Introductory text

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^f1 (the basic Regulation), and in particular Articles 8 and 9 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

The Council, by Regulation (EC) No 2229/2003^f2, imposed definitive anti-dumping duties on imports of silicon originating in Russia (the definitive Regulation).

SKU LLC, Sual-Kremny-Ural and ZAO KREMNY, cooperating exporting producers in Russia, belonging to the SUAL Holding Group, together with their related trader, ASMP GmbH, in Switzerland (SKU LLC, Sual-Kremny-Ural; ZAO KREMNY and ASMP GmbH are hereinafter jointly referred to as the company), offered an acceptable undertaking prior to the publication of the definitive findings but at a stage when it was administratively impossible to include its acceptance in the definitive Regulation.

The Commission, by Decision 2004/445/EC^f3, accepted the undertaking offered by the company. The reasons for accepting this undertaking are set out in that Decision. The Council recognises that the revised undertaking offer eliminates the injurious effect of dumping and minimises the risk of circumvention in the form of cross-compensation with other products.

In view of the acceptance of the undertaking, it is necessary to amend Regulation (EC) No 2229/2003 accordingly,

HAS ADOPTED THIS REGULATION: