2006/557/EC: Commission Decision of  8 August 2006  amending Decision 2005/802/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of potassium chloride originating in the Russian Federation
Date: 2006-08-08
Institutions: European Commission
Subjects: Russia, anti-dumping legislation, chemical salt

L 218/22

EN

Official Journal of the European Union

9.8.2006

COMMISSION DECISION

of 8 August 2006

amending Decision 2005/802/EC accepting undertakings offered in connection with the anti-
dumping proceeding concerning imports of potassium chloride originating in the Russian
Federation

(2006/557/EC)

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 Article 8 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

PROCEDURE

The Council, by Regulation (EEC) No 3068/92 (2) (the
original Regulation),
imposed definitive anti-dumping
duties on imports of potassium chloride (potash or the
product concerned) originating, inter alia, in Belarus and
Russia.

Following an expiry review pursuant to Article 11(2) and
an interim review pursuant to Article 11(3) of the basic
Regulation (the previous investigation) the Council, by
Regulation (EC) No 969/2000 (3), decided that the above-
mentioned measures should be maintained and amended
the form of the measures. The measures were imposed in
the form of a fixed amount in euro per tonne for the
various categories and grades of potash.

By Regulation (EC) No 992/2004 (4),
the Council
provided for
the exemption from the anti-dumping
duties of imports into the Member States that acceded
to the European Union on 1 May 2004 (the EU-10),
the terms of special undertaking offers
made under
the
and
(enlargement
Commission to accept those enlargement undertakings.
On this basis, and pursuant to Articles 8, 11(3), 21 and
22(c) of the basic Regulation, the Commission, by Regu-

undertakings),

authorised

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

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

lation (EC) No 1002/2004 (5), accepted enlargement
undertakings from (i) an exporting producer in Belarus
jointly with companies situated in Austria, Lithuania and
Russia, (ii) from an exporting producer in Russia jointly
with companies situated in Russia and Austria, and (iii)
from an exporting producer in Russia jointly with a
company situated at the time of acceptance in Cyprus.

By Regulation (EC) No 858/2005 (6), the Commission
accepted new undertakings from the above mentioned
exporting producers until 13 April 2006.

Following two separate partial
interim review investi-
gations pursuant to Article 11(3) of the basic Regulation,
requested by the Russian exporting producers JSC Silvinit
and JSC Uralkali, the Council, by Regulation (EC) No
1891/2005, amended Regulation (EEC) No 3068/92
and replaced the fixed amounts of duties with individual
ad valorem duties for all potash types manufactured by
these Russian companies. By Decision 2005/802/EC (7),
the Commission accepted undertakings offered by JSC
Silvinit and JSC Uralkali. At that time, JSC Silvinit had
an exclusive
Potash
Company in Moscow, with whom JSC Silvinit offered
the undertaking together.

JSC International

distributor,

sales channels

it wished to change its

In January 2006 JSC Silvinit informed the Commission
to the
that
Community and to include Polyfer Handels GmbH,
Vienna, Austria as a distributor. To take account of this
change, JSC Silvinit requested that the relevant provisions
of Decision 2005/802/EC be amended accordingly. To
together with JSC International
this end,
Potash Company and Polyfer Handels GmbH have
jointly offered a revised undertaking.

JSC Silvinit

it was concluded that the inclusion of
In this regard,
Polyfer Handels GmbH in the sales channels of
JSC
Silvinit did not affect the workability or the effective
monitoring of the undertaking.

In light of the above, it was considered appropriate to
amend the operative part of Decision 2005/802/EC
accordingly,

(4)

(5)

(6)

(7)

(8)

(2) OJ L 308, 24.10.1992, p. 41. Regulation as last amended by Regu-

(5) OJ L 183, 20.5.2004, p. 16. Regulation as amended by Regulation

lation (EC) No 1891/2005 (OJ L 302, 19.11.2005, p. 14).

(EC) No 588/2005 (OJ L 98, 16.4.2005, p. 11).

(3) OJ L 112, 11.5.2000, p. 4.
(4) OJ L 182, 19.5.2004, p. 23.

(6) OJ L 143, 7.6.2005, p. 11.
(7) OJ L 302, 19.11.2005, p. 79.

9.8.2006

EN

Official Journal of the European Union

L 218/23

HAS DECIDED AS FOLLOWS:

Article 1 of Decision 2005/802/EC shall be replaced as follows:

Article 1

‘Article 1

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

Country

Russian Federation

Russian Federation

Company

Taric Additional Code

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

A695

A520’

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

Article 2

Done at Brussels, 8 August 2006.

For the Commission

Peter MANDELSON
Member of the Commission