1997D0634 — EN — 23.01.1999 — 008.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►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
►M1Commission Regulation (EC) No 2529/97 of16 December 1997 L 346 63 17.12.1997
►M2Commission Regulation (EC) No 651/98 of23 March 1998 L 88 31 24.3.1998
►M3Commission Regulation (EC) No 1126/98 of29 May 1998 L 157 82 30.5.1998
►M4Commission Regulation (EC) No 1789/98 of14 August 1998 L 228 4 15.8.1998
►M5Commission Decision 98/540/EC of11 September 1998 L 252 68 12.9.1998
►M6Commission Regulation (EC) No 2249/98 of19 October 1998 L 282 57 20.10.1998
►M7Commission Regulation (EC) No 82/1999 of13 January 1999 L 8 8 14.1.1999
►M8Commission Regulation (EC) No 131/1999 of21 January 1999 L 17 12 22.1.1999
Corrected by:
►C1Corrigendum, OJ L 337, 9.12.1997, p. 18 (97/634/EC)
►C2Corrigendum, OJ L 72, 18.3.1999, p. 41 (131/1999/EC)
▼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)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of22 December
1995 on protection against dumped imports from countries not membersofthe 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 of22 December
1994 on protection against subsidized imports from countries notmembers ofthe 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 Commu-
nities(4), the initiation ofanti-subsidy proceedings in respect of
imports off armed Atlantic salmon originating in Norway.
(2) On 31 August 1996, the Commission also announced, by aseparate notice published in the Official Journal of the European
Communities (
5), the initiation ofan anti-dumping proceeding in
respect ofimports off armed Atlantic salmon originating inNorway.
(3) Both ofthe above mentioned proceedings were initiated f ollowingcomplaints lodged in July 1996 by the Scottish Salmon Growers'
Association Ltd and the Shetland Salmon Farmers' Association on
behalfoftheir members, which represent a major proportion oftotal Community production off armed Atlantic salmon. Thecomplaints contained sufficient evidence of injurious dumpingand subsidization ofthe imports concerned to justif y the initiationofanti-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 ofthis examination, it was established that def initive anti-dumping and countervailing measures should be taken in order toeliminate the injurious effects of dumping and subsidization. Thefindings and conclusions on all aspects of the investigations areset out in Council Regulation (EC) No 1890/79 (
6) and (EC) No
1891/97 (7).
(5) Having been informed of the Commission's findings, theKingdom ofNorway and the Norwegian exporters ref erred to in
Article 1 of the present Decision offered undertakings pursuant toArticle 10 ofCouncil Regulation (EC) No 3284/94. TheNorwegian exporters also offered their undertakings pursuant toArticle 8 ofCouncil Regulation (EC) No 384/96.
(6) Pursuant to these undertakings, the Norwegian exporters, have,inter alia , offered not to sell the product under investigation to1997D0634 — EN — 23.01.1999 — 008.001 — 2
(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.
▼B
their first unrelated customer in the Community below a certain
minimum price. Norway, for its part, has agreed to take a numberofmeasures which will contribute to eliminating the injurious
effects of subsidisation. Both Norway and the Norwegian
exporters concerned have agreed to comply with their under-takings as of1 July 1997.
(7) The Commission considers that the combined effect of the abovementioned undertakings will be sufficient to remove the injuriouseffects of dumping and subsidization.
(8) In addition, given that Norway has offered to co-operate with theCommission in monitoring the evolution ofNorwegian exports offarmed Atlantic salmon to the Community, and that the exporterswhich have offered undertakings have agreed to provide theCommission with regular and detailed information on theirexports 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 Norwayand the Norwegian exporters mentioned below, are consideredacceptable, and the investigations can, therefore, be terminatedwith 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 ofthe investigationswithout the imposition ofmeasures with regard to parties f romwhich undertakings have been accepted and these parties havehad the opportunity to comment on all aspects ofthe investiga-tions. 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 beimposed pursuant to Article 8 (10) ofRegulation (EC) No 384/96and Article 10 (10) ofRegulation (EC) No 3284/94, respectively.A definitive anti-dumping duty and a definitive countervailing
duty will be imposed, should the conditions ofArticle 8 (9) of
Regulation (EC) No 384/96 and Article 10 (9) ofRegulation No(EC) 3284/94 respectively be met.
(11) The Advisory Committee was consulted and no objections wereraised as to the acceptance of the undertakings offered.
(12) Having been informed of the main facts and considerations on thebasis ofwhich the Commission intended to accept the under-
takings, the Community industry expressed concern that, in view
ofpast experience with minimum prices, these undertakingswould not constitute an effective remedy to the injury it wassuffering.
(13) It should be pointed out that these undertakings contain strictmonitoring provisions and, furthermore, unlike the minimum
prices previously imposed, they will be underpinned by residual
duties which may be imposed in cases ofviolation. It is theref oreconsidered that these measures are adequate to remedy theinjurious 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, inconnection with the anti-subsidy proceeding concerning imports into theCommunity off armed Atlantic salmon originating in Norway, arehereby accepted.
The undertakings offered by the Norwegian exporters mentioned in the
Annex to this Decision, in connection with the anti-dumping proceedingconcerning imports into the Community off armed Atlantic salmonoriginating in Norway, are hereby accepted.1997D0634 — EN — 23.01.1999 — 008.001 — 3
▼B
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 .1997D0634 — EN — 23.01.1999 — 008.001 — 4
▼M7
ANNEX
List of the 107 companies from which undertakings are accepted, as updated
by Regulation (EC) No 131/1999
Undertaking
NoCompanyTARIC addi-
tional code
3 Agnefest Seafood 8325
7 Aqua Export A/S 8100
8 Aqua Partner A/S 8101
11 Arctic Group International 8109
13 Arctic 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 West Fish Ltd 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 812631 Christiansen Partner A/S 8129
32 ►
C2Clipper Seafood A/S ◄ 8130
33 Coast Seafood 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 Fryseriet AS 8150
58 Grieg Seafood AS 8300
60 Haafa fisk AS 8302
61 Hallvard Lerøy AS 8303
62 Herøy Filetfabrikk AS 830466 Hydro Seafood Sales AS 8159
67 Hydrotech-gruppen AS 8428
72 Inter Sea AS 8174
75 Janas AS 81771997D0634 — EN — 23.01.1999 — 008.001 — 5
▼M8
▼M8
Undertaking
NoCompanyTARIC addi-
tional code
76 Joh. H. Pettersen AS 8178
77 Johan J. Helland AS 8179
79 Karsten J. Ellingsen AS 8181
82 Labeyrie Norge AS 8184
83 Lafjord Group AS 818585 Leica Fiskeprodukter 8187
87 Lofoten Seafood Export AS 8188
92 Marine Seafood AS 8196
93 Marstein Seafood AS 8197
96 Memo Food AS 8200
99 Myre Sjømat AS 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 Norexport AS 8223
114 Norfi Produkter AS 8227
115 Norfood Group AS 8228
116 Norfra Eksport AS 8229
119 Norsk Akvakultur AS 8232
120 Norsk Sjømat AS 8233
121 Northern Seafood AS 8307122 Nortrade AS 8308
123 Norway Royal Salmon Sales AS 8309
124 Norway Royal Salmon AS 8312
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 RolfOlsen Seaf ood 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
154 Sea Eagle Group AS 8265
155 Sea Star International AS 8266
156 Sea-Bell AS 8267157 Seaco AS 8268
158 Seacom AS 82691997D0634 — EN — 23.01.1999 — 008.001 — 6
▼M8
Undertaking
NoCompanyTARIC addi-
tional code
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 8276167 SL Fjordgruppen AS 8278
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 West Fish Norwegian Salmon AS 83241997D0634 — EN — 23.01.1999 — 008.001 — 7