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Swiss Chinese Law Association — Geneva

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Legal Observatory / Trade and Customs

Legal Update Cross-Border Status unclear

MOFCOM Comments on China-EU Understandings Regarding Hybrid Vehicles and BEVs

MOFCOM issued remarks announcing China-EU understandings on hybrid vehicle trade arrangements and BEV anti-subsidy price undertaking procedures under the Trade and Investment Consultations.

What Changed

  • Established three principles (respect for facts, non-discrimination, and WTO compliance) for hybrid vehicle trade arrangements with upward export quota adjustments based on 2025 data.
  • Confirmed non-discriminatory treatment ensuring China's hybrid vehicle import quota into the EU will not be lower than any other source.
  • Announced the continuation of EU procedures regarding corporate price undertakings in the BEV anti-subsidy case following a soft landing in January.

Automotive manufacturers and trade stakeholders operating across mainland China and the European Union face updated regulatory expectations following bilateral discussions under the China-EU Trade and Investment Consultations (TIC). A spokesperson for China's Ministry of Commerce (MOFCOM) provided official remarks detailing deliverables and understandings reached regarding trade in hybrid vehicles and battery electric vehicles (BEVs).

For hybrid vehicles, the two sides established three underlying principles:

1. Respect for facts: According to Eurostat data cited by MOFCOM, EU imports of hybrid vehicles from China totaled 107,000 units in 2024 and 302,000 units in 2025. The parties agreed on an upward arrangement allowing for upward adjustment based on 2025 figures, securing room for export growth for Chinese enterprises while addressing industry concerns.

2. Non-discrimination: No regulatory or trade measure will specifically target Chinese products or discriminate against Chinese enterprises. Furthermore, any quota granted to China will not be lower than the quota provided to any other import source into the EU.

3. Compliance: The trade arrangement must comply with World Trade Organization (WTO) rules. China explicitly reserves all rights under the WTO framework, including resort to dispute settlement and seeking trade compensation.

Regarding BEVs, MOFCOM noted that China and the EU achieved a soft landing in the anti-subsidy case in January, with the EU issuing a guidance document on price undertakings. The EU will proceed with procedures related to corporate price undertakings in the BEV anti-subsidy case, along with other associated review procedures.

These understandings aim to provide a stable, predictable, and sustainable trade environment on the basis of reciprocity and mutual benefit, avoiding further escalation of bilateral trade tensions.

Who May Be Affected

Automotive manufacturers, vehicle exporters in mainland China, vehicle importers in the European Union, and trade policy practitioners.

Cross-Border Context

Bilateral automotive trade consultations between mainland China and the European Union governed under bilateral dialogue and WTO frameworks.

What to check next

  • Monitor EU official guidance documents on corporate price undertakings in the BEV anti-subsidy case.
  • Track EU regulatory implementations regarding hybrid vehicle quotas and Eurostat import data.

This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.

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