17.12.1999 Official Journal of the European Communities L3251 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2652/1999 of 13 December 1999 amending Council Regulation (EC) No 772/1999 imposing definitive anti-dumping and counter- vailing duties on imports of farmed Atlantic salmon originating in Norway THE COUNCIL OF THE EUROPEAN UNION, 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 Article 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 Communi- ties (*), the Commission accepted, by Decision 97/634/ EC (%), undertakings offered by the Kingdom of Norway and by 190 Norwegian exporters in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway. (2)  The text of the undertakings provided 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 (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation ] (EC) No 905/98 (O] L 128, 30.4.1998, p. 18). 0 L 288, 21.10.1997, p. 1. () O] C 235, 31.8.1996, p. 18, and O] C 235, 31.8.1996, p. 20. 0] L 267, 30.9.1997, p. 81. product concerned on the Community market at or above the minimum prices specified in the undertaking. (3)  For the first quarter of 1999, two Norwegian companies 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 specified in its undertaking. For the fourth quarter of 1998, the Commission also had reason to believe that another Norwegian exporter had sold the product concerned to the Community market at prices which were below the prices specified in its undertaking. (4 The Commission therefore had reason to believe that these three companies had breached the terms of their undertakings and consequently, by Commission Regula- tion (EC) No 1826/1999 () (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 03021200, ex 03032200, ex 03041013 and ex 0304 20 13 originating in Norway and exported by the three companies listed in Annex II of that Regula- tion. By the same Regulation, the Commission deleted the companies concerned from the Annex to Decision 97/634/EC, which listed the companies from which undertakings were accepted. B. SUBSEQUENT PROCEDURE (5)  All three Norwegian companies subject to the provi- sional 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. () O] L 223, 24.8.1999, p. 3.