12.10.2004 Official Journal of the European Union L 3131 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1754/2004 of 4 October 2004 amending Regulation (EC) No 176/2000 amending Regulation (EC) No 1015/94 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan 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 (') (the ‘basic Regulation’), Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) The Council, by Regulation (EC) No 1015/94 (3), imposed a definitive anti-dumping duty on imports of television camera systems (TCS’) originating in Japan. The Council subsequently confirmed the definitive anti-dumping duty by Regulation (EC) No 2042/2000 (%), in accordance with Article 11(2) of the basic Regulation. 2 In Article 1(3)(e) of Regulation (EC) No 1015/94 and Regulation (EC) No 2042/2000 (the definitive Regu- lations’), the Council specifically excluded from the scope of the anti-dumping duty camera systems which are listed in the Annex to the definitive Regulations (‘the Annex’), representing high-end professional camera systems technically falling within the product definition under Article 1(2) of the definitive Regulations, but which cannot be regarded as television camera systems. (3)  One exporting producer, namely lkegami Tsushinki Co. Ltd. (Tkegami), requested by letter, received by the Commission on 15 April 1999, to add certain new models of professional camera systems including their accessories to the Annex and thus to exempt them from the scope of the anti-dumping duties. In January (*) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). (®» OJ L 111, 30.4.1994, p. 106. Regulation as last amended by Regu- lation (EC) No 176/2000 (O] L 22, 27.1.2000, p. 29). (®) OJ L 244, 29.9.2000, p. 38. Regulation as last amended by Regu- lation (EC) No 825/2004 (O] L 127, 29.4.2004, p. 12). 2000, the Council by Regulation (EC) No 176/2000 (¥ (the ‘amending Regulation’) granted this request and amended Regulation (EC) No 1015/94 accordingly. In accordance with Article 2 of Regulation (EC) No 176/2000, this amendment entered into force the day following that of its publication in the Official Journal of the European Communities, ie. 28 January 2000. B. PRESENT EXAMINATION (4  The Community Institutions received information that it would be appropriate to apply the amending Regulation, in so far as it amended the Annex to Regulation (EC) No 1015/94 retroactively. (5)  Indeed, one exporting producer, namely Ikegami had to pay the definitive anti-dumping duty for all exports of its professional camera systems subject to the amending Regulation but made prior to the date of entry into force of this Regulation, ie. prior to 28 January 2000, although these models have subsequently been exempted from the duty in accordance with Article 1(3)(e) of the definitive Regulations. (6) In this context, the exporting producer concerned referred also to the prior practice of the Community Institutions, according to which an amendment of the Annex was generally applied retroactively to the date of the request whenever appropriate. Therefore, the exporting producer concerned claimed that the amendment of the Annex pursuant to the amending Regulation should be applied from the date of receipt by the Commission of the relevant request for exemption from the definitive duty, ie. 15 April 1999 in accordance with the consistent practice of the Community Institutions. (7)  The Commission examined whether the retroactive appli- cation of the amending Regulation would indeed be appropriate. In this respect it was first considered that all professional camera models mentioned in recital (5) have indeed been qualified as professional camera systems. In accordance with Article 1(3)(e) of the defi- nitive Regulations these cameras are exempted from the definitive anti-dumping duty by virtue of their inclusion in the Annex. () O L 22, 27.1.2000, p. 29.