20.11.2004 Official Journal of the European Union L 344/37 COMMISSION DECISION of 19 November 2004 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of silicon carbide originating, inter alia, in Ukraine (2004/782[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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’), and in particular Articles 8, 21 and 22 (c) thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE (1) By Regulation (EC) No 1100/2000 (), the Council imposed a definitive anti-dumping duty on imports of silicon carbide originating, inter alia, in Ukraine (‘the existing measures). (20 In March 2004, the Commission announced through the publication of a notice in the Official Journal of the European Union (}) the initiation of a partial interim review of the existing measures on imports of the product concerned originating, inter alia, in Ukraine to examine whether they should be amended to take account of certain consequences of the enlargement of the European Union to 25 Member States (‘enlargement’). (3)  The Council concluded that it was in the interest of the Community to provide for the temporary adaptation of (*) 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 125, 26.5.2000, p. 3. Regulation as last amended by Regu- lation (EC) No 991/2004 (O] L 182, 19.5.2004, p. 18). () O] C 70, 20.3.2004, p. 15. the existing measures so as to avoid a sudden and exces- sively negative impact on importers and users in the 10 new Member States acceding to the European Union (the EU-10) immediately following enlargement. It was considered that the best means of achieving this was through the acceptance of an undertaking offered by the co-operating party with an element for a quantitative ceiling. (4 Accordingly, by Decision 2004/498/EC(*), the Commission accepted as a special measure a short-term undertaking from an exporting producer in Ukraine (Open Joint Stock Company Zaporozhsky Abrasivny Combinat). (5)  In order to provide for an exemption from the anti- dumping duties afforded by the acceptance of the under- taking, Regulation (EC) No 1100/2000 was amended by Regulation (EC) No 991/2004. (6) It was stipulated in Decision 2004/498/EC that the acceptance of the undertaking would be limited to an initial period of six months (the original period) without prejudice to the normal duration of the existing measures and that it would lapse after this period unless the Commission considered it appropriate to extend its period of application. (7)  Accordingly, the Commission has examined whether the exceptional and negative conditions for interested parties in the EU-10 which led to acceptance of the undertaking still exist. As part of the overall appraisal, an evaluation of the compliance of the company concerned with its undertaking was also made. B. APPRAISAL 1. Content of the current undertaking (8)  The existing undertaking offered by the company concerned obliges it, inter alia, to export in accordance with its traditional pattern of trade to customers in the EU-10 within the framework of a quantitative ceiling established on the basis of previous, traditional export flows to the EU-10. () O L 183, 20.5.2004, p. 88.