1997D0634 — EN — 23.02.2002 — 016.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of26September1997
acceptingundertakingsofferedinconnectionwiththeanti-dumpingandanti-subsidyproceedings
concerningimportsoffarmedAtlanticsalmonoriginatinginNorway
(97/634/EC)
(OJ L 267, 30.9.1997, p. 81)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EC) No 2529/97 of 16 December 1997 L 346 63 17.12.1997
►M2CommissionRegulation(EC) No 651/98 of 23 March 1998 L 88 31 24.3.1998
►M3CommissionRegulation(EC) No 1126/98 of 29 May 1998 L 157 82 30.5.1998
►M4CommissionRegulation(EC) No 1789/98 of 14 August 1998 L 228 4 15.8.1998
►M5CommissionDecision98/540/EC of 11 September 1998 L 252 68 12.9.1998
►M6CommissionRegulation(EC) No 2249/98 of 19 October 1998 L 282 57 20.10.1998
►M7CommissionRegulation(EC) No 82/1999 of 13 Jan uary 1999 L 8 8 14.1.1999
►M8CommissionRegulation(EC) No 131/1999 of 21 Jan uary 1999 L 17 12 22.1.1999
►M9CommissionRegulation(EC) No 929/1999 of 29 April 1999 L 115 13 4.5.1999
►M10CommissionRegulation(EC) No 1826/1999 of 23 August 1999 L 223 3 24.8.1999
►M11CommissionRegulation(EC) No 2592/1999 of 8 December 1999 L 315 17 9.12.1999
►M12CommissionDecision2000/522/EC of 26 July 2000 L 208 47 18.8.2000
►M13CommissionDecision2000/744/EC of 30 October 2000 L 301 82 30.11.2000
►M14CommissionDecision2001/544/EC of 26 Jun e 2001 L 195 50 19.7.2001
►M15CommissionDecision2001/644/EC of 20 July 2001 L 227 49 23.8.2001
►M16CommissionDecision2002/157/EC of 5 February 2002 L 51 32 22.2.2002
Corrected by:
►C1Corrigendum, OJ L 337, 9.12.1997, p. 18 (97/634/EC)
►C2Corrigendum, OJ L 72, 18.3.1999, p. 41 (131/1999/EC)
▼B
COMMISSIONDECISION
of26September1997
accepting undertakings offered in connection with the anti-
dumping and anti-subsidy proceedings concerning imports of
farmedAtlanticsalmonoriginatinginNorway
(97/634/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
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 notmembers of the EuropeanCommun ity(
1), as amended by Regulation
(EC) No 2331/96(2), and in particular Article 8 (1) thereof,
Having regard to Council Regulation (EC) No 3284/94 of 22 December
1994 on protection against subsidized imports from countries notmembers of the EuropeanCommun ity(
3), and in particular Article 10
(1) thereof,
After consulting the Advisory Committee,Whereas:
(1)On 31 August 1996, the Commission announced, by a notice
published inthe Official Journal of the European Commu-
nities(4), the initiation of anti-subsidy proceedings in respect of
imports of farmed Atlantic salmon originating in Norway.
(2)On 31 August 1996, the Commission also announced, by a sepa-rate notice published in the Official Journal of the European
Communities (
5), the initiation of an anti-dumping proceeding in
respect of imports of farmed Atlantic salmon originating inNorway.
(3)Both of the above mentioned proceedings were initiatedfollowing complaints lodged in July 1996 by the ScottishSalmon Growers' Association Ltd and the Shetland SalmonFarmers' Associationonbehalf of their members, which repre-sent a major proportion of total Community production offarmed Atlantic salmon. The complaints contained sufficient
evidence of injurious dumping and subsidization of the imports
concerned to justify the initiation of anti-dumping and anti-subsidy proceedings.
(4)The Commission sought and verified all information that itdeemed necessary for the purpose of its definitive findings. In
the course of this examination, it was established that definitive
anti-dumping and countervailing measures should be taken inorder to eliminate the injurious effects of dumping and subsidi-zation. The findings and conclusions on all aspects of theinvestigations are set out in Council Regulation (EC) No 1890/79(
6) and (EC) No 1891/97(7).
(5)Having been informed of the Commission's findings, theKingdom of Norway and the Norwegian exporters referred to inArticle 1 of the present Decision offered undertakings pursuantto Article 10 of Council Regulation (EC) No 3284/94. TheNorwegian exporters also offered their undertakings pursuant toArticle 8 of Council Regulation (EC) No 384/96.1997D0634 — EN — 23.02.2002 — 016.001 — 2
(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 317, 6. 12. 1996, p. 1.
(3) OJ L 349, 31. 12. 1994, p. 22.
(4) OJ C 253, 31. 8. 1996, p. 20.
(5) OJ C 253, 31. 8. 1996, p. 18.
(6) See page 1 of this Official Journal.
(7) See page 19 of this Official Journal.
▼B
(6)Pursuant to these undertakings, the Norwegian exporters, have,
inter alia , offered not to sell the product under investigation to
their first unrelated customer in the Community below a certainminimum price. Norway, for its part, has agreed to take anumber of measures which will contribute to eliminating theinjurious effects of subsidisation. Both Norway and the Norwe-gian exporters concerned have agreed to comply with their
undertakings as of 1 July 1997.
(7)The Commission considers that the combined effect of the above
mentioned undertakings will be sufficient to remove the injur-ious effects of dumping and subsidization.
(8)Inaddition , giventhat Norway has offered to co-operate with the
Commission in monitoring the evolution of Norwegian exports
of farmed Atlantic salmon to the Community, and that theexporters which have offered undertakings have agreed toprovide the Commission with regular and detailed informationon their exports to the Community, it is concluded that thecorrect observance of the undertakings can be effectively moni-
tored by the Commission.
(9)Under these circumstances, the undertakings offered by Norway
and the Norwegian exporters mentioned below, are consideredacceptable, and the investigations can, therefore, be terminatedwith respect to those parties.
(10)All exporters and related importers concerned were informed ofthe essential facts and considerations on the basis of which itwas intended to recommend the termination of the investigationswithout the impositionof measures with regard to parties fromwhich undertakings have been accepted and these parties have
had the opportunity to comment on all aspects of the investiga-
tions. Accordingly, should the Commission have reasons tobelieve that an undertaking is being violated, a provisional anti-dumping duty and a provisional countervailing duty may beimposed pursuant to Article 8 (10) of Regulation (EC) No 384/96 and Article 10 (10) of Regulation (EC) No 3284/94, respec-
tively. A definitive anti-dumping duty and a definitive
countervailing duty will be imposed, should the conditions ofArticle 8 (9) of Regulation(EC) No 384/96 an d Article 10 (9)of RegulationNo (EC) 3284/94 respectively be met.
(11)The Advisory Committee was consulted and no objections were
raised as to the acceptance of the undertakings offered.
(12)Having been informed of the main facts and considerations on
the basis of which the Commission intended to accept the under-takings, the Community industry expressed concern that, in viewof past experience with minimum prices, these undertakings
would not constitute an effective remedy to the injury it was
suffering.
(13)It should be pointed out that these undertakings contain strictmonitoring provisions and, furthermore, unlike the minimumprices previously imposed, they will be underpinned by residualduties which may be imposed incases of violation . It is there-
fore considered that these measures are adequate to remedy the
injurious effects of dumping and subsidisation,
HAS ADOPTED THIS DECISION:
Article 1
The undertakings offered by the Kingdom of Norway and by the
Norwegian exporters mentioned in the Annex to this Decision, inconnection with the anti-subsidy proceeding concerning imports intothe Community of farmed Atlantic salmon originating in Norway, are
hereby accepted.
The undertakings offered by the Norwegian exporters mentioned in the
Annex to this Decision, in connection with the anti-dumping1997D0634 — EN — 23.02.2002 — 016.001 — 3
▼B
proceeding concerning imports into the Community of farmed Atlantic
salmon originating in Norway, are hereby accepted.
Article 2
The investigations in connection with the anti-dumping and anti-
subsidy proceedings referred to in Article 1 are hereby terminated
with regard to the parties named in that Article.
Article 3
This Decision shall enter into force on the day following its publication
inthe Official Journal of the European Communities .1997D0634 — EN — 23.02.2002 — 016.001 — 4
▼M16
ANNEX
LIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE
ACCEPTED
UT No Company nameTARIC addi-
tional code
3 Rosfjord Seafood AS 8325
7 Aqua Export A/S 8100
8 Aqua Partner A/S 8101
11 Arctic Group International 810913 Artic Superior A/S 811115 A/S Aalesundfisk 811316 Austevoll Eiendom AS 811417 A/S Keco 811520 A/S Refsnes Fiskeindustri 811821 A/S West Fish Ltd 8119
22 Astor A/S 8120
24 Atlantic Seafood A/S 812226 Borkowski & Rosnes A/S 812427 Brødrene Aasjord A/S 812531 Christiansen Partner A/S 812932 Clipper Seafood A/S 813033 Coast Seafood A/S 813135 Dafjord Laks A/S 813339 DomsteinFish A/S 813641 Ecco Fisk & Delikatesse 8138
42 Edvard Johnsen A/S 8139
43 Fjord Seafood ASA 814044 Euronor AS 814146 Fiskeforsyningen AS 814347 Fjord Aqua Group AS 814448 Fjord Trading Ltd AS 814550 FossenAS 814751 Fresh Atlantic AS 814852 Fresh Marine Company AS 814956 Gje-Vi AS 81531997D0634 — EN — 23.02.2002 — 016.001 — 5
▼M16
UT No Company nameTARIC addi-
tional code
58 Grieg Seafood AS 8300
61 Hallvard Lerøy AS 830362 Fjord Seafood Måløy A/S 830466 Marine Harvest Norway AS 815967 Hydrotech-gruppenAS 842872 Inter Sea AS 817475 Janas A/S 817776 Joh. H. PettersenAS 817877 JohanJ. Hellan d AS 817979 KarstenJ. Ellin gsenAS 818180 Kr Kleiven& Co. AS 818282 Labeyrie Norge AS 818483 Lafjord Group AS 818585 Leica Fiskeprodukter 818787 LofotenSeafood Export AS 818892 Marine Seafood AS 819696 Memo Food AS 820098 Misundfisk AS 8202
100 Naco Trading AS 8206101 Fjord Seafood Midt-Norge A/S 8207104 Nergård AS 8210105 Nils WilliksenAS 8211
107 Nisja Trading AS 8213
108 Nor-Food AS 8214111 Nordic Group ASA 8217112 Nordreisa Laks AS 8218113 Norexport AS 8223114 Norfi Produkter AS 8227115 Norfood Group AS 8228116 Norfra Eksport AS 8229119 Norsk Akvakultur AS 8232120 Norsk Sjømat AS 82331997D0634 — EN — 23.02.2002 — 016.001 — 6
▼M16
UT No Company nameTARIC addi-
tional code
121 NorthernSeafood AS 8307
122 Nortrade AS 8308123 Norway Royal SalmonSales AS 8309124 Norway Royal SalmonAS 8312126 Frionor AS 8314128 Norwell AS 8316137 PanFish Sales AS 8242140 Polar SalmonAS 8247141 Prilam Norvège AS 8248142 Pundslett Fisk 8251144 OlsenSeafood AS 8254145 Marine Harvest Rogaland AS 8256146 Rørvik Fisk- og fiskematforretning AS 8257147 Saga Lax Norge AS 8258148 Prima Nor AS 8259151 Sangoltgruppa AS 8262153 Scanfood AS 8264154 Sea Eagle Group AS 8265155 Sea Star International AS 8266156 Sea-Bell AS 8267157 Seaco AS 8268158 Seacom AS 8269
160 Seafood Farmers of Norway Ltd AS 8271
161 Seanor AS 8272162 Sekkingstad AS 8273164 Sirena Norway AS 8275165 Kinn Salmon AS 8276167 Fjord Seafood Sales AS 8278168 SMP Marine Produkter AS 8279172 Stjernelaks AS 8283174 Stolt Sea Farm AS 8285175 Storm Company AS 82861997D0634 — EN — 23.02.2002 — 016.001 — 7
▼M16
UT No Company nameTARIC addi-
tional code
176 Superior AS 8287
178 Terra Seafood AS 8289
180 Timar Seafood AS 8294
182 Torris Products Ltd AS 8298183 Troll SalmonAS 8317188 Vikenco AS 8322
189 Wannebo International AS 8323
190 West Fish NorwegianSalmonAS 8324191 Nor-Fa Fish AS 8102193 F. Uhrenholt Seafood Norway AS A033194 MesanHoldin g AS A034
195 Polaris Seafood AS A035
196 Scanfish AS A036197 Normarine AS A049198 Oskar Einar Rydbeck A050
199 Emborg Foods Norge AS A157
200 Helle Mat AS A158201 Norsea Food AS A159202 SalmonCompan y Fjord Norway AS A160
203 Stella Polaris AS A161
204 First SalmonAS A205205 Norlaks A/S A206206 Atlantis AS A257
207 Cape Fish AS A2581997D0634 — EN — 23.02.2002 — 016.001 — 8