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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
"M8 Commission Regulation (EC) No 131/1999 of 21 January 1999 L 17 12 22.1.1999
"M9 Commission Regulation (EC) No 929/1999 of 29 April 1999 L 115 13 4.5.1999
"M10 Commission Regulation (EC) No 1826/1999 of 23 August 1999 L 223 3 24.8.1999
"M11 Commission Regulation (EC) No 2592/1999 of 8 December 1999 L 315 17 9.12.1999
Corrected by:
"C1 Corrigendum, OJ L 337, 9.12.1997, p. 18 (97/634/EC)
"C2 Corrigendum, OJ L 72, 18.3.1999, p. 41 (131/1999)1997D0634 — EN — 10.12.1999 — 011.001 — 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 — 10.12.1999 — 011.001 — 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 — 10.12.1999 — 011.001 — 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 — 10.12.1999 — 011.001 — 4
!M11
ANNEX
List of the 116 companies from which undertakings are accepted, as of
10 December 1999
UT No Company nameTARIC additional
Code
3 Agnefest Seafood 8325
7 Aqua Export A/S 8100
8 Aqua Partner A/S 8101
11 Arctic Group International 810913 Artic Superior A/S 811115 A/S Aalesundfisk 811316 A/S Austevoll Fiskeindustri 811417 A/S Keco 811520 A/S Refsnes Fiskeindustri 8118
21 A/S West Fish Ltd 8119
22 Astor A/S 812023 Atlantic King Strada A/S 812124 Atlantic Seafood A/S 812226 Borkowski & Rosnes A/S 812427 Brødrene Aasjord A/S 812531 Christiansen Partner A/S 812932 Clipper Seafood A/S 8130
33 Coast Seafood A/S 8131
35 Dafjord Laks A/S 813336 Delfa Norge A/S 813439 Domstein Salmon A/S 813641 Ecco Fisk & Delikatesse 813842 Edvard Johnsen A/S 813943 Eurolaks AS 814044 Euronor AS 8141
46 Fiskeforsyningen AS 8143
47 Fjord Aqua Group AS 814448 Fjord Trading Ltd. AS 814550 Fossen AS 814751 Fresh Atlantic AS 814852 Fresh Marine Company AS 814953 Fryseriet AS 81501997D0634 — EN — 10.12.1999 — 011.001 — 5
UT No Company nameTARIC additional
Code
58 Grieg Seafood 8300
60 Haafa fisk AS 830261 Hallvard Lerøy AS 830362 Atlantis Filetfabrikk AS 830466 Hydro Seafood Norway AS 815967 Hydrotech-gruppen AS 842872 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 818282 Labeyrie Norge AS 818483 Lafjord Group AS 818585 Leica Fiskeprodukter 8187
87 Lofoten Seafood Export AS 8188
92 Marine Seafood AS 819693 Marstein Seafood AS 819796 Memo Food AS 820098 Misundfisk AS 8202
100 Naco Trading AS 8206101 Namdal Salmon AS 8207104 Nergård AS 8210
105 Nils Williksen AS 8211
107 Nisja Trading AS 8213108 Nor-Food AS 8214111 Nordic Group ASA 8217112 Nordreisa Laks AS 8218113 Norexport AS 8223114 Norfi Produkter AS 8227115 Norfood Group AS 8228
116 Norfra Eksport AS 8229
119 Norsk Akvakultur AS 8232120 Norsk Sjømat AS 8233121 Northern Seafood AS 8307!
M111997D0634 — EN — 10.12.1999 — 011.001 — 6
UT No Company nameTARIC additional
Code
122 Nortrade AS 8308
123 Norway Royal Salmon Sales AS 8309124 Norway Royal Salmon AS 8312126 Norway Seafoods ASA 8314128 Norwell AS 8316130 Nova Sea AS 8235134 Ok-Fish Kvalheim AS 8239
137 Pan Fish Sales AS 8242
140 Polar Seafood Norway 8247141 Prilam Norvège AS 8248142 Pundslett Fisk 8251144 Rolf Olsen Seafood AS 8254145 Ryfisk AS 8256146 Rørvik Fisk-og fiskematforretning AS 8257147 Saga Lax Norge AS 8258
148 Prima Nor AS 8259
151 Sangoltgruppa AS 8262153 Scanfood AS 8264154 Sea Eagle Group AS 8265155 Sea Star International AS 8266156 Sea-Bell AS 8267157 Seaco AS 8268158 Seacom AS 8269
160 Seafood Farmers of Norway Ltd AS 8271
161 Seanor AS 8272162 Sekkingstad AS 8273164 Sirena Norway AS 8275165 Kinn Salmon AS 8276167 Fjord Seafood Leines AS 8278168 SMP Marine Produkter AS 8279172 Stjernelaks AS 8283
174 Stolt Sea Farm AS 8285
175 Storm Company AS 8286176 Superior AS 8287178 Terra Seafood AS 8289!
M111997D0634 — EN — 10.12.1999 — 011.001 — 7
UT No Company nameTARIC additional
Code
180 Timar Seafood AS 8294
182 Torris Products Ltd. AS 8298183 Troll Salmon AS 8317188 Vikenco AS 8322189 Wannebo International AS 8323190 West Fish Norwegian Salmon AS 8324191 Nor-Fa Food AS 8102
192 Westmarine AS 8625
193 F . Uhrenholt Seafood Norway AS A033194 Mesan Seafood AS A034195 Polaris Seafood AS A035196 Scanfish AS A036197 Normarine AS A049198 Oskar Einar Rydbeck A050!
M111997D0634 — EN — 10.12.1999 — 011.001 — 8