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"B COMMISSION DECISION
of 26 September 1997
accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings
concerning imports of farmed Atlantic salmon originating in Norway
(97/634/EC)
(OJ L 267, 30.9.1997, p. 81)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2529/97 of 16 December 1997 L 346 63 17.12.1997
"M2 Commission Regulation (EC) No 651/98 of 23 March 1998 L 88 31 24.3.1998
"M3 Commission Regulation (EC) No 1126/98 of 29 May 1998 L 157 82 30.5.1998
"M4 Commission Regulation (EC) No 1789/98 of 14 August 1998 L 228 4 15.8.1998
"M5 Commission Decision 98/540/EC of 11 September 1998 L 252 68 12.9.1998
Corrected by:
"C1 Corrigendum, OJ L 337, 9.12.1997, p. 18 (97/634/EC)1997D0634 — EN — 11.09.1998 — 005.001 — 1
COMMISSION DECISION
of 26 September 1997
accepting undertakings offered in connection with the anti-dumping
and anti-subsidy proceedings concerning imports of farmed Atlantic
salmon originating in Norway
(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 not members
of the European Community (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 not
members of the European Community (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 in the Official Journal of the European Communities (
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
separate 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 in
Norway.
(3) Both of the above mentioned proceedings were initiated following
complaints lodged in July 1996 by the Scottish Salmon Growers’
Association Ltd and the Shetland Salmon Farmers’ Association on
behalf of their members, which represent a major proportion of
total Community production of farmed 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 it
deemed 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 in
order to eliminate the injurious effects of dumping and
subsidization. The findings and conclusions on all aspects of the
investigations 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, the
Kingdom of Norway and the Norwegian exporters referred to in
Article 1 of the present Decision offered undertakings pursuant to
Article 10 of Council Regulation (EC) No 3284/94. The
Norwegian exporters also offered their undertakings pursuant to
Article 8 of Council Regulation (EC) No 384/96.!B
(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.1997D0634 — EN — 11.09.1998 — 005.001 — 2
(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 certain
minimum price. Norway, for its part, has agreed to take a number
of measures which will contribute to eliminating the injurious
effects of subsidisation. Both Norway and the Norwegian
exporters concerned have agreed to comply with their undertak-
ings as of 1 July 1997.
(7) The Commission considers that the combined effect of the above
mentioned undertakings will be sufficient to remove the injurious
effects of dumping and subsidization.
(8) In addition, given that 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 the exporters
which have offered undertakings have agreed to provide the
Commission with regular and detailed information on their
exports to the Community, it is concluded that the correct
observance of the undertakings can be effectively monitored by
the Commission.
(9) Under these circumstances, the undertakings offered by Norway
and the Norwegian exporters mentioned below, are considered
acceptable, and the investigations can, therefore, be terminated
with respect to those parties.
(10) All exporters and related importers concerned were informed of
the essential facts and considerations on the basis of which it was
intended to recommend the termination of the investigations
without the imposition of measures with regard to parties from
which undertakings have been accepted and these parties have had
the opportunity to comment on all aspects of the investigations.
Accordingly, should the Commission have reasons to believe that
an undertaking is being violated, a provisional anti-dumping duty
and a provisional countervailing duty may be imposed pursuant to
Article 8 (10) of Regulation (EC) No 384/96 and Article 10 (10)
of Regulation (EC) No 3284/94, respectively. A definitive
anti-dumping duty and a definitive countervailing duty will be
imposed, should the conditions of Article 8 (9) of Regulation (EC)
No 384/96 and Article 10 (9) of Regulation No (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 undertak-
ings, the Community industry expressed concern that, in view of
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 strict
monitoring provisions and, furthermore, unlike the minimum
prices previously imposed, they will be underpinned by residual
duties which may be imposed in cases of violation. It is therefore
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, in
connection with the anti-subsidy proceeding concerning imports into the
Community of farmed Atlantic salmon originating in Norway, are hereby
accepted.!B1997D0634 — EN — 11.09.1998 — 005.001 — 3
The undertakings offered by the Norwegian exporters mentioned in the
Annex to this Decision, in connection with the anti-dumping 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
in the Official Journal of the European Communities .!B1997D0634 — EN — 11.09.1998 — 005.001 — 4
ANNEX
COMP ANIES FROM WHICH THE COMMISSION ACCEPTED UNDER-
TAKINGS
Undertak-
ing NoCompany nameTARIC additional
code
001 A. Øvreskotnes AS 8095
003 Agnefest Seafood 8325
005 Alsvåg Fiskeprodukter A/S 8098
007 Aqua Export A/S 8100
008 Aqua Partner A/S 8101
011 Arctic Group International AS 8109
013 Arctic Superior AS 8111
014 Arne Mathiesen AS 8112
015 AS Aalesundfisk 8113
016 AS Austevoll Fiskeindustri 8114
017 AS Keco 8115
019 AS Nortraders Ltd 8117
020 AS Refsnes Fiskeindustri 8118
021 AS West Fish Ltd 8119
022 Astor AS 8120
023 Atlantic King Stranda AS 8121
024 Atlantic Seafood AS 8122
026 Borkowski & Røsnes AS 8124
027 Brødrene Aasjord AS 8125
028 Brødrene Eilertsen AS 8126
030 Brødrene Remø AS 8128
031 Christiansen Partner AS 8129
032 Clipper Seafood AS 8130
033 Coast Seafood AS 8131
035 Dåfjord Laks AS 8133
036 Delfa Norge AS 8134
039 Domstein Salmon AS 8136
041 Ecco Fisk & Delikatesse 8138
042 Edvard Johnsen AS 8139
043 Eurolaks AS 8140
044 Euronor AS 8141
045 Fader Martin AS 8142!M51997D0634 — EN — 11.09.1998 — 005.001 — 5
Undertak-
ing NoCompany nameTARIC additional
code
046 Fiskeforsyningen AS 8143
047 Fjord Aqua Group AS 8144
048 Fjord Trading Ltd AS 8145
049 Fonn Egersund AS 8146
050 Fossen AS 8147
051 Fresh Atlantic AS 8148
052 Fresh Marine Company AS 8149
053 Fryseriet AS 8150
055 Gigante Fiskekroken AS 8152
058 Grieg Seafood AS 8300
059 Gunnar Klo AS 8301
060 Haafa fisk AS 8302
061 Hallvard Lerøy AS 8303
062 Herøy Filetfabrikk AS 8304
064 Hirsholm Norge AS 8306
065 Hitramat & Delikatesse AS 8154
066 Hydro Seafood Sales AS 8159
067 Hydrotech-gruppen AS 8428
068 Icelandic Freezing Plants N. AS 8165
070 Incofood AS 8172
071 Inter Road AS 8173
072 Inter Sea AS 8174
075 Janas AS 8177
076 Joh. H. Pettersen AS 8178
077 Johan J. Helland AS 8179
079 Karsten J. Ellingsen AS 8181
080 Kr. Kleiven & Co. AS 8182
082 Labeyrie Norge AS 8184
083 Lafjord Group AS 8185
084 Langfjord Laks AS 8186
085 Leica Fiskeprodukter 8187
086 Leonhard Products A/S 8423
087 Lofoten Seafood Export AS 8188
088 Lorentz A. Lossius AS 8189
089 Ma-vo Norge AS 8190
090 Marex AS 8326!M51997D0634 — EN — 11.09.1998 — 005.001 — 6
Undertak-
ing NoCompany nameTARIC additional
code
092 Marine Seafood AS 8196
093 Marstein Seafood AS 8197
095 Melands Røkeri Eftf. AS 8199
096 Memo Food AS 8200
098 Midsundfisk AS 8202
099 Myre Sjømat AS 8203
100 Naco Trading AS 8206
101 Namdal Salmon AS 8207
104 Nergård AS 8210
105 Nils Williksen AS 8211
106 Niscan Corporation 8212
107 Nisja Trading AS 8213
108 Nor-Food AS 8214
109 Nor-Trade International 8215
111 Nordic Group ASA 8217
112 Nordreisa Laks AS 8218
113 Norexport AS 8223
114 Norfi Produkter AS 8227
115 Norfood Group AS 8228
116 Norfra Eksport AS 8229
117 NorMan Trading Ltd AS 8230
119 Norsk Akvakultur AS 8232
120 Norsk Sjømat AS 8233
121 Northern Seafood AS 8307
122 Nortrade AS 8308
123 Norway Royal Salmon Sales AS 8309
124 Norway Royal Salmon AS 8312
125 Norway Seafarms AS 8313
126 Norway Seafoods ASA 8314
128 Norwell AS 8316
129 Notfisk Arctic AS 8234
130 Nova Sea AS 8235
134 Ok-Fish Kvalheim AS 8239
136 Oster Sea Products AS 8241
137 Pan Fish Sales AS 8242
138 Pero Food AS 8243!M51997D0634 — EN — 11.09.1998 — 005.001 — 7
Undertak-
ing NoCompany nameTARIC additional
code
140 Polar Seafood Norway AS 8247
141 Prilam Norvège AS 8248
142 Pundslett Fisk 8251
143 Roger AS 8253
144 Rolf Olsen Seafood AS 8254
145 Ryfisk AS 8256
146 Rørvik Fisk-og fiskematforretning AS 8257
147 Saga Lax Norge AS 8258
148 Sagalax Nord AS 8259
149 Salomega AS 8260
151 Sangoltgruppa AS 8262
153 Scanfood AS 8264
154 Sea Eagle Group AS 8265
155 Sea Star International AS 8266
156 Sea-Bell AS 8267
157 Seaco AS 8268
158 Seacom AS 8269
159 Seacom Nord AS 8270
160 Seafood Farmers of Norway Ltd AS 8271
161 Seanor AS 8272
162 Sekkingstad AS 8273
164 Sirena Norway AS 8275
165 Kinn Salmon AS 8276
166 Skarpsno Mat 8277
167 SL Fjordgruppen AS 8278
168 SMP Marine Produkter AS 8279
171 Stavanger Røkeri AS 8282
172 Stjernelaks AS 8283
174 Stolt Sea Farm AS 8285
175 Storm Company AS 8286
176 Superior AS 8287
177 Svenodak AS 8288
178 Terra Seafood AS 8289
180 Timar Seafood AS 8294
182 Torris Products Ltd AS 8298
183 Troll Salmon AS 8317!M51997D0634 — EN — 11.09.1998 — 005.001 — 8
Undertak-
ing NoCompany nameTARIC additional
code
186 Vest Agentur AS 8320
187 Vie de France Norway AS 8321
188 Vikenco AS 8322
189 Wannebo International AS 8323
190 West Fish Norwegian Salmon AS 8324
191 Nor-Fa Food AS 8102!M51997D0634 — EN — 11.09.1998 — 005.001 — 9