Admissibility of requests
Article 4
1
A request shall be admissible where:
a
it contains evidence that the applicant is using essential bicycle parts for the production or assembly of bicycles or bicycle parts in quantities above the threshold set out in Article 14(c) or that the applicant has entered into an irrevocable contractual obligation to do so;
b
it provides prima facie evidence that the applicant’s assembly operations fall outside the scope of Article 13(2) of Council Regulation (EC) No 1225/2009
; and
c
the applicant has not, within the 12 months preceding the request, been refused authorization of exemption pursuant to Article 7(3) or (4), or had an exemption revoked pursuant to Article 10.
2
A reasonable period may be prescribed for the submission of any additional information required for the determination of the admissibility of a request. Where such evidence is not forthcoming within the period specified, the request shall be considered inadmissible.
3
The admissibility of a request which is duly substantiated pursuant to paragraphs 1 and 2 shall normally be determined within 45 days of its receipt. The applicant shall first be given an opportunity to comment on the Commission's conclusions as to the admissibility of the request.
4
Where a request is held inadmissible, it shall be rejected by a Decision in accordance with the procedure referred to in Article 13(4) of Regulation (EC) No 1225/2009.
5
Where a request is held admissible, an examination shall be initiated immediately and the applicant and the Member States shall be notified.
OJ L 343, 22.12.2009, p. 51 .
Substituted by Commission Implementing Regulation (EU) 2020/1296 of 16 September 2020 amending Regulation (EC) No 88/97 on the authorization of the exemption of imports of certain bicycle parts originating in the People's Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93.
Substituted by Commission Regulation (EU) No 512/2013 of 4 June 2013 amending Regulation (EC) No 88/97 on the authorization of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93.