25.9.2003 Official Journal of the European Union L 238/35 COMMISSION DECISION of 27 August 2003 accepting an undertaking offered in the framework of a partial interim review of the anti-dumping measures applicable to imports of urea and ammonium nitrate solutions (UAN) originating, inter alia, in Lithuania (2003/671/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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), as last amended by Regulation (EC) No 1972/2002 (3), and in particular Article 8 thereof, After consulting the Advisory Committee, Whereas: 1 2 3 5 6 () O] () O () O] () O] () O] () O A. PROCEDURE Pursuant to Regulation (EC) No 1995/2000 (}), the Council imposed definitive anti-dumping duties on imports into the Community of solutions of urea and ammonium nitrate (UAN) originating, inter alia, in Lithuania. The form of measures set out in that Regula- tion for all Lithuanian exporting producers was a specific duty of EUR 3,98 per tonne. On January 2002, in another procedure, definitive anti- dumping measures, in the form of a specific duty, were imposed on imports of urea originating, inter alia, in Lithuania pursuant to Council Regulation (EC) No 92/ 2002 (4. However, in accordance with Commission Decision 2002/498/EC () and Council Regulation (EC) No 1107/2002 () amending Regulation (EC) No 92/ 2002, the sole Lithuanian exporting producer of urea, Stock Company Achema (Achema), was exempted from the said duties as an undertaking had been accepted by the Commission from it. In the framework of that under- taking, in order to eliminate the risks of compensatory arrangements, Achema undertook to respect minimum import prices and to report exports to the Community not only for urea, but also for its other two nitrogen fertilisers, i.e. ammonium nitrate and UAN. L 56, 6.3.1996, p. 1. L 305, 7.11.2002, p. 1. L 238, 22.9.2000, p. 15. L 17, 19.1.2002, p. 1. L 168, 27.6.2002, p. 51. L 168, 27.6.2002, p. 1. B. REQUEST FOR A REVIEW In September 2002, a request for a partial interim review pursuant to Article 11(3) of the basic Regulation was lodged by Achema, an exporting producer in Lithuania. The request was limited in scope to the exam- ination of the form of the measure and, in particular, to the examination of the acceptability of an undertaking offered by the applicant. The request was based on the grounds that the applicant committed itself to a price discipline in respect of UAN within the framework of an anti-dumping proceeding concerning urea and presented evidence that it was ready to provide in the framework of the present proceeding an undertaking of a similar nature, which would have the effect of removing the injurious effects of dumping and could be monitored. Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initia- tion of a partial interim review, the Commission published a notice in the Official Journal of the European Communities () and commenced an investigation. C. ACCEPTANCE OF THE UNDERTAKING The details of the procedural aspects and findings of the interim review investigation are set out in full in Council Regulation (EC) No 1675/2003 (%). According to the undertaking offer, Achema undertook to sell UAN directly from Lithuania to unrelated custo- mers in the Community at a minimum price. Moreover, the regular and detailed reports which Achema under- took to provide to the Commission will allow effective monitoring of the terms of the undertaking. In addition, in respect of the risk of circumvention in the form of cross-compensation with other products it should be borne in mind that Achema has been respecting minimum import prices for the other fertilisers that it exports to the Community in the framework of its urea undertaking. Under these circumstances, it is considered that the risk of circumvention will be limited. () OJ C 314, 17.12.2002, p. 2. () See page 4 of this Official Journal.