16. 1. 96 Official Journal of the European Communities No L 11/7 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 December 1995 suspending the proceeding under Council Regulation (EC) No 3286/94 on trade barriers, concerning piracy of Community sound recordings in Thailand and its effects on Community trade in sound recordings (96/40/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization ('), as last amended by Regulation (EC) No 365/95 (3, in particular Articles 11 and 14 thereof, Following consultations in the Advisory Committee, Whereas : On 5 June 1991 the Commission received a complaint, under Regulation (EEC) No 2641/84 of 17 September 1984 on the strengthening of the common commercial policy with regard in particular to protection against illicit commercial practices (%), as last amended by Regulation (EC) No 522/94 (%), from the European Office of the International Federation of the Phonographic Industry (IFPI), representing virtually all producers of sound recor- dings in the Community. The complaint alleged that piracy of Community sound recordings was taking place on a massive scale in Thailand and that such piracy was J No L 349, 31. 12. 1994, p. 71. ] No L 41, 23, 2. 1995, p. 3. J No L 252, 20. 9. 1984, p. 1. 7 No L 66, 10. 3. 1994, p. 10. causing injury to the Community industry, notably by affecting exports of Community sound recordings to Thailand as well as to other third markets. As the complaint provided sufficient evidence, within the meaning of Article 6 (1) of Regulation (EEC) No 2641/84, of the existence of an illicit commercial practice attribu- table to Thailand and of consequent injury, the Commis- sion announced in a notice published in the Official Journal of the European Communities () the initiation of an examination procedure concerning piracy of Commu- nity sound recordings in Thailand. Following the initiation of the proceeding, the Commis- sion conducted a factual and legal examination and presented on 20 February 1992 its examination report to the Advisory Committee established under Regulation (EC) No 2641/84. From this it appeared that, during the reference period, and essentially as a result of the Thai authorities’ failure to properly enforce the then Thai legis- lation on copyright, the level of piracy of sound recor- dings (international repertoire) was likely to have reached 90 %, and that this situation resulted in material injury to the Community industry, notably in the form of lost sales on the Thai market (as well as certain other third markets). Consequently, it appeared that Thailand had therefore violated its international obligation to provide Community producers of sound recordings with effective protection against piracy of their products. This obligation followed from the national treatment provision which () OJ No C 189, 20. 7. 1991, p. 26.