L 111/10 Official Journal of the European Communities 9. 4. 98 COUNCIL REGULATION (EC) No 772/98 of 7 April 1998 amending Regulations (EC) No 1890/97 and (EC) No 1891/97 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 Com- munity ('), 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 Com- munity (), and in particular Articles 13(9) and 15 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. Provisional measures (1) In the framework of the anti-dumping and anti- subsidy investigations initiated by two separate notices published in the Official Journal of the European Communities (), the Commission had accepted, on 26 September 1997, by Decision 97/634/EC (), undertakings offered by the Kingdom of Norway and by 190 Norwegian ex- porters. These undertakings apply to all sales invoiced by these exporters since 1 July 1997. Subsequent to the acceptance of these under- takings, the Commission had reasons to believe that 29 exporters were failing to comply with the terms of these undertakings: — it appeared from their reports relating to the third quarter of 1997 that six Norwegian ex- porters had made sales on the Community market below the minimum price stipulated in the undertaking for each presentation of the product concerned, — 23 Norwegian exporters failed to comply with their obligation to submit their report relating (") OJ L 56, 6. 3. 1996, p. 1. Regulation as amended by Regula- tion (EC) No 2331/96 (OJ L 317, 6. 12. 1996, p. 1). (3 OJ L 288, 21. 10. 1997, p. 1. () OJ C 235, 31. 8. 1996, p. 18, and OJ C 235, 31. 8. 1996, p. 20. () OJ L 267, 30. 9. 1997, p. 81. ) ) ) 0] 0] to the third quarter of 1997 within the pre- scribed time limit, or did not submit such a report at all. These exporters did not provide any evidence of force majeure to justify such late reporting. Consequently, the Commission, by Regulation (EC) No 2529/97 (%), hereinafter referred to as the ‘provi- sional duty Regulation’, imposed provisional anti- dumping and countervailing duties on imports of farmed Atlantic salmon falling within CN codes ex 03021200, ex 030410 13, ex 0303 2200 and ex 0304 20 13 originating in Norway and exported by the companies listed in the Annex I to that Regulation. B. Subsequent procedure All Norwegian companies concerned by the provi- sional duties received disclosure in writing con- cerning the essential facts and considerations on the basis of which these duties were imposed. Within the time limit set in the provisional duty Regulation, most of the Norwegian companies concerned submitted comments in writing. Subsequent to the written submissions received, the Commission sought and verified all information it deemed necessary for the purpose of a definitive determination on the apparent violations. The Commission’s findings are set out in Regulation (EC) No 651/98 (°). C. Definitive measures Parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of defin- itive anti-dumping and countervailing duties and the definitive collection of the amounts secured by way of provisional duties. They were also granted a period within which to make representations sub- sequent to this disclosure. The exporters concerned having been given an opportunity to comment, it is concluded that de- finitive anti-dumping and countervailing duties L 346, 17. 12. 1997, p. 63. L 88, 24. 3. 1998, p. 31.