27.6.2002 Official Journal of the European Communities L 168/51 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 June 2002 accepting an undertaking in connection with the anti-dumping proceeding concerning imports of urea originating, inter alia, in Lithuania (2002/498/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/1996 (') of 22 December 1995 on protection against dumped imports from countries not members of the European Community, as last amended by Council Regulation (EC) No 2238/2000 (3, and in particular Articles 8 and 9 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE The Commission, by Regulation (EC) No 1497/2001 (}) (the provisional Regulation) imposed a provisional anti- dumping duty on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine, and accepted an undertaking offered by an exporting producer in Bulgaria. The Council, by Regulation (EC) No 92/2002 () (the de- finitive Regulation), imposed definitive anti-dumping du- ties on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Uk- raine and exempted a Bulgarian exporting producer from the said duties as an undertaking had been accepted by the Commission from the company concerned. During the investigation, prior to the imposition of pro- visional measures, the only Lithuanian exporting produ- cer of the product concerned, Joint Stock Company Achema (Achema) had offered an undertaking, which could not be accepted by the Commission for the rea- sons set out in detail in recital 237 of the provisional Regulation. L 56, 6.3.1996, p. 1. L 257, 11.10.2000, p. 2. L 197, 21.7.2001, p. 4. L17,19.1.2002, p. 1. (4) Following disclosure of the facts and considerations on the basis of which it was intended to recommend the im- position of definitive duties, Achema presented to the Commission services within the deadlines stipulated, a revised offer for a price undertaking. This undertaking offer could not be accepted due to the fact that Achema also sold other fertilisers to the Community. The exis- tence of sales of other fertilisers rendered the commit- ment to respect minimum prices for urea easy to circum- vent by means of compensation with sales of those fertilisers at lower prices. Subsequently, Achema submitted a substantially revised undertaking offer. It is considered that the revised offer would not only eliminate the injurious effect of dumping but also seriously limit any risk of circumvention in the form of cross-compensation with other products since, in addition to the minimum price set for urea, the com- pany offered to respect a precise price level for the other fertilisers that it also exports to the Community. The company also accepted to respect the remaining formal requirements and reporting obligations usually stipulated in undertakings for all fertilisers exported to the Commu- nity. This final, acceptable, offer of a price undertaking was made by Achema prior to the publication of the defini- tive findings, but at such a late stage in the proceeding that it was administratively impossible to include its ac- ceptance in the definitive Regulation. Exceptionally, and particularly taking account of the company’s efforts throughout the proceeding to offer an undertaking which would overcome the Commissions concerns re- garding the risk of circumvention and the elimination of injury, it is considered appropriate to accept the under- taking notwithstanding the fact that it was made after the period during which representations must be made pursuant to Article 20(5) of the Basic Regulation.