L 213/14 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, Having regard to the Treaty establishing the European Community, 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 (') (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: A. PROCEDURE (1) By Regulation (EC) No 1995/2000 (3, the Council imposed a definitive anti-dumping duty on imports of solutions of urea and ammonium nitrate (UAN) originat- ing, inter alia, in Russia. Following an expiry review initiated in September 2005, the Council, by Regulation (EC) No 1911/2006 (), renewed for five years these measures at their current level. (2) On 19 December 2006, the Commission announced, by a notice published in the Official Journal of the European Union (*), the initiation of a partial interim review concerning imports into the Community of UAN orig- inating, inter alia, in Russia upon the request of Open Joint Stock Company Novomoskovskiy Azot and Open Joint Stock Company Nevinnomyssky Azot, two exporting producers from Russia, belonging to the 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- lation. The definitive findings and conclusions of the partial interim review are set out in Council Regulation (EC) No 238/2008 () by which the review was () 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). () 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). () O] L 365, 21.12.2006, p. 26. (% O] C 311, 19.12.2006, p. 51. () O] L 75, 18.3.2008, p. 14. terminated without amending the anti-dumping measures in force. B. UNDERTAKING (3)  During the interim review the exporting producer 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 Regulation due to the complexity of several issues, namely (1) the volatility of the price of the product 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 particular market situation for 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 acceptable price undertaking with Article 8(1) of the basic Regulation. (4)  The Commission by Decision 2008/649/EC (°) 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. (5)  To further enable the Commission and the customs auth- orities to effectively monitor the compliance of 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 declaration stipulated in the Annex; (i) the fact that imported goods are manufactured, shipped 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 the appropriate anti-dumping duty shall be incurred at the time of acceptance of the declaration for release into free circulation. (°) See page 39 of this Official Journal.