BRUSSELS, Oct 4 (Reuters) - The European Commission said
on Friday it would adopt tariffs on China-made electric vehicles
(EVs) by the end of October after a split vote by EU members.
The Commission set tariff rates ranging from from 7.8% for
Tesla to 35.3% for SAIC and other producers deemed not to have
cooperated with the EU's anti-subsidy investigation. These will
be come on top of the EU's standard 10% car import duty.
EU VOTE
The European Union's 27 members voted on the Commission's
proposal for final or "definitive" duties, with 10 in favour,
five against and 12 abstentions.
The proposal could have been blocked by a qualified majority
of 15 EU members, representing 65% of the EU population vote
against. It is a very high hurdle.
The Commission could have chosen to submit an amended
proposal at a later stage to secure greater backing, but decided
not to do so, saying it had secured the necessary support.
Definitive tariffs for five years are expected to be in
force from Oct. 31.
The Commission has decided that provisional duties dating
back to July will not be collected. Companies had been able to
cover these with a bank guarantee.
CONTINUED TALKS WITH BEIJING
The European Commission has said it is willing to continue
negotiating an alternative to tariffs with China even after
tariffs are imposed.
The EU executive said last month it could re-examine a price
undertaking - involving minimum import prices and typically
volume caps - having previously rejected those Chinese companies
have offered.
One option under negotiation is a matrix of minimum import
prices calculated using criteria such as the range, battery
performance and length of the electric vehicle, along with
whether it is two- or four-wheel drive, a source familiar with
the matter said.
The Commission has said any alternative must be in line with
World Trade Organization (WTO) rules, adequate to remove the
injury due to subsidies and enforceable.
CHINESE RETALIATION
In moves seen as retaliation, China has launched
anti-dumping investigations into EU exports of pork and brandy
and an anti-subsidy probe into EU dairy products, but it has yet
to impose any measures.
The EU launched a challenge at the WTO last week into the
dairy probe.
China's Commerce Ministry has also met with automakers and
industry associations to discuss raising import duties on
large-engined gasoline vehicles, which would hit German
producers hardest.
Germany's exports of vehicles with engines of 2.5 litres or
larger to China were worth $1.2 billion last year, Chinese
customs data shows.
WHAT HAPPENS AFTER THE INVESTIGATION?
Any company not in the sample group of BYD,
Geely and SAIC that wishes to have its
own individual duty can ask for an "accelerated review" just
after the imposition of definitive measures. Such a review
should last a maximum of nine months.
The Commission can also carry out an "interim review" after
a year has elapsed if the measures are no longer necessary or if
they are not sufficient to counteract subsidies.
The Commission often looks into whether producers are
evading duties via exports of parts for assembly elsewhere. For
the EU, such circumvention exists if 60% or more of the value of
parts are imported from the country subject to duties and if the
value added in the assembly is no more than 25%.
Companies can dispute the measures at the European Court of
Justice. China has already launched a challenge at the WTO. Both
legal paths can take well over a year.
The Commission has said it is confident its investigation
and measures are compatible with WTO rules.