11.2.1999 Official Journal of the European Communities L 37/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 297/1999 of 8 February 1999 further amending 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 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 MEASURES (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 quarterly report of all sales transactions to the first unrelated customer in the Community within a prescribed time limit except in case of force majeure, would be construed as a violation of the undertaking. (") OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (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 Regulation (EC) No 131/1999 (O] L 17, 22. 1. 1999, p. 12). (3) For the first quarter of 1998, eight Norwegian companies either did not present a report within the prescribed time limit, or did not submit any report at all. These exporters did not provide any evidence of force majeure to justify such late reporting or non-reporting. (4) In addition, the text of the undertakings specif- ically provides that failure to comply with the ob- ligation to sell the product concerned on the Community market at or above the minimum price provided for in the undertaking would be construed as a violation of the undertaking. (5) In this regard, for the fourth quarter of 1997, one Norwegian exporter appeared to have sold the product concerned to the Community market at a price which was below the price provided for in the undertaking. In addition, one of the Norwegian exporters which failed to submit its quarterly report for the first quarter of 1998 within the due time limit also appeared to have sold the product concerned to the Community market at a price which was below the price provided for in the undertaking. (6) The Commission therefore had reason to believe that these nine companies had breached the terms of their undertakings. (7)  Consequently, the Commission, by Regulation (EC) No 2249/98 (%), imposed provisional anti-dumping and countervailing duties on imports of farmed Atlantic salmon falling within CN codes ex 03021200, ex 03041013, ex 03032200 and ex 0304 20 13 originating in Norway and exported by the eight (initially nine) companies listed in the Annex to that Regulation. By the same Regulation, () OJ L 282, 20. 10. 1998, p. 57. Regulation as amended by Regulation (EC) No 131/1999 (O] L 17, 22. 1. 1999, p. 12).