
Article 1 

1. A definitive anti-dumping duty is hereby imposed on imports of mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution falling within CN code 3102 80 00 and originating in Algeria, Belarus, Russia and Ukraine.
2. The amount of duty in euro per tonne shall be as follows:
Country Manufacturer Amount of duty (per tonne) TARIC additional code
Algeria All companies EUR 6,88 A999
Belarus All companies EUR 17,86 —
Russia 
JSC Nevinnomyssky Azot357030 Russian FederationStavropol regionNevinnomyssk, Nizyaev st. 1
 EUR 17,8 A176
All other companies EUR 20,11 A999
Joint Stock Company Acron EUR 20,11 A932
Ukraine All companies EUR 26,17 —
3. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93, the amount of anti-dumping duty, calculated on the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
4. Notwithstanding paragraph 1, the definitive anti-dumping duty shall not apply to imports released into free circulation in accordance with Article 2 or Article 2a.
5. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2 

1. Imports declared for release into free circulation under the following TARIC additional codes which are produced and directly exported (i.e. shipped and invoiced) by the company named below to a company in the Community acting as an importer shall be exempt from the anti-dumping duty imposed by Article 1 provided that such imports are imported in conformity with paragraph 2 of this Article.
Country Company TARIC additional code
Algeria 
Fertalge Industries spa12, Chemin AEK GadoucheHydra, Alger
 A107
2. The exemption shall be conditional upon presentation to the relevant Member State’s customs services of a valid undertaking invoice issued by the exporting company containing the essential elements listed in the Annex to this Regulation.
Article 2a 

1. Imports of mixtures of urea and ammonium nitrate for release into free circulation which are invoiced by the company from which an undertaking is accepted by the Commission and whose name is listed in the Commission Decision 2008/649/EC, as from time to time amended, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:
— they are manufactured, shipped and invoiced directly by the said producer to the first independent customer in the Community, and
— such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in Annex of this Regulation, and
— the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.
2. A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:
— whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled, or
— when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of the basic Regulation in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.
Article 3 
This Regulation shall enter into force on the day following 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.
ANNEX

Elements to be indicated in the undertaking invoice referred to in Article 2(2) and Article 2a:

1.. The TARIC additional code under which the goods on the invoice may be customs cleared at Community borders (as specified in the appropriate Regulation or Decision).
2.. The exact description of the goods, including:

— CN code,
— the nitrogen (N) content of the product (in percentages),
— quantity (to be given in tonnes).
3.. The description of the terms of the sale, including:

— price per tonne,
— the applicable payment terms,
— the applicable delivery terms,
— total discounts and rebates.
4.. The name of the unrelated importer to which the invoice is issued directly by the company.
5.. The name of the official of the company that has issued the undertaking invoice and the following signed declaration:
'I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the undertaking offered by [company], and accepted by the European Commission through Regulation (EC) No 617/2000 or Decision 2008/649/EC (as appropriate). I declare that the information provided in this invoice is complete and correct.'.
