Commission Regulation (EC) No 588/2005 of 15 April 2005 amending Regulation (EC) No 1002/2004 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
Date: 2005-04-15
Institutions: European Commission
Subjects: Belarus, Russia, anti-dumping legislation, chemical salt, customs regulations, import, originating product

16.4.2005

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Official Journal of the European Union

L 98/11

COMMISSION REGULATION (EC) No 588/2005

of 15 April 2005

amending Regulation (EC) No 1002/2004 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped
imports from countries not member of
(the basic Regulation) and in
particular Article 8 thereof,

the European Communities (1)

Having regard to Council Regulation (EC) No 992/2004 (2) of 17 May 2004 amending Regulation (EEC) No
3068/92 imposing a definitive anti-dumping duty on imports of potassium chloride originating in Belarus,
Russia or Ukraine and in particular Article 1 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

The Council, by Regulation (EEC) No 3068/92 (3), imposed a definitive anti-dumping duty on imports
of potassium chloride originating, inter alia, in the Russian Federation (‘Russia’). By Regulation (EC) No
969/2000 (4), the Council amended and extended the period of application of the measures originally
imposed by Regulation (EEC) No 3068/92 on imports of potassium chloride originating, inter alia, in
Russia.

In March 2004, by means of a notice published in the Official Journal of the European Union (5), the
Commission launched, on its own initiative, a partial interim review of the measures in force on
imports of potassium chloride from, inter alia, Russia to examine whether they should be amended to
take account of the enlargement of the European Union to 25 Member States (Enlargement).

The results of that partial interim review showed that it was in the interests of the Community to
provide for the temporary adaptation of the measures so as to avoid a sudden and excessively
negative economic impact on importers and users in the 10 new Member States (EU10) immediately
following Enlargement.

The Council, by Regulation (EC) No 992/2004, authorised the Commission to accept undertaking
offers respecting the conditions set out in recitals 27 to 32 of the same Regulation. On this basis, and
pursuant to Articles 8, 11(3), 21 and 22(c) of the basic Regulation, the Commission, by Regulation
(EC) No 1002/2004 (6), accepted undertaking offers from two exporting producers in Russia.

In the case of one exporting producer, the Commission accepted a joint undertaking for imports of
potassium chloride produced by JSC Uralkali, Berezniki, Russia and sold by a trading company,
Fertexim Ltd, Limassol, Cyprus which acted as the exclusive distributor for JSC Uralkali’s sales to
the Community.

(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 182, 19.5.2004, p. 23.
(3) OJ L 308, 24.10.1992, p. 41. Regulation, as last amended by Regulation (EC) No 992/2004 (OJ L 182, 19.5.2004,

p. 23).

(4) OJ L 112, 11.5.2000, p. 4. Corrigendum: OJ L 2, 5.1.2001, p. 42.
(5) OJ C 70, 20.3.2004, p. 15.
(6) OJ L 183, 20.5.2004, p. 16.

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(6)

(7)

(8)

JSC Uralkali has informed the Commission that it would, henceforth, sell to the Community through
a different company called Uralkali Trading SA, Geneva, Switzerland. To take account of this change,
JSC Uralkali and Fertexim Ltd requested that
the relevant provisions of Regulation (EC) No
1002/2004 accepting the joint undertaking be amended. To this end, JSC Uralkali and Uralkali
Trading SA have jointly offered a revised undertaking.

JSC Uralkali has also pointed out that the undertaking accepted by Regulation (EC) No 1002/2004
did not allow for direct sales from JSC Uralkali to the first independent customer in the Community.
By the revised undertaking, JSC Uralkali also undertakes to respect the terms thereof for direct sales
to the Community.

The Commission has examined the undertaking offer. It was concluded that the revised undertaking
fulfilled all the necessary criteria for acceptance laid down in Regulation (EC) No 992/2004, namely
that: (i) the sales prices of the companies concerned would be at levels which significantly contribute
to the elimination of injury; (ii) the companies would observe certain import volumes for sales to
customers in the EU10; and (iii) they would also broadly respect their traditional selling patterns to
individual customers in the EU10. It was also considered, as had been argued by JSC Uralkali, that the
transfer of the trading activities of Fertexim Ltd to Uralkali Trading SA did not affect the workability
of the undertaking nor, on the basis of information provided by the companies, its effective moni-
toring.

(9)

Furthermore, the request for exemption of JSC Uralkali’s direct sales to the Community from the anti-
dumping duties was considered to be acceptable as it is in line with normal practice to accept
appropriate undertaking offers from producers which export directly to the Community.

(10)

In light of the above, it was considered appropriate to amend the operative part of Regulation (EC)
No 1002/2004 accordingly,

HAS ADOPTED THIS REGULATION:

Article 1 of Regulation (EC) No 1002/2004 shall be amended as follows:

Article 1

‘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, to the first independent
customer in the Community acting as an importer

Produced by JSC Silvinit, Solikamsk, Russia and sold by
JSC International Potash Company, Moscow, Russia, or
Belurs Handelsgesellschaft m.b.H, Vienna, Austria to the
first independent customer in the Community acting as
an importer

Produced and sold by JSC Uralkali, Berezniki, Russia or
produced by JSC Uralkali, Berezniki, Russia and sold by
Uralkali Trading SA, Geneva, Switzerland to the first
customer in the Community acting as an importer

A518

A519

A520’

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

Article 2

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

Done at Brussels, 15 April 2005.

For the Commission

Peter MANDELSON
Member of the Commission