10. 2. 90 Official Journal of the European Communities . No L 38/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) ‘No 341/90 of 5 February 1990 accepting undertakings and imposing a definitive anti-dumping duty on imports of ferro-silicon originating in Iceland, Norway, Sweden, Venezuela or Yugoslavia, except those sold for export to the Community by companies whose undertakings have been accepted THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation {(EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsi- dized imports from countries not members of the Euro- pean Economic Community (), and in particular Article 10 thereof, After consultation with the Advisory Committee as provided for in the above Regulation,. Whereas : A. PROCEDURE (1) In 1983 Commission Decision 83/93/EEC () accepted undertakings offered in connection with the anti-dumping proceeding concerning imports of “ferro-silicon originating in Iceland, Norway, Sweden, Venezuela or Yugoslavia and terminated the proceeding. (2)  Following the publication in the Official Journal of - the European Communities -in November 1987 (3} of a notice of expiry of the measures in force, the Commission was asked in December 1987 by the. Comité de Liaison des Industries de Ferro-alliages de la Communauté Economique Européenne, on behalf of: producers representing almost all Community production, to review the said measures. The complaint contained evidence () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 57, 4. 3. 1983, p. 20. () OJ No C 317, 28. 11. 1987, p. 4. showing that expiry of the measures would result in . further injury. or threat of injury, and this evidence was deemed sufficient to justify.the initiation of an investigation. In a notice published in the Official Journal of the European Communities(*), the Commission accordingly announced a review of the anti-dumping measures in- force. (3  Because the Commission failed to announce its intention to review the measure before the-expiry of the relevant five-year period, an exporter contested the legal basis of the new investigation. The . Commission notes that Article 15 (1) of Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the Euro- pean Economic Community () does not lay down any particular formalities for it to announce its intention to review a measure before the expiry of the relevant five-year period; on the other hand, Article 15 (2) lays down that when anti-dumping or countervailing duties and undertakings lapse, five years after the date on which they entered into force or were last amended, the Commission must publish a notice to that effect. Since an interested party provided evidence in December 1987 that the expiry of the: measures would result in further injury, the Commission, under Article 15 (2) of Regulation (EEC) No 2176/84, was no longer bound to publish a notice announcing the lapse of the measures then in force ; those measures therefore: remained in force . pending the outcome ¢f the review published in . June 1988, () OJ No C 145, 2. 6. 1988, p. 4. () OJ No L 201, 30. 7. 1984, p. 1.