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(Luxembourg, 19 April 2024) – Last week, one individual and two companies were found guilty of evading customs duties on the importation of electric bicycles (e-bikes) from China, following a case investigated and prosecuted by the European Public Prosecutor’s Office (EPPO) in Brussels (Belgium).
The e-bikes were imported into the EU by a French company via the port of Antwerp, using a company that fulfilled the customs formalities in Belgium. The investigation showed that whole e-bikes were deliberately imported in separate parts, to avoid the payment of anti-dumping duties due on the importation of fully assembled e-bikes. The e-bikes were then assembled in France by the French importer.
The French importer and its manager, as well as the Belgian company that fulfilled the customs formalities, were found guilty of presenting incorrect customs declarations, in order to evade anti-dumping and countervailing duties.
In its judgment, rendered on 11 April 2024, the Correctional Chamber of the Court of First Instance in Antwerp convicted the manager of the French company importing the e-bikes via Belgium to a prison sentence of 12 months, suspended for a probation period of 5 years. The court also found guilty the French company importing the e-bikes and the Belgian company that fulfilled the customs formalities.
The three defendants were each sentenced to a fine of over €15.5 million, suspended during a three-year probation period, except for a part that has to be paid effectively: the French company will have to pay €1 million, its manager €500 000 and the Belgian customs representative €150 000.
In addition, the defendants were also ordered to pay the value of the imported goods (approximately €4.4 million), as well as the taxes and duties evaded, amounting to a total of €3.1 million.
A French company that fulfilled the customs formalities in France was acquitted, as the court decided it merely served as a mailbox for the customs declarations.
The facts that led to this investigation were brought to the attention of the EPPO by Belgium’s General Administration of Customs and Excise (AAD&A – AGD&A) and by the European Anti-Fraud Office (OLAF).
The EPPO is the independent public prosecution office of the European Union. It is responsible for investigating, prosecuting and bringing to judgment crimes against the financial interests of the EU.