1999R0772 — EN — 05.05.1999 — 001.001 — 1
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►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:
Official Journal
No page date
►M1 Commission Regulation (EC) No 929/1999 of 29 April 1999 L 115 13 4.5.1999
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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 Council Regulation (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 Council Regulation (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 proposal submitted 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 bythe Commission. The rate of the definitive anti-dumping dutywas setatEUR 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,
before duties.
(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 ‘thebasic countervailing Regulation'), provisional (
7) and/or defin-
itive (8) anti-dumping and countervailing duties have been
imposed on imports of salmon exported by a number of compa-nies which have either violated or withdrawn their undertakings.The duty rates applied in all these cases are those mentioned inrecital 1 above.
(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 ecushall 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).
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2.REVIEW INVESTIGATION
(4) In the course of the monitoring of the price undertakings by the
Commission, it became apparent that the effectiveness of thedifferentmeasures was being undermined as, under cert aincircumstances, certain exporters which were not subject to theprice undertakings were able to sell salmon on the Communitymarketatinjurious prices, even aft er paymentof t he dut ies. Thissituation increased the risk that other exporters which were boundby undertakings would almost be forced to lower their prices tocompete with these comparatively cheap imports would thereforeact 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 theOfficial Journal of the European Communities (
1), the initiation
of an ex officio investigation pursuant to Article 11(3) of the
basic anti-dumping Regulation and Article 19(1) of the basiccountervailing Regulation in order to review the possibility of achange in the form of the duties so that imports of salmon atinjurious prices would be prevented.
(6) The Commission advised the producers, exporters and importersknown 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 Commissionalready indicated that, for low priced imports, the form of theduties 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 hearingwithin a set time limit. Several parties made comments in writingbutno hearings were request ed.
3.APPRAISAL OF THE CURRENT MARKET SITUATION
(7) Itshould firstbe recalled t hatt he productconcerned by t he
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 andex 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 alevel which was below the non-injurious price level establishedduring 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 Norwaywere therefore lower than could have been expected after theimposition of the original measures and under normal marketconditions.
(9) The monitoring of the undertakings and the present investigationhave shown that the downward price pressure towards an injur-ious level was caused, to a large extent, by Norwegian exportersnot bound by price undertakings which started to sell salmon atprices which, even after payment of the duties, are below thenon-injurious price level. Indeed, as was established during theinvestigations which led to the anti-dumping and countervailingmeasures, salmon is traded as a commodity in a relatively trans-parent and competitive market.
(1) OJ C 400, 22.12.1998, p. 4.
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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 forexporters bound by undertakings to continue to respect their priceobligations. 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 theundertakings at an injurious price level. The Communityindustry, the Norwegian Government and the Norwegian produ-cers and exporters associations all shared this assessment.
(10) In addition, comments received from certain Norwegian exporterson the findings of the present review investigation also corrob-orate this assessment. All parties which made submissionsfollowing the initiation of the present investigation confirmedthat the measures had not led to the intended price stabilisation,and most of them supported the need to review the form of theduties.
(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 principal measure adopted tocounteract 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 ofthe case under consideration.
(13) Since the early 1990s, the Community salmon market hassuffered recurrentcrises caused by abnormally low importprices.Therefore, on the basis of Council Regulation (EEC) No 3687/91of 28 November 1991 on the common organisation of the marketin 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 EconomicArea (
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 theNorwegian exporters to independent EU customers (
5). Itwas
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 imposethe anti-dumping duty in the form of a specific duty, and thecountervailing 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.
(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, itbecame known t hatt he minimum or floor prices
imposed had failed to half the continued decline in the price of salmon toa level below the minimum import price — European Parliament, resolu-tion on the crisis in the EU salmon market (OJ C 65, 4.3.1996, p. 212).
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(15) However, the present investigation has shown that these duties
leave open the possibility for exporters not bound by undertakingt o exportsalmon atvery low prices, which is likely t o prejudicerespect for the undertakings and thus their continued general use.
(16) The current form of the duties should therefore be partiallyrevised in order to deal with such low priced imports and therebyensure that all salmon originating in Norway is imported at anon-injurious price level. Consequently, in circumstances wherethe existing 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 filletportions, or off-cuts or trimmings). Therefore, when translatingthe 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 factorrelevant to each presentation by reference to its whole fishequivalent. The presentations and the corresponding weightconversion rates and minimum price levels were published in theAnnex to the Commission notice announcing the initiation of thepresent investigation. No comments have been received in thisrespect.
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 normal dura-tion of the anti-dumping and countervailing measures since thereview has notcovered 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 toreplace 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 salmonfalling 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 customsand transport documents to be provided by interested parties,t hatitwas caughtatsea.
(1) OJ C 253, 31.8.1996, p. 18 and p. 20.
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Presentation of salmonMinimum price
EUR/kg net
productweightTARIC code2. (a) The rate of the countervailing duty applicable to the net free-at-
Community-frontier prices, before duty shall be 3,8 % (TARICcode 8900.
(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 netproductweight(TARIC code 8900). However, ifthe free-at-Community-frontier price, including the counter-vailing and anti-dumping duties, is less than the relevantminimum price set out in paragraph 3, the anti-dumping duty tobe collected shall be the difference between that minimum priceand the free-at-Community-frontier price, including the counter-vailing duty.
3. For the purpose of paragraph 2, the following minimum prices
shall apply per kilogram netproductweight :
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 gor less each, fresh or chilled 6,55 0304 10 13*29
Whole fish fillets, more than 300 g each,frozen 5,19 0304 20 13*21
Other fish fillets or fillet portions,weighing 300 g or less each, frozen 6,55 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
sufficientevidence t o t he Commission t hatitdid notexportt he goodsdescribed 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.
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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, whereappropriate.
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.
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UT No Company nameTARIC additional
codeANNEX
List of the 119 companies exempted from the definitive anti-dumping and
countervailing duties as from the date of entry into force of Regulation (EC)
No 297/1999
1 A. Ovreskotnes AS 8095
3 AgnefestSeafood 8325
5 Alsvag Fiskeprodukter A/S 8098
7 Aqua ExportA/S 8100
8 Aqua Partner A/S 8101
11 Arctic Group International 8109
13 Artic Superior A/S 8111
14 Arne Mathiesen A/S 8112
15 A/S Aalesundfisk 8113
16 A/S Austevoll Fiskeindustri 8114
17 A/S Keco 8115
20 A/S Refsnes Fiskeindustri 8118
21 A/S WestFish Lt d 8119
22 Astor A/S 8120
23 Atlantic King Stranda A/S 8121
24 Atlantic Seafood A/S 8122
26 Borkowski & Rosnes A/S 8124
27 Brødrene Aasjord A/S 8125
28 Brødrene Eilertsen A/S 8126
30 Brødrene Remo A/S 8128
31 Christiansen Partner A/S 8129
32 Clipper Seafood A/S 8130
33 CoastSeafood A/S 8131
35 Dafjord Laks A/S 8133
36 Delfa Norge A/S 8134
39 Domstein Salmon A/S 8136
41 Ecco Fisk & Delikatesse 8138
42 Edvard Johnsen A/S 8139
43 Eurolaks AS 8140
44 Euronor AS 8141
46 Fiskeforsyningen AS 8143
47 Fjord Aqua Group AS 8144
48 Fjord Trading Ltd. AS 8145
50 Fossen AS 8147
51 Fresh Atlantic AS 8148
52 Fresh Marine Company AS 8149
53 FryserietAS 8150
58 Grieg Seafood AS 8300
60 Haafa fisk AS 8302
61 Hallvard Lerøy AS 8303
62 Herøy Filetfabrikk AS 8304
65 Hitramat & Delikatesse AS 8154
66 Hydro Seafood Sales AS 8159
67 Hydrotech-gruppen AS 8428
72 Inter Sea AS 8174
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UT No Company nameTARIC additional
code
75 Janas AS 8177
76 Joh. H. Pettersen AS 8178
77 Johan J. Helland AS 8179
79 Karsten J. Ellingsen AS 8181
80 Kr. Kleiven & Co. AS 8182
82 Labeyrie Norge AS 8184
83 Lafjord Group AS 8185
85 Leica Fiskeprodukter 8187
87 Lofoten Seafood Export AS 8188
92 Marine Seafood AS 8196
93 Marstein Seafood AS 8197
96 Memo Food AS 8200
98 Midsundfisk AS 8202
99 Myre SjømatAS 8203
100 Naco Trading AS 8206
101 Namdal Salmon AS 8207
104 Nergård AS 8210
105 Nils Williksen AS 8211
107 Nisja Trading AS 8213
108 Nor-Food AS 8214
111 Nordic Group ASA 8217
112 Nordreisa Laks AS 8218
113 NorexportAS 8223
114 Norfi Produkter AS 8227
115 Norfood Group AS 8228
116 Norfra EksportAS 8229
119 Norsk Akvakultur AS 8232
120 Norsk SjømatAS 8233
121 Northern Seafood AS 8307
122 Nortrade AS 8308
123 Norway Royal Salmon Sales AS 8309
124 Norway Royal Salmon AS 8312
126 Norway Seafoods ASA 8314
128 Norwell AS 8316
130 Nova Sea AS 8235
134 Ok-Fish Kvalheim AS 8239
137 Pan Fish Sales AS 8242
140 Polar Seafood Norway AS 8247
141 Prilam Norvège AS 8248
142 Pundslett Fisk 8251
144 Rolf Olsen Seafood AS 8254
145 Ryfisk AS 8256
146 Rørvik Fisk- og fiskematforretning AS 8257
147 Saga Lax Norge AS 8258
148 Saga Lax Nord A/S 8259
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
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UT No Company nameTARIC additional
code
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
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
178 Terra Seafood AS 8289
180 Timar Seafood AS 8294
182 Torris Products Ltd. AS 8298
183 Troll Salmon AS 8317
187 Vie de France Norway AS 8321
188 Vikenco AS 8322
189 Wannebo International AS 8323
190 WestFish Norwegian Salmon AS 8324
191 Nor-Fa Food AS 8102
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192 Westmarine AS 8625