Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 92/2002 imposing a definitive anti-dumping duty on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania, and the Ukraine

(presented by the Commission)

EXPLANATORY MEMORANDUM

By Regulation Nº 92/2002 of 17 January 2002, the Council imposed definitive anti-dumping duties on imports of urea originating in Lithuania and seven other countries, with the exception of Bulgaria which offered an undertaking.

Following several meetings between the Joint Stock Company Achema in Lithuania and the Commission services an acceptable undertaking offer was received prior to the publication of the definitive findings.

Since it was administratively impossible to include the acceptance of the undertaking in the definitive Regulation, it is proposed to modify the form of the measures by an amendment to Council Regulation (EC) Nº 92/2002.

Member States were consulted. Thirteen were in favour of the Commission's proposal and two against.

It is therefore proposed that the Commission adopt the attached draft Decision accepting the undertaking and the proposal for Council Regulation amending Council Regulation (EC) Nº 92/2002 and publish them as soon as possible in the Official Journal of the European Communities.

Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 92/2002 imposing a definitive anti-dumping duty on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania, and the Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/1996 [1] of 22 December 1995 on protection against dumped imports from countries not members of the European Community, and in particular Articles 8 and 9 thereof,

[1] OJ L 56, 6.3.1996, p.1, as last amended by Council Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2)

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee [2],

[2] OJ C [...], [...], p. [...]

Whereas:

A. PROCEDURE

1. The Council, by Regulation (EC) Nº 92/2002 [3], imposed definitive anti-dumping duties on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania, and the Ukraine and exempted a Bulgarian exporting producer from the said duties as an undertaking had been accepted by the Commission from the company concerned.

[3] OJ L 17, 19.1.2002, p.1

2. Joint Stock Company Achema, in connection with the anti-dumping proceeding concerning imports of urea originating, inter alia, in Lithuania offered an acceptable undertaking prior to the publication of the definitive findings but at a stage when it was administratively impossible to include its acceptance in the definitive Regulation.

3. The Commission, by Decision XXXX, accepted the undertaking offer by Joint Stock Company Achema. The reasons for accepting this undertaking are set out in this Decision. The Council recognises that the revisions introduced to the undertaking offer eliminate the injurious effect of dumping and seriously limit any risk of circumvention in the form of cross-compensation with other products.

4. In view of the acceptance of the undertaking offer it is necessary to amend Council Regulation (EC) 92/2002 accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1(2) of Regulation (EC) No 92/2002, the row concerning Lithuania is replaced as follows:

>TABLE POSITION>

Article 2

In Council Regulation (EC) No 92/2002, the table in Article 2(1) is replaced by the following:

>TABLE POSITION>

Article 3

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

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

Done at Brussels,

For the Council

The President