
Article 1 
Regulation (EC) No 2229/2003 is hereby amended as follows:

1.. Article 2 shall be re-numbered as Article 3, and Article 3 shall be re-numbered as Article 4;
2.. the following Article shall be inserted:
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Article 2 

1. Imports declared for release into free circulation by companies which offered undertakings accepted by and named in Commission Decision 2004/445/EC shall be exempt from the anti-dumping duties imposed by Article 1; provided that they are produced, shipped and invoiced directly by the said companies to the first independent customer in the Community; and provided that such imports are accompanied by a commercial invoice containing at least the elements listed in the Annex and by a certificate declaring the chemical analysis of each grade of the product concerned specified on the commercial invoice.
2. Exemption from the duty shall further be conditional on the goods declared and presented to customs corresponding precisely to the description on the commercial invoice and to the chemical analysis certificate.'
3.. the following Annex shall be added:
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ANNEX

The following elements shall be indicated in the commercial invoice accompanying sales of silicon to the Community, which are subject to the Undertaking:

1.. the heading “COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING”;
2.. the name of the company mentioned in Article 2(1) issuing the commercial invoice;
3.. the commercial invoice number;
4.. the date of issue of the commercial invoice;
5.. the TARIC additional code under which the goods on the invoice are to be customs cleared at the Community frontier;
6.. the exact description of the goods, including:

— the product code number (PCN),
— the description of the goods corresponding to the PCN,
— the company product code number (CPC),
— the CN code,
— the quantity (in tonnes);
7.. the description of the terms of sale, including:

— the price per tonne,
— the applicable payment terms,
— the applicable delivery terms,
— total discounts and rebates;
8.. the name of the first independent customer in the Community to which the invoice is issued directly by the sales company;
9.. the name of the official of the sales company that has issued the commercial invoice and the following signed declaration:
I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [company name], and accepted by the European Commission through [Decision …]. I declare that the information provided in this invoice is complete and correct.’ 
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Article 2 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.