16.4.1999 Official Journal of the European Communities L101/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 772/1999 of 30 March 1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway and repealing Regulations (EC) No 1890/97 and (EC) No 1891/97 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 11(3) 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 19 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: 1. PREVIOUS PROCEDURE (1) By Regulations (EC) No 1890/97 (°) (hereinafter ‘the anti-dumping Regulation’) and 1891/97 (¥ (hereinafter ‘the countervailing Regulation’), defin- itive anti-dumping and countervailing duties (here- inafter ‘the duties’) were imposed on imports of farmed (other than wild Atlantic salmon from Norway (hereinafter ‘salmon’), with the exception of imports of salmon exported by the companies 0J L 56, 6.3.199, lation (EC) No 905/98 (O] L OJ L 288, 21.10.1997, p. 1. ") p- 1. Regulation as last amended by Regu- W) . ¢) Oj L 267 30.9.1997, p. 1. Regulation as last amended by v 128, 30.4.1998, p. 18). Regulation (EC) No 297/1999 (OJ L 37, 11.2.1999, p. 1). % OJ L 267, 30.9.1997, p. 19. Regulation as last amended by Regulation (EC) No 297/1999. from which undertakings had been accepted by the Commission. The rate of the definitive anti- dumping duty was set at EUR 0,32 (%) per kilo net product weight, and the rate of the definitive countrvailing duty at the level of 3,8 % ad valorem applicable to the net free-at-Community-frontier price, before duties. (2 By Decision 97/634/EC (°), the Commission accepted an undertaking from the Kingdom of Norway and price undertakings from 190 Norwe- gian exporters. (3)  Pursuant to Article 8(9) and (10) of Regulation (EC) No 384/96 (hereinafter ‘the basic anti-dumping Regulation’) and Article 13(9) and (10) of Regula- tion (EC) No 2026/97 (hereinafter ‘the basic coun- tervailing Regulation’), provisional (") and/or defin- itive (®) anti-dumping and countervailing duties have been imposed on imports of salmon exported by a number of companies which have either violated or withdrawn their undertakings. The duty rates applied in all these cases are those mentioned in recital 1 above. 2. REVIEW INVESTIGATION “) In the course of the monitoring of the price under- takings by the Commission, it became apparent that the effectiveness of the different measures was being undermined as, under certain circumstances, certain exporters which were not subject to the price undertakings were able to sell salmon on the Community market at injurious prices, even after payment of the duties. This situation increased the (°) In accordance with Article 2(1) of Regulation (EC) No 1103/ 7 (OJ L 162, 19.6.1997, p. 1), every reference in a legal instrument to the ecu shall be replaced by a reference to the euro at a rate of EUR 1 to ECU 1. () OJ L 267, 30.9.1997, p. 81. (") Regulation (EC) No 82/1999 (OJ L 8, 14.1.1999, p. 8). (®) Regulation (EC) No 772/98 (O] L 111, 9.4.1998, p. 10). Regulation (EC) No 2039/98 (O] L 263, 26.9.1998, p. 3). Regulation (EC) No 2052/98 (O] L 264, 29.9.1998, p. 17). Regulation (EC) No 2678/98 (O] L 337, 12.12.1998, p. 1). Regulation (EC) No 297/1999 (O] L 37, 11.2.1999, p. 1).