9.12.1999 Official Journal of the European Communities L 315/17 COMMISSION REGULATION (EC) No 2592/1999 of 8 December 1999 amending Regulation (EC) No 1826/1999 amending Regulation (EC) No 929/1999 imposing provi- sional anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway with regard to certain exporters, imposing provisional anti-dumping and countervailing duties on imports of such salmon with regard to certain exporters, amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidies proceedings concerning imports of such salmon and amending Council Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of such salmon THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4 On the same day, the Council, by Regulations (EC) No 1890/97 (%), as last amended by Regulation (EC) No Having regard to the Treaty establishing the European 1895/1999 (), and (EC) No 189197 (1%, as last Community, amended by Regulation (EC) No 1895/1999, imposed anti-dumping and countervailing duties on imports of Having regard to Council Regulation (EC) No 38496 of 22 farmed Atlantic salmon originating in Norway. Imports December 1995 on protection against dumped imports from of farmed Atlantic salmon exported by companies from countries not members of the European Community (), as last which an undertaking had been accepted were exempted amended by Regulation (EC) No 905/98 (3), and in particular from that duty pursuant to Article 1(2) of those Regula- Article 8 thereof, tions. Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from (5)  The abovementioned Regulations set out the definitive countries not members of the European Community (), and in findings and conclusions on all aspects of the investiga- particular Article 13 thereof, tions. The form of the duties having been reviewed, Regulations (EC) No 1890/97 and 189197 were After consulting the Advisory Committee, replaced by Council Regulation (EC) No 772/1999 (1), as last amended by Regulation (EC) No 1826/1999. Whereas: (A) PREVIOUS PROCEDURE (B) PROVISIONAL MEASURES IMPOSED BY REGULA- (1)  On 31 August 1996, the Commission announced, by TION (EC) No 1826/1999 (recital 31 et seq.) two separate notices published in the Official Journal of the European Communities, the initiation of an anti- dumping proceeding (*) as well as an anti-subsidy (6)  The text of the undertakings provides that failure to proceedings () in respect of imports of farmed Atlantic submit a quarterly report of all sales transactions to the salmon originating in Norway. first unrelated customer in the Community within a prescribed time limit (except in case of force majeure), (2 The Commission sought and verified all information would be construed as a violation of the undertaking, as that it deemed necessary for the purpose of its definitive would non-compliance with the obligation to sell the findings. As a result of this examination, it was estab- different presentations of the product concerned (i.e. lished that definitive anti—dumping and countervailing gutted} head_on,etcl) on the Community market at prices measures should be adopted in order to eliminate the which are not below the minimum import prices fore- injurious effects of dumping and subsidisation. All inter- seen in the undertaking. ested parties were informed of the results of the invest- igation and were given the opportunity to comment thereon. (7)  For the first quarter of 1999, two Norwegian companies, Vie de France Norway AS and Janas AS either failed to present a report within the prescribed time limit or appeared to have sold the product concerned to the Community market at prices which were below the prices foreseen in its undertaking. For the fourth quarter of 1998, the Commission also had reason to believe that another Norwegian exporter, Norfra Eksport AS had sold the product concerned to the Community market at prices which were below the prices foreseen in its under- () O] L 56, 6.3.1996, p. 1. taking. () O] L 128, 30.4.1998, p. 18. () O] L 288, 21.10.1997, p. 1. - () O] C 253, 31.8.1996, p. 18. () OJ L 267, 30.9.1997, p. 1. () O] C 253, 31.8.1996, p. 20. () OJ L 233, 3.9.1999, p. 1. () O] L (*) O () oL o (3) On 26 September 1997, the Commission adopted Decision 97/634[EC (%), as last amended by Regulation (EC) No 1826/1999 ('), accepting undertakings offered in connection with the two abovementioned proceed- ings from the exporters listed in the Annex to the Decision and terminating the investigations in their respect. 267, 30.9.1997, p. 81. ] L 267, 30.9.1997, p. 19. 223, 24.8.1999, p. 3. ] L 101, 16.4.1999, p. 1.