Where any new exporting producer in India provides sufficient evidence to the Commission that

• it did not export to the Community the products described in Article 1(1) during the investigation period (1 October 2001 to 30 September 2002) and

• it is not related to any of the exporters or producers in India which are subject to the anti-subsidy measures imposed by this Regulation and

• it has actually exported to the Community the products concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community,

then the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(3) by adding that new exporting producer to the list in the Annex.