23.8.2001 Official Journal of the European Communities L227/15 COUNCIL REGULATION (EC) No 1677/2001 of 13 August 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. (3) In parallel to this, by Decision 97/634/EC ('), the Commission accepted undertakings from 190 Norwe- gian exporters and imports of farmed Atlantic salmon originating in Norway (the product concerned’) exported to the Community by these companies were exempted from the said anti-dumping and counter- vailing duties. () 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. O] L 267, 30.9.1997, p. 1. Regulation repealed by Regulation (EC) No 772/1999 (O] L 101, 16.4.1999, p. 1). (®) OJ L 267, 30.9.1997, p. 19. Regulation repealed by Regulation (EC) No 772/1999. () OJ L 267, 30.9.1997, p. 81. Decision as last amended by Commis- sion Decision 2001/544/EC (O] L 195, 19.7.2001, p. 50). (¢) o (¢) 5 (4 The form of the duties was later reviewed and Regula- tions (EC) No 1890/97 and (EC) No 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 provide the Commission with detailed quarterly reports of their sales to the Community of the product concerned. These reports should be received by the Commission no later than 30 days after the end of the quarter in question. (6)  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 within the prescribed time limit, offering no explanation whatsoever for this failure. The Commis- sion's findings in this respect are set out more fully in Commission Decision 2001/644/EC 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 (°). (7)  As breaches of the undertakings have been found to have occurred, acceptance of the undertakings has been withdrawn by the Commission. Definitive anti-dumping and anti-subsidy duties should therefore be imposed forthwith against the two companies concerned. C. NEW EXPORTERS AND CHANGES OF NAME (8)  Two Norwegian companies, Atlantis AS and Cape Fish AS, claimed that they are ‘new exporters’ within the meaning of Article 2 of Regulation (EC) No 772/1999 in conjunction with Article 11(4) of Regulation (EC) No 384/96 and Article 20 of Regulation (EC) No 2026/97, and have offered undertakings. Having investigated the matter, it was established that the applicants fulfilled the conditions for being considered as new exporters and, accordingly, the undertakings offered have been accepted by the Commission. The exemption to the anti-dumping and countervailing duties should therefore be extended to these companies. (®) OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regula- tion (EC) No 1469/2001 (O] L 195, 19.7.2001, p. 1). () See page 49 of this Official Journal.