19.7.2001 Official Journal of the European Communities L1951 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1469/2001 of 16 July 2001 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, 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 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, Having regard to the proposal submitted by the Commission 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 1891/97 (%) in September 1997 in order to eliminate the injurious effects of dumping and subsidisation. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). L 288, 21.10.1997, p. 1. C 253, 31.8.1996, p. 18. C 253, 31.8.1996, p. 20. L 267, 30.9.1997, p. 1. L 267, 30.9.1997, p. 19. ) O] L 267, 30.9.1997, (3)  In parallel, by Decision 97/634/EC (’), the Commission also accepted undertakings from 190 Norwegian expor- ters and imports of farmed Atlantic salmon originating in Norway exported to the Community by these compa- nies were exempted from the anti-dumping and counter- vailing duties by Article 1(2) of those Regulations. (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 (¥). B. FAILURE TO COMPLY WITH THE UNDERTAKING (5)  The undertakings offered by the Norwegian companies oblige them, inter alia, to charge certain minimum prices when they export the product concerned to the Community and to provide detailed quarterly reports to the Commission of such sales. (6)  During a series of visits in November 2000 to the premises of several Norwegian companies with under- takings to verify the data appearing on their sales reports, it was found that one of the exporters visited, Haafa Fish AS (UT No 1/60, TARIC Additional Code 8302, ‘Haafa fisk AS’), had breached its undertaking by providing misleading information regarding certain sales and not respecting the minimum import prices. (7)  The Commission's findings in this respect are set out more fully in Commission Decision 2001/544/EC (°). (8)  As acceptance of the undertaking has been withdrawn by the Commission, definitive anti-dumping and anti- subsidy duties should be imposed forthwith against the company concerned. . 81. Decision as last amended by Decision 2000/744/EC (O] L 301, 30.11.2000, p. 82). (¥) OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regula- tion (EC) No 2606/2000 (O] L 301, 30.11.2000, p. 61). () See page 50 of this Official Journal.