3.9.1999 Official Journal of the European Communities L 233/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1895/1999 of 27 August 1999 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway THE COUNCIL OF THE EUROPEAN UNION, (3)  For the third quarter of 1998, one Norwegian company 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 (!), and in particular Articles 8(9) and 9 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 Articles 13(9) and 15 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL DUTIES (1)  Within the framework of the anti-dumping and anti- subsidy investigations initiated by two separate notices published in the Official Journal of the European Commu- nities (}), the Commission accepted, by Decision 97/634/EC (¥, undertaking offered by the Kingdom of Norway and by 190 Norwegian exporters. (2)  The text of the undertakings provides that failure to submit a quaterly report of all sales transactions to the first unrelated customer in the Community within a prescribed time limit except in the case of force majeure would be construed as a violation of the undertaking, as would non-compliance with the obligation to sell the product concerned on the Community market at or above the minimum prices foreseen in the undertaking. () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (OJ L 128, 30.4.1998, p. 18). (@ O L 288, 21.10.1997, p. 1. () OJ C 253, 31.8.1996, p. 18, and 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 2249/98 (O] L 282, 20.10.1998, p. 57). did not present a report within the prescribed time limit, another Norwegian exporter appeared to have sold the product concerned to the Community market at a price which was below the price envisaged in its undertaking. Two other exporters appeared to have made misleading declarations as to the identity of the exporter and the identity and nature of the sales reported. (4 The Commission therefore had reason to believe that these four companies had breached the terms of their undertakings and consequently, by Regulation (EC) No 929/1999 (°), (hereinafter referred to as the ‘provisional duty Regulation’), imposed provisional anti-dumping and countervailing duties on imports of farmed Atlantic Salmon falling within CN codes ex 0302 12 00, ex 03041013, ex 03032200 and ex 03042013 originating in Norway and exported by the four com- panies listed in Annex II to that Regulation. By the same Regulation, the Commission deleted the companies concerned from the Annex to Decision 97/634/EC, which listed the companies from which undertaking were accepted. B. SUBSEQUENT PROCEDURE (5)  All four Norwegian companies subject to the provisional duties received disclosure in writing concerning the essential facts and considerations on the basis of which these provisional duties were imposed. They were also given an opportunity to submit comments and request a hearing. (6)  Within the time limit set in the provisional duty Regula- tion, all the Norwegian companies concerned submitted comments in writing and one request a hearing, which was granted. Following these submissions, the Commis- sion sought and examined all information it deemed necessary for the purpose of a definitive determination on the apparent violations. () O] L 115, 4.5.1999, p. 13.