L 168/46 Official Journal of the European Communities 13.6.98 COMMISSION DECISION of 12 June 1998 terminating the countervailing duty proceeding concerning imports of polyester fibres and polyester yarns originating in Turkey (notified under document number C(1998) 1599) (98/378/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community ('), and in particular Article 14(2) thereof, After consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1)  Following a complaint lodged by CIRFS (the Inter- national Rayon and Synthetic Fibres Committee), the Commission initiated an anti-subsidy proceeding concerning imports of polyester fibres and polyester yarns from Turkey on 9 February 1989 (. A provisional countervailing duty was subsequently imposed on 31 May 1991 (}). On completion of the investigation which found evidence of injurious subsidisation, the Govern- ment of Turkey offered an undertaking to: (i) grad- ually phase out the main export subsidy scheme (the corporate tax exemption scheme — CTE); and (i) not to grant new subsidies nor to compensate the producers/exporters concerned for the commit- ment to phase out the main export subsidy scheme. The Commission accepted this undertaking by Decision 91/511/EEC (*) and did not impose a definitive countervailing duty. Provisional duties were definitively collected by Council Regulation (EEC) No 2834/91 (9). At regular intervals since 1991 the Turkish author- ities reported on their commitments contained in the undertaking and provided supporting docu- mentation. The Commission services verified this 288, 21. 10. 1997, p. 1. 33, 9. 2. 1989, p. 7. 137, 31. 5. 1991, p. 8. 272, 28. 9. 1991, p. 92. 272, 28. 9. 1991, p. 3. 00000 S oo information and that provided by a number of Turkish exporters in 1992 and 1995. B. REVIEW INVESTIGATION A notice of the impending expiry of the above- mentioned measures (i.e. undertaking) was published in the Official Journal of the European Communities on 20 April 1996 (¥). On 24 June 1996, the complainants, CIRFS, lodged a request for an expiry review in accordance with the provi- sions of Article 13(5) of Regulation (EC) No 3284/ 94 (). The review request alleged that the repeal of the measures would be likely to result in a contin- uation or recurrence of subsidisation and injury. The Commission considered that the complainants had provided sufficient evidence to justify the initiation of an expiry review pursuant to Article 13(3) of Regulation (EC) No 3284/94. Given the nature of the measures in force, the Commission decided on its own initiative to initiate an interim review pursuant to Article 13(6) of that Regulation. A notice of initiation of a review of the counter- vailing measures was accordingly published on 21 September 1996 (%). With regard to the compatibility of such an initi- ation with the EC/Turkey Customs Union rules, it has to be borne in mind that, pending the imple- mentation by Turkey of provisions on competition, State aid control and other relevant parts of the acquis communautaire which are related to the internal market, the Customs Union Agreement does not preclude the application of trade defence instruments by one party in its relations with the other. The Customs Union Agreement provides that Turkey shall adopt all the necessary decisions to comply with this requirement within two years after the entry into force of the Customs Union (9 OJ C 116, 20. 4. 1996, p. 7. () OJ No L 349, 31. 12. 1994, p. 22 (subsequently replaced by Regulation (EC) No 2026/97). () OJ C 276, 21. 9. 1996, p. 5.