Technical Service updates: ADD, trade, OPSS, batteries, s-pedelec helmets, e-bike & e-cargo reports.

Dear BA members, colleagues,

Summary: Please read on for collated updates from the BA Technical Service on:

1. The anti-dumping reviews
2. Other aspects of international trade
3. The latest from OPSS on future product safety regulation
4. A round-up of news relating to e-bike batteries and fire safety
5. A note for any members selling "speed pedelec" helmets. 
6. Links to and a summary of recent released reports evaluating Government e-bike and e-cargo promotion initiatives. 

(1) Anti-dumping duty (ADD) review update
The Trade Remedies Authority (TRA) has published a number of new documents for the bicycles and parts anti-dumping review - you can view these on the public case file here. They relate to the "sample" - i.e. the selection of companies who will be asked to provide detailed data to inform the investigation. A proposed selection was published a few weeks ago, per my previous email. This latest release of documents now contains comments on the sample proposal, plus a response to these comments from the TRA along with the confirmed final sample selection (which is unchanged from the proposal). The next stage is for the TRA to gather further evidence from those sampled companies. 

Meanwhile we still await any further news on the e-bikes cases. The TRA did confirm in this recent tweet that both the anti-dumping and anti-subsidy aspects are, as we have previously stated, awaiting a Ministerial decision, for which there is no set timescale.  


(2) Other international trade updates

(2a) Single Customs Window delayed
Some members may have been working to modify company IT systems ahead of the "Single Customs Window" - the Government's project to ensure that businesses can use a single digital interface for import, export and transit purposes. The first and so far only active stage was for digital submission of entry summary declarations. Unfortunately, further development has now been paused for this financial year, and it is unclear when it will resume.
   
(2b) Free CPTPP import/export webinar, 13th November 2pm
With the UK's accession to the CPTPP trading bloc imminent, some members may be interested in a free webinar run by the Chartered Institute of Export & International Trade on "How to export to and import from CPTPP countries". It's at 2pm on the 13th November and you can register here.

(2c) Trump tariffs?  
The US election result has focused minds on the incoming USA administration's likely trade policy - pre-election statements suggested a possible 10-20% blanket on imports (and 60% for China!), which could spark something of a trade war. How this may play out for the UK and the cycle sector is very unclear - among the more informed commentary is this Flint Global analysis of possible EU and UK responses. Any BA member with USA commercial interests will of course want to watch developments closely...  

(3) OPSS releases response to Safety Review
The Office for Product Safety And Standards has released an official response to the consultation which took place some years ago about the UK's future product safety regulatory framework. Unfortunately, this response is not all that illuminating about their future intentions, other than mentioning the Product Safety and Metrology Bill and the possible powers this may give to address online marketplaces and what they call "cross-cutting hazards" such as lithium battery safety (and despite this 'cross-cutting' description, e-bike and e-scooter batteries are singled out). But there are no specifics as yet on either subject. We (BA) now meet regularly with OPSS and will share any indication of their intentions as soon as we know more.
 

(4) E-bike batteries round-up

(4a) BA talks battery safety at the All-Party Parliamentary Group

The BA's Peter Eland was among the speakers at a meeting this week on "E-bike battery safety" for the All-Party Parliamentary Group for Walking and Cycling - you can view the full session here on Youtube or there's a summary report here from Cycling Electric. One of the other speakers was the deputy head of the Office for Product Safety and Standards, Sarah Smith, who confirmed that they are looking very closely at the issue of e-bike conversion kits and, of course, at online marketplaces. 

(4b) OPSS "Buy Safe - Be safe" campaign

A Government "Buy safe - be safe" campaign around e-bikes and e-scooters has been launched by the Office for Product Safety and Standards - you can visit the main landing page here. We engaged intensively with OPSS ahead of the launch and while the landing page text is generally good (in directing customers to reputable products), we were unable to persuade them not to use "shock tactics" images of e-bikes in flames for the campaign imagery - which we believe will only reinforce a blanket negative impression of e-bikes. 

(4c) The BA Audit & Register

Many thanks to all who earlier expressed interest in the BA's Register of safety-audited e-bike brands - we have been working intensively on this project and will be reaching out very soon about next steps - please watch this space! 


(5) "S-pedelec" helmets - marketing wording
We've been made aware that a number of suppliers are promoting "speed pedelec" or "s-pedelec" helmets in the UK, for use on type approved, motor vehicle category e-bikes which can be used with motor assistance at up to 45 km/h. In some countries which have special rules for speed pedelecs, helmets which comply with a Dutch standard, NTA 8776, may be used instead of the approved motorbike helmets which would normally be required for mopeds or motorbikes.

But in the UK there is no such road traffic category as a speed pedelec, and hence no exemption from full moped/motorbike helmet requirements, which are detailed here.    

We advise any member selling "speed pedelec" helmets to check which standards these helmets comply with. If it is 'just" NTA 8776 or the bicycle helmet standard EN 1078, then the helmet will not satisfy legal requirements if used on a "speed pedelec" (i.e. moped) in the UK. Only if the helmet also meets BS 6658:1985 (with kitemark) and/or UNECE R22.05 (or the recent update to that, UNECE R22.06) would it satisfy the rider's legal obligations when riding a "speed pedelec" (or other moped/motorbike).

Advertising and packaging must in our view clearly inform customers whether or not these "s-pedelec" helmets are approved for speed pedelec (i.e. moped) use in the UK - we urge members to review labelling and advertising to ensure this is made very clear to customers pre-sale. Not doing so could be an offence under the Road Traffic Act. 


(6) Government reports on e-bike and e-cargo promotion schemes

The Government last week released seven new reports on a number of e-bike promotions schemes which it has funded in recent years, including the e-cargo bike grants scheme programmes and the more recent e-cycle loans scheme. Overall, I am not sure how much new insight is to be gained from these reports, but the one common theme that does come out loud and clear is that without addressing affordability, any e-bike promotion scheme will only have a marginal effect. This is good evidence to back up the call in our UK Cycle Industry Manifesto that a national e-bike purchase incentive scheme is urgently needed to kick-start sales and address the affordability barrier.  

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Please do contact me or my colleague Kristian Rigby with questions or comments on any item above, or if we can assist on any topic around compliance, standards, regulations or international trade - our support is included in your BA membership.