31.7.98 Official Journal of the European Communities L 214/61 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 29 July 1998 terminating the anti-subsidy proceeding concerning imports of cochineal carmine originating in Peru (notified under document number C(1998) 2410) (98/478/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community ('), and in particular Article 14(1) thereof, After consulting the Advisory Committee, Whereas: I. PROCEDURE (1)  In September 1997, the Commission received a complaint concerning alleged injurious subsidisa- tion of imports of cochineal carmine originating in Peru. (20 The complaint was lodged by Xantoflor SA (Monteagudo, Spain) which represents more than 25 % of Community production of the product concerned, and was supported by Alchim SA and Sofral SA (Illkirch, France). Together these produ- cers represent a major proportion of Community production of cochineal carmine as defined in Article 10(8) of Council Regulation (EC) No 2026/ 97 as none of the other producers expressed its opinion on the complaint. (3)  The complaint contained prima facie evidence of the existence of countervailable subsidies on coch- ineal carmine and material injury resulting there- () OJ L 288, 21. 10. 1997, p. 1. from which was considered sufficient to justify the initiation of a proceeding. (49 Accordingly, the Commission, after consultation, announced in a notice published in the Official Journal of the European Communities(?) the initiation of an anti-subsidy proceeding concerning imports into the Community of cochineal carmine falling within CN code ex 320500 00 originating in Peru. (5)  The Commission officially advised the exporters and importers known to be concerned, the repres- entatives of the exporting country and the com- plainant Community producers. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation. II. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING (6)  Of the three producers that supported the complaint, only Xantoflor SA and Alchim SA supplied the Commission with a comprehensive reply to its questionnaire and thus cooperated with the investigation. These producers account for more than 25 % of total Community production of the product concerned. As no Community produ- cers opposed the present investigation these () OJ C 335, 6. 11. 1997, p. 5.