14.12.2011 Official Journal of the European Union L 33043 COMMISSION DECISION of 13 December 2011 terminating the anti-subsidy proceeding concerning imports of certain polyethylene terephthalate originating in Oman and Saudi Arabia (2011/834/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (') (the basic Regulation) and in particular Article 14 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE On 3 January 2011, the European Commission (Commission) received a complaint concerning the alleged subsidisation of certain polyethylene terephthalate (PET) originating in Oman and Saudi Arabia (the countries concerned), thereby causing injury to the Union Industry. The complaint was lodged by the Committee of Poly- ethylene Terephthalate (PET) Manufacturers in Europe (CPME) (the complainant) on behalf of producers repre- senting a major proportion, in this case more than 50 %, of the total Union production of certain PET pursuant to Article 10 of the basic Regulation. The complaint contained prima facie evidence of the existence of subsidisation and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-subsidy proceeding. Prior to the initiation of the proceeding and in accordance with Article 10(7) of the basic Regulation, the Commission notified the governments of Oman and Saudi Arabia that it had received a properly docu- mented complaint alleging that subsidised imports of certain PET originating in Oman and Saudi Arabia were causing material injury to the Union Industry. The () OJ L 188, 18.7.2009, p. 93. (10) (11) ) ) O] O] governments of Oman and Saudi Arabia were separately invited for consultations with the aim of clarifying the situation as regards the content of the complaint and arriving at a mutually agreed solution. During the consul- tations no mutually agreed solution was found. The Commission, after consultation of the Advisory Committee, by a notice published in the Official Journal of the European Union (3) on 16 February 2011, initiated an anti-subsidy proceeding concerning imports into the European Union of certain PET originating in Oman and Saudi Arabia. On the same day, the Commission initiated an anti- dumping proceeding concerning imports into the Union of certain PET originating in the countries concerned (3). The Commission sent questionnaires to the Union industry, to the exporters/producers in the countries concerned, to the importers, to any association known to be concerned, and to the authorities of the countries concerned. 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. All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing. B. WITHDRAWAL OF THE COMPLAINT TERMINATION OF THE PROCEEDING AND By a letter of 12 October 2011 to the Commission, the CPME formally withdrew its complaint. In accordance with Article 14(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest. In this respect it is noted that Commission did not identify any reason to indicate that termination would not be in the Union interest, nor was any such reason raised by interested parties. Therefore, the Commission considered that the present proceeding should be terminated. Interested parties were informed accordingly and were given the opportunity to comment. C 49, 16.2.2011, p. 21. C 49, 16.2.2011, p. 16.