19.11.2005 Official Journal of the European Union L 302/79 COMMISSION DECISION of 17 October 2005 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of potassium chloride originating in the Russian Federation (2005/802/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 Article 8 thereof, After consulting the Advisory Committee, Whereas: I. PROCEDURE (1) By Regulation (EEC) No 3068/92 (3, the Council imposed definitive anti-dumping duties on imports of potassium chloride originating, inter alia, in Russia (the existing measures). (20 In March 2004, by means of a notice published in the Official Journal of the European Union (), the Commission launched, on its own initiative, a partial interim review of the existing measures to examine whether they should be amended to take account of the enlargement of the European Union to 25 Member States on 1 May 2004 (enlargement). (3)  The results of that partial interim review showed that it was in the interests of the Community to provide for the temporary adaptation of the existing measures so as to avoid a sudden and excessively negative impact on importers and users in the 10 new Member States (the EU10) immediately following enlargement. (4 To this end, in May 2004, by Regulation (EC) No 1002/2004 (%), the Commission accepted undertakings from, inter alia, two exporting producers in Russia, namely JSC Silvinit and JSC Uralkali, in respect of their exports to the EU10. In addition, in order to provide (") 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 308, 24.10.1992, p. 41. Regulation as last amended by Regu- lation (EC) No 1891/2005 (see page 14 of this Official Journal). () O] C 70, 20.3.2004, p. 15. (*) OJ L 183, 20.5.2004, p. 16. Regulation as amended by Regulation (EQ) No 588/2005 (O] L 98, 16.4.2005, p. 11). () ©) () for the exemption from the anti-dumping duties imposed by Regulation (EEC) No 3068/92 on imports made under the terms of the undertakings, Regulation (EEC) No 3068/92 was amended by Regulation (EC) No 992/2004 (). In June 2005, pursuant to Regulation (EC) No 858/2005 (%), the Commission accepted new under- takings for exports to the EU10 by these Russian companies for a further period which will expire on 13 April 2006. In the meantime, in January 2004, separate requests were received from JSC Silvinit and JSC Uralkali (the applicants) for individual partial interim reviews of the existing measures pursuant to Article 11(3) of the basic Regulation. Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of partial interim reviews, the Commission published notices of initiation and commenced an inves- tigation (7). Pursuant to the findings of these two partial interim reviews, by Regulation (EC) No 1891/2005, the Council amended the rates of the anti-dumping duty imposed against the applicants. II. UNDERTAKINGS As mentioned above, the Commission has accepted undertakings offered by the applicants with regard to their exports to the EU10. In this regard it should be recalled from Regulation (EC) No 992/2004 that these undertakings were of a transitional nature and intended as interim measure allowing potassium chloride purchase prices in the EU10 to rise to those prevailing in the in the Community as constituted immediately before enlar- gement (the EULS5). Furthermore, these EU10 under- takings were not directly equivalent to an anti-dumping duty since the minimum import prices (MIPs) established were, exceptionally, at lower levels than would usually be the case (i.e they were set at levels which did not fully eliminate the injurious effect of dumping). 182, 19.5.2004, p. 23. oL 0] L 143, 7.6.2005, p. 11. 0] C 93, 17.4.2004, p. 2.