13.5.1999 Official Journal of the European Communities L 123/19 COUNCIL REGULATION (EC) No 1003/1999 of 10 May 1999 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 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 Community (3), 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 DUTIES (1)  Within 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 accepted, by Decision 97/634/EC (*), undertakings offered by the Kingdom of Norway and by 190 Norwegian exporters. (2)  The text of the undertakings provides that failure to submit a quaterly report of all sales transactions to the first unrelated customer in the Community within a prescribed time-limit except in case of force majenre would be construed as a violation of the undertaking, as would non-compliance with the obligation to sell the product concerned on the Community market at or above the minimum prices provided for in the undertaking. (3) For the second quarter of 1998, 10 Norwegian companies either did not present a report within the prescribed time limit (or did not submit any (") OJ L 56, 6.3.1996, p. 1; Regulation as last amended by Regu- lation (EC) No 905/98 (O] L 128, 30.4.1998, p. 18). () 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; Decision as last amended by Régulation (EC) No 2249/98 (O] L 282, 20.10.1998, p. 57). report at all and two Norwegian exporters appeared to have sold the product concerned to the Community market at a price which was below the price provided for in their undertakings. 4) The Commission therefore had reason to believe that these 12 companies had breached the terms of their undertakings. (5)  Consequently, the Commission, by Regulation (EC) No 82/1999 (%) 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 0304 10 13, ex 0303 22 00 and ex 0304 20 13 originating in Norway and exported by the six (initially 12) companies listed in the Annex to that Regulation. By the same Regulation, the Commission deleted the companies concerned from the Annex to Decision 97/634/EC, which listed the companies from which undertakings were accepted. B. SUBSEQUENT PROCEDURE (6)  All 12 Norwegian companies subject to the provi- sional duties received disclosure in writing concerning the essential facts and considerations, on the basis of which these provisional duties were imposed. They were also given an opportunity to submit comments and request a hearing. (7)  Within the time limit set in the provisional duty Regulation, nine of the Norwegian companies concerned submitted comments in writing and five requested hearings, which were granted. In addi- tion, comments were also submitted by the Norwe- gian Seafood Association on behalf of two of the companies subject to the provisional measures. Following these submissions, the Commission sought and examined all information it deemed necessary for the purpose of a definitive deter- mination on the apparent violations. () OJ No L 8, 14.1.1999, p. 8; Regulation as last amended by Regulation (EC) No 929/1999 (O] L 115, 4.5.1999, p. 13).