29.5.2003 Official Journal of the European Union L 133/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 930/2003 of 26 May 2003 terminating the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway and the anti-dumping proceeding concerning imports of farmed Atlantic salmon originating in Chile and the Faeroe Islands 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 (‘the basic anti-dumping Regulation’) (), and in particular Articles 5, 9 and Article 11(3) and (7) 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 (‘the basic anti-subsidy Regulation’) (%), and in particular Articles 14, 19 and Article 22(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. PREVIOUS INVESTIGATIONS AND EXISTING MEASURES CONCERNING NORWAY (1) In September 1997 the Council, by Regulations (EC) No 1890/97 (}) and No 1891/97 (%), imposed definitive anti- dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway. By Decision 97/ 634/EC (), the Commission accepted undertakings from a large number of exporters/producers from Norway to respect, inter alia, certain minimum import prices. In December 1998, the Commission announced by way of a notice published in the Official Journal of the European Communities () the initiation of an ex officio investiga- tion pursuant to Article 11(3) of Regulation (EC) No 384/96 and Article 19(1) of Regulation (EC) No 2026/ 97 in order to review the possibility of a change in the form of the duties so that imports of salmon at injurious (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (O] L 305, 7.11.2002, p. 1). () OJ L 288, 21.10.1997, p. 1. Regulation as amended by Regulation (EC) No 1973/2002 (O] L 305, 7.11.2002, p. 4). () OJ L 267, 30.9.1997, p. 1. () OJL 267, 30.9.1997, p. 19. () OJ L 267, 30.9.1997, p. 81. Decision as last amended by Decision 2003/119/EC (O] L 47, 21.2.2003, p. 46). () OJ C 400, 22.12.1998, p. 4. prices would be prevented. Subsequently, the Council repealed and replaced Regulations (EC) No 1890/97 and No 1891/97 by a single Council Regulation (EC) No 772[1999 (). 2) In parallel to the abovementioned anti-dumping and countervailing duties and undertakings, an agreement known as the ‘Agreement on a solution to the salmon case’ (Salmon Agreement) was signed between the Commission and the Norwegian government providing for supporting measures to be managed within the framework of regular contacts between the signatories. 2. INTERIM AND EXPIRY REVIEW INVESTIGATIONS CONCERNING NORWAY (3)  On the basis of the information received by the Commission within the framework of the Salmon Agree- ment and information obtained from various other sources in 2001, the Commission considered there to be sufficient grounds to warrant the initiation of a further interim review of the existing measures. In particular, it appeared that the form of %e measures (including the undertakings) was no longer appropriate to remove the injurious effects of dumping and subsidisation given the disturbances present in the Community market. It also appeared, given the evidence provided by the Norwegian authorities concerning normal value and the available information on export prices to the Community, that the dumping margins established may have changed significantly. Furthermore, in the light of information received from the Norwegian authorities concerning changes to the export tax and certain information received from Community producers of farmed Atlantic salmon, it was considered appropriate to review in parallel the effectiveness of the form and level of the countervailing measures. Finally, given other information concerning developments in the ownership structure of salmon producing companies in the Community and production costs and the resale prices of Norwegian imports, whose volume was substantial, it was consid- ered necessary to review the findings relating to injury in respect of the anti-dumping and countervailing measures. () OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Council Regulation (EC) No 321/2003 (OJ L 47, 21.2.2003, p. 3).