Council Regulation (EC) No 789/2008 of 24 July 2008 amending Regulation (EC) No 1911/2006 imposing a definitive anti-dumping duty on imports of solutions of urea and ammonium nitrate originating in Algeria, Belarus, Russia and Ukraine following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96
Date: 2008-07-24
Institutions: Council of the European Union
Subjects: Algeria, Belarus, Russia, Ukraine, anti-dumping duty, anti-dumping legislation, chemical fertiliser, import, originating product

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Official Journal of the European Union

8.8.2008

COUNCIL REGULATION (EC) No 789/2008

of 24 July 2008

amending Regulation (EC) No 1911/2006 imposing a definitive anti-dumping duty on imports of
solutions of urea and ammonium nitrate originating in Algeria, Belarus, Russia and Ukraine
following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96

THE COUNCIL OF THE EUROPEAN UNION,

terminated without amending the anti-dumping measures
in force.

Having regard to the Treaty
Community,

establishing the European

B. UNDERTAKING

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,

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

Whereas:

(1)

(2)

A. PROCEDURE

By Regulation (EC) No 1995/2000 (2),
the Council
imposed a definitive anti-dumping duty on imports of
solutions of urea and ammonium nitrate (UAN) originat­
in Russia. Following an expiry review
ing,
initiated in September 2005, the Council, by Regulation
(EC) No 1911/2006 (3), renewed for five years these
measures at their current level.

inter alia,

inter alia,

the initiation of a partial

On 19 December 2006, the Commission announced, by
a notice published in the Official Journal of the European
Union (4),
interim review
concerning imports into the Community of UAN orig­
inating,
in Russia upon the request of Open
Joint Stock Company Novomoskovskiy Azot and Open
Joint
two
Stock Company Nevinnomyssky Azot,
from Russia, belonging to the
exporting producers
Open Joint Stock Company ‘Mineral and Chemical
Company EuroChem’. These two companies, due to
their relationship, are treated as one legal entity (the
exporting producer) for the purpose of the present Regu­
the
lation. The definitive findings and conclusions of
partial interim review are set out in Council Regulation
(EC) No 238/2008 (5) by which the
review was

(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).

(2) OJ L 238, 22.9.2000, p. 15. Regulation as amended by Regulation

(EC) No 1675/2003 (OJ L 238, 25.9.2003, p. 4).

(3) OJ L 365, 21.12.2006, p. 26.
(4) OJ C 311, 19.12.2006, p. 51.
(5) OJ L 75, 18.3.2008, p. 14.

(3)

(4)

(5)

interim review the

exporting producer
During the
expressed an interest
in offering a price undertaking
but failed to submit a duly substantiated offer within
the deadline as set out in Article 8(2) of the basic Regu­
lation. However as stated in recitals (57) and (58) of the
abovementioned Council Regulation,
the Council
considered that
the exporting producer should excep­
tionally be allowed to complete its undertaking offer
within 10 calendar days from entry into force of that
issues,
Regulation due to the complexity of
namely (1)
the product
the volatility of
concerned which would require some form of indexation
of minimum prices, while at the same time the volatility
is not sufficiently explained by the key cost driver; and
(2)
the product
concerned. Subsequent to the publication of Regulation
(EC) No 238/2008 and within the deadline as set out in
that Regulation the exporting producer submitted an
the
acceptable price undertaking with Article 8(1) of
basic Regulation.

the particular market

situation for

the price of

several

The Commission by Decision 2008/649/EC (6) accepted
the undertaking offer. The Council recognises that the
undertaking offer eliminates
the injurious effect of
dumping and limits to a sufficient degree the risk of
circumvention.

the compliance of

To further enable the Commission and the customs auth­
orities to effectively monitor
the
exporting producer with the undertaking, when the
request for release for free circulation is presented to
the relevant customs authority, exemption from the
anti-dumping duty is to be conditional on (i) the presen­
tation of an undertaking invoice, which is a commercial
invoice containing at least the elements listed and the
that
declaration stipulated in the Annex;
imported
and
invoiced directly by the exporting producer to the first
independent customer in the Community; and (iii) the
fact that the goods declared and presented to customs
correspond precisely to the description on the under­
taking invoice. Where the above conditions are not
met
shall be
incurred at the time of acceptance of the declaration
for release into free circulation.

anti-dumping duty

are manufactured,

the fact
shipped

appropriate

goods

the

(ii)

(6) See page 39 of this Official Journal.

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(6) Whenever

the Commission withdraws, pursuant

to
Article 8(9) of the basic Regulation,
its acceptance of
an undertaking following a breach by referring to
particular transactions and declares the relevant under­
taking invoices as invalid, a customs debt shall be
incurred at the time of acceptance of the declaration
for release into free circulation of these transactions.

Notwithstanding paragraph 1,

‘4.
the definitive anti-
dumping duty shall not apply to imports released into free
circulation in accordance with Article 2 or Article 2a.’

2. The following Article shall be added after Article 2:

(7)

(8)

(9)

Importers should be aware that a customs debt may be
incurred, as a normal trade risk, at the time of acceptance
the declaration for release into free circulation as
of
described in recitals (5) and (6) even if an undertaking
offered by the manufacturer
from whom they were
buying, directly or indirectly, had been accepted by the
Commission.

‘Article 2a

1.
Imports of mixtures of urea and ammonium nitrate for
release into free circulation which are invoiced by the
company from which an undertaking is accepted by the
Commission and whose name is listed in the Commission
Decision 2008/649/EC (*), as from time to time amended,
shall be exempt from the anti-dumping duty imposed by
Article 1, on condition that:

to Article 14(7) of

the basic Regulation,
Pursuant
customs authorities
should inform the Commission
immediately whenever indications of a violation of the
undertaking are found.

— they are manufactured, shipped and invoiced directly by
the said producer to the first independent customer in
the Community, and

For the reasons stated in the Commission Decision, the
is
undertaking offered by the
therefore considered acceptable by the Commission and
the exporting producer concerned has been informed of
the essential facts, considerations and obligations upon
which acceptance is based.

exporting producer

(10)

In the event of a breach or withdrawal of the undertaking
or in case of withdrawal of acceptance of the undertaking
by the Commission the anti-dumping duty which has
been imposed by the Council
in accordance with
Article 9(4)
shall automatically apply by means of
Article 8(9) of the basic Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1911/2006 is hereby amended as follows:

— such imports are accompanied by an undertaking invoice
which is a commercial
invoice containing at least the
elements and the declaration stipulated in Annex of
this Regulation, and

— the goods declared and presented to customs correspond
precisely to the description on the undertaking invoice.

A customs debt shall be incurred at

2.
the time of
acceptance of the declaration for release into free circulation:

— whenever it is established, in respect of imports described
in paragraph 1, that one or more of the conditions listed
in that paragraph are not fulfilled, or

— when the Commission withdraws its acceptance of the
undertaking pursuant to Article 8(9) of the basic Regu­
lation in a Regulation or Decision which refers to
particular transactions and declares the relevant under­
taking invoices as invalid.

1. Paragraph 4 in Article 1 shall be replaced by the following:

___________
(*) OJ L 213, 8.8.2008, p. 39.’

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3. The Annex shall be replaced by the following:

— the applicable delivery terms,

‘ANNEX

— total discounts and rebates.

Elements to be indicated in the undertaking invoice referred
to in Article 2(2) and Article 2a:

4. The name of the unrelated importer to which the invoice

is issued directly by the company.

1. The TARIC additional code under which the goods on the
invoice may be customs cleared at Community borders
(as specified in the appropriate Regulation or Decision).

2. The exact description of the goods, including:

— CN code,

— the nitrogen (N)
percentages),

content of

the product

(in

— quantity (to be given in tonnes).

3. The description of the terms of the sale, including:

5. The name of the official of the company that has issued
signed

following

and the

invoice

the undertaking
declaration:

“I, the undersigned, certify that the sale for direct export
to the European Community of the goods covered by this
invoice is being made within the scope and under the
terms of
the undertaking offered by [company], and
accepted by the European Commission through Regu­
lation (EC) No 617/2000 or Decision 2008/649/EC (as
appropriate). I declare that the information provided in
this invoice is complete and correct.”.’

— price per tonne,

— the applicable payment terms,

Article 2

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, 24 July 2008.

For the Council
The President

B. HORTEFEUX