WORLD TRADE  
ORGANIZATION  G/SG/N/8/EEC/3/Suppl.1 
G/SG/N/10/EEC/3/Suppl.1 
G/SG/N/11/EEC/3/Suppl.2 
14 February 2005 
 (05-0583) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION UNDER ARTICLE 12.1(B) OF THE  
AGREEMENT ON SAFEGUARDS ON FINDING 
A SERIOUS INJURY OR THREAT THEREOF  
CAUSED BY INCREASED IMPORTS 
 
NOTIFICATION PURSUANT TO ARTICLE 12.1(C) 
OF THE AGREEMENT ON SAFEGUARDS 
 
NOTIFICATION UNDER ARTICLE 9, FOOTNOTE 2 
OF THE AGREEMENT ON SAFEGUARDS 
 
EUROPEAN COMMUNITIES 
 
Supplement
 
 
(Farmed (other than wild) Salmon, whether  
or not fresh, chilled or frozen ) 
   The following communication, dated 10 February 2005, is being circulated at the request of the Delegation of the European Communities. 
 
_______________ 
 
 Pursuant to Articles 12.1(b), 12.1(c) and 9, footnote 2 of the Agreement on Safeguards, the 
European Communities hereby submits supplemental no tifications on finding serious injury or threat 
thereof caused by increased imports, on taking a deci sion to apply safeguard measures, and on taking 
a decision not to apply those measures to products or iginating in developing countries.  The relevant 
EC Regulation (Commission Regulation (EC) No 206/ 2005) can be found at the following internet 
address: 
http://europa.eu.int/eur-lex/lex/JOHt ml.do?uri=OJ:L:2005:033:SOM:EN:HTML
 
 I. NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT ON 
SAFEGUARDS ON FINDING A SERIOUS INJURY OR THREAT THEREOF CAUSED BY INCREASED IMPORTS 
II. NOTIFICATION PURSUANT TO ARTICLE 12.1(C) OF THE AGREEMENT ON 
SAFEGUARDS 
 In light of the agreed format for notifications (G/SG/W/1, 23 February 1995), the 
European Communities provides supplemental no tification to the Committee on Safeguards of 
findings of serious injury or threat thereof caused  by increased imports and notification of safeguard 
measures applied concerning farmed (other than wild) salmon (whether fresh, chilled or frozen). 
 G/SG/N/8/EEC/3/Suppl.1 
G/SG/N/10/EEC/3/Suppl.1 G/SG/N/11/EEC/3/Suppl.2 
Page 2 
   On 6 March 2004, the Commission initiated an i nvestigation relating to serious injury or 
threat thereof to the Community producers of the product like or directly competitive with the 
imported product.  Following a preliminary inv estigation, the European Communities imposed 
provisional safeguard measures against imports of  the product concerned under Regulation (EC) 
No 1447/2004  of 13 August 2004, which subsequently lapsed on 6 December 2004. 
  The initiation of the investigation, the imposition of provisional measures as well as the 
decision not to apply those provisional measures to certain products orig inating in developing 
countries have been notified to the Committee on Safeguards (see WTO documents G/SG/N/6/EEC/3, 
G/SG/N/7/EEC/3, G/SG/N/11/EEC/3).   Consistent with Article 12.2 of the Agreement on Safeguards , the European Communities 
notified on 6 January 2005 (G/SG/N/8/EEC/3, G/SG/N/10/EEC/3, G/SG/N/11/EEC/3/Suppl.1) 
information relating to the product on which it pro posed to apply definitive safeguard measures. 
  By Commission Regulation (EC) No 206/2005, the European Communities imposed definitive safeguard measures on imports  of the products referred to above
1.  The present notification 
confirms the findings and proposed me asures notified on 6 January 2005.  
 
1. Provide evidence of serious injury or threat thereof caused by increased imports 
 Notification G/SG/N/8/EEC/3, G/SG /N/10/EEC/3, G/SG/N/11/EEC/3/Suppl.1 
(6 January 2005) includes information on evidence of serious injury caused by increased imports 
found during the investigation.  More detailed information can be found in Commission Regulation 
(EC) No 206/2005.  2. Provide information on whether there is an absolute increase in imports or an increase 
in imports relative to domestic production  
 Notification G/SG/N/8/EEC/3, G/SG /N/10/EEC/3, G/SG/N/11/EEC/3/Suppl.1 
(6 January 2005) includes information on absolute increase in imports and increase in imports relative 
to domestic production for the products covered by safeguard measures.  Mo re detailed information 
can be found in Commission Regulation (EC) No 206/2005. 
 
3. Provide precise description of the product involved 
 Notification G/SG/N/8/EEC/3, G/SG /N/10/EEC/3, G/SG/N/11/EEC/3/Suppl.1 
(6 January 2005) contains a complete de scription of the products covered by the 
European Communities’ affirmative determinations . More detailed information can be found in 
Commission Regulation (EC) No 206/2005. 
 
4. Provide precise description of the proposed measure 
 Commission Regulation (EC) No 206/2005 contains a precise description of the measures.  A 
summary is provided below. 
 
A price element was established for all imports of farmed salmon to the Community.  It was 
found that the import price level should be establishe d at EUR 2 850 per tonne for fresh salmon and at 
EUR 2 736 for frozen salmon.  The price element will be phased-in over a period of time, i.e. from the 
                                                     
 
1 Official Journal of the European Union, L33 of 5 February 2005, page 8 – available at 
http://europa.eu.int/eur-lex/lex/JOHtml.do?uri=OJ:L:2005:033:SOM:EN:HTM.  G/SG/N/8/EEC/3/Suppl.1 
 G/SG/N/10/EEC/3/Suppl.1  G/SG/N/11/EEC/3/Suppl.2 
 Page 3 
  date of entry into force of definitive safegua rd measures until 15 April 2005, during which period a 
minimum import price of EUR 2 700 per tonne fo r fresh salmon and EUR 2 592 for frozen salmon 
should apply.  
 
The price element takes the form of a variab le duty.  If imports are undertaken at a CIF 
Community border price equal to or above the impo rt price established, no duty would be payable.  If 
imports are undertaken at a lower price, the difference between the actual price and the import price established would become payable.  This minimum pri ce element shall be applicable at all times, both 
within the tariff quota as set out below, and when the threshold of the tariff quota is reached.  
 
Tariff quotas are also established which reflect traditional levels of imports.  Beyond those 
quotas, an additional duty is payable on imports.  
The tariff quota was divided amongst those countri es/regions having a substantial interest in 
supplying the product concerned, and a part was rese rved to other countries.  After consultation with 
Norway, Chile and the Faeroes which have such a s ubstantial interest and re present substantial import 
shares, a specific tariff quota was assigned to each of  these countries.  In principle, the tariff quota 
should be divided up based on the proportions of th e total quantity of the product supplied by that 
country during the three year period 2001 to 2003.  However, it was noted that imports from Chile fell 
substantially (to below 3 per cent of imports to the Community) in the second semester 2003 due to 
technical reasons concerning border controls, which is approximately half of their normal share of 
imports to the Community.  For this reason imports  from Chile in 2003 are not representative and the 
country specific quota for Chile was instead based on average imports in 2001, 2002 and an adjusted 
figure for 2003 (based on 2002 plus average import gr owth rates in 2003 excluding Chile) so as not to 
distort traditional flows of trade.  In order to ta ke account of the market growth, the tariff quotas 
(based on average imports in 2001 to 2003) were incr eased by 10 per cent.  As the salmon market is 
seasonal, with higher imports and sales in the second semester than the first, the tariff quotas were 
seasonally adjusted.  The quotas were calculated on a whole fish equivalent basis (WFE) and 
conversion ratios to fillets and non-fillets actua lly imported are 1:0,65 and 1:0,9 respectively. 
 
The additional duty payable is EUR 330 euro per tonne (WFE), which, based on the 
conversion ratios shown above , is equivalent to EUR 366 per tonne  for other than fillets and EUR 508 
per tonne for fillets.  
A summary table of the measures (other than the price element) can be found in Annex. 
 5. Provide proposed date of introduction of the measure 
 The measures entered into force on 6 February 2005. 
 
6. Provide expected duration of the measure 
 The measures are expected to apply until 13 August 2008.  
 7. For a measure with a duration of more than three years, provide the proposed date for 
the review (under Article 7.4) to be held not later than the mid-term of the measure, if 
such a date for the review has already been scheduled 
 A mid-term review of the measures will be carried out by August 2006. 
 G/SG/N/8/EEC/3/Suppl.1 
G/SG/N/10/EEC/3/Suppl.1 G/SG/N/11/EEC/3/Suppl.2 
Page 4 
  
8. If the expected duration is over one year, provide expected timetable for progressive 
liberalisation of the measure 
 The measures will be subject to liberalisation on a regular basis following their imposition.  
Liberalisation will commence one year after the imposition of provisional measures, and be 
undertaken annually thereafter.  Liberalisation will take the form of an in crease in the tariff quota 
together with a decrease in the level of the additiona l duty payable beyond the level of the tariff quota.  
On each occasion the tariff quota will be increased  by 10 per cent and the additional duty decreased 
by 5 per cent.   9. Provide information relating to the extension of a safeguard measure 
 Not applicable.   G/SG/N/8/EEC/3/Suppl.1
 G/SG/N/10/EEC/3/Suppl.1
 G/SG/N/11/EEC/3/Suppl.2
 Page 5Annex 
 
Tariff quotas and additional duties 
 
06/02/2005 to 13/08/2005 
 14/08/2005 to 13/08/2006 14/08/2006 to 13/08/2007 14/08/2007 to 13/08/2008 CN code TARIC code Group Origin 
(for 
groups 1 
and 2) 
Tariff 
quota 
(tonnes 
WFE) Additional 
duty 
€/tonne 
Group 1 
(fresh and 
frozen) Additional 
duty 
€/tonne 
Group 2 
(fresh and 
frozen) Tariff 
quota 
(tonnes 
WFE) Additional 
duty 
€/tonne 
Group 1 
(fresh and 
frozen) Additional 
duty 
€/tonne 
Group 2 
(fresh and 
frozen) Tariff 
quota 
(tonnes 
WFE) Additional 
duty 
€/tonne 
Group 1 
(fresh and 
frozen) Additional 
duty 
€/tonne 
Group 2 
(fresh and 
frozen) Tariff 
quota 
(tonnes 
WFE) Additional 
duty 
€/tonne 
Group 1 
(fresh and 
frozen) Additional 
duty 
€/tonne 
Group 2 
(fresh and 
frozen) 
0302 12 00 19 1 Norway 163649   369041   405945   446539   
0302 12 00 38 1 Faeroes 20173 366 508 47921 348 483 52713 330 458 57984 314 436 
1 Chile 16033   36146   39760   43736   ex 0302 12 00 
0302 12 00 98 
 Other 14150   39053   42959   47254   
0303 11 00 18 1              ex 0303 11 00 
0303 11 00 98 1              
0303 19 00 18 1              ex 0303 19 00 
0303 19 00 98 1              
0303 22 00 19 1              ex 0303 22 00 
0303 22 00 88 1              
0304 10 13 19 2              ex 0304 10 13 
0304 10 13 98 2              
0304 20 13 19 2              ex 0304 20 13 
0304 20 13 98 2              
 
  
 
   G/SG/N/8/EEC/3/Suppl.1 
G/SG/N/10/EEC/3/Suppl.1 G/SG/N/11/EEC/3/Suppl.2 
Page 6 
  
III. SUPPLEMENTAL NOTIFICATION UNDER ARTICLE 9 FOOTNOTE 2 OF THE 
AGREEMENT ON SAFEGUARDS 
1. Specify the measure 
 See point II.4 above in the notification under Article 12.1 (b) and 12.1 (c). 
 
2. Specify the product subject to the measure 
 The measures apply to the products described  in the notification under Article 12.1 (b) and 
12.1 (c) above.  3. Specify developing countries to which the meas ure is not applied under Article 9.1 of the 
Agreement on Safeguards and the import s shares of these countries individually and 
collectively 
United Arab Emirates, Afghanistan, Antigua and Barbuda, Angola, Argentina, American Samoa, 
Anguilla, Antarctica, Aruba, Barbados, Bangladesh, Burkina Faso, Bahrain, Burundi, Benin, Brunei 
Darussalam, Bolivia, Brazil, Bahamas, Bhutan , Botswana, Belize, Bermuda, Bouvet Island, 
British Virgin Islands, British Indian Ocean Territory, Democratic Republic of Congo, 
Central African Republic, Congo, Côte d'Ivoire, Cameroon, Chad, Colombia, Costa Rica, Cuba, 
Cape Verde, Cayman Islands, Christmas Island, Co cos Islands (or Keeling Islands), Cook Islands, 
Djibouti, Dominica, Dominican Republic, Algeria, Ecuador, Egypt, Eritrea, Ethiopia, Fiji, 
Federated States of Micronesia, Falkland Islands, Fr ench Polynesia, French  Southern Territories, 
Gabon, Grenada, Ghana, Gambia, Guinea, Equatori al Guinea, Guatemala, Guinea-Bissau, Guyana, 
Gibraltar, Guam, Honduras, Hong Kong, Haiti, Heard Island and McDonald Isla nds, Indonesia, India, 
Iraq, Iran (Islamic Republic of), Jamaica, Jo rdan, Kenya, Cambodia, Kiribati, Comoros, 
St Kitts and Nevis, Kuwait, Lao People's Demo cratic Republic, Lebanon, St Lucia, Sri Lanka, 
Liberia, Lesotho, Libyan Arab Jamahiriya, Mo rocco, Madagascar, Marshall Islands, Mali, Myanmar, 
Mongolia, Mauritania, Mauritius, Maldives, Malawi , Mexico, Malaysia, Mozambique, Macao, China, 
Mayotte, Montserrat, Namibia, Niger, Nigeria, Nicaragua, Nepal, Nauru, Netherlands Antilles, 
New Caledonia and dependencies, Niue Island, No rfolk Island, Northern Mariana Islands, Oman, 
Panama, Peru, Papua New Guinea, People’s Republic  of China, Philippines, Pakistan, Palau, 
Paraguay, Pitcairn, Qatar, Rwanda, Samoa, Saudi  Arabia, Solomon Islands, Seychelles, Sudan, 
Sierra Leone, Senegal, Somalia, Suriname , Sao Tomé and Principe, El Salvador, 
Syrian Arab Republic, Swaziland, Sout h Georgia and South Sandwich Islands, 
St Helena and dependencies, St Pi erre and Miquelon, Togo, Tunisia, Tonga, East Timor, Trinidad and 
Tobago, Tuvalu, Tanzania (United Republic of), Ch inese Taipei, Tokelau, Turks and Caicos Islands, 
United States Minor outlying islands, Uganda, Urugua y, St Vincent and the Northern Grenadines, 
Venezuela, Viet Nam, Vanuatu, Virgin Islands  of USA, Wallis and Futuna Islands, Yemen, 
South Africa, Zambia, and Zimbabwe.  
__________