Commission Regulation (EC) No 2082/2005 of  19 December 2005  amending Regulation (EC) No 1497/2001 imposing provisional anti-dumping duties on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine, accepting an undertaking offered by the exporting producer in Bulgaria and terminating the proceeding as regards imports of urea originating from Egypt and Poland
Date: 2005-12-19
Institutions: European Commission
Subjects: anti-dumping duty, chemical fertiliser, import, third country

L 333/26

EN

Official Journal of the European Union

20.12.2005

COMMISSION REGULATION (EC) No 2082/2005

of 19 December 2005

amending Regulation (EC) No 1497/2001 imposing provisional anti-dumping duties on imports of
urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine,
accepting an undertaking offered by the exporting producer in Bulgaria and terminating the
proceeding as regards imports of urea originating from Egypt and Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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)
(the
basic Regulation), and in particular Articles 8 and 9 thereof,

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

Journal of

the European Communities,

On 21 October 2000, by means of a notice published in
the Official
the
Commission announced the initiation of an anti-dum-
ping proceeding (2)
in respect of imports of urea (the
concerned) originating in Belarus, Bulgaria,
product
Croatia,
Poland,
Estonia,
Egypt,
Romania and the Ukraine.

Lithuania,

Libya,

This proceeding resulted in provisional anti-dumping
duties being imposed in July 2001 on imports of urea
originating in Belarus, Bulgaria, Croatia, Estonia, Libya,
Lithuania, Romania and the Ukraine and a termination
of the proceeding concerning imports of urea originating
from Egypt and Poland by Commission Regulation (EC)
No 1497/2001 (3).

exporting producer

In the same Regulation, the Commission accepted an
undertaking offered by the
in
Bulgaria, Chimco AD. Subject to the conditions set out
in Regulation (EC) 1497/2001,
imports of the product
concerned into the Community from this company were
exempted from the said provisional anti-dumping duties,
pursuant to Article 3(1) of the same Regulation.

(4)

Definitive duties were later imposed on imports of goods
originating in Belarus, Bulgaria, Croatia, Estonia, Libya,
Lithuania, Romania and the Ukraine by Council Regu-

(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 C 301, 21.10.2000, p. 2.
(3) OJ L 197, 21.7.2001, p. 4.

lation (EC) No 92/2002 (4)
(the definitive Regulation).
Subject to the conditions set out therein, this Regulation
also granted goods produced and directly exported to the
first independent customer in the Community by Chimco
AD an exemption to the payment of the definitive anti-
dumping duties as an undertaking had already been
accepted definitively from this company at the provi-
sional stage of the proceeding. As mentioned in recital
137 of the definitive Regulation, the minimum price of
the undertaking was adapted due to a change in the
injury elimination level.

(5)

(6)

(7)

B. BREACHES OF THE UNDERTAKING

1. Obligations of the company with an undertaking

to export

The undertaking offered by Chimco AD obliges the
inter alia,
company concerned,
the product
concerned to the Community at or above certain
minimum import price levels (MIPs) specified therein.
This minimum price level has to be respected on a
quarterly weighted average. The company also undertakes
not to circumvent the undertaking by making compen-
satory arrangements with any other party.

in order to allow effective monitoring of
Furthermore,
the undertaking, Chimco AD is obliged to send to the
European Commission a quarterly report of all of its
exports sales of the product concerned to the European
Community. These reports should include details of all
invoices issued during the period for sales made under
the terms of the undertaking for which exemption to the
anti-dumping duties is sought. The data submitted in
these sales reports should be complete and correct in
all particulars.

is stipulated in the undertaking that

the European
It
Commission may give further technical instructions for
the monitoring of this undertaking and that the company
undertakes to cooperate in providing all
information
considered necessary by the European Commission for
the purpose of ensuring compliance with this under-
taking.

(4) OJ L 17, 19.1.2002, p. 1. Regulation as amended by Regulation (EC)

No 1107/2002 (OJ L 168, 27.6.2002, p. 1).

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Official Journal of the European Union

L 333/27

(8)

(9)

(10)

(11)

(12)

2. Breaches of the undertaking

The company was informed in December 2003 by the
European Commission that a new system would be made
available for the company to report the quarterly sales
reports to the European Union. This system would be
used for the reports from 2004 onwards if the company
agreed to it.

In return, the company sent an acceptance declaration of
the new reporting system for undertakings and continued
offer of an undertaking. Further, the two first reports
under the new system have been correctly transmitted
to the European Commission.

Reports for the third and fourth quarter have not been
received within the framework of the reporting system.
The company was informed about this and was granted a
sufficient period to remedy this situation. No reaction
was received from the company.

Further the company no longer sent any quarterly sales
reports for 2005 to the European Commission. The obli-
their sales to the
gation of
European Union was therefore not met.

the company to report

The failure to report in conformity to the technical speci-
fications as well as the non-transmission of the quarterly
the undertaking. The
reports constituted a breach of
company was
the
essential facts and considerations on the basis of which
the Commission intended to withdraw acceptance of the
undertaking and to recommend the imposition of the
definitive anti-dumping duty. No reaction was received

therefore informed in writing of

from the company, which is now under a bankruptcy
procedure.

C. AMENDMENT OF REGULATION (EC) No 1497/2001

(13)

In the light of the above, Article 3 of Regulation (EC) No
1497/2001 accepting an undertaking from Chimco AD
should be deleted and Articles 4 and 5 of that Regulation
should be renumbered accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Acceptance of the undertaking offered by Chimco AD is hereby
withdrawn.

Article 2

Article 3 of Regulation (EC) No 1497/2001 is hereby

1.
deleted.

Article 4 of Regulation (EC) No 1497/2001 is hereby

2.
renumbered ‘Article 3’.

Article 5 of Regulation (EC) No 1497/2001 is hereby

3.
renumbered ‘Article 4’.

Article 3

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

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

Done at Brussels, 19 December 2005.

For the Commission

Peter MANDELSON
Member of the Commission