24.8.1999 Official Journal of the European Communities L2233 COMMISSION REGULATION (EC) No 1826/1999 of 23 August 1999 amending Regulation (EC) No 929/1999 imposing provisional anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway with regard to certain ex- porters, 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, 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 European 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. (20  The Commission sought and verified all information 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 (%), as last amended by Regulation (EC) No 929/1999 (’), accepting undertakings offered in connection with the two abovementioned proceedings () 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. (9 O] L 267, 30.9.1997, p. 81. () O] L 115, 4.5.1999, p. 13. from the exporters listed in the Annex to the Decision and terminating the investigations in their respect. (4 On the same day, the Council, by Regulations (EC) No 1890/97 (%) and 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 Regulations. (5)  The abovementioned 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 and 189197 were replaced by Regulation (EC) No 772/1999, as amended by Regulation (EC) No 1003/1999 (‘). B. PROVISIONAL MEASURES IMPOSED BY REGULA- TION (EC) No 9291999 (Recital 29 et seq) (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 (except in case of force majeure), would be construed as a violation of the undertaking, as would non-compliance with the obligation to sell the different presentations of the product concerned (i.e. gutted, head-on, etc) on the Community market at prices which are not below the minimum import prices foreseen in the undertaking. (7)  For the third quarter of 1998, one Norwegian company did not present a report within the prescribed time limit. For the same quarter, the Commission had reason to believe that another Norwegian exporter had sold the product concerned to the Community market at a price which was below the price foreseen in its undertaking. Two other Norwegian companies appeared to have made misleading declarations in their quarterly reports as to the identity of the exporter and the identity and nature of the sales reported. (®) OJ L 267, 3.9.1997, p.1. Regulation repealed by Regulation (EC) No 772[1999 OJ No L 101, 16.4.1999, p. 1. () OJ L 267, 30.9.1997, p.19, repealed by Regulation (EC) No 772/ 1999. (19 O] L 123, 13.5.1999, p. 19.