12.1.2012 Official Journal of the European Union L 8/17 REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 13/2012 of 6 January 2012 amending Regulation (EC) No 1292/2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (') (the basic Regulation’), and in particular Article 9(4) and Article 11(3), (5) and (6) thereof, Having regard to the proposal submitted by the European Commission (‘Commission’) after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigations and existing anti-dumping measures (1) In August 2001, by Regulation (EC) No 1676/2001 (), the Council imposed a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film orig- inating, inter alia, in India. The measures consisted of an ad valorem anti-dumping duty ranging between 0 % and 62,6 % imposed on imports from individually named exporting producers, with a residual duty rate of 53,3 % on imports from all other companies. 2) In August 2001, the Commission, by Decision 2001/645[EC (%), accepted price undertakings offered by five Indian producers. The acceptance of the undertakings was subsequently withdrawn (¥ in March 2006. (3)  In March 2006, by Regulation (EC) No 366/2006 (°), the Council amended the measures imposed by Regulation (EC) No 1676/2001. The anti-dumping duty imposed ranged between 0 % and 18 %, taking into account the 343, 22.12.2009, p. 51. 227, 23.8.2001, p. 1. 227, 23.8.2001, p. 56. 68, 8.3.2006, p. 37. 68, 8.3.2006, p. 6. 4) In (5) In findings of the expiry review of the definitive counter- vailing duties which are detailed in Council Regulation (EC) No 367/2006 (5). September 2006, by  Regulation  (EC) No 1424/2006 (), the Council, following a new exporting producer request, amended Regulation (EC) No 1676/2001 in respect of one Indian exporter. The amended Regulation established a dumping margin of 15,5 % for cooperating companies not included in the sample and an anti-dumping duty rate of 3,5 % for the company concerned taking into account the company’s export subsidy margin as ascertained in the anti-subsidy investigation which led to the adoption of Regulation (EC) No 367/2006. Since the company did not have an individual countervailing duty, the rate established for all other companies was applied. November 2007, by Regulation (EC) No 1292/2007 (%), the Council imposed a definitive anti- dumping duty on imports of PET film originating in India following an expiry review pursuant to Article 11(2) of the basic Regulation. By the same Regu- lation a partial interim review pursuant to Article 11(3) of the basic Regulation, limited in scope to the exam- ination of dumping in respect of one Indian exporting producer was terminated. (6)  Regulation (EC) No 1292/2007 also maintained the extension of the measures to Brazil and Israel with certain companies being exempted. The last amendment to Regulation (EC) No 1292/2007 in this regard was made by Council Implementing Regulation (EU) No 806/2010 (9). (7). In January 2009, by Regulation (EC) No 15/2009 (1), the ( ( ( ( (1 6 7 8 9 0 Council, following a partial interim review initiated by the Commission on its own initiative concerning the subsidisation of five Indian PET film producers, amended the definitive anti-dumping duties imposed on these companies by Regulation (EC) No 1292/2007 and the definitive countervailing duties imposed on these companies by Regulation (EC) No 367/2006. ) OJ L 68, 8.3.2006, p. 15. ) OJ L 270, 29.9.2006, p. 1. ) OJ L 288, 6.11.2007, p. 1. ) OJ L 242, 15.9.2010, p. 6. ) OJ L 6, 10.1.2009, p. 1.