{
  "url": "https://openlegislation.uk/eu-regulation-2006-268/article-1",
  "json_url": "https://openlegislation.uk/eu-regulation-2006-268/article-1.json",
  "legislation": "eur/2006/268",
  "legislation_title": "Council Regulation (EC) No 268/2006 of 14 February 2006 amending Regulation (EC) No 1212/2005 imposing a definitive anti-dumping duty on imports of certain castings originating in the People’s Republic of China",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2006-268",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "Regulation (EC) No 1212/2005 is hereby amended as follows:\n1.. the following paragraph shall be added to Article 1:\n‘4. Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:\nit did not export to the Community the product described in paragraph 1 during the investigation period (1 April 2003 to 31 March 2004),\nit is not related to any of the exporters or producers in the People’s Republic of China which are subject to the anti-dumping measures imposed by this Regulation,\nit has actually exported to the Community the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community,\nit operates under market economy conditions defined in Article 2(7)(c) of the basic Regulation or alternatively that it fulfils the requirements to have an individual duty in accordance with Article 9(5) of the basic Regulation,\nthe Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend paragraph 2 by adding the new exporting producer (i) to the companies subject to the duty rate of 0 % applicable to companies to whom market economy treatment was granted in accordance with Article 2(7)(c) of the basic Regulation or (ii) to the companies subject to the weighted average duty rate of 28,6 % applicable to companies to whom individual treatment was granted in accordance with Article 9(5) of the basic Regulation respectively.’;\n2.. the following Article shall be added after Article 1:\n‘Article 2 1. Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in Commission Decision 2006/109/EC, as from time to time amended shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:\nthey are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community, and\nsuch imports are accompanied by a valid undertaking invoice. An undertaking invoice is a commercial invoice containing at least the elements and the declaration stipulated in the Annex, and\nthe goods declared and presented to customs correspond precisely to the description on the undertaking invoice.\n2. A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation whenever it is established, in respect of goods described in Article 1 and exempt from anti-dumping duty under the conditions listed in paragraph 1, that one or more of such conditions are not fulfilled. The second condition set out in paragraph 1 shall be considered as not being fulfilled where the undertaking invoice is found not to comply with the provisions of the Annex. It shall also be considered as not fulfilled where the undertaking invoice is found not to be authentic and where the Commission has withdrawn the acceptance of the undertaking pursuant to Article 8(9) of the basic Regulation in a Regulation or Decision which refers to (a) particular transaction(s) and declares the relevant undertaking invoice(s) as invalid.\n3. Importers shall accept as a normal trade risk, that the non-fulfilment, by any party, of one or more of the conditions listed in paragraph 1 and further defined in paragraph 2 may give rise to a customs debt incurred pursuant to Article 201 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code. The customs debt incurred shall be recovered upon withdrawal by the Commission of the acceptance of the undertaking.’;\n3.. Article 2 shall be renumbered Article 3;\n4.. the Annex to this Regulation shall be added to Regulation (EC) No 1212/2005.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 47, 17.2.2006, p. 59."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).’;"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2006/268/article/1",
    "retrieved_at": "2026-11-01T14:53:54.767936+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}