(8)

Between 27 April 2015 and 7 January 2019, the Commission received from the parties listed in Tables 1 and 3 requests for exemption with the information required to determine whether these requests were admissible in accordance with Article 4(1) of Regulation (EC) No 88/97.

(9)

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

(10)

In accordance with Article 5(1) of Regulation (EC) No 88/97, 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 3 below was suspended as from the day on which the Commission received their respective requests.

(11)

The examination of the merits of the requests from the parties 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 CycleSport North Ltd and that the value added to the parts brought in during the assembly operations of Gor Kolesa, proizvodnja koles, d.o.o. was greater than 25 % of the manufacturing costs.

(13)

Consequently, the Commission concluded that the respective assembly operations of CycleSport North Ltd and of Gor Kolesa, proizvodnja koles, d.o.o 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 Regulation (EC) No 88/97, the parties listed in Table 1 above fulfil the conditions for exemption from the extended duty.

(15)

In accordance with Article 7(2) of Regulation (EC) No 88/97, the exemptions should take effect as from the date of receipt of the requests. The customs debts in respect of the extended duty from the parties requesting exemption should therefore be considered void from the same date.

(16)

The parties were informed of the Commission's conclusions on the merits of their requests and were given an opportunity to comment thereon.

(17)

Since the exemptions apply only to the parties specifically referred to in Table 1 above, the exempted parties should notify the Commission (7) 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).

(18)

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

(19)

The exempted or suspended parties listed in Table 2 below notified the Commission, between 17 May 2018 and 6 March 2019, on changes in their references (names, legal forms 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 Regulation (EC) No 88/97.

(20)

While the exemption or the suspension of these parties from the extended duty authorised in accordance with Article 7(1) of Regulation (EC) No 88/97 remains unaffected, the references to these parties should be updated.

Table 2

(21)

The examination of the merits of the requests from the parties listed in Table 3 below is ongoing. Pending a decision on the merits of their requests, the payment of the extended duty by these parties is suspended.

(22)

Since the suspensions apply only to the parties specifically referred to in Table 3 below, 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).

(23)

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

Table 3

(24)

The suspension of payment of the duties for the parties under examination should be lifted for the parties listed in Table 4 below.

Table 4

(25)

Between 31 May 2018 and 18 January 2019 the Commission received from both parties in question a request to withdraw the application for an exemption while the examination of its merits was ongoing and the payment of the extended duty was suspended.

(26)

The Commission accepted the withdrawal and consequently the suspension of the payment of the extended duty should be lifted. The extended duty should be collected as from the date of receipt of the request for exemption submitted by these parties, namely the date on which the suspension took effect (29 September 2016 for Hermann Hartje KG, Germany and 9 June 2017 for Matex International Aquitaine, France).

(27)

The parties were informed of the Commission's conclusions and were given an opportunity to comment thereon. No comments were submitted within the deadline.

(28)

The exempted party listed in Table 5 notified on 22 February 2018 the Commission of the closing down of its activities following bankruptcy as formally stated by the relevant authority on 17 October 2017.

(29)

Consequently, in accordance with the principle of good administration, the authorisation of exemption from the payment of the extended duty should be revoked,

Table 5