12.12.98 Official Journal of the European Communities L 337/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2678/98 of 10 December 1998 amending Regulation (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 ('), (hereinafter referred to as ‘the basic anti- dumping Regulation’), and in particular Article 8(9) and Article 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 (*) (hereinafter referred to as ‘the basic anti- subsidies Regulation’), and in particular Article 13(9) and Article 15 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1) In the framework of the anti-subsidy and anti- dumping investigations initiated by two separate notices published in the Offical Journal of the European  Communities (}), the Commission accepted, by Decision 97/634/EC (), undertaking offered by the Kingdom of Norway and by 190 Norwegian exporters. (") 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 Reégulation (EC) No 2249/98 (OJ L 282, 20. 10. 1998, p. 57). (2 In monitoring the reports received for the fourth quarter of 1997, it appeared that three Norwegian exporters — Icelandic Freezing Plants Norway AS, Incofood AS, and Ma-vo Norge AS — had made sales on the Community market below the minimum price stipulated in the undertaking and were therefore in breach of their obligations under the undertaking. When given the possibility to correct any possible clerical mistakes, one company made submissions showing that it had so far been reporting to the Commission sales to its related companies in the Community, instead of its resales to the first independent buyer, as required under the terms of the undertaking. These sales to related companies represented the overwhelming majority of total export sales of the product concerned to the Community made by this company. (3)  Consequently, the Commission, by Regulation (EC) No 1789/98 (%), 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 three companies mentioned above. By the same Regulation, the Commission removed the com- panies concerned from the Annex to Decision 97/ 634/EC listing the companies from which under- takings were accepted. B. SUBSEQUENT PROCEDURE “) Immediately after the imposition of the provisional duties, these three Norwegian companies received disclosure in writing of the essential facts and considerations, on the basis of which these provi- sional duties were imposed. () OJ L 228, 15. 8. 1998, p. 4.