L 2426 Official Journal of the European Union 15.9.2010 COUNCIL IMPLEMENTING REGULATION (EU) No 806/2010 of 13 September 2010 amending Regulations (EC) No 1292/2007 and (EC) No 367/2006 as regards the granting of an exemption from the measures imposed under those Regulations to one Israeli exporter of polyethylene terephthalate (PET) film originating in India and terminating the registration of imports from that exporter 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 anti-dumping Regulation) and in particular Articles 11(4) and 13(4) thereof, Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (3) (the basic anti-subsidy Regulation) and in particular Articles 20, 23(5) and (6) thereof, Having regard to the proposal from the European Commission after consulting the Advisory Committee, Whereas: A. MEASURES IN FORCE (1) The Council, by Regulations (EC) No 1676/2001 (*) and (EC) No 2597/1999 () imposed anti-dumping and countervailing measures respectively on PET film orig- inating, inter alia, in India (the original measures). By Regulations (EC) No 1975/2004 (°) and (EC) No 1976/2004 (), the Council extended these measures to PET film consigned from Israel and from Brazil (the extended measures) with the exception of imports produced by one Brazilian company, Terphane Ltd, and one Israeli company, Jolybar Ltd, specifically mentioned in each of those Regulations. (2) By Regulation (EC) No 101/2006 () the Council amended Regulations (EC) No 1975/2004 and (EC) No 1976/2004 in order to exempt one other Israeli company, Hanita Coatings Rural Cooperative Association Ltd, from the extended measures. (3)  Following an expiry review of the anti-dumping measures, the Council, by Regulation (EC) No 1292/2007 (%), imposed an anti-dumping duty on L 343, 22.12.2009, p. 51. L 188, 18.7.2009, p. 93. L 227, 23.8.2001, p. 1. L 316, 10.12.1999, p. 1. L 342, 18.11.2004, p. 1. L 342, 18.11.2004, p. 8. imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and terminating a partial interim review of such imports pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ L 288, 6.11.2007, p. 1). imports of polyethylene terephthalate (PET) film orig- inating in India and maintained the extension of that duty to imports of the same product consigned from Brazil and from Israel, whether or not declared as orig- inating in Brazil or Israel, with the exception of certain producers specified in Articles 2(4) of that Regulation (the anti-dumping measures in force). (4)  Following an expiry review of the countervailing measures, the Council, by Regulation (EC) No 367/2006 (°) imposed a countervailing duty on imports of polyethylene terephthalate (PET) film originating in India and maintained the extension of that duty to imports of the same product consigned from Brazil and from Israel, whether or not declared as originating in Brazil or Israel, with the exception of certain producers specified in Article 1(3) of that Regulation (the countervailing measures in force). The anti- dumping measures in force and the countervailing measures in force shall hereinafter together be referred to as ‘the anti-dumping and countervailing measures in force. (5)  Regulations (EC) No 1292/2007 and (EC) No 367/2006 were last amended by Council Regulation (EC) No 15/2009 (19). B. CURRENT INVESTIGATION 1. Request for a review (6)  The Commission subsequently received a request for an exemption from the extended measures pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regu- lation and Articles 20, 23(5) and 23(6) of the basic anti- subsidy Regulation. The application was lodged by S.Z.P. Plastic Packaging Products Ltd (SZP), a producer in Israel (the country concerned). 2. Initiation of a review (7)  The Commission examined the evidence submitted by SZP and considered it sufficient to justify the initiation of an investigation pursuant to Articles 11(4) and 13(4) of the basic anti-dumping Regulation and Articles 20, 23(5) and 23(6) of the basic anti-subsidy Regulation for the purposes of determining the possibility of granting SZP an exemption from the extended measures. After consultation of the Advisory Committee, (°) Council Regulation (EC) No 367/2006 of 27 February 2006 imposing a definitive countervailing duty on imports of poly- ethylene terephthalate (PET) film originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 2026/97 (O] L 68, 8.3.2006, p. 15). (19 OJ L 6, 10.1.2009, p. 1.