# C_2008298EN.01000701.xml

| 21.11.2008 | EN | Official Journal of the European Union | C 298/7 |
| --- | --- | --- | --- |

21.11.2008

EN

Official Journal of the European Union

C 298/7

---

Notice regarding the termination of the process concerning the implementation of the Panel report adopted by the WTO Dispute Settlement Body concerning the anti-dumping measure applicable to imports of farmed salmon originating in Norway

(2008/C 298/04)

1.   Background

In January 2006, the Council, by Regulation (EC) No 85/2006 (1), imposed a definitive anti-dumping duty and collected definitively the provisional duty imposed on imports of farmed salmon originating in Norway (‘the original measure’). Subsequently, Norway lodged a World Trade Organisation (‘WTO’) dispute settlement proceeding challenging certain aspects of this Regulation (‘the measure’) and the report of the WTO Panel, which had been established by the WTO Dispute Settlement Body (DSB), was circulated to WTO members on 16 November 2007. At its meeting on 15 January 2008, the DSB adopted the Panel report (‘the report’). An implementation process was initiated in order to bring the original measure into conformity with the recommendations and rulings contained in the report (‘the implementation’).

1

2.   Termination of the implementation

In May 2008, the Commission published a notice (‘the notice’) in the Official Journal (2) providing all the details concerning the implementation of the report recommendations and rulings. Questionnaires were sent to all relevant parties and to parties which made themselves known within the time limits provided under point 5(b) of the notice (‘interested parties’).

2

However, in April 2007 (3), certain Member States of the European Union (the applicants) provided prima facie evidence that the basis on which the measures were established had changed. The applicants alleged and provided prima facie evidence showing that dumping from Norwegian exporters was reduced significantly and that therefore, the continued imposition of measures would not be justified. The Commission thus initiated a partial interim review (the review) pursuant to Article 11(3) of the basic Regulation (4).

3

prima facie

prima facie

4

The review showed that Norwegian exporters were not dumping their products on the Community market. Accordingly, in July 2008, by Council Regulation (EC) No 685/2008 (5), the Council repealed the original measures in force on farmed salmon originating in Norway.

5

As a consequence, the implementation proceeding referred to in the notice is terminated.

All interested parties were given an opportunity to comment on the termination and or to address any claim concerning their rights of defence to the Hearing Officer (6). No party made comments or referred to the Hearing Officer.

6

---

(1)  OJ L 15, 20.1.2006, p. 1.

1

(2)  OJ C 127, 24.5.2008, p. 32.

2

(3)  OJ C 88, 21.4.2007.

3

(4)  Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community.

4

(5)  OJ L 192, 19.7.2008, p. 5.

5

(6)  If interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular, with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade (http://ec.europa.eu/trade).

6

---