24. 3. 98 Official Journal of the European Communities L 88/31 COMMISSION REGULATION (EC) No 651/98 of 23 March 1998 amending Council 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, amending Commission Regulation (EC) No 2529/97 imposing provisional anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway with regard to certain exporters and amending Commission Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidies proceedings concerning 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 (3, and in particular Articles 7 and 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 Com- munity (), and in particular Article 13 thereof, Having regard to Council Regulation (EC) No 1890/97 of 26 September 1997 imposing a definitive anti-dumping duty on imports of farmed Atlantic salmon originating in Norway (), and in particular Article 2 thereof, Having regard to Council Regulation (EC) No 1891/97 of 26 September 1997 imposing a definitive countervailing duty on imports of farmed Atlantic salmon originating in Norway (°), and in particular Article 2 thereof, 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- () OJ L 56, 6. 3. 1996, p. 1. () OF L 317, 6. 12. 1996, p. 1. () OJ L 288, 21. 10. 1997, p. 1. () OF L 267, 30. 9. 1997, p. 1. () OF L 267, 30. 9. 1997, p. 19. () OJ C 235, 31. 8. 1996, pp. 18 and 20. () OJ L 267, 30. 9. 1997, p. 81. 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 1997 that six Norwegian exporters 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 to the third quarter 1997 within the prescribed time limit, or did not submit such report at all. These exporters did not provide any evidence of force majeure to justify such late reporting. ) Consequently, the Commission, by Commission Regulation (EC) No 2529/97 (), 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 0302 12 00, ex 0304 10 13, ex 0303 22 00 and ex 0304 20 originating in Norway and exported by the companies listed in Annex I to that Regulation. B. SUBSEQUENT PROCEDURE (3)  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. 4) Within the time limit set in the Provisional Duty Regulation, most of the Norwegian companies concerned submitted comments in writing. () OJ L 346, 17. 12. 1997, p. 63.