23.8.2001 Official Journal of the European Communities L 227/49 COMMISSION DECISION of 20 July 2001 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(2001) 2215) (2001/644/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 2238/2000 (3, and in partic- ular 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, by means of two separate notices published in the Official Journal of the European Communi- ties, the Commission announced the initiation of an anti-dumping proceeding () and an anti-subsidy proceeding (°) in respect of imports of farmed Atlantic salmon originating in Norway. (2)  These proceedings resulted in anti-dumping and coun- tervailing duties being imposed by Council Regulations (EC) No 1890/97 () and (EC) No 1891/97 () in September 1997, in order to eliminate the injurious effects of dumping and subsidisation. (3)  In parallel to this, by Decision 97/634/EC (%), as last amended by Decision 2000/744/EC (°), the Commission accepted undertakings from 190 Norwegian exporters and imports of farmed Atlantic salmon originating in 56, 6.3.1996, p. 1. 257, 11.10.2000, p. 2. 288, 21.10.1997, p. 1. 253, 31.8.1996, p. 18. 253, 31.8.1996, p. 20. 267, 30.9.1997, p. 1. 267, 30.9.1997, p. 19. 267, 30.9.1997, p. 81. 301, 30.11.2000, p. 82. OMMWM AejeRelelelefetete; sl enlienll eal'e W N anlll anll ol ) Norway (the product concerned) exported to the Community by these companies were exempted from the said anti-dumping and countervailing duties. (4 The form of the duties was later reviewed and Regula- tions (EC) No 1890/97 and 1891/97 were replaced by Regulation (EC) No 772/1999 (19, as last amended by Council Regulation (EC) No 1677/2001 (). B. BREACHES OF THE UNDERTAKING (5)  The undertakings offered by the Norwegian companies oblige them, inter alia, to provide the Commission with regular and detailed information in a quarterly report of all sales transactions of farmed Atlantic salmon sold by them (or any of their related importers in the Community), to unrelated customers in the Community. (6)  The text of the undertakings also provides that failure to submit a such quarterly report within 30 days of the end of the quarter in question would, except in case of force majeure, be construed as a violation of the undertaking. (7)  For the fourth quarter of 2000, two Norwegian compa- nies, Marstein Seafood AS (UT No 1/93, TARIC addi- tional code 8197) and Westmarine AS (UT No 1/192, TARIC additional code 8625), failed to present their sales reports. The companies were given in writing an opportunity to inform the Commission of any reasons which may have prevented their reports from being received within the due deadline and to request hearings, however, neither of them reacted. (8)  As breaches of the undertakings appeared to have occurred, the companies were then informed in writing of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties against them. The companies were also given a further opportunity to submit comments, however, as before, neither of them reacted. (9 O] L 101, 16.4.1999, . L (') See page 15 of this OFficial Journal.