L 8/8 Official Journal of the European Communities 14.1.1999 COMMISSION REGULATION (EC) No 82/1999 of 13 January 1999 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, “) On the same day, the Council, by Regulation (EC) No 1890/97 (%), as last amended by Regulation (EC) No 2678/98 (°), 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. 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, (5)  Again on the same day, the Council, by Regulation Having regard to Council Regulation (EC) No 2026/97 of (EC) No 1891/97 (%), as last a.mended by Regula- 6 October 1997 on protection against subsidised imports tion (EC) No 2678/98, also imposed a counter- from countries not members of the European vailing duty of 3,8 % on imports of farmed Atlantic Community (°), and in particular Article 13(10) thereof, 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. After consulting the Advisory Committee, Whereas: (6) The above-mentioned Regulations set out the definitive findings and conclusions on all aspects of A. PROCEDURE the investigations. (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. B. APPARENT FAILURE TO COMPLY WITH THE UNDERTAKING ) In order to ensure the effective implementation (2)  The Commission sought and verified all informa- and monitoring of the undertakings accepted, the tion that it deemed necessary for the purpose of its exporters undertook to report to the Commission, definitive findings. As a result of this examination, on a quarterly basis, the details of all their sales on it was established that definitive anti-dumping and a transaction by transaction basis of farmed countervailing measures should be adopted in order Atlantic salmon to unrelated customers in the to eliminate the injurious effects of dumping and Community. subsidisation. All interested parties were informed of the results of the investigation and were given the opportunity to comment thereon. (8)  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. (3  On 26 September 1997, the Commission adopted Decision 97/634/EC (%), as last amended by Regula- tion (EC) No 2249/98 (), accepting undertakings offered in connection with the two above- mentioned proceedings from the exporters mentioned in its Annex and terminating the inves- 9) Nine Norwegian exporters have failed to comply tigations in their respect. with their obligation to present a report within the prescribed time limit and one exporter has not ) 56, 6. 3. 1996, p. 1. submitted any report at all for the second quarter of ?) 128, 30. 4. 1998, p. 18. 1998. 288, 21. 10. 1997, p. 1. 253, 31. 8. 1996, p. 18. 0000000 S S S S S Il alelel nl i ) 253, 31. 8. 1996, p. 20. () OJ L 267, 30. 9. 1997, p. 1. 9 267, 30. 9. 1997, p. 81. () OJ L 337, 12. 12. 1998, p. 1. ) 282, 20. 10. 1998, p. 57. (") OJ L 267, 30. 9. 1997, p. 19.