17. 12. 97 Official Journal of the European Communities L 346/63 COMMISSION REGULATION (EC) No 2529/97 of 16 December 1997 imposing provisional anti-dumping and countervailing duties on certain imports of farmed Atlantic salmon originating in Norway 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 Com- munity ('), as amended by Regulation (EC) No 2331/96 (%), and in particular Article 8 (10) thereof, Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidized imports from countries not members of the European Com- munity (), and in particular Article 13 (10) thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE () On 31 August 1996, the Commission announced, by two separate notices published in the Official Journal of the European Communities, the initia- tion of an anti-dumping proceeding (%) as well as an anti-subsidy proceeding (%) in respect of imports of farmed Atlantic salmon originating in Norway. (2)  The Commission sought and verified all informa- tion that it deemed necessary for the purpose of its definitive findings. As a result of this examination, it was established that definitive anti-dumping and countervailing measures should be taken in order to eliminate the injurious effects of dumping and subsidization. All interested parties were informed of the results of the investigation and were given the opportunity to comment on them. (3)  On 26 September 1997, the Commission adopted Decision 97/634/EC (¥), accepting undertakings offered in connection with the two abovemen- tioned proceedings from the exporters mentioned in the Annex to the Decision and terminated the investigations in their respect. 4y On the same day, the Council, by Regulation (EC) No 1890/97 (), imposed an anti-dumping duty of OJ L 56, 6. 3. 1996, p. 1. O] L 317, 6. 12. 199, p. 1. OJ L 288, 21. 10. 1997, p. 1. OJ C 253, 31. 8. 1996, p. 18. OJ C 253, 31. 8. 1996, p. 20. O] L 267, 30. 9. 1997, p. 81. O] L 267, 30. 9. 1997, p. 1. ECU 0,32 per kilo 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 the Regulation. (5 On the same day, the Council, by Regulation (EC) No 1891/97 (¥), also imposed a countervailing duty of 3,8 % 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 the Regulation. (6)  The abovementioned Regulations set out the de- finitive findings and conclusions on all aspects of the investigations. B. APPARENT FAILURE TO COMPLY WITH THE UNDERTAKING (7)  Pursuant to the undertakings referred to above, the Norwegian exporters have offered, inter alia, not to sell, on a quarterly basis and as an average of all export transactions, for each presentation, the product under investigation to their first unrelated customer in the Community below a certain minimum price. (8) In order to ensure the effective implementation and monitoring of the undertakings, the exporters concerned have undertaken to report to the Commission, on a quarterly basis, all their sales of farmed Atlantic salmon to unrelated customers in the Community. The text of the undertakings specifically provides that failure to comply with the reporting obliga- tions and, in particular, failure to submit the quarterly report within the prescribed time limit except in case of force majenre, would be construed as a violation of the undertaking. The first reports were to be sent by 31 October 1997. (9) It appears from the reports referred to above that a number of Norwegian exporters have made sales on the Community market below the minimum price stipulated by the undertaking. () OJ L 267, 30. 9. 1997, p. 19.