14.6.2002 Official Journal of the European Communities L155/11 COUNCIL REGULATION (EC) No 1012/2002 of 10 June 2002 amending Regulation (EC) No 2334/97 imposing a definitive anti-dumping duty on certain imports of flat pallets of wood originating in the Republic of Poland and collecting definitively the provisional duty imposed 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 (!), and in particular Article 8(9) and Article 9(4) thereof, Having regard to Council Regulation (EC) No 2334/97 (3), and in particular Article 4(1) and (2) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1)  The Council, by Regulation (EC) No 233497, imposed definitive anti-dumping duties on certain imports of flat pallets of wood falling within CN code ex 4415 20 20 originating in the Republic of Poland and accepted undertakings offered by certain producers in connection with these imports. Sampling was applied to Polish producers/exporters and individual duties ranging from 4,0 % to 106 % were imposed on the companies in the sample, while a weighted average duty of 6,3 % was imposed on other cooperating companies not included in the sample. A duty of 10,6 % was imposed on companies which either did not make themselves known or did not cooperate in the investigation. The producers from whom undertakings were accepted were exempted from anti-dumping duties with regard to imports of one specific pallet type, the EUR-pallet, which is the only pallet type covered by the undertakings. (2)  Article 4(1) of Regulation (EC) No 2334/97 stipulates that where any party provides sufficient evidence to the Commission that: — it did not export to the Community or produce the wooden pallets described in Article 1(1) of that Regulation during the investigation period, — it is not related to any of the producers or exporters in Poland which are subject to the anti-dumping duties imposed by that Regulation, () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regula- tion (EC) No 22382000 (Of L 257, 11.10.2000, p. 2). () O] L 324, 27.11.1997, p. 1. Regulation as last amended by Regulation (EC) No 1678/2001 (O] L 227, 23.8.2001, p. 22). — it has actually exported to the Community the goods concerned after the investigation period, or it has entered into any irrevocable contractual obligation to export a significant quantity to the Community, then that Regulation can be amended by granting the party in question the duty rate applicable to cooperating producers who were not in the sample, ie. 6,3 %. Exporting producers meeting the criteria of Article 4(1) and thus subject to the weighted average duty of 6,3 % are listed in Annex I to Regulation (EC) No 2334/97. (3)  Article 4(2) of Regulation (EC) No 2334/97 provides furthermore that any party meeting the criteria set out in Article 4(1) thereof can also be exempted from the payment of the anti-dumping duty if an undertaking with regard to the so-called EUR-pallets is accepted from such a party. Exporting producers from which such an undertaking is accepted are listed in Annex II to Regula- tion (EC) No 2334/97. (4 The Council, by Regulations (EC) No 2079/98 (}), (EC) No 2048/1999 (%), (EC) No 1521/2000 () and (EC) No 1678/2001 () amended Annexes I and II to Regulation (EC) No 2334/97. B. ACCEPTANCE OF UNDERTAKING (5)  One Polish exporting producer, P.P.H. ‘Astra’ Sp. z o0.0., Nawojowa, which received the weighted average duty of 6,3 %, has also offered an undertaking with regard to EUR-pallets which was accepted by Commission Decision 2002/380/EC (). Consequently, this company should be added to Annex II to Regulation (EC) No 2334/97. C. FAILURE TO COMPLY WITH THE UNDERTAKING (6)  The following six Polish exporting producers from which the Commission accepted undertakings have violated the undertaking by not respecting the minimum price specified therein: — P.W. ‘Intur-kfs’ Sp. z 0.0., Inowroclaw (TARIC addi- tional code 8662), — Z.P.H.U. Miroslaw Przybylek’, Klonowa (TARIC addi- tional code 8574), 3 4 () O] L 266, 1.10.1998, (*) O () O ® o () o L L 255, 30.9.1999, L 175, 14.7.2000, L L 6 7 227, 23.8.2001, 135, 23.5.2002, TETETT NN = = =