Council Regulation (EC) No 73/2006 of  13 January 2006  amending Regulation (EC) No 92/2002 imposing definitive anti-dumping duty and collecting definitively the provisional anti-dumping duty imposed on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine
Date: 2006-01-13
Institutions: Council of the European Union
Subjects: anti-dumping duty, chemical fertiliser, import, originating product, third country

18.1.2006

EN

Official Journal of the European Union

L 12/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 73/2006

of 13 January 2006

amending Regulation (EC) No 92/2002 imposing definitive anti-dumping duty and collecting
definitively the provisional anti-dumping duty imposed on imports of urea originating in Belarus,
Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

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), and in
particular Articles 8 and 9 thereof,

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

Journal of

On 21 October 2000, by means of a notice published in
the Official
the
an anti-
Commission announced the
dumping proceeding (2)
imports of urea
(‘the
Belarus,
product
Bulgaria, Croatia,
Lithuania,
Poland, Romania and the Ukraine.

the European Communities,
initiation of

concerned’)
Egypt,

in respect of

originating

Estonia,

Libya,

in

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).

In the same Regulation, the Commission accepted an
undertaking offered by the
in
Bulgaria, Chimco AD. Subject to the conditions set out
the
in Regulation (EC) No 1497/2001,

exporting producer

imports of

(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.

(4)

(5)

(6)

product
concerned into the Community from this
company were exempted from the said provisional
the
anti-dumping duties, pursuant
same Regulation.

to Article 3(1) of

Definitive duties were later imposed on imports of urea
originating in Belarus, Bulgaria, Croatia, Estonia, Libya,
Lithuania, Romania and the Ukraine by Council Regu-
lation (EC) No 92/2002 (4). 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
definitive anti-dumping duties as an undertaking had
already been accepted definitively from this company at
the provisional 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.

B. FAILURE TO COMPLY WITH THE UNDERTAKING

to export

The undertaking offered by Chimco AD obliges the
the product
inter alia,
company concerned,
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. Furthermore,
Chimco AD is obliged to send to the European
Commission a quarterly report of all
its exports sales
of the product concerned to the European Community.

Chimco AD failed to submit more data for two quarterly
in a technically acceptable manner. Further,
reports
afterwards, Chimco AD no longer submitted any data
in respect of the quarterly reports. It is therefore found,
that the company did not respect its obligation to send
to the European Commission quarterly reports of all its
exports sales of the product concerned to the European
Community and had therefore breached the undertaking.

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

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

L 12/2

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Official Journal of the European Union

18.1.2006

(7)

(8)

(9)

Commission Regulation (EC) No 2082/2005 (1) sets out
in more detail the nature of the breaches found.

HAS ADOPTED THIS REGULATION:

In view of these breaches, acceptance of the undertaking
offered by Chimco AD (Taric additional code A272) has
been withdrawn by Commission Regulation (EC) No
2082/2005 and a definitive anti-dumping duty should
be
the product
concerned when produced and exported by Chimco AD.

imposed forthwith on imports of

the rate of

In accordance with Article 8(9) of Regulation (EC) No
the anti-dumping duty must be
384/96,
determined on the basis of the facts established within
the context of the investigation which led to the under-
taking. As the investigation in question was concluded
with a final determination as to dumping and injury, by
Regulation (EC) No 92/2002, it is considered appropriate
that the definitive anti-dumping rate is set at the level
and in the form imposed by that Regulation, namely
EUR 21,43 per ton before duty,
free-at-
Community frontier price.

to the net,

Article 1

Regulation (EC) No 92/2002 is hereby amended as follows:

1. In Article 1(2), the row concerning Bulgaria shall be replaced

by the following:

‘Country of
origin

Produced by

Definitive anti-
dumping duty
(EUR per ton)

Bulgaria

All companies

21,43

TARIC addi-
tional code

—’

2. In Article 2(1)

the below line of

the table concerning

Bulgaria shall be deleted:

‘Country

Bulgaria

Company

TARIC additional code

Chimco AD, Shose az
Mezdra, 3037 Vratza

A272’

C. AMENDMENT OF REGULATION (EC) No 92/2002

Article 2

(10)

In view of
should be amended accordingly,

the above, Regulation (EC) No 92/2002

This Regulation shall enter into force on the day following that
of 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, 13 January 2006.

For the Council
The President

U. PLASSNIK

(1) OJ L 333, 20.12.2005, p. 26.