20.10. 98 Official Journal of the European Communities L 282/57 COMMISSION REGULATION (EC) No 2249/98 of 19 October 1998 imposing provisional anti-dumping and countervailing duties on certain imports of farmed Atlantic salmon originating in Norway and amending Decision 97/634/EC THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 ('), as last amended by Regulation (EC) No 905/98 (3, and in particular Article 8(10) 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(10) thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE (1)  On 31 August 1996, the Commission announced, by two separate notices published in the Official Journal of the European Communities, the initia- tion of an anti-dumping proceeding (*) as well as an anti-subsidy proceeding (°) in respect of imports of farmed Atlantic salmon originating in Norway. (2)  The Commission sought and verified all informa- tion that it deemed necessary for the purpose of its definitive findings. As a result of that examination, it was established that definitive anti-dumping and countervailing measures should be adopted in order to eliminate the injurious effects of dumping and subsidisation. All interested parties were informed of the results of the investigation and were given the opportunity to comment thereon. (3  On 26 September 1997, the Commission adopted Decision 97/634/EC (°), as last amended by Decision 98/540/EC ("), accepting undertakings offered in connection with the two abovemen- tioned proceedings from the exporters mentioned in the Annex to the Decision and terminating the investigations in respect of them. () OJ L 56, 6. 3. 1996, p. 1. () OJ L 128, 30. 4. 1998, p. 18. () OJ L 288, 21. 10. 1997, p. 1. () OJ C 253, 31. 8. 1996, p. 18. () OJ C 253, 31. 8. 1996, p. 20. () OJ L 267, 30. 9. 1997, p. 81. () OJ L 252, 12. 9. 1998, p. 68. On the same day, the Council, by Regulation (EC) No 1890/97 (%), as last amended by Regulation (EC) No 2052/98 (%), imposed an anti-dumping duty of ECU 0,32 per kilo on imports of farmed Atlantic salmon originating in Norway. Imports of farmed Atlantic salmon exported by companies from which an undertaking had been accepted were exempted from that duty pursuant to Article 1(2) of that Regulation. Also on the same day, the Council, by Regulation (EC) No 1891/97 (%), as last amended by Regula- tion (EC) No 2052/98, also imposed a counter- vailing duty of 3,8 % on imports of farmed Atlantic salmon originating in Norway. Imports of farmed Atlantic salmon exported by companies from which an undertaking had been accepted were exempted from that duty pursuant to Article 1(2) of that Regulation. The abovementioned Regulations set out the defin- itive findings and conclusions on all aspects of the investigations. B. APPARENT FAILURE TO COMPLY WITH THE UNDERTAKING In order to ensure the effective implementation and monitoring of the undertakings accepted, the exporters undertook to report to the Commission, every quarter, the details of all their sales on a transaction-by-transaction basis of farmed Atlantic salmon to unrelated customers in the Community. The text of the undertakings specifically provides that failure to comply with the reporting obliga- tions and, in particular, failure to submit the quar- terly report within the prescribed time limit except in case of force majeure, would be construed as a violation of the undertaking. Certain Norwegian exporters have failed to comply with their obligation to present a report within the prescribed time limit or have not submitted any report at all for the first quarter of 1998. 267, 30. 9. 1997, p. 1. 264, 29. 9. 1998, p. 17. 267, 30. 9. 1997, p. 19. -