L 240/22 Official Journal of the European Communities 7.9.2002 COUNCIL REGULATION (EC) No 1593/2002 of 3 September 2002 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 (hereinafter the ‘product concerned’) originating in Norway. (2)  These proceedings resulted in anti-dumping and coun- tervailing duties being imposed in September 1997 by Council Regulations (EC) No 1890/97 (*) and (EC) No 1891/97 (%), 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; imports of the product concerned exported to the Community by these companies were (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regula- tion (EC) No 22382000 (Of 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. L L L () o] () O] (*) o] () O] L 267, 30.9.1997, p. 1. () O] L 267, 30.9.1997, p. 19. () OJ L 267, 30.9.1997, p. 81. Decision as last amended by Deci- sion 2002/157[EC (O] L 51, 22.2.2002, p. 32). 6 7 exempted from the said anti-dumping and counter- vailing duties. (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 (¥). (5)  Following indications that the existing measures may not be achieving their intended results, an interim review of the measures (°) was initiated in February 2002 pursuant to Article 11(3) of Regulation (EC) No 384/96 (hereinafter the ‘basic Anti-Dumping Regulation’) and Article 19(1) of Regulation (EC) No 2026/97 (hereinafter the ‘basic Anti-Subsidy Regulation’). (6) Having reason to suspect that certain companies were not observing the terms of their undertakings, the Commission made imports of all Norwegian companies with undertakings subject to registration by Regulation (EC) No 4522002 (*9) (hereinafter the Registration Regulation’) and pursuant to Article 14(5) of the basic Anti-Dumping Regulation and Article 16(4) of the basic Anti-Subsidy Regulation. The period of applicability of the Registration Regulation was extended for a further period by Regulation (EC) No 1008/2002 (). This means that in the event of a finding of a breach or withdrawal of an undertaking, duties may be levied retroactively on goods entered into free circulation in the Community from the date of the breach or with- drawal of the undertaking. B. FAILURE TO COMPLY WITH THE UNDERTAKING (7)  The undertakings offered by the Norwegian companies oblige them, among other things, to export the product concerned to the Community at, or above, certain minimum import price levels (MIPs), laid down in the undertaking. These MIPs, which eliminate the injurious effects of dumping, are applicable to different ‘presenta- tions’ or categories of salmon (e.g. ‘presentation b — gutted fish, head-on). (®) OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regu- lation (EC) No 3222002 (O] L 51, 22.2.2002, p. 1). () O] C 53, 28.2.2002, p. 10. (% O] L 72, 14.3.2002, p. 7. (") O] L 153, 13.6.2002, p. 9.