L17/12 Official Journal of the European Communities 22.1.1999 COMMISSION REGULATION (EC) No 131/1999 of 21 January 1999 amending Regulation (EC) No 2249/98 imposing provisional anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway with regard to certain exporters and amending Commission Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidies proceedings concerning imports of farmed Atlantic salmon originating in Norway 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 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, 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(°) as last amended by Regulation (EC) No 82/1999 (%), undertakings offered by 190 Norwegian exporters and the Kingdom of Norway. (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. (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. (") OJ L 56, 6. 3. 1996, p. 1. (3 OJ 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. () OJ L 8, 14. 1. 1999, p. 8. (4)  The text of the undertakings also provides that failure to comply with the obligation to sell the product concerned on the Community market at or above the minimum price stipulated in the under- taking 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 stipulated 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 time limit, also appeared to have sold the product concerned to the Community market at a price which was below the price foreseen in the undertaking (6) The Commission therefore had reason to believe that these nine companies had breached the terms of their undertakings. ) Consequently, the Commission, by Regulation (EC) No 2249/98 (’), 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 03041013, ex 03032200 and ex 0304 20 13 originating in Norway and exported by the nine companies listed in the Annex to that Regulation. By the same Regulation, the Commis- sion deleted the companies concerned from the Annex to Decision 97/634/EC, which listed the companies from which undertakings were accepted. B. SUBSEQUENT PROCEDURE (8)  All nine Norwegian companies subject to the provisional 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. () OJ L 282, 20. 10. 1998, p. 57.