----

            COMMISSION REGULATION (EC) No 1447/2004

of 13 August 2004         

imposing provisional safeguard measures against imports of farmed salmon

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3285/94 of 22 December 1994 on common rules for imports and repealing Regulation (EC) No 518/94 (1), as last amended by Council Regulation (EC) No 2474/2000 (2), and in particular Articles 6 and 8 thereof,

Having regard to Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) 3420/83 (3), as last amended by Regulation (EC) No 427/2003 (4), and in particular Articles 5 and 6 thereof,

After consultations within the Advisory Committee established under Article 4 of Regulation (EC) No 3285/94 and of Regulation (EC) No 519/94 respectively,

Whereas:

1.   PROCEDURE

2.   LIST OF COOPERATING PARTIES                        

3.   PRODUCT CONCERNED

4.   LIKE OR DIRECTLY COMPETITIVE PRODUCTS

5.   IMPORTS

5.1.   Increase in imports

5.1.1.   Introduction

5.1.2.   Volume of imports                              

5.1.3.   Conclusion

5.2.   Prices of imports

5.3.   Market share of imports

6.   DEFINITION OF THE COMMUNITY PRODUCERS

7.   UNFORESEEN DEVELOPMENTS

8.   SERIOUS INJURY

8.1.   Introduction

8.2.   Analysis of the situation of the Community Producers

8.2.1.   Consumption                              

8.2.2.   Production capacity and capacity utilisation                              

8.2.3.   Production                              

8.2.4.   Employment                              

8.2.5.   Productivity                              

8.2.6.   Sales volume                              

8.2.7.   Market share                              

8.2.8.   Cash flow                              

8.2.9.   Return on capital employed (ROCE)                              

8.2.10.   Price of the like product                              

8.2.11.   Costs                              

8.2.12.   Profitability                              

8.2.13.   Stocks                              

8.2.14.   Conclusion

9.   CAUSATION

9.1.   Analysis of causation factors

9.1.1.   Effect of increased imports

9.1.2.   Effect of changes in consumption in the United Kingdom

9.1.3.   Effect of changes in export performance                              

9.1.4.   Effect of any excess capacity

9.1.5.   Effect of competition amongst the Community producers

9.1.6.   Effect of increased mortality on production costs

9.1.7.   Effect of higher production costs generally

9.1.8.   Higher transport costs in Scotland

9.1.9.   Other factors

9.2.   Attribution of injurious effects

9.3.   Conclusion

10.   CRITICAL SITUATION

10.1.   Conclusion

11.   FINAL CONSIDERATIONS

11.1.   Form and level of provisional safeguard measures

11.2.   System of monitoring

11.3.   Duration

12.   COMMUNITY INTEREST

12.1.   Preliminary remarks

12.2.   Interest of the Community producers

12.3.   Interest of the dependent industries

12.4.   Interests of producers of smolt and feed

12.5.   Interest of users, processors and importers in the Community

12.6.   Interest of consumers in the Community

13.   EXTENSION OF TIME LIMIT FOR THE CURRENT PROCEEDINGS

13.1.   Reasons for extension

13.2.   Extension of time limit

HAS ADOPTED THIS REGULATION:

Article 1

System of tariff quotas and their additional duties

1.   A system of tariff quotas is hereby opened for the period 15 August 2004 to 6 February 2005 in relation to imports into the Community of farmed (other than wild) salmon, whether or not filleted, fresh, chilled or frozen, classified within CN codes ex 0302 12 00, ex 0303 11 00, ex 0303 19 00, ex 0303 22 00, ex 0304 10 13 and ex 0304 20 13 (hereinafter farmed salmon). The volume of the tariff quotas and the countries to which they apply are specified in Annex I. The quotas have been calculated on a whole fish equivalent basis (WFE) and conversion ratios to fillets (Group 2) and non-fillets (Group 1) actually imported are 1:0,65 and 1:0,9 respectively.

2.   Wild salmon shall not be subject, or allocated, to the tariff quotas. For the purpose of this Regulation, wild salmon shall be that in respect of which the competent authorities of the Member State where the customs declaration for free circulation is accepted are satisfied, by means of all appropriate documents to be provided by interested parties, that it was caught at sea for Atlantic or Pacific salmon or in rivers for Danube salmon.

3.   For the purposes of determining the level of additional duty payable, farmed salmon falling within CN codes ex 0302 12 00, ex 0303 11 00, ex 0303 19 00, ex 0303 22 00 shall fall within Group 1 in Annex I, whilst those falling within ex 0304 10 13 and ex 0304 20 13 shall fall within Group 2.

4.   Subject to Article 2, imports of farmed salmon beyond the level of the tariff quota shall be subject to the additional duty specified in Annex I for the group to which they belong.

5.   The conventional rate of duty provided in Council Regulation (EC) No 2658/87 (10), as last amended by Commission Regulation (EC) No 2344/2003 (11) or any preferential rate of duty, shall continue to apply to imports of farmed salmon.

6.   If circumstances should change, these measures may be reviewed by the Commission.

Article 2

Developing countries

Imports of farmed salmon originating in one of the developing countries specified in Annex II shall not be subject, or allocated, to the tariff quotas.

Article 3

General provisions

1.   The origin of the farmed salmon to which this Regulation applies shall be determined in accordance with the provisions in force in the Community.

2.   Subject to paragraph 3, any release into free circulation in the Community of farmed salmon originating in a developing country shall be subject to:

3.   The certificate of origin referred to in paragraph 2(a) shall not be required for imports of farmed salmon covered by a proof of origin issued or made out in accordance with the relevant rules established in order to qualify for preferential tariff measures.

4.   Proof of origin shall be accepted only if the farmed salmon meet the criteria for determining origin set out in the provisions in force in the Community.

Article 4

Direct transport

1.   The following shall be considered as transported direct to the Community from a third country:

2.   Proof that the conditions referred to in paragraph 1(b) have been satisfied shall be submitted to the Community authorities. That proof may be provided, in particular, in the form of one of the following documents:

Article 5

Imports in the process of shipment to the Community

1.   This Regulation shall not apply to products in the process of shipment to the Community within the meaning of paragraph 2.

2.   Products shall be deemed to be in the process of shipment to the Community if they:

3.   The parties concerned shall provide, to the satisfaction of the customs authorities, proof that the conditions laid down in paragraph 2 have been met.

However, the authorities may regard the products as having left the country of origin before the date this Regulation begins to apply if one of the following documents is provided:

Article 6

The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.

Article 7

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union and apply until 6 February 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 August 2004.

For the Commission

Pascal LAMY            

Member of the Commission

----

(1)OJ L 349, 31.12.1994, p. 53.

(2)OJ L 286, 11.11.2000, p. 1.

(3)OJ L 67, 10.3.1994, p. 89.

(4)OJ L 65, 8.3.2003, p. 1.

(5)OJ C 58, 6.3.2004, p. 7.

(*1)  Prices adjusted to ex Glasgow.

(*2)  Prices adjusted to ex Glasgow.

(*3)  Import prices are cif including import duty of 2 %.

(6)  Norwegian Directorate of Fisheries Statistical Survey 2002.

(7)  Based on available information in the absence of reliable Eurostat data for this period.

(8)OJ L 253, 11.10.1993, p. 1.

(9)OJ L 343, 31.12.2003, p. 1.

(10)OJ L 256, 7.9.1987, p. 1.

(11)OJ L 346, 31.12.2003, p. 38.

----

ANNEX I

----

ANNEX II

List of developing countries — excluded from the measures as they export less than 3 % of imports to the Community.

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, Chile, Cameroon, Chad, Colombia, Costa Rica, Cuba, Cape Verde, Cayman Islands, Christmas Island, Cocos Islands (or Keeling Islands), Cook Islands, Djibouti, Dominica, Dominican Republic, Algeria, Ecuador, Egypt, Eritrea, Ethiopia, Fiji, Federated States of Micronesia, Falkland Islands, French Polynesia, French Southern Territories, Gabon, Grenada, Ghana, Gambia, Guinea, Equatorial Guinea, Guatemala, Guinea-Bissau, Guyana, Gibraltar, Guam, Honduras, Hong Kong, Haiti, Heard Island and McDonald Islands, Indonesia, India, Iraq, Iran (Islamic Republic of), Jamaica, Jordan, Kenya, Cambodia, Kiribati, Comoros, St Kitts and Nevis, Kuwait, Lao People's Democratic Republic, Lebanon, St Lucia, Sri Lanka, Liberia, Lesotho, Libyan Arab Jamahiriya, Morocco, Madagascar, Marshall Islands, Mali, Myanmar, Mongolia, Mauritania, Mauritius, Maldives, Malawi, Mexico, Malaysia, Mozambique, Macau, Mayotte, Montserrat, Namibia, Niger, Nigeria, Nicaragua, Nepal, Nauru, Netherlands Antilles, New Caledonia and Dependencies, Niue Island, Norfolk 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, São Tomé and Príncipe, El Salvador, Syrian Arab Republic, Swaziland, South Georgia and South Sandwich Islands, St Helena and Dependencies, St Pierre and Miquelon, Togo, Tunisia, Tonga, East Timor, Trinidad and Tobago, Tuvalu, Tanzania (United Republic of), Chinese Taipei, Tokelau, Turks and Caicos Islands, United States minor outlying islands, Uganda, Uruguay, St Vincent and the Northern Grenadines, Venezuela, Vietnam, Vanuatu, Virgin Islands of the United States of America, Wallis and Futuna Islands, Yemen, South Africa, Zambia and Zimbabwe.

----