L 67/50 Official Journal of the European Union 12.3.2009 COMMISSION REGULATION (EC) No 194/2009 of 11 March 2009 imposing a provisional countervailing duty on imports of biodiesel originating in the United States of America 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 (') (‘the basic Regulation’), and in particular Article 12 thereof, After consulting the Advisory Committee, Whereas: 1. PROCEDURE On 13 June 2008, the Commission announced, by a notice (notice of initiation’) published in the Official Journal of the European Union (), the initiation of an anti-subsidy proceeding (‘AS investigation’ or ‘the inves- tigation’) with regard to imports into the Community of biodiesel originating in the United States of America (USA’ or ‘country concerned)). On the same day, the Commission announced by a notice published in the Official Journal of the European Union (?), the initiation of an anti-dumping proceeding with regard to imports into the Community of biodiesel originating in the USA and commenced a separate investigation (‘AD proceeding). The AS investigation was initiated following a complaint lodged on 29 April 2008 by the European Biodiesel Board (the complainant) on behalf of producers rep- resenting a major proportion, in this case more than 25 % of the total Community production of biodiesel. The complaint contained prima facie evidence of subsidi- sation of the said product and of material injury resulting 288, 21.10.1997, p. 1. o L 0] C 147, 13.6.2008, p. 10. 0] C 147, 13.6.2008, p. 5. therefrom, which was considered sufficient to justify the initiation of the AS investigation. Prior to the initiation of the proceeding and in accordance with Article 10(9) of the basic Regulation, the Commission notified the Government of the USA that it had received a properly documented complaint alleging that subsidised imports of biodiesel originating in the USA were causing material injury to the Community industry. The Government of the USA was invited for consultations with the aim of clarifying the situation as regards the contents of the complaint and arriving at a mutually agreed solution. The Government of the USA accepted the offer of consultations and consultations were subsequently held on 2 June 2008. During the consultations, no mutually agreed solution could be arrived at. However, due note was taken of comments made by the authorities of the USA high- lighting that for some state programmes in the complaint, it was not always clear from the information contained therein that there were countervailable benefits to producersfexporters of biodiesel in the USA. Having examined the available information, it was decided to exclude the following state schemes from the scope of investigation even though they are listed in the notice of initiation: Florida renewable energy technology grants program, Texan new technology research and develop- ment program, Washington state energy freedom program (second part), Alabama alternative fuels and research development fund, North Dakota biodiesel sales equipment tax credit and Nebraska alternative fuel vehicle and refuelling infrastructure loans. The Commission officially advised exporters/producers in the USA, importers, suppliers, users and associations known to be concerned, the authorities of the USA, the complainant Community producers and other Community producers known to be concerned of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing. 1.1. Sampling of exporters in the USA In view of the apparent large number of exporters| producers in the USA, sampling was provided for in the notice of initiation for the determination of subsidi- sation in accordance with Article 27 of the basic Regu- lation.