5.6.2003 Official Journal of the European Union L 138/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 960/2003 of 2 June 2003 imposing a definitive countervailing duty on imports of recordable compact disks originating in THE COUNCIL OF THE EUROPEAN UNION, 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 15 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Present proceeding On 17 May 2002, the Commission announced, by notice published in the Official Journal of the European Communities (*), the initiation of an anti-subsidy proceeding with regard to imports into the Community of recordable compact disks (‘CD-Rs’) originating in India and commenced an investigation. The initiation of a parallel anti-dumping proceeding concerning imports of the same product originating in the same country was announced by a notice published in the Official Journal of the European Communities (}), on the same date. The proceeding was initiated as a result of a complaint lodged in April 2002 by the Committee of European CD-Rs Manufacturers (‘CECMA’), acting on behalf of producers representing a major proportion of the total Community production of CD-Rs. The complaint contained evidence of subsidisation of the product concerned and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission officially advised the complainant Community producers, as well as the other known Community producers, the exporting producer, impor- ters and users association known to be concerned and () OJ L 288, 21.10.1997, p. 1. Regulation as amended by Regulation (EC) No 1973/2002 (O] L 305, 7.11.2002, p. 4). 116, 17.5.2002, p. 4. 116, 17.5.2002, p. 2. India the representatives of India of the initiation of the proceeding. Interested parties were given the opportu- nity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. The Government of India, the sole exporting producer in India during the IP, as well as the complainant and other Community producers, importers, consumers association and suppliers, made their views known in writing. All parties who so requested within the above time limit and indicated that there were particular reasons why they should be heard were granted a hearing. Certain parties contended that the applicant Community producers did not fulfil the requirements of Article 10(8) of Council Regulation (EC) No 2026/97 (basic Regula- tion’) and that the initiation of the investigation was not warranted. In this respect, it should be noted that the conditions for initiation, and in particular the 25 % and 50 % thresholds of Article 10(8), were met and, there- fore, the initiation of the investigation was warranted. It has been claimed that one of the complainant Community producers should not have been taken into account for the purpose of determining the representa- tivity of the applicants since this company allegedly lost its right to produce the product concerned for reasons of intellectual property rights. It should be noted that the company in question was de facto producing and selling the product concerned on the Community market during the IP and that it coop- erated in this investigation. The mere fact that this producer was involved in a legal proceeding does not imply automatically its exclusion from the definition of the Community industry. In addition, it was found that the company appealed the Court decision according to which it would have lost its licence. Given that no final decision has been taken it was in any event not possible to conclude that the producer had definitely lost its right to produce CD-Rs. The argument was therefore rejected.