26.9.98 Official Journal of the European Communities L 263/3 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2039/98 of 24 September 1998 amending Council 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. 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 this 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. (") OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (O] No 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. 2 (3  On 26 September 1997, the Commission adopted Decision 97/634/EC (%), accepting undertakings offered in connection with the two abovemen- tioned proceedings by the exporters mentioned in the Annex to that Decision and terminated the investigations in their respect. 4y On the same day, the Council, by Regulation (EC) No 1890/97 (¥), 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 the Regulation. (5  On the same day, the Council, by Regulation (EC) No 1891/97 (), also imposed a countervailing 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. (6) The abovementioned Regulations set out the defin- itive findings and conclusions on all aspects of the investigations. B. WITHDRAWAL OF UNDERTAKINGS ) In monitoring the undertakings submitted by the Norwegian exporters, the Commission gradually found that a number of exporters had no sales to the European Community for consecutive reporting quarters. Upon verification, some of these () OJ L 267, 30. 9. 1997, p. 81. Decision as last amended by Regulation (EC) No 1126/98 (O] L 157, 30. 5. 1998, p. 82). (®) OJ L 267, 30. 9. 1997, p. 1. Regulation as last amended by Regulation (EC) No 772/98 (O] L 111, 9. 4. 1998, p. 10). () OJ L 267, 30. 9. 1997, p. 19. Regulation as last amended by Regulation (EC) No 772/98 (O] L 111, 9. 4. 1998, p. 10).