Commission Regulation (EC) No 1002/2004 of 18 May 2004 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of potassium chloride originating in the Republic of Belarus, the Russian Federation or Ukraine and making imports of potassium chloride originating in the Republic of Belarus and the Russian Federation subject to registration
Date: 2004-05-18
Institutions: European Commission
Subjects: Belarus, Russia, anti-dumping legislation, chemical salt, customs regulations, import, originating product

L 183/16

EN

Official Journal of the European Union

20.5.2004

COMMISSION REGULATION (EC) No 1002/2004

of 18 May 2004

accepting undertakings offered in connection with the anti-dumping proceeding concerning imports
of potassium chloride originating in the Republic of Belarus, the Russian Federation or Ukraine and
making imports of potassium chloride originating in the Republic of Belarus and the Russian
Federation subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

review of the measures in force (‘the measures’) pursuant
to Articles 11(3) and 22(c) of the basic Regulation.

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
countries not members of the European Community (1), as last
amended by Regulation (EC) No 461/2004 (2) (the ‘basic Regu-
lation’), and in particular Articles 8, 11(3), 21 and 22(c) thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PROCEDURE

1. Measures in force

Pursuant to Regulation (EC) No 969/2000 (3) the Council
amended and extended the measures imposed by Regu-
lation (EC) No 3068/92 (4), as amended by Regulations
(EC) No 643/94 (5) and (EC) No 449/98 (6), on imports
into the Community of potassium chloride (the ‘product
concerned’) originating in the Republic of Belarus
(‘Belarus’), the Russian Federation (‘Russia’) and Ukraine.
Pursuant to Regulation (EC) No 999/2004 (7) the Council
amended Regulation (EC) No 969/2000.

and

grade

The measures are fixed duty amounts, established by
from
category
19,51 EUR/tonne to 48,19 EUR/tonne in the case of
Belarus, 19,61 EUR/tonne to 40,63 EUR/tonne in the
case of Russia and 19,61 EUR/tonne to 48,19 EUR/
tonne in the case of Ukraine.

product,

ranging

of

2. Investigation

(3)

On 20 March 2004 the Commission announced through
the publication of a notice in the Official Journal of the
European Union (8)
interim

the initiation of a partial

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 77, 13.3.2004, p. 12.
(3) OJ L 112, 11.5.2000, p. 4.
(4) OJ L 308, 24.10.1992, p. 41.
(5) OJ L 80, 24.3.1994, p. 1.
(6) OJ L 58, 27.2.1998, p. 15.
(7) OJ L 182, 19.5.2004, p. 23.
(8) OJ C 70, 20.3.2004, p. 15.

(4)

(5)

(6)

(7)

the

review was

initiative of

launched at

The
the
Commission in order to examine whether, as a conse-
quence of the enlargement of the European Union on 1
May 2004 (‘enlargement’) and, bearing in mind the
aspect of Community interest, there is a need to adapt
the measures in order to avoid a sudden and excessively
negative effect on all
interested parties including users,
distributors and consumers.

in the Community,

interested parties known to the Commission,
All
associations of
including the Community industry,
exporters/
producers or users
importers and
producers in the countries concerned,
their associations and the relevant authorities of
the
countries concerned as well as interested parties in the
ten new Member States which acceded to the European
Union on 1 May 2004 (the ‘EU10’) were advised of the
initiation of the investigation and were given the oppor-
tunity to make their views known in writing, to submit
information and to provide supporting evidence within
the time-limit set out
initiation. All
interested parties who so requested and showed that
there were reasons why they should be heard were
granted a hearing.

in the notice of

3. Result of the investigation

As set out in Council Regulation (EC) No 992/2004 the
investigation concluded that
is in the Community
interest to adapt the existing measures, provided that
such adaptation does not significantly undermine the
desired level of trade defence.

it

4. Undertakings

the Commission,

In accordance with the conclusions of Regulation (EC)
No 992/2004,
in conformity with
Article 8(2) of the basic Regulation, suggested under-
takings to the companies concerned. As a result, under-
takings were subsequently offered by (i) one exporting
producer
Belarus
(Republican Unitary Enterprise Production Amalgamation
Belaruskali) jointly with its related companies in Russia

concerned

product

the

of

in

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Official Journal of the European Union

L 183/17

(JSC International Potash Company), Austria (Belurs
Handelsgesellschaft mbH) and Lithuania (UAB Baltkalis),
(ii) an exporting producer in Russia (JSC Silvinit) jointly
with its related companies in Russia (JSC International
Potash Company) and Austria (Belurs Handelsgesellschaft
mbH) and (iii) a second exporting producer in Russia
(JSC Uralkali)
company in Cyprus
(Fertexim Ltd).

jointly with a

upon the presentation of an invoice containing at least
the items of information listed in the Annex to Regu-
lation (EC) No 992/2004. This level of information is
authorities
also necessary
to
the shipment
ascertain with sufficient precision that
corresponds to the commercial documents. Where no
is presented, or when it does not
such invoice
correspond to the product presented to customs,
the
instead be payable.
appropriate anti-dumping duty will

customs

enable

to

(8)

(9)

It should be noted that, in application of Article 22(c) of
the basic Regulation, these undertakings are considered as
special measures
the
conclusions of Regulation (EC) No 992/2004, they are
not directly equivalent to an anti-dumping duty.

accordance with

since,

in

(13)

In view of all the above, the offers of undertakings are
considered acceptable.

the undertakings oblige

in conformity with Regulation (EC) No
Nevertheless,
992/2004,
each individual
producing exporter to respect minimum import prices
within the framework of import ceilings and,
in order
that the undertakings can be monitored, the exporting
producers concerned have also agreed to broadly respect
their traditional selling patterns to individual customers
in the EU10. The exporting producers are also aware that
if it is found that these traditional sales patterns change
significantly, or that the undertakings become in any way
difficult or impossible to monitor, the Commission is
entitled to withdraw acceptance of the company’s under-
taking resulting in definitive anti-dumping duties being
imposed in its place, or it may adjust the level of the
ceiling, or it may take other remedial action.

(10)

It is also a condition of the undertakings that if they are
breached in any way, the Commission will be entitled to
withdraw acceptance thereof resulting in definitive anti-
dumping duties being imposed in their place.

(11)

The companies will also provide the Commission with
regular and detailed information concerning their exports
to the Community, meaning that the undertakings can be
monitored effectively by the Commission.

(14)

(15)

(16)

The acceptance of the undertakings is limited to an initial
period of 12 months without prejudice to the normal
the measures. However, six months after
duration of
acceptance
continued
of
to an appraisal by the
acceptance will be subject
Commission to verify whether
the exceptional and
negative conditions for end users in the EU10 which
led to the acceptance of the undertakings still exist.

undertakings,

their

the

B. REGISTRATION OF IMPORTS

In view of the unusual circumstances of this case and the
inherent risk of breaches of undertakings caused by the
price differences between the EU10 and the EU15 and
their short-term character, it is considered that sufficient
grounds exist to make certain imports of the product
a maximum
concerned subject
period of nine months in accordance with Article 14(5)
of the basic Regulation.

to registration for

to

steps

register

Customs authorities are therefore directed to take the
the
appropriate
Community of
the product concerned originating in
Belarus and Russia exported by the companies which
have offered acceptable undertakings and for which
benefit from the exemption to the anti-dumping duties
is sought.

imports

into

(12)

In order that the Commission can monitor effectively the
companies’ compliance with the undertakings, when the
request for release for free circulation pursuant to an
undertaking is presented to the
customs
authority, exemption from the duty will be conditional

relevant

(17)

In the event of a finding of a breach of the undertakings,
duties may be levied retroactively on goods entered into
free circulation in the Community from the date of the
breach of the undertaking,

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Official Journal of the European Union

20.5.2004

HAS ADOPTED THIS REGULATION:

Article 1

in connection with the anti-
The undertakings offered by the exporting producers mentioned below,
dumping proceeding concerning imports of potassium chloride originating in the Republic of Belarus
and the Russian Federation are hereby accepted.

Country

Company

TARIC additional code

Republic of Belarus

Russian Federation

Russian Federation

Produced
by Republican Unitary
Enterprise Production Amalgamation
Belaruskali, Soligorsk, Belarus
and
sold by JSC International Potash
Company, Moscow, Russia, or Belurs
Handelsgesellschaft mbH,
Vienna,
Austria, or UAB Baltkalis, Vilnius,
Lithuania,
independent
to the first
customer in the Community acting
as an importer

Produced by JSC Silvinit, Solikamsk,
Russia and sold by JSC International
Potash Company, Moscow, Russia, or
Handelsgesellschaft mbH,
Belurs
inde-
Vienna, Austria to the first
pendent
the
customer
Community acting as an importer

in

Produced by JSC Uralkali, Berezniki,
Russia and sold by Fertexim Ltd,
Limassol,
first
customer in the Community acting
as an importer

Cyprus

its

to

A518

A519

A520

Article 2

The customs authorities are hereby directed, pursuant to Article 14(5) of Regulation (EC) No 384/96 to take
the appropriate steps to register the imports into the Community of potassium chloride originating in the
Republic of Belarus and the Russian Federation falling within CN codes 3104 20 10 (TARIC codes
3104 20 10 10 and 3104 20 10 90), 3104 20 50 (TARIC codes 3104 20 50 10 and 3104 20 50 90),
3104 20 90 (TARIC code 3104 20 90 00),
ex 3105 20 10 (TARIC codes 3105 20 10 10 and
3105 20 10 20), ex 3105 20 90 (TARIC codes 3105 20 90 10 and 3105 20 90 20), ex 3105 60 90
(TARIC codes 3105 60 90 10 and 3105 60 90 20), ex 3105 90 91 (TARIC codes 3105 90 91 10 and
3105 90 91 20), ex 3105 90 99 (TARIC codes 3105 90 99 10 and 3105 90 99 20) produced and sold
or produced and exported by the companies listed in Article 1 for which an exemption to the anti-
dumping duties imposed by Regulation (EC) No 992/2004 is sought.

This Regulation shall enter into force on the day after its publication in the Official Journal of the European
Union and shall remain in force for a period of 12 months.

Article 3

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

Done at Brussels, 18 May 2004.

For the Commission

Pascal LAMY
Member of the Commission