2004/497/EC:Commission Decision of 17 May 2004 repealing Commission Decision No 303/96/ECSC accepting an undertaking offered in connection with imports into the Community of certain grain-oriented electrical sheets originating in Russia
Date: 2004-05-17
Institutions: European Commission
Subjects: ECSC individual Decision, Russia, anti-dumping duty, import, originating product, repeal, sheet

L 183/86

EN

Official Journal of the European Union

20.5.2004

COMMISSION

COMMISSION DECISION

of 17 May 2004

repealing Commission Decision No 303/96/ECSC accepting an undertaking offered in connection
with imports into the Community of certain grain-oriented electrical sheets originating in Russia

(2004/497/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
(‘the
countries not members of the European Community (1)
basic Regulation’), and in particular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PREVIOUS PROCEDURE

On 19 February 1996, the Commission, by Decision No
303/96/ECSC (2),
imposed a single country-wide defi-
nitive anti-dumping duty on imports of certain grain-
oriented electrical sheets (‘GOES’), originating in Russia.
By the same Decision,
the Commission accepted an
undertaking combining a quantitative limitation and a
pricing commitment offered by the Russian authorities
in conjunction with the Russian exporters of GOES.

Further to a request lodged by the European Confed-
eration of Iron and Steel Industries (‘Eurofer’) on behalf
of the Community industry of GOES, the Commission
initiated an expiry review in accordance with Article 11
(2) of Commission Decision No 2277/96/ECSC (3) (‘the
basic Decision’). At the same time, the Commission also
an investigation in
initiated on its own initiative
accordance with Article 11(3) of the basic Decision in
order to examine the appropriateness of the form of the
measures (4).

(4)

(5)

(6)

the expiry of

In view of
the Treaty establishing the
European Coal and Steel Community on 23 July 2002,
the Council, by Regulation (EC) No 963/2002 (5), decided
that anti-dumping proceedings initiated pursuant to the
basic Decision and still in force shall be continued and be
governed by the basic Regulation with effect from 24
anti-dumping measures
July 2002.
any
resulting
investigations
shall be governed by the provisions of the basic Regu-
lation from 24 July 2002.

Likewise,
from pending

anti-dumping

Further to a request by two exporting producers of GOES
in Russia, namely OOO VIZ — STAL, (‘VIZ-STAL’) and
Novolipetsk Iron and Steel Corporation (‘NLMK’),
the
Commission initiated in August 2002 an investigation
pursuant to Article 11(3) of the basic Regulation, with
respect to VIZ STAL (6) and subsequently,
in October
2002, an investigation pursuant to Article 11(3) of the
basic Regulation with respect to NLMK (7). Both reviews
were limited in scope to the examination of dumping.

As a result of the expiry review mentioned in recital 2,
in January 2003, by Regulation (EC) No
the Council,
151/2003 (8)
anti-dumping
confirmed the definitive
duty imposed by Decision No 303/96/ECSC. However,
the interim review limited to the form of the measures
remained open at the conclusion of the expiry review.

In both reviews mentioned in recital 4, the aspects of
dumping had to be investigated, which could eventually
affect the level of the measures subject to the ex officio
review, mentioned in recital 2, limited to the form of the
measure. Furthermore, the three reviews concerned the
same anti-dumping measure. It was therefore considered
appropriate,
to
conclude the three interim reviews together in order to
the eventually changed
be able to take into account

reasons of sound administration,

for

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 42, 20.2.1996, p. 7.
(3) OJ L 308, 29.11.1996, p. 11. Decision as last amended by Decision

No 435/2001/ECSC (OJ L 63, 3.3.2001, p. 14).

(4) OJ C 53, 20.2.2001, p. 13.

(5) OJ L 149, 7.6.2002, p. 3. Regulation as amended by Regulation (EC)

No 1310/2002 (OJ L 192, 20.7.2002, p. 9).

(6) OJ C 186, 6.8.2002, p. 15.
(7) OJ C 242, 8.10.2002, p. 16.
(8) OJ L 25, 31.1.2003, p. 7.

20.5.2004

EN

Official Journal of the European Union

L 183/87

(7)

(8)

(9)

economic circumstances of
concerned.

the exporting producers

B. WITHDRAWAL OF THE ACCEPTANCE OF

AN UNDERTAKING

The Council, by Regulation (EC) No 990/2004 (1),
concluded all three abovementioned reviews.

As set out in recitals 89 to 100 of Regulation (EC) No
990/2004, and after having consulted all
interested
parties concerned, the undertaking in its current form
is not appropriate anymore. On this basis, and also in
accordance with the relevant clauses of the undertaking
in question, which authorises the Commission unilat-
erally to withdraw the acceptance of the undertaking,
the Commission has
concluded to withdraw the
acceptance of the undertaking.

The Commission informed the Russian authorities and
the Russian exporters concerned in January 2004 that
it proposed to withdraw the acceptance of the current
undertaking. The Russian authorities and one exporting
producer objected to the above proposal and requested
that a duty-free tariff quota should be maintained for
imports of GOES originating in Russia, in particular in
view of the enlargement of the European Union on 1

May 2004. These arguments could not be accepted for
the reasons set out in recital 99 of Regulation (EC) No
990/2004.

C. REPEAL OF DECISION No 303/96/ECSC

(10)

(11)

In view of the above, Article 2 of Decision No 303/96/
ECSC should be repealed.

In parallel to this Decision, the Council, by Regulation
imposed a definitive anti-
(EC) No 990/2004 has
dumping duty on the exporters concerned,

HAS ADOPTED THIS DECISION:

Article 1

Article 2 of Decision No 303/96/ECSC is hereby repealed.

Article 2

This Decision shall take effect on the day following that of its
publication in the Official Journal of the European Union.

Done at Brussels, 17 May 2004.

For the Commission

Pascal LAMY
Member of the Commission

(1) OJ L 182, 19.5.2004, p. 5.