# Official Journal L 277/2012

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2012.277.eng |
| --- | --- |
| Official Journal
  of the European Union | L 277 |
| | |
| English edition | Legislation | Volume 5511 October 2012 |

ISSN 1977-0677

doi:10.3000/19770677.L_2012.277.eng

Official Journal

of the European Union

L 277

English edition

Legislation

Volume 5511 October 2012

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 928/2012 of 8 October 2012 entering a name in the register of protected designations of origin and protected geographical indications (Phú Quc (PDO)) | 1 |
| | * | Commission Implementing Regulation (EU) No 929/2012 of 8 October 2012 entering a name in the register of protected designations of origin and protected geographical indications (Jagnięcina podhalańska (PGI)) | 3 |
| | | Commission Implementing Regulation (EU) No 930/2012 of 10 October 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables | 5 |
| | | Commission Implementing Regulation (EU) No 931/2012 of 10 October 2012 fixing an acceptance percentage for the issuing of export licences, rejecting export-licence applications and suspending the lodging of export-licence applications for out-of-quota sugar | 7 |
| | | DECISIONS |
| | | 2012/629/EU |
| | * | Commission Decision of 10 October 2012 amending Decision 2008/577/EC accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia | 8 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) No 928/2012 of 8 October 2012 entering a name in the register of protected designations of origin and protected geographical indications (Phú Quc (PDO))

1

*

Commission Implementing Regulation (EU) No 929/2012 of 8 October 2012 entering a name in the register of protected designations of origin and protected geographical indications (Jagnięcina podhalańska (PGI))

3

Commission Implementing Regulation (EU) No 930/2012 of 10 October 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

5

Commission Implementing Regulation (EU) No 931/2012 of 10 October 2012 fixing an acceptance percentage for the issuing of export licences, rejecting export-licence applications and suspending the lodging of export-licence applications for out-of-quota sugar

7

DECISIONS

2012/629/EU

*

Commission Decision of 10 October 2012 amending Decision 2008/577/EC accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia

8

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

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COMMISSION IMPLEMENTING REGULATION (EU) No 928/2012

of 8 October 2012

entering a name in the register of protected designations of origin and protected geographical indications (Phú Quốc (PDO))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Vietnam’s application to register the name ‘Phú Quốc’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Vietnam’s application to register the name ‘Phú Quốc’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 October 2012.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

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(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 1, 4.1.2012, p. 12.

2

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ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.7.   Fresh fish, molluscs and crustaceans and products derived therefrom

VIETNAM

Phú Quốc (PDO)

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COMMISSION IMPLEMENTING REGULATION (EU) No 929/2012

of 8 October 2012

entering a name in the register of protected designations of origin and protected geographical indications (Jagnięcina podhalańska (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Poland’s application to register the name ‘Jagnięcina podhalańska’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Poland’s application to register the name ‘Jagnięcina podhalańska’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 October 2012.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 11, 13.1.2012, p. 16.

2

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ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1   Fresh meat (and offal)

POLAND

Jagnięcina podhalańska (PGI)

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COMMISSION IMPLEMENTING REGULATION (EU) No 930/2012

of 10 October 2012

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
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(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
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(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 October 2012.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

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(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

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ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 67,7 |
| MK | 53,3 |
| TR | 55,3 |
| ZZ | 58,8 |
| 0707 00 05 | MK | 22,1 |
| TR | 118,9 |
| ZZ | 70,5 |
| 0709 93 10 | TR | 116,8 |
| ZZ | 116,8 |
| 0805 50 10 | AR | 85,1 |
| CL | 108,8 |
| TR | 84,1 |
| UY | 67,5 |
| ZA | 97,2 |
| ZZ | 88,5 |
| 0806 10 10 | BR | 286,7 |
| MK | 23,1 |
| TR | 131,1 |
| ZZ | 147,0 |
| 0808 10 80 | BR | 79,8 |
| CL | 99,9 |
| NZ | 127,0 |
| US | 158,1 |
| ZA | 104,1 |
| ZZ | 113,8 |
| 0808 30 90 | CN | 69,0 |
| TR | 109,5 |
| ZZ | 89,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

67,7

MK

53,3

TR

55,3

ZZ

58,8

0707 00 05

MK

22,1

TR

118,9

ZZ

70,5

0709 93 10

TR

116,8

ZZ

116,8

0805 50 10

AR

85,1

CL

108,8

TR

84,1

UY

67,5

ZA

97,2

ZZ

88,5

0806 10 10

BR

286,7

MK

23,1

TR

131,1

ZZ

147,0

0808 10 80

BR

79,8

CL

99,9

NZ

127,0

US

158,1

ZA

104,1

ZZ

113,8

0808 30 90

CN

69,0

TR

109,5

ZZ

89,3

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(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

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COMMISSION IMPLEMENTING REGULATION (EU) No 931/2012

of 10 October 2012

fixing an acceptance percentage for the issuing of export licences, rejecting export-licence applications and suspending the lodging of export-licence applications for out-of-quota sugar

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 7e in conjunction with Article 9(1) thereof,

Whereas:

| (1) | According to Article 61, first subparagraph, point (d) of Regulation (EC) No 1234/2007 the sugar produced during the marketing year in excess of the quota referred to in Article 56 of that Regulation may be exported only within the quantitative limit fixed by the Commission. |
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(1)

According to Article 61, first subparagraph, point (d) of Regulation (EC) No 1234/2007 the sugar produced during the marketing year in excess of the quota referred to in Article 56 of that Regulation may be exported only within the quantitative limit fixed by the Commission.

| (2) | Commission Implementing Regulation (EU) No 394/2012 of 8 May 2012 fixing the quantitative limit for the exports of out-of-quota sugar and isoglucose until the end of the 2012/2013 marketing year (3) sets the abovementioned limits. |
| --- | --- |

(2)

Commission Implementing Regulation (EU) No 394/2012 of 8 May 2012 fixing the quantitative limit for the exports of out-of-quota sugar and isoglucose until the end of the 2012/2013 marketing year (3) sets the abovementioned limits.

| (3) | The quantities of sugar covered by applications for export licences exceed the quantitative limit fixed by Implementing Regulation (EU) No 394/2012. An acceptance percentage should therefore be set for quantities applied for from 1 to 5 October 2012. All export-licence applications for sugar lodged after 5 October 2012 should accordingly be rejected and the lodging of export-licence applications should be suspended, |
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(3)

The quantities of sugar covered by applications for export licences exceed the quantitative limit fixed by Implementing Regulation (EU) No 394/2012. An acceptance percentage should therefore be set for quantities applied for from 1 to 5 October 2012. All export-licence applications for sugar lodged after 5 October 2012 should accordingly be rejected and the lodging of export-licence applications should be suspended,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Export licences for out-of-quota sugar for which applications were lodged from 1 to 5 October 2012 shall be issued for the quantities applied for, multiplied by an acceptance percentage of 35,073519 %.

2.   Applications for out-of-quota sugar export licences submitted on 8, 9, 10, 11 and 12 October 2012 are hereby rejected.

3.   The lodging of applications for out-of-quota sugar export licences shall be suspended for the period 15 October 2012 to 30 September 2013.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 October 2012.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

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(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 178, 1.7.2006, p. 24.

2

(3)  
  OJ L 123, 9.5.2012, p. 30.

3

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DECISIONS

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COMMISSION DECISION

of 10 October 2012

amending Decision 2008/577/EC accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of ammonium nitrate originating in Russia

(2012/629/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

A.   EXISTING MEASURES

EXISTING MEASURES

| (1) | The Council, by Regulation (EC) No 2022/95 (2), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Following a request for an expiry and interim review, the Council, by Regulation (EC) No 658/2002 (3), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Following a request for another expiry and interim review, the Council, by Regulation (EC) No 661/2008 (4), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. This Regulation was last amended by Council Regulation (EC) No 989/2009 (5). |
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(1)

The Council, by Regulation (EC) No 2022/95 (2), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Following a request for an expiry and interim review, the Council, by Regulation (EC) No 658/2002 (3), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. Following a request for another expiry and interim review, the Council, by Regulation (EC) No 661/2008 (4), imposed a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia. This Regulation was last amended by Council Regulation (EC) No 989/2009 (5).

2

3

4

5

| (2) | The Commission, by Decision 2008/577/EC (6) (‘the Decision’) accepted a price undertaking (‘the undertaking’), inter alia, from the companies Open Joint Stock Company (OJSC) ‘Azot’, Novomoskovsk, Russia, or Open Joint Stock Company (OJSC) ‘Nevinnomyssky Azot’, Nevinnomyssk, Russia, concerning imports of ammonium nitrate produced by these companies and either sold directly to the first independent customer in the Union or sold by Eurochem Trading GmbH, Zug, Switzerland or sold via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, Moscow, Russia and EuroChem Trading GmbH, Zug, Switzerland, (‘the Eurochem Group’) to the first independent customer in the Union. |
| --- | --- |

(2)

The Commission, by Decision 2008/577/EC (6) (‘the Decision’) accepted a price undertaking (‘the undertaking’), inter alia, from the companies Open Joint Stock Company (OJSC) ‘Azot’, Novomoskovsk, Russia, or Open Joint Stock Company (OJSC) ‘Nevinnomyssky Azot’, Nevinnomyssk, Russia, concerning imports of ammonium nitrate produced by these companies and either sold directly to the first independent customer in the Union or sold by Eurochem Trading GmbH, Zug, Switzerland or sold via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, Moscow, Russia and EuroChem Trading GmbH, Zug, Switzerland, (‘the Eurochem Group’) to the first independent customer in the Union.

6

| (3) | By the same Decision, the Commission also accepted an undertaking from a Ukrainian company. Measures on imports of ammonium nitrate originating in Ukraine expired on 17 June 2012 (7), thus the related undertaking also expired on the same day. |
| --- | --- |

(3)

By the same Decision, the Commission also accepted an undertaking from a Ukrainian company. Measures on imports of ammonium nitrate originating in Ukraine expired on 17 June 2012 (7), thus the related undertaking also expired on the same day.

7

| (4) | The undertaking accepted from the Eurochem Group is based on three elements, namely (1) an indexation of the minimum prices in accordance with public international quotations, (2) a quantitative ceiling and (3) a commitment not to sell the products covered by the undertaking to the same customers in the European Union to which they sell other products, with the exception of certain other products for which the Eurochem Group undertook to respect specific price regimes. |
| --- | --- |

(4)

The undertaking accepted from the Eurochem Group is based on three elements, namely (1) an indexation of the minimum prices in accordance with public international quotations, (2) a quantitative ceiling and (3) a commitment not to sell the products covered by the undertaking to the same customers in the European Union to which they sell other products, with the exception of certain other products for which the Eurochem Group undertook to respect specific price regimes.

| (5) | As referred to in recital 14 of the Decision, when accepting the undertaking, the sales structure of the Eurochem Group was such that the Commission considered the risk of circumventing the undertaking as limited. |
| --- | --- |

(5)

As referred to in recital 14 of the Decision, when accepting the undertaking, the sales structure of the Eurochem Group was such that the Commission considered the risk of circumventing the undertaking as limited.

B.   CHANGED CIRCUMSTANCES

CHANGED CIRCUMSTANCES

| (6) | In April 2012, the Eurochem Group informed the Commission of a change in its corporate and sales structure, namely that it had acquired a fertiliser production and sales facility in the European Union which produces and sells not only the products covered but also a variety of other fertiliser products. |
| --- | --- |

(6)

In April 2012, the Eurochem Group informed the Commission of a change in its corporate and sales structure, namely that it had acquired a fertiliser production and sales facility in the European Union which produces and sells not only the products covered but also a variety of other fertiliser products.

| (7) | The Commission analysed the implications of this acquisition and considered that there is a high risk of cross-compensation. Indeed, if Eurochem Group’s recently acquired fertiliser production and sales facility in the European Union sells any of its products to the same customers as the other members of the Eurochem Group, the prices for such transactions could be set in a way to compensate for the Minimum Import Prices subject to the undertaking. Such a compensation would however not be identifiable by monitoring activities since the price structure for the majority of products produced by the recently acquired fertiliser production and sales facility is not subject to any publicly available source, thus it cannot be assessed whether the prices paid by the customers respond to the value of the products or take into account a potential rebate in order to compensate transactions subject to the undertaking for which a Minimum Import Price has to be respected. In other words, the monitoring of the undertaking would become impracticable and unworkable. The Commission informed the Eurochem Group accordingly and announced that it would be inclined to consider the withdrawal of the undertaking. |
| --- | --- |

(7)

The Commission analysed the implications of this acquisition and considered that there is a high risk of cross-compensation. Indeed, if Eurochem Group’s recently acquired fertiliser production and sales facility in the European Union sells any of its products to the same customers as the other members of the Eurochem Group, the prices for such transactions could be set in a way to compensate for the Minimum Import Prices subject to the undertaking. Such a compensation would however not be identifiable by monitoring activities since the price structure for the majority of products produced by the recently acquired fertiliser production and sales facility is not subject to any publicly available source, thus it cannot be assessed whether the prices paid by the customers respond to the value of the products or take into account a potential rebate in order to compensate transactions subject to the undertaking for which a Minimum Import Price has to be respected. In other words, the monitoring of the undertaking would become impracticable and unworkable. The Commission informed the Eurochem Group accordingly and announced that it would be inclined to consider the withdrawal of the undertaking.

| (8) | Subsequently, the Eurochem Group offered not to sell to the same customers products covered by the undertaking which are either of Russian origin or of EU origin. The Eurochem Group would also apply the existing price discipline concerning the sales of other products to those products of EU origin. All sales of Russian and EU origin should also be reported. |
| --- | --- |

(8)

Subsequently, the Eurochem Group offered not to sell to the same customers products covered by the undertaking which are either of Russian origin or of EU origin. The Eurochem Group would also apply the existing price discipline concerning the sales of other products to those products of EU origin. All sales of Russian and EU origin should also be reported.

| (9) | The Commission considers that these commitments cannot alter its initial assessment for the following reasons: (1) products of EU origin cannot be made subject to a price discipline, (2) not all manufactured products of EU origin would be subject to reporting and (3) the monitoring of such an undertaking would be impracticable as stated in recital 7 above. |
| --- | --- |

(9)

The Commission considers that these commitments cannot alter its initial assessment for the following reasons: (1) products of EU origin cannot be made subject to a price discipline, (2) not all manufactured products of EU origin would be subject to reporting and (3) the monitoring of such an undertaking would be impracticable as stated in recital 7 above.

| (10) | Moreover, it cannot be excluded that some of the price quotations (being the basis for the price indexation mechanism) could be influenced by the acquisition of EU-based production and sales facilities. |
| --- | --- |

(10)

Moreover, it cannot be excluded that some of the price quotations (being the basis for the price indexation mechanism) could be influenced by the acquisition of EU-based production and sales facilities.

| (11) | Finally, in July 2012, the Eurochem Group informed the Commission of another change in its corporate structure, namely that one of its members trading the product concerned acquired the control through shares of a distribution group of fertilisers located both in third countries as well as in the EU. This has added to the increased risk of cross-compensation and to the impracticability of the undertaking as explained in recital 7 above. |
| --- | --- |

(11)

Finally, in July 2012, the Eurochem Group informed the Commission of another change in its corporate structure, namely that one of its members trading the product concerned acquired the control through shares of a distribution group of fertilisers located both in third countries as well as in the EU. This has added to the increased risk of cross-compensation and to the impracticability of the undertaking as explained in recital 7 above.

| (12) | Based on the above considerations, the Commission concluded that following the change in corporate and sales structure of the company, there is a high risk of cross-compensation and the undertaking accepted from the Eurochem Group becomes impracticable and therefore should be withdrawn. |
| --- | --- |

(12)

Based on the above considerations, the Commission concluded that following the change in corporate and sales structure of the company, there is a high risk of cross-compensation and the undertaking accepted from the Eurochem Group becomes impracticable and therefore should be withdrawn.

| (13) | The Eurochem Group was informed of the Commission’s conclusions and given an opportunity to comment. |
| --- | --- |

(13)

The Eurochem Group was informed of the Commission’s conclusions and given an opportunity to comment.

C.   WRITTEN SUBMISSIONS

WRITTEN SUBMISSIONS

| (14) | The Eurochem Group was granted the opportunity to be heard and written submissions were also received in which the Eurochem Group offered not to sell the product covered by the undertaking to any customer to whom its recently acquired fertiliser production and sales facility in the EU sells any of its products. The Eurochem Group also explained that the referred fertiliser distribution group constitutes the traditional sales channel of its recently acquired fertiliser production and sales facility in the EU hence it does not create additional cross-compensation risk. In addition, the Eurochem Group claimed the influence over price quotations is theoretical since it would be contrary to its own commercial interest to set a lower selling price for its ammonium nitrate of EU origin in order to reduce the indexed Minimum Import Prices for the ammonium nitrate of Russian origin. |
| --- | --- |

(14)

The Eurochem Group was granted the opportunity to be heard and written submissions were also received in which the Eurochem Group offered not to sell the product covered by the undertaking to any customer to whom its recently acquired fertiliser production and sales facility in the EU sells any of its products. The Eurochem Group also explained that the referred fertiliser distribution group constitutes the traditional sales channel of its recently acquired fertiliser production and sales facility in the EU hence it does not create additional cross-compensation risk. In addition, the Eurochem Group claimed the influence over price quotations is theoretical since it would be contrary to its own commercial interest to set a lower selling price for its ammonium nitrate of EU origin in order to reduce the indexed Minimum Import Prices for the ammonium nitrate of Russian origin.

| (15) | The Commission considers that the revised commitment does not alter the outcome of its initial assessment on the impracticability of the undertaking. Firstly, regardless of the fertiliser group being the traditional sales channel of its recently acquired production and sales facility in the EU, it is still a new sales channel to the Eurochem Group. Therefore, the monitoring of the undertaking would still require to verify all sales made by the Eurochem Group’s fertiliser and sales facility in the EU to ascertain the lack of cross-compensation, thus rendering the monitoring very burdensome. Secondly, the likely influence over price quotations cannot be eliminated since de facto the price quotations used to establish the Minimum Import Prices will be affected by the sales of the recently acquired fertiliser production facility in the EU. |
| --- | --- |

(15)

The Commission considers that the revised commitment does not alter the outcome of its initial assessment on the impracticability of the undertaking. Firstly, regardless of the fertiliser group being the traditional sales channel of its recently acquired production and sales facility in the EU, it is still a new sales channel to the Eurochem Group. Therefore, the monitoring of the undertaking would still require to verify all sales made by the Eurochem Group’s fertiliser and sales facility in the EU to ascertain the lack of cross-compensation, thus rendering the monitoring very burdensome. Secondly, the likely influence over price quotations cannot be eliminated since de facto the price quotations used to establish the Minimum Import Prices will be affected by the sales of the recently acquired fertiliser production facility in the EU.

de facto

D.   AMENDMENT OF DECISION 2008/577/EC

AMENDMENT OF DECISION 2008/577/EC

| (16) | Therefore, in accordance with Article 8(9) of the basic Regulation and also in accordance with the relevant clauses of the undertaking authorising the Commission to unilaterally withdraw the undertaking, the Commission has concluded that the acceptance of the undertaking offered by the Eurochem Group should be withdrawn and Decision 2008/577/EC should be amended. Accordingly, the definitive anti-dumping duty imposed by Articles 1 and 2 of Regulation (EC) No 661/2008 should apply to imports of the product concerned produced by the Eurochem Group (Taric additional code A522), |
| --- | --- |

(16)

Therefore, in accordance with Article 8(9) of the basic Regulation and also in accordance with the relevant clauses of the undertaking authorising the Commission to unilaterally withdraw the undertaking, the Commission has concluded that the acceptance of the undertaking offered by the Eurochem Group should be withdrawn and Decision 2008/577/EC should be amended. Accordingly, the definitive anti-dumping duty imposed by Articles 1 and 2 of Regulation (EC) No 661/2008 should apply to imports of the product concerned produced by the Eurochem Group (Taric additional code A522),

HAS ADOPTED THIS DECISION:

Article 1

Acceptance of the undertaking in relation to the companies Open Joint Stock Company (OJSC) ‘Azot’, Novomoskovsk, Russia, or Open Joint Sstock Company (OJSC) ‘Nevinnomyssky Azot’, Nevinnomyssk, Russia, concerning imports of ammonium nitrate produced by these companies and either sold directly to the first independent customer in the Union or sold by Eurochem Trading GmbH, Zug, Switzerland or sold via Open Joint Stock Company (OJSC) Mineral and Chemical Company ‘Eurochem’, Moscow, Russia and EuroChem Trading GmbH, Zug, Switzerland, (‘the Eurochem Group’) to the first independent customer in the Union (Taric additional code A522) is hereby withdrawn.

Article 2

The table of Article 1 in Decision 2008/577/EC is replaced by the following table:

| ‘Country | Companies | Taric additional code |
| --- | --- | --- |
| Russia | JSC Acron, Veliky Novgorod, Russia and JSC Dorogobuzh, Dorogobuzh, Russia, members of “Acron” Holding Company | A532 ’ |

‘Country

Companies

Taric additional code

Russia

JSC Acron, Veliky Novgorod, Russia and JSC Dorogobuzh, Dorogobuzh, Russia, members of “Acron” Holding Company

A532 ’

Article 3

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 10 October 2012.

For the Commission

The President

José Manuel BARROSO

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(1)  
  OJ L 343, 22.12.2009, p. 51.

1

(2)  
  OJ L 198, 23.8.1995, p. 1.

2

(3)  
  OJ L 102, 18.4.2002, p. 1.

3

(4)  
  OJ L 185, 12.7.2008, p. 1.

4

(5)  
  OJ L 278, 23.10.2009, p. 1.

5

(6)  
  OJ L 185, 12.7.2008, p. 43.

6

(7)  
  OJ C 171, 16.6.2012, p. 25.

7

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