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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
Corrected by:
"C1 Corrigendum, OJ L 337, 9.12.1997, p. 18 (97/634/EC)1997D0634 — EN — 25.03.1998 — 002.001 — 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 — 25.03.1998 — 002.001 — 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 — 25.03.1998 — 002.001 — 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 — 25.03.1998 — 002.001 — 4
ANNEX
UT No Company name Taric additional code
1 A. Ovreskotnes AS 8095
2 A.B.A. A/S 80963 Agnefest Seafood 83254 Alamar A/S 80975 Alsvag Fiskeprodukter A/S 8098
7 Aqua Export A/S 8100
8 Aqua Partner A/S 8101
11 Arctic Group International 810912 Arctic Product A/S 811013 Artic Superior A/S 811114 Arne Mathisen A/S 811215 A/S Aalesundfisk 811316 A/S Austevoll Fiskeindustri 8114
17 A/S Keco 8115
19 A/S Nortraders Ltd 811720 A/S Refsnes Fiskeindustri 811821 A/S West Fish Ltd 811922 Astor A/S 812023 Atlantic King Stranda A/S 812124 Atlantic Seafood A/S 812225 Atlantis A/S 8123
26 Borkowski & Rosnes A/S 8124
27 Brodrene Aasjord A/S 812528 Brodrene Eilertsen A/S 812629 Brodrene Karlsen A/S 812730 Brodrene Remo A/S 812831 Christiansen Partner A/S 812932 Clipper Seafood A/A 813033 Coast Seafood A/S 8131
35 Dafjord Laks A/S 8133
36 Delfa Norge A/S 813437 DM Direkte Markedsforingsbyra 813539 Domstein Salmon A/S 813640 E. Slorer Jacobsen & Co. A/S 8137!
B
!M21997D0634 — EN — 25.03.1998 — 002.001 — 5
UT No Company name Taric additional code
41 Ecco Fisk & Delikatesse 8138
42 Edvard Johnsen A/S 813943 Eurolaks AS 814044 Euronor AS 814145 Fader Martin AS 8142
46 Fiskeforsyningen AS 8143
47 Fjord Aqua Group AS 814448 Fjord Trading Ltd AS 814549 Fonn Egersund AS 814650 Fossen AS 814751 Fresh Atlantic AS 814852 Fresh Marine Company AS 814953 Fryseriet AS 8150
54 Frøya Fiskeindustri AS 8151
55 Gigante Fiskekroken AS 815258 Grieg Seafood AS 830059 Gunnar Klo AS 830160 Haafa fisk AS 830261 Hallvard Lerøy AS 830362 Herøy Filetfabrikk AS 830464 Hirsholm Norge AS 8306
65 Hitramat & Delikatesse AS 8154
66 Hydro Seafood Sales AS 815967 Hydrotech-gruppen AS 842868 Icelandic Freezing Plants N. AS 816569 Imperial Salmon Co. AS 817170 Incofood AS 817271 Inter Road AS 817372 Inter Sea AS 8174
75 Janas AS 8177
76 Joh. H. Pettersen AS 817877 Johan J. Helland AS 817979 Karsten J. Ellingsen AS 818180 Kr. Kleiven & Co. AS 818281 Kurt F . Løseth & Co. AS 8183!
M21997D0634 — EN — 25.03.1998 — 002.001 — 6
UT No Company name Taric additional code
82 Labeyrie Norge AS 8184
83 Lafjord Group AS 818584 Langfjord Laks AS 818685 Leica Fiskeprodukter 818786 Leonhard Products AS 8423
87 Lofoten Seafood Export AS 8188
88 Lorentz A. Lossius AS 818989 Ma-vo Norge AS 819090 Marex AS 832692 Marine Seafood AS 819693 Marstein Seafood AS 819795 Melands Røkeri Eftf. AS 819996 Memo Food AS 8200
97 Midtco AS 8201
98 Midsundfisk AS 820299 Myre Sjømat AS 8203
100 Naco Trading AS 8206101 Namdal Salmon AS 8207104 Nergård AS 8210105 Nils Williksen AS 8211106 Niscan Corporation AS 8212
107 Nisja Trading AS 8213
108 Nor-Food AS 8214109 Nor-Trade International 8215111 Nordic Group ASA 8217112 Nordreisa Laks AS 8218113 Norexport AS 8223114 Norfi Produkter AS 8227115 Norfood Group AS 8228
116 Norfra Eksport AS 8229
117 NorMan Trading Ltd AS 8230118 Nornir Group AS 8231119 Norsk Akvakultur AS 8232120 Norsk Sjømat AS 8233121 Northern Seafood AS 8307!
M21997D0634 — EN — 25.03.1998 — 002.001 — 7
UT No Company name Taric additional code
122 Nortrade AS 8308
123 Norway Royal Salmon Sales AS 8309124 Norway Royal Salmon AS 8312125 Norway Seafarms AS 8313126 Norway Seafoods ASA 8314
128 Norwell AS 8316
129 Notfisk Arctic AS 8234130 Nova Sea AS 8235131 NTC Norwegian Taste Company AS 8236133 Oddvin Bjørge AS 8238134 Ok-Fish Kvalheim AS 8239136 Oster Sea Products AS 8241137 Pan Fish Sales AS 8242
138 Pero Food AS 8243
140 Polar Seafood Norway AS 8247141 Prilam Norvège AS 8248142 Pundslett Fisk 8251143 Roger AS 8253144 Rolf Olsen Seafood AS 8254145 Ryfisk AS 8256146 Rørvik Fisk- og fiskematforretning AS 8257
147 Saga Lax Norge AS 8258
148 Saga Lax Nord A/S 8259149 Salomega AS 8260150 Sandanger AS 8261151 Sangoltgruppa AS 8262152 Scan-Mar AS 8263153 Scanfood AS 8264154 Sea Eagle Group AS 8265
155 Sea Star International AS 8266
156 Sea-Bell AS 8267157 Seaco AS 8268158 Seacom AS 8269159 Seacom Nord AS 8270160 Seafood Farmers of Norway Ltd AS 8271!
M21997D0634 — EN — 25.03.1998 — 002.001 — 8
UT No Company name Taric additional code
161 Seanor AS 8272
162 Sekkingstad AS 8273163 Sigerfjord-Fisk AS 8274164 Sirena Norway AS 8275165 Kinn Salmon AS 8276
166 Skarpsno Mat 8277
167 SL Fjordgruppen AS 8278168 SMP Marine Produkter AS 8279169 Sotra Fiskeindustri AS 8280171 Stavanger Røkeri AS 8282172 Stjernelaks AS 8283173 Stokfish Norway AS 8284174 Stolt Sea Farm AS 8285
175 Storm Company AS 8286
176 Superior AS 8287177 Svenodak AS 8288178 Terra Seafood AS 8289179 Thorleif E. Ellingsen AS 8293180 Timar Seafood AS 8294181 Toget International AS 8297182 Torris Products Ltd AS 8298
183 Troll Salmon AS 8317
186 Vest Agentur AS 8320187 Vie de France Norway AS 8321188 Vikenco AS 8322189 Wannebo International AS 8323190 West Fish Norwegian Salmon AS 8324191 Nor-Fa Food AS 8102!
M21997D0634 — EN — 25.03.1998 — 002.001 — 9