L17/4 Official Journal of the European Union 24.1.2004 COMMISSION REGULATION (EC) No 117/2004 of 23 January 2004 amending Regulation (EC) No 1628/2003 imposing a provisional anti-dumping duty on imports of large rainbow trout originating in Norway and the Faeroe Islands 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 1972/2002 (3 (the basic Regu- lation), and in particular Articles 7 and 8 thereof, After consulting the Advisory Committee, Whereas: UNDERTAKING (1)  The Commission, by Regulation (EC) No 1628/2003 () (the provisional Regulation) imposed a provisional anti- dumping duty on imports of large rainbow trout origin- ating in Norway and the Faeroe Islands. (2)  Subsequent to the adoption of provisional anti-dumping measures, two groups of cooperating companies in the Facroe Islands, ie. (i) P/F PRG Export together with its related producer P[F Luna and (i) P[F Vestsalmon together with its related producer P[F Vestlax (hereinafter referred to as the companies), offered price undertakings in accordance with Article 8(1) of the basic Regulation. In these undertakings, the companies have offered to sell the product concerned at or above price levels that elim- inate the injurious effects of dumping. (3)  The companies will also provide the Commission with regular and detailed information concerning their exports to the Community, as well as the resales of the product concerned made by related parties in the Com- munity, meaning that the undertakings can be moni- tored effectively by the Commission. Furthermore, the sales structure of these companies is such that the Commission considers the risk of circumventing the agreed undertakings is limited. (4)  In view of this, the undertakings are acceptable. (5)  In order to enable the Commission to monitor effectively the companies compliance with the undertakings, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional upon the presentation of an invoice containing at least the items of information listed in the Annex attached to this Regulation. This level of information is also neces- sary to enable customs authorities to ascertain with suffi- OJ L 56, 6.3.1996, p. 1. () OJ L 305,7.11.2002, p. 1. 0] L 232, 18.9.2003, p. 29. cient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty will instead be payable. (6)  In the event of a breach or withdrawal of the under- taking, or a suspected breach, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation, HAS ADOPTED THIS REGULATION: Atrticle 1 1. The following Article is added to Regulation (EC) No 1628/2003: ‘Article 2 1. The undertakings offered by the companies named below in connection with the present anti-dumping proceeding are hereby accepted. Imports under the following TARIC additional code which are produced and directly exported (i.e. shipped and invoiced) by these companies to a company in the Community acting as an importer shall be exempt from the anti-dumping duties imposed by Article 1 provided that they are imported in conformity with paragraph 2. Count C TARIC ountry ompany additional code Faeroe Islands | P/F PRG Export together with A474 its related producer P[F Luna, FO-510 Gota Faeroe Islands | P[F Vestsalmon together with A475 its  related producer PJF Vestlax, PO Box 82, FO-410 Kollafjordur 2. Imports mentioned in paragraph 1 shall be exempt from the duty on condition that: (a) a commercial invoice containing at least the elements listed in the Annex is presented to Member States customs authorities upon presentation of the declara- tion for release into free circulation; and (b) the goods declared and presented to customs corre- spond precisely to the description on the commercial invoice.’