1999R0772 — EN — 20.07.2001 — 009.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 772/1999
of 30 March 1999
imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon
originating in Norway and repealing Regulations (EC)No 1890/97 and (EC)No 1891/97
(OJ L 101, 16.4.1999, p. 1)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 929/1999 of 29 April 1999 L 115 13 4.5.1999
►M2 CouncilRegul ation (EC) No 1003/1999 of 10 May 1999 L 123 19 13.5.1999
►M3 Commission Regulation (EC) No 1826/1999 of 23 August 1999 L 223 3 24.8.1999
►M4 CouncilRegul ation (EC) No 1895/1999 of 27 August 1999 L 233 1 3.9.1999
►M5 Commission Regulation (EC) No 2592/1999 of 8 December 1999 L 315 17 9.12.1999
►M6 CouncilRegul ation (EC) No 2652/1999 of 13 December 1999 L 325 1 17.12.1999
►M7 CouncilRegul ation (EC) No 1783/2000 of 16 August 2000 L 208 1 18.8.2000
►M8 CouncilRegul ation (EC) No 2606/2000 of 27 November 2000 L 301 61 30.11.2000
►M9 Council Regulation (EC) No 1469/2001 of 16 July 2001 L 195 1 19.7.2001
▼B
COUNCIL REGULATION (EC)No 772/1999
of 30 March 1999
imposing definitive anti-dumping and countervailing duties on
imports of farmed Atlantic salmon originating in Norway and
repealing Regulations (EC)No 1890/97 and (EC)No 1891/97
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to CouncilRegul ation (EC) No 384/96 of 22 December
1995 on protection against dumped imports from countries not membersof the European Community (
1), and in particular Article 11(3) thereof,
Having regard to CouncilRegul ation (EC) No 2026/97 of 6 October
1997 on protection against subsidised imports from countries notmembers of the European Community (
2), and in particular Article 19
thereof,
Having regard to the proposalsubmitted by the Commission after
consulting the Advisory Committee,
Whereas:
1.PREVIOUS PROCEDURE
(1) By Regulations (EC) No 1890/97 (3) (hereinafter ‘the anti-
dumping Regulation’) and 1891/97 (4) (hereinafter ‘the counter-
vailing Regulation’), definitive anti-dumping and countervailingduties (hereinafter ‘the duties’) were imposed on imports offarmed (other than wild Atlantic salmon from Norway (herein-after ‘salmon’), with the exception of imports of salmon exportedby the companies from which undertakings had been accepted by
the Commission. The rate of the definitive anti-dumping duty was
set at EUR 0,32 (
5) per kilo net product weight, and the rate of the
definitive countrvailing duty at the level of 3,8 % ad valorem
applicable to the net free-at-Community-frontier price, beforeduties.
(2) By Decision 97/634/EC (6), the Commission accepted an under-
taking from the Kingdom of Norway and price undertakings from190 Norwegian exporters.
(3) Pursuant to Article 8(9) and (10) of Regulation (EC) No 384/96(hereinafter ‘the basic anti-dumping Regulation’) and Article13(9) and (10) of Regulation (EC) No 2026/97 (hereinafter ‘the
basic countervailing Regulation’), provisional (
7) and/or defini-
tive (8) anti-dumping and countervailing duties have been imposed
on imports of salmon exported by a number of companies whichhave either violated or withdrawn their undertakings. The dutyrates applied in all these cases are those mentioned in recital 1
above.1999R0772 — EN — 20.07.2001 — 009.001 — 2
(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No
905/98 (OJ L 128, 30.4.1998, p. 18).
(2) OJ L 288, 21.10.1997, p. 1.
(3) OJ L 267, 30.9.1997, p. 1. Regulation as last amended by Regulation (EC) No
297/1999 (OJ L 37, 11.2.1999, p. 1).
(4) OJ L 267, 30.9.1997, p. 19. Regulation as last amended by Regulation (EC)
No 297/1999.
(5) In accordance with Article 2(1) of Regulation (EC) No 1103/97 (OJ L 162,
19.6.1997, p. 1), every reference in a legal instrument to the ecu shall be
replaced by a reference to the euro at a rate of EUR 1 to ECU 1.
(6) OJ L 267, 30.9.1997, p. 81.
(7) Regulation (EC) No 82/1999 (OJ L 8, 14.1.1999, p. 8).
(8) Regulation (EC) No 772/98 (OJ L 111, 9.4.1998, p. 10).
Regulation (EC) No 2039/98 (OJ L 263, 26.9.1998, p. 3).
Regulation (EC) No 2052/98 (OJ L 264, 29.9.1998, p. 17).
Regulation (EC) No 2678/98 (OJ L 337, 12.12.1998, p. 1).
Regulation (EC) No 297/1999 (OJ L 37, 11.2.1999, p. 1).
▼B
2.REVIEW INVESTIGATION
(4) In the course of the monitoring of the price undertakings by the
Commission, it became apparent that the effectiveness of the
different measures was being undermined as, under certain
circumstances, certain exporters which were not subject to theprice undertakings were able to sell salmon on the Communitymarket at injurious prices, even after payment of the duties. Thissituation increased the risk that other exporters which were boundby undertakings would almost be forced to lower their prices to
compete with these comparatively cheap imports would therefore
act in violation of their undertakings. With more than 80 % ofsalmon being exported by companies bound by undertakings, thiswould therefore undermine the overall effectiveness of theexisting measures.
(5) Therefore, the Commission announced, by notice published in the
Official Journal of the European Communities (1), the initiation of
anex officio investigation pursuant to Article 11(3) of the basic
anti-dumping Regulation and Article 19(1) of the basic counter-vailing Regulation in order to review the possibility of a changein the form of the duties so that imports of salmon at injurious
prices would be prevented.
(6) The Commission advised the producers, exporters and importers
known to be concerned, the representatives of the exportingcountry, the producing and exporting industries in Norway, andthe complainant Community producers of the initiation of thereview investigation. In the notice of initiation, the Commission
already indicated that, for low priced imports, the form of the
duties might be changed to a variable duty at the level publishedin that notice. Interested parties were given an opportunity tomake their views known in writing and to request a hearing withina set time limit. Several parties made comments in writing but nohearings were requested.
3.APPRAISAL OF THE CURRENT MARKET SITUATION
(7) It should first be recalled that the product concerned by the
proceeding is farmed Atlantic salmon, whether or not filleted,fresh, chilled or frozen, currently classified under CN codesex 0302 12 00, ex 0304 10 13, ex 0303 22 00 and
ex 0304 20 12, corresponding to fresh or chilled whole fish,
fresh or chilled fillets, frozen whole fish, and frozen fillets,respectively.
(8) In monitoring the undertakings, the Commission found thatduring the second half of 1998, the price level reported forexports of salmon gradually deteriorated, on a weekly basis, to a
level which was below the non-injurious price level established
during the investigations which led to the anti-dumping andcountervailing measures. This development is confirmed by theNorwegian export statistics and by wholesale selling prices foundin the Community. The prices of salmon imports from Norway
were therefore lower than could have been expected after the
imposition of the originalmeasures and under normalmarketconditions.
(9) The monitoring of the undertakings and the present investigationhave shown that the downward price pressure towards aninjurious level was caused, to a large extent, by Norwegian
exporters not bound by price undertakings which started to sell
salmon at prices which, even after payment of the duties, arebelow the non-injurious price level. Indeed, as was establishedduring the investigations which led to the anti-dumping andcountervailing measures, salmon is traded as a commodity in arelatively transparent and competitive market.1999R0772 — EN — 20.07.2001 — 009.001 — 3
(1) OJ C 400, 22.12.1998, p. 4.
▼B
Under these market conditions, increasing sales of salmon on the
Community market at prices below the non-injurious price levelsset in the undertakings would make it more and more difficult for
exporters bound by undertakings to continue to respect their price
obligations. Consequently, these exporters find themselves underpressure to act in breach of their undertakings by selling at aninjurious price level, or face a situation where their market shareis lost to other exporters which sell outside the framework of the
undertakings at an injurious price level. The Community industry,
the Norwegian Government and the Norwegian producers andexporters associations all shared this assessment.
(10) In addition, comments received from certain Norwegian exporters
on the findings of the present review investigation also
corroborate this assessment. All parties which made submissionsfollowing the initiation of the present investigation confirmed thatthe measures had not led to the intended price stabilisation, andmost of them supported the need to review the form of the duties.
(11) It is therefore concluded that, in their current form, the duties arenot having the intended effect, notably as regards underpinningthe undertakings, which were initially accepted from all knownexporters and thus constitute the principalmeasure adopted to
counteract injurious dumping and subsidisation.
4.REVISION OF THE FORM OF DUTIES
(12) It is the purpose of anti-dumping or countervailing measures to
eliminate injurious dumping or subsidisation respectively. Thechoice of the appropriate form of anti-dumping or countervailingduties for achieving this purpose depends on the circumstances of
the case under consideration.
(13) Since the early 1990s, the Community salmon market has
suffered recurrent crises caused by abnormally low import prices.Therefore, on the basis of CouncilRegul ation (EEC) No 3687/91
of 28 November 1991 on the common organisation of the market
in fishery products (
1), the Community, starting with Regulation
(EEC) No 3270/91 (2), repeatedly established minimum prices,
initially for Atlantic salmon and, since March 1994, for farmedAtlantic salmon. In December 1995, on the basis of Articles112(1) and 113(3) of the Agreement on the European Economic
Area (
3), a safeguard measure in the form of a floor price was
imposed on farmed Atlantic salmon by Commission Regulation(EC) No 2907/95 (
4). Customs investigations revealed that, over
the whole period, the declared values on importation frequentlydid not correspond with the prices actually charged by the
Norwegian exporters to independent EU customers (
5). It was
noted, that this happened particularly where salmon was tradedbetween related parties in Norway and the Community.
(14) Based on the above experience, it was decided in 1997 to impose
the anti-dumping duty in the form of a specific duty, and the
countervailing duty in the form of an ad valorem duty in order to
ensure the effectiveness of these duties. Given the prevalence oftrade between related parties, these duties should, in principle, bemaintained to prevent circumvention of the duties.
(15) However, the present investigation has shown that these dutiesleave open the possibility for exporters not bound by undertaking1999R0772 — EN — 20.07.2001 — 009.001 — 4
(1) OJ L 354, 23.12.1991, p. 1. Regulation as replaced by Regulation (EC) No
3759/92 (OJ L 388, 31.12.1992, p. 1).
(2) OJ L 308, 9.11.1991, p. 34. Regulation as last amended by Regulation (EEC)
No 992/92 (OJ L 105, 23.4.1992, p. 14).
(3) OJ L 1, 3.1.1994, p. 3.
(4) OJ L 304, 16.12.1995, p. 38.
(5) In March 1996, it became known that the minimum or floor prices imposed
had failed to half the continued decline in the price of salmon to a level below
the minimum import price — European Parliament, resolution on the crisis in
the EU salmon market (OJ C 65, 4.3.1996, p. 212).
▼B
to export salmon at very low prices, which is likely to prejudice
respect for the undertakings and thus their continued generaluse.
(16) The current form of the duties should therefore be partiallyrevised in order to dealwith such l ow priced imports and thereby
ensure that all salmon originating in Norway is imported at a non-
injurious price level. Consequently, in circumstances where theexisting duties would be insufficient to ensure a non-injuriousimport price, the anti-dumping duty should be replaced by aminimum price and become a variable duty.
(17) Salmon is commonly traded in different presentations (guttedhead-on, gutted head-off, whole fish fillets, other fillets or fillet
portions, or off-cuts or trimmings). Therefore, when translating
the existing duties into their new form, a non-injurious minimumprice level had to be established for each of these presentationswith a view to ensuring a level of protection similar to theminimum prices set in the undertakings. The different minimumprices are essentially derived from the weight conversion factor
relevant to each presentation by reference to its whole fish
equivalent. The presentations and the corresponding weightconversion rates and minimum price levels were published inthe Annex to the Commission notice announcing the initiation ofthe present investigation. No comments have been received in this
respect.
5.DURATION OF THE REVISED DUTIES
(18) It should be recalled that according to Article 11(2) of the basic
anti-dumping Regulation and Article 18(1) of the basic counter-vailing Regulation, the revision of the form of the duty resultingfrom the present investigation does not change the normalduration of the anti-dumping and countervailing measures since
the review has not covered issues of dumping and injury.
6.REPLACEMENT OF REGULATION (EC)No 1890/97 AND
REGULATION (EC)No 1891/97
(19) The separate anti-dumping and countervailing Regulations were
adopted following the initiation of two separate investigationsconcerning imports of dumped and subsidised salmon (
1). In order
to simplify the application of the duties, it is appropriate to
replace those Regulations by a single Regulation. However, thefacts and considerations established in the anti-dumping andcountervailing Regulations remain valid as constituting the factsand considerations of the present Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. (a) Definitive countervailing and anti-dumping duties are hereby
imposed on imports of farmed (other than wild) Atlantic salmon
falling within CN codes ex 0302 12 00, ex 0304 10 13,
ex 0303 22 00, and ex 0304 20 13, originating in Norway.
(b) These duties shall not apply to wild Atlantic salmon (TARIC
codes 0302 12 00*11, 0304 10 13*11, 0303 22 00*11 and0304 20 13*11). For the purpose of this Regulation, wild salmonshall be that in respect of which the competent authorities of theMember States of landing are satisfied, by means of all customs
and transport documents to be provided by interested parties, that
it was caught at sea.
2. (a) The rate of the countervailing duty applicable to the net free-at-
Community-frontier prices, before duty shall be 3,8 % (TARICcode 8900.1999R0772 — EN — 20.07.2001 — 009.001 — 5
(1) OJ C 253, 31.8.1996, p. 18 and p. 20.
▼B
(b) The rate of the anti-dumping duty applicable to the net free-at-
Community-frontier price, before duty, shall be EUR 0,32 perkilogram net product weight (TARIC code 8900). However, if the
free-at-Community-frontier price, including the countervailing
and anti-dumping duties, is less than the relevant minimum priceset out in paragraph 3, the anti-dumping duty to be collected shallbe the difference between that minimum price and the free-at-Community-frontier price, including the countervailing duty.
3. For the purpose of paragraph 2, the following minimum prices
shall apply per kilogram net product weight:
Presentation of salmonMinimum price
EUR/kg net
product weightTARIC code
Whole fish, fresh or chilled 2,925 0302 12 00*21
Gutted, head-on, fresh or chilled 3,25 0302 12 00*22
Gutted, headless, fresh or chilled 3,65 0302 12 00*23
Other, fresh or chilled, including ‘steaks’ 3,65 0302 12 00*29
Whole fish, frozen 2,925 0303 22 00*21
Gutted, head-on, frozen 3,25 0303 22 00*22
Gutted, headless, frozen 3,65 0303 22 00*23
Other, frozen, including ‘steaks’ 3,65 0303 22 00*29
Whole fish fillets, more than 300 g each,
fresh or chilled5,19 0304 10 13*21
Other fish fillets or fillet portions, 300 g or
less each, fresh or chilled6,55 0304 10 13*29
Whole fish fillets, more than 300 g each,
frozen5,19 0304 20 13*21
Other fish fillets or fillet portions,
weighing 300 g or less each, frozen6,55 0304 20 13*29
4. These duties shall not apply to imports of farmed Atlantic salmon
exported by the companies listed in the Annex to this Regulation.
5. Unless otherwise specified, the provisions in force concerning
customs duties shall apply.
Article 2
Where any new exporter in the exporting country in question provides
sufficient evidence to the Commission that it did not export the goods
described in Article 1(1) during the original investigation period, theCommission, after consulting the Advisory Committee, may whereappropriate amend by Regulation the Annex in order to extend theexemption from the payment of the duties to the new exporter.
Article 3
1. Regulation (EC) No 1890/97 shall be repealed.2. Regulation (EC) No 1891/97 shall be repealed.3. References to Regulation (EC) No 1890/97 and Regulation (EC)
No 1891/97 shall be construed as references to this Regulation, where
appropriate.
Article 4
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1999R0772 — EN — 20.07.2001 — 009.001 — 6
▼M9
ANNEX
LIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED AND THUS
EXEMPTED FROM THE DEFINITIVE ANTI-DUMPING AND COUNTERVAILING DUTIES
UT No Company NameTARIC additional
code
3 Rosfjord Seafood AS 8325
7 Aqua Export A/S 81008 Aqua Partner A/S 8101
11 Arctic Group International810913 Artic Superior A/S 8111
15 A/S Aalesundfisk 8113
16 Austevoll Eiendom AS 811417 A/S Keco 811520 A/S Refsnes Fiskeindustri 8118
21 A/S West Fish Ltd 8119
22 Astor A/S 812024 Atlantic Seafood A/S 812226 Borkowski & Rosnes A/S 8124
27 Brødrene Aasjord A/S 8125
31 Christiansen Partner A/S 812932 Clipper Seafood A/S 813033 Coast Seafood A/S 8131
35 Dafjord Laks A/S 8133
39 Domstein Fish A/S 813641 Ecco Fisk & Delikatesse 813842 Edvard Johnsen A/S 813943 Fjord Seafood ASA 8140
44 Euronor AS 8141
46 Fiskeforsyningen AS 814347 Fjord Aqua Group AS 814448 Fjord Trading Ltd AS 8145
50 Fossen AS 8147
51 Fresh Atlantic AS 814852 Fresh Marine Company AS 81491999R0772 — EN — 20.07.2001 — 009.001 — 7
▼M9
UT No Company NameTARIC additional
code
58 Grieg Seafood AS 8300
61 Hallvard Lerøy AS 830362 Fjord Seafood Måløy A/S 830466 Marine Harvest Norway AS 815967 Hydrotech-gruppen AS 842872 Inter Sea AS 817475 Janas A/S 8177
76 Joh. H. Pettersen AS 8178
77 Johan J. Helland AS 817979 Karsten J. Ellingsen AS 818180 Kr Kleiven & Co. AS 818282 Labeyrie Norge AS 818483 Lafjord Group AS 818585 Leica Fiskeprodukter 818787 Lofoten Seafood Export AS 818892 Marine Seafood AS 819693 Marstein Seafood AS 819796 Memo Food AS 820098 Misundfisk AS 8202
100 Naco Trading AS 8206101 Fjord Seafood Midt-Norge A/S 8207104 Nergård AS 8210105 Nils Williksen AS 8211107 Nisja Trading AS 8213108 Nor-Food AS 8214111 Nordic Group ASA 8217112 Nordreisa Laks AS 8218
113 Norexport AS 8223
114 Norfi Produkter AS 8227115 Norfood Group AS 8228116 Norfra Eksport AS 8229119 Norsk Akvakultur AS 82321999R0772 — EN — 20.07.2001 — 009.001 — 8
▼M9
UT No Company NameTARIC additional
code
120 Norsk Sjømat AS 8233
121 Northern Seafood AS 8307122 Nortrade AS 8308123 Norway Royal Salmon Sales AS 8309124 Norway RoyalSal mon AS 8312126 Frionor AS 8314128 Norwell AS 8316
137 Pan Fish Sales AS 8242
140 Polar Salmon AS 8247141 Prilam Norvège AS 8248142 Pundslett Fisk 8251144 Rolf Olsen Seafood 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 InternationalAS 8266156 Sea-Bell AS 8267157 Seaco AS 8268158 Seacom AS 8269160 Seafood Farmers of Norway Ltd AS 8271161 Seanor AS 8272162 Sekkingstad AS 8273164 Sirena Norway AS 8275
165 Kinn Salmon AS 8276
167 Fjord Domstein A/S 8278168 SMP Marine Produkter AS 8279172 Stjernelaks AS 8283174 Stolt Sea Farm AS 82851999R0772 — EN — 20.07.2001 — 009.001 — 9
▼M9
UT No Company NameTARIC additional
code
175 Storm Company AS 8286
176 Superior AS 8287
178 Terra Seafood AS 8289
180 Timar Seafood AS 8294182 Torris Products Ltd AS 8298183 Troll Salmon AS 8317
188 Vikenco AS 8322
189 Wannebo InternationalAS 8323190 West Fish Norwegian Salmon AS 8324191 Nor-Fa Fish AS 8102192 Westmarine AS 8625
193 F. Uhrenholt Seafood Norway AS A033
194 Mesan Seafood AS A034195 Polaris Seafood AS A035196 Scanfish AS A036
197 Normarine AS A049
198 Oskar Einar Rydbeck A050199 Emborg Foods Norge AS A157200 Helle Mat AS A158
201 Norsea Food AS A159
202 Salmon Company Fjord Norway AS A160203 Stella Polaris AS A161204 First Salmon AS A205
205 Norlaks A/S A2061999R0772 — EN — 20.07.2001 — 009.001 — 10