly by the Company;

(8) 

The name of the official of the Company that has issued the Undertaking Declaration and the following signed declaration:

‘I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this Undertaking Declaration is being made within the scope and under the terms of the Undertaking offered by [Company], and accepted by the European Commission through [Regulation] [Decision]. I declare that the information provided on this Undertaking Declaration is complete and correct.’.

Moreover, the Undertaking Declaration shall be accompanied by the relevant consignment tracking request details as issued under the TRON platform by DG TRADE AND ECONOMIC SECURITY of the European Commission.




ANNEX III

The following elements shall be indicated in the Commercial Invoice accompanying the Company’s sales to the European Union of goods, which are subject to the countervailing duties:

(1) 

The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO COUNTERVAILING DUTIES’;

(2) 

The name of the Company issuing the Commercial Invoice and the name of the Company manufacturing the goods;

(3) 

The Commercial Invoice number;

(4) 

The date of issue of the Commercial Invoice;

(5) 

The TARIC additional code under which the goods on the invoice are to be customs-cleared at the European Union frontier;

(6) 

The exact plain language description of the goods and:

— 
technical specifications of the company product code number (CPC),
— 
the company product code number (CPC),
— 
TARIC code,
— 
quantity (to be given in units expressed in number of vehicles);
(7) 

The description of the terms of the sale, including:

— 
total price,
— 
the applicable payment terms,
— 
the applicable delivery terms,
— 
total discounts and rebates;
(8) 

The name and signature of the official of the Company that has issued the Commercial Invoice.

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