2005/132/EC: Commission Decision of 16 February 2005 repealing Commission Decision 2000/137/EC accepting undertakings offered in connection with imports into the Community of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and Ukraine
Date: 2005-02-16
Institutions: European Commission
Subjects: Croatia, anti-dumping duty, anti-dumping legislation, piping, tube

L 46/44

EN

Official Journal of the European Union

17.2.2005

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 16 February 2005

repealing Commission Decision 2000/137/EC accepting undertakings offered in connection with
imports into the Community of certain seamless pipes and tubes of iron or non-alloy steel
originating in Croatia and Ukraine

(2005/132/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

measure,
Regulation (4).

in accordance with Article 11(3) of the basic

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 (the ‘basic
Regulation’) (1) and in particular Article 8 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PREVIOUS PROCEDURE

By Regulation (EC) No 348/2000 (2),
the Council
imposed definitive anti-dumping duties on imports into
the Community of certain seamless pipes and tubes of
iron or non-alloy steel originating in Croatia and
Ukraine. By Decision 2000/137/EC (3), the Commission
accepted undertakings offered by exporters originating in
the
Croatia and Ukraine. By Decision 2002/669/EC,
Commission accepted the voluntary withdrawal of the
joint undertaking of the Ukrainian producers.

Further to a request lodged by the Defence Committee of
the Seamless Steel Tube Industry of the European Union,
the Commission initiated an interim review of the anti-
including the form of the
dumping measures in force,

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

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

(2) OJ L 45, 17.2.2000, p. 1. Regulation as amended by Regulation (EC)

No 1515/2002 (OJ L 228, 24.8.2002, p. 8).

(3) OJ L 46, 18.2.2000, p. 34. Decision as amended by Decision

2002/669/EC (OJ L 228, 24.8.2002, p. 20).

(3)

(4)

(5)

(6)

B. WITHDRAWAL OF THE ACCEPTANCE OF AN
UNDERTAKING

The Council, by Regulation (EC) No 258/2005 (5),
concluded the review.

set out

in recital

As
(137) of Regulation (EC)
No 258/2005, 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 to
withdraw the acceptance of the undertaking unilaterally,
the Commission has
concluded to withdraw the
acceptance of the undertaking.

The Commission informed the Croatian company Mechel
Željezara Ltd.
in December 2004 that it proposed to
withdraw the acceptance of
the current undertaking.
Subsequent to the disclosure, the Croatian government
informed the Commission that the company, being the
sole producer of the product concerned in Croatia, has
been liquidated and ceased production in autumn 2004.
Therefore, in addition, the undertaking is considered as
being no longer valid.

C. REPEAL OF DECISION 2000/137/EC

view of

Commission Decision
In
2000/137/EC, as amended by Commission Decision
2002/669/EC, should be repealed.

above,

the

(4) OJ C 288, 23.11.2002, p. 11.
(5) See page 7 of this Official Journal.

17.2.2005

EN

Official Journal of the European Union

L 46/45

(7)

In parallel to this Decision, the Council, by Regulation
(EC) No 258/2005 has imposed a definitive country-wide
anti-dumping duty on imports into the Community of
certain seamless pipes and tubes of iron or non-alloy
steel originating in Croatia,

Article 2

This Decision shall take effect on the day following its publi-
cation in the Official Journal of the European Union.

HAS DECIDED AS FOLLOWS:

Article 1

Commission Decision
Commission Decision 2002/669/EC, is hereby repealed.

2000/137/EC,

amended

as

Done at Brussels, 16 February 2005.

by

For the Commission

Peter MANDELSON
Member of the Commission