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Where any party from the People’s Republic of China provides sufficient evidence to the Commission that it:

(a) did not export the goods referred to in Article 1(1) originating in the People’s Republic of China during the period of investigation, that is 1 January 2007 to 31 December 2007;

(b) is not related to an exporter or producer subject to the measures imposed by this Regulation; and (c) has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Community after the end of the period of investigation; the Council, acting by simple majority on a proposal by the Commission, after consulting the Advisory Committee, may amend Article 1(2) in order to attribute to that party the duty applicable to cooperating producers not in the sample, i.e. EUR 345,86 per tonne of fuel.