18.8.2000 Official Journal of the European Communities L 208/47 COMMISSION DECISION of 26 July 2000 amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway (notified under document number C(2000) 2299) (2000/522/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (), as last amended by Regulation (EC) No 905/98 (3, and in particular Article 8 thereof, Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (%), and in particular Article 13 thereof, After consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) On 31 August 1996, the Commission announced, by two separate notices published in the Official Journal of the FEuropean Communities, the initiation of an anti- dumping proceeding (*) as well as an anti-subsidy proceeding (°) in respect of imports of farmed Atlantic salmon originating in Norway. (2)  The Commission sought and verified all informaton that it deemed necessary for the purpose of its definitive findings. As a result of this examination, it was estab- lished that definitive anti-dumping and countervailing measures should be adopted in order to eliminate the injurious effects of dumping and subsidisation. All inter- ested parties were informed of the results of the invest- igation and were given the opportunity to comment thereon. (3) On 26 September 1997, the Commission adopted Decision 97/634/[EC (%), accepting undertakings offered in connection with the two above-mentioned proceed- ings from the exporters listed in the Annex to the Decision and terminating the investigations in their respect. () O] L 56, 6.3.1996, p. 1. () O] L 128, 30.4.1998, p. 18. () O] L 288, 21.10.1997, p. 1. () O] C 253, 31.8.1996, p. 18. () O] C 253, 31.8.1996, p. 20. (®) OJ L 267, 30.9.1997, p. 81. Decision as last amended by Regula- tion (EC) No 2592/1999, (O] L 315, 9.12.1999, p. 17). (4 On the same day, the Council, by Regulations (EC) No 1890/97 () and (EC) No 1891/97 (¥ imposed anti- dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway. Imports of farmed Atlantic salmon exported by companies from which an undertaking had been accepted were exempted from that duty pursuant to Article 1(2) of those Regula- tions. (5)  The above-mentioned Regulations set out the definitive findings and conclusions on all aspects of the investiga- tions. The form of the duties having been reviewed, Regulations (EC) No 1890/97 were replaced by Council Regulation (EC) No 772/1999 (°). B. OBLIGATIONS OF EXPORTERS WITH UNDERTAKINGS (6)  The text of the undertakings provides that failure to submit a quarterly report of all sales transactions to the first unrelated customer in the Community within a prescribed time-limit would, except in case of force majeure, be construed as a violation of the undertaking. (7)  For the fourth quarter of 1999, one Norwegian company, Fryseriet AS, failed to present such a sales report within the prescribed time limit, despite a reminder sent to it 24 hours before the quaterly dead- line. The company was subsequently given an oppor- tunity to inform the Commission of any reasons which may have prevented its report from being received within the time limit, however, no reply was received. (8)  Fryseriet AS was then sent disclosure in writing concerning the essential facts and considerations on the basis of which it was intended to recommend the impo- sition of definitive duties against it. The company was also given an opportunity to submit comments and request a hearing, however, as before, it did not react. (9)  In view of the above, it is considered necessary to with- draw acceptance of the undertaking offered by Fryseriet AS and to impose definitive anti-dumping and counter- vailing duties against it. Accordingly, the name of this company should be deleted from the Annex to Decision 97/634/EC which lists the companies from which undertakings are accepted. ] L 267, 30.9.1997, p. 1. 0 () O] L 267, 30.9.1997, p. 19. OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regula- tion (EC) No 26521999, (O] L 325, 17.12.1999, p. 1).