Proposal for a COUNCIL REGULATION ( EEC ) amending Council Regulation ( EEC ) No. 450/89 of 20.02.1989 adjusting the definitive anti­dumping duty on imports of urea originating in Saudi Arabia laid down by Council Regulation ( EEC ) No. 3339/87
Date: 1991-11-05
Institutions: European Commission
Subjects: Saudi Arabia, anti-dumping duty, fertiliser, import

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 436 final 

Brussels,  5  November  1991 

Proposal  for a 

rr^MfMI  REGULATION  (EEC) 

IsSI 
H 

amending Council  Regulation  (EEC) No. 450/80 of 20.02.1080 

adjusting  the definitive anti-dumping  duty on  Imports of urea 

originating  In Saudi  Arabia  laid down by 

Council  Regulation  (EEC) No. 3330/87 

(presented by  the Commission) 

4 

Explanatory  Memorandum 

Given  that  Article  1 of Council  Regulation  (EEC) no. 3339/87 was 

declared  void  by  the  Judgement  of  the Court  of  Justice of  27 June  1991 

in Case No. C-49/88  In as far  as  it  Imposed  an ant I-dumping duty on 

the Saudi  Arabian  applicants,  it  Is appropriate to repeal  the  adjusted 

anti-dumping  duty  Imposed  by Council  Regulation  (EEC) no. 450/89 on 

Imports of urea originating  in Saudi  Arabia. 

2> 

Proposal  for a 

Council  Regulation  (EEC) No.  .../.. of 

amending Council  Regulation  (EEC) No. 450/89 of  20.02.1989 

adjusting  the definitive ant I-dumping duty on  Imports of urea 

originating  In Saudi  Arabia  laid down by 

Council  Regulation  (EEC) No. 3339/87 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES 

Having  regard  to the Treaty establishing  the European Economic  Community, 

Having  regard  to Council  Regulation  (EEC) No. 2423/88 of  11 July  1988 on 

protection  against  dumped or subsidized  imports from countries not 

members of  the European Economic Commun Ity<1), 

Having  regard  to the proposal  from  the Commission, submitted  after 

consultations within  the Advisory Committee  as provided  for by the above 

Regulation, 

WHEREAS: 

By Council  Regulation  (EEC) No. 3339/87 of 4 November  1987*2) an anti 

dumping  duty of 40% was  Imposed on  Imports of urea originating  in Saudi 

Arabia, 

By Council  Regulation  (EEC) No. 450/89 of  20 February  1989<3>  the amount 

of  this antl-dumplng  duty was, after  a partial  review,  reduced  to 12.8%, 

(1) 0. J. No. L 209 of  2.08.1988, p. 1 
(2) 0. J. No. L 317 of 7.11.1987, p. 1 
(3) 0. J. No. L 52 of  24.02.1989, p. 1 

7 

Article 1 of Council  Regulation  (EEC) No. 3339/87 was declared  void by 

the  judgement of  the Court  of Justice of 27 June 1991  In case no. C-49/88 

in as far as  it  Imposed  an ant I-dumping duty on  the Saudi  Arabian 

applI cants. 

In these circumstances,  It  Is considered  appropriate to repeal  the 

ant I-dumping duty  Imposed  by Council  Regulation  (EEC) No. 450/89 on 

Imports of urea originating  In Saudi  Arabia, given  that  the facts having 

led to the adoption of Regulation No. 3339/87, which was  the subject of 

the Court's decision  above, were,  In essence, not  reviewed  during the 

Investigation  leading  to the adoption of Regulation  (EEC) No. 450/89.  In 

addition,  It  Is considered  appropriate to take account  of  the fact  that, 

since  the original  Investigation, the  Imports concerned  Into the 

Community  were  Insignificant, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The ant I-dumping duty  Imposed on  Imports of urea originating  In Saudi 

Arabia by Council  Regulation  (EEC) No. 450/89 of 20 February  1989 Is 

repealed. 

Article 2 

This regulation shall  enter  Into force on  the day following  Its 

publication  In the Official  Journal  of  the European Communities.  It 

shall  apply as from 25.02.1989. 

This  regulation  shall  be binding  Is  its entirety  and  directly  applicable 

in all Member  States. 

Done at Brussels, 

For  the Council 

s: 

BSN 0254-1475 

COM(91) 436  final 

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