1.10.98 Official Journal of the European Communities L 266/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2079/98 of 24 September 1998 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 9(4) thereof, Having regard to Regulation (EC) No 2334/97 (%), and in particular Article 4(1) and (2) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) The Council, by Regulation (EC) No 2334/97, 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 from certain producers in connection with these imports. Sampling was applied to Polish producers/export- ers and individual duties ranging from 4,0 % to 10,6 % were imposed on the companies in the sample, while other cooperating companies not included in the sample received a weighted average duty of 6,3 %. 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 which undertakings were accepted were exempted from anti-dumping duties with regard to imports of one specific pallet type, (") OJ L 56, 6. 3. 1996, p. 1, Regulation as last amended by Regulation (EC) No 905/98 (O] L 128, 30. 4. 1998, p. 18). @ OJ L 324, 27. 11. 1997, p. 1. the EUR-pallet, which is the only pallet type covered by the undertakings. Atrticle 4(1) of Regulation (EC) No 2334/97 stipu- lates that any party which provides sufficient evidence to the Commission that: — it did not export to the Community or produce 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 Regula- tion, — it has actually exported to the Community the goods concerned after the investigation period, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community; then that Regulation can be amended by granting that party the duty rate applicable to cooperating producers which were not in the sample, i.e. 6,3 %. Article 4(2) of Regulation (EC) No 2334/97 provided that any party which met 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- pallet had been accepted from such party. B. NEW EXPORTERS’ REQUEST Eighteen new Polish exporting producers having requested the same treatment as the companies which cooperated in the original investigation but were not included in the sample, have provided, on request, evidence showing that they meet the requirements set out in Article 4(1) of Regulation (EC) No 2334/97. The evidence provided by these