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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
"M6 Commission Regulation (EC) No 2249/98 of 19 October 1998 L 282 57 20.10.1998
"M7 Commission Regulation (EC) No 82/1999 of 13 January 1999 L 8 8 14.1.1999
Corrected by:
"C1 Corrigendum, OJ L 337, 9.12.1997, p. 18 (97/634/EC)1997D0634 — EN — 15.01.1999 — 007.001 — 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 — 15.01.1999 — 007.001 — 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 — 15.01.1999 — 007.001 — 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 — 15.01.1999 — 007.001 — 4
ANNEX
List of companies benefiting from undertakings
No CompanyTARIC
additional code
3 Agnefest Seafood 8325
7 Aqua Export A/S 8100
8 Aqua Partner A/S 8101
11 Arctic Group International 810913 Arctic Superior A/S 811114 Arne Mathiesen A/S 811215 A/S Aalesundfisk 811316 A/S Austevoll Fiskeindustri 811417 A/S Keco 8115
20 A/S Refsnes Fiskeindustri 8118
21 A/S West Fish Ltd 811922 Astor A/S 812023 Atlantic King Stranda A/S 812124 Atlantic Seafood A/S 812226 Borkowski & Rosnes A/S 812427 Brødrene Aasjord A/S 812528 Brødrene Eilertsen A/S 8126
31 Christiansen Partner A/S 8129
32 Clipper Seafood A/A 813033 Coast Seafood A/S 813135 Dafjord Laks A/S 813336 Delfa Norge A/S 813439 Domstein Salmon A/S 813641 Ecco Fisk & Delikatesse 813842 Edvard Johnsen A/S 8139
43 Eurolaks AS 8140
44 Euronor AS 814146 Fiskeforsyningen AS 814347 Fjord Aqua Group AS 814448 Fjord Trading Ltd AS 814549 Fonn Egersund AS 814650 Fossen AS 8147!
M71997D0634 — EN — 15.01.1999 — 007.001 — 5
No CompanyTARIC
additional code
51 Fresh Atlantic AS 8148
52 Fresh Marine Company AS 814953 Fryseriet AS 815058 Grieg Seafood AS 830060 Haafa fisk AS 830261 Hallvard Lerøy AS 830362 Herøy Filetfabrikk AS 8304
64 Hirsholm Norge AS 8306
66 Hydro Seafood Sales AS 815967 Hydrotech-gruppen AS 842872 Inter Sea AS 817475 Janas AS 817776 Joh. H. Pettersen AS 817877 Johan J. Helland AS 817979 Karsten J. Ellingsen AS 8181
82 Labeyrie Norge AS 8184
83 Lafjord Group AS 818585 Leica Fiskeprodukter 818787 Lofoten Seafood Export AS 818888 Lorentz A. Lossius AS 818992 Marine Seafood AS 819693 Marstein Seafood AS 819796 Memo Food AS 8200
99 Myre Sjømat AS 8203
100 Naco Trading AS 8206101 Namdal Salmon AS 8207104 Nergård AS 8210105 Nils Williksen AS 8211107 Nisja Trading AS 8213108 Nor-Food AS 8214111 Nordic Group ASA 8217
112 Nordreisa Laks AS 8218
113 Norexport AS 8223114 Norfi Produkter AS 8227115 Norfood Group AS 8228!
M71997D0634 — EN — 15.01.1999 — 007.001 — 6
No CompanyTARIC
additional code
116 Norfra Eksport AS 8229
119 Norsk Akvakultur AS 8232120 Norsk Sjømat AS 8233121 Northern Seafood AS 8307122 Nortrade AS 8308123 Norway Royal Salmon Sales AS 8309124 Norway Royal Salmon AS 8312
130 Nova Sea AS 8235
134 Ok-Fish Kvalheim AS 8239137 Pan Fish Sales AS 8242140 Polar Seafood Norway AS 8247141 Prilam Norvège AS 8248142 Pundslett Fisk 8251143 Roger AS 8253144 Rolf Olsen Seafood AS 8254
145 Ryfisk AS 8256
146 Rørvik Fisk- og fiskematforretning AS 8257147 Saga Lax Norge AS 8258148 Saga Lax Nord A/S 8259151 Sangoltgruppa AS 8262154 Sea Eagle Group AS 8265155 Sea Star International AS 8266156 Sea-Bell AS 8267
157 Seaco AS 8268
158 Seacom AS 8269160 Seafood Farmers of Norway Ltd AS 8271161 Seanor AS 8272162 Sekkingstad AS 8273164 Sirena Norway AS 8275165 Kinn Salmon AS 8276167 SL Fjordgruppen AS 8278
172 Stjernelaks AS 8283
174 Stolt Sea Farm AS 8285175 Storm Company AS 8286176 Superior AS 8287!
M71997D0634 — EN — 15.01.1999 — 007.001 — 7
No CompanyTARIC
additional code
178 Terra Seafood AS 8289
180 Timar Seafood AS 8294182 Torris Products Ltd AS 8298183 Troll Salmon AS 8317187 Vie de France Norway AS 8321188 Vikenco AS 8322189 Wannebo International AS 8323
190 West Fish Norwegian Salmon AS 8324!
M71997D0634 — EN — 15.01.1999 — 007.001 — 8