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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
"M2 Council Regulation (EC) No 1003/1999 of 10 May 1999 L 123 19 13.5.1999
"M3 Commission Regulation (EC) No 1826/1999 of 23 August 1999 L 223 3 24.8.1999
"M4 Council Regulation (EC) No 1895/1999 of 27 August 1999 L 233 1 3.9.1999
"M5 Commission Regulation (EC) No 2592/1999 of 8 December 1999 L 315 17 9.12.1999
"M6 Council Regulation (EC) No 2652/1999 of 13 December 1999 L 325 1 17.12.19991999R0772 — EN — 18.12.1999 — 006.001 — 1
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 members of 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 not members 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 countervailing Regu-
lation’), definitive anti-dumping and countervailing duties (hereinafter‘the duties’) were imposed on imports of farmed (other than wildAtlantic salmon from Norway (hereinafter ‘salmon’), with the
exception of imports of salmon exported by the companies from
which undertakings had been accepted by the Commission. The rate ofthe definitive anti-dumping duty was set at EUR 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 undertaking
from the Kingdom of Norway and price undertakings from 190Norwegian exporters.
(3) Pursuant to Article 8(9) and (10) of Regulation (EC) No 384/96
(hereinafter ‘the basic anti-dumping Regulation’) and Article 13(9)
and (10) of Regulation (EC) No 2026/97 (hereinafter ‘the basiccountervailing Regulation’), provisional (
7) and/or definitive (8) anti-
dumping and countervailing duties have been imposed on imports of
salmon exported by a number of companies which have either violatedor withdrawn their undertakings. The duty rates applied in all thesecases are those mentioned in recital 1 above.
2.REVIEW INVESTIGATION
(4) In the course of the monitoring of the price undertakings by the
Commission, it became apparent that the effectiveness of the differentmeasures was being undermined as, under certain circumstances,
certain exporters which were not subject to the price undertakings were
able to sell salmon on the Community market at injurious prices, even!B
(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 ecu shall 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).1999R0772 — EN — 18.12.1999 — 006.001 — 2
after payment of the duties. This situation increased the risk that other
exporters which were bound by undertakings would almost be forcedto lower their prices to compete with these comparatively cheapimports would therefore act in violation of their undertakings. With
more than 80 % of salmon being exported by companies bound by
undertakings, this would therefore undermine the overall effectivenessof the existing measures.
(5) Therefore, the Commission announced, by notice published in the
Official 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 basic countervailingRegulation in order to review the possibility of a change in the form of
the duties so that imports of salmon at injurious prices would be
prevented.
(6) The Commission advised the producers, exporters and importers
known to be concerned, the representatives of the exporting country,
the producing and exporting industries in Norway, and the complainant
Community producers of the initiation of the review investigation. Inthe notice of initiation, the Commission already indicated that, for low
priced imports, the form of the duties might be changed to a variable
duty at the level published in that notice. Interested parties were givenan opportunity to make their views known in writing and to request ahearing within a set time limit. Several parties made comments in
writing but no hearings were requested.
3.APPRAISAL OF THE CURRENT MARKET SITUATION
(7) It should first be recalled that the product concerned by the proceeding
is farmed Atlantic salmon, whether or not filleted, fresh, chilled orfrozen, currently classified under CN codes ex 0302 12 00,ex 0303 22 00, ex 0303 22 00 and ex 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 that during the
second half of 1998, the price level reported for exports of salmon
gradually deteriorated, on a weekly basis, to a level which was below
the non-injurious price level established during the investigationswhich led to the anti-dumping and countervailing measures. This
development is confirmed by the Norwegian export statistics and by
wholesale selling prices found in the Community. The prices of salmonimports from Norway were therefore lower than could have beenexpected after the imposition of the original measures and under
normal market conditions.
(9) The monitoring of the undertakings and the present investigation have
shown that the downward price pressure towards an injurious level wascaused, to a large extent, by Norwegian exporters not bound by price
undertakings which started to sell salmon at prices which, even after
payment of the duties, are below the non-injurious price level. Indeed,as was established during the investigations which led to theanti-dumping and countervailing measures, salmon is traded as a
commodity in a relatively transparent and competitive market.
Under these market conditions, increasing sales of salmon on the
Community market at prices below the non-injurious price levels set inthe undertakings would make it more and more difficult for exporters
bound by undertakings to continue to respect their price obligations.
Consequently, these exporters find themselves under pressure to act inbreach of their undertakings by selling at an injurious price level, or
face a situation where their market share is lost to other exporters
which sell outside the framework of the undertakings at an injuriousprice level. The Community industry, the Norwegian Government andthe Norwegian producers and exporters associations all shared this
assessment.
(10) In addition, comments received from certain Norwegian exporters on
the findings of the present review investigation also corroborate thisassessment. All parties which made submissions following the
initiation of the present investigation confirmed that the measures!B
(1) OJ C 400, 22.12.1998, p. 4.1999R0772 — EN — 18.12.1999 — 006.001 — 3
had not led to the intended price stabilisation, and most of them
supported the need to review the form of the duties.
(11) It is therefore concluded that, in their current form, the duties are not
having the intended effect, notably as regards underpinning the
undertakings, which were initially accepted from all known exportersand thus constitute the principal measure adopted to counteract
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. The choice
of the appropriate form of anti-dumping or countervailing duties forachieving this purpose depends on the circumstances of the case underconsideration.
(13) Since the early 1990s, the Community salmon market has suffered
recurrent crises caused by abnormally low import prices. Therefore, on
the basis of Council Regulation (EEC) No 3687/91 of 28 November
1991 on the common organisation of the market in 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 farmed Atlantic salmon. In December
1995, on the basis of Articles 112(1) and 113(3) of the Agreement onthe European Economic Area (
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 the Norwegian
exporters to independent EU customers (
5). It was noted, that this
happened particularly where salmon was traded between related partiesin Norway and the Community.
(14) Based on the above experience, it was decided in 1997 to impose the
anti-dumping duty in the form of a specific duty, and the countervail-ing duty in the form of an ad valorem duty in order to ensure the
effectiveness of these duties. Given the prevalence of trade between
related parties, these duties should, in principle, be maintained to
prevent circumvention of the duties.
(15) However, the present investigation has shown that these duties leave
open the possibility for exporters not bound by undertaking to exportsalmon at very low prices, which is likely to prejudice respect for theundertakings and thus their continued general use.
(16) The current form of the duties should therefore be partially revised in
order to deal with such low priced imports and thereby ensure that all
salmon originating in Norway is imported at a non-injurious price
level. Consequently, in circumstances where the existing duties wouldbe insufficient to ensure a non-injurious import price, the anti-dump-ing duty should be replaced by a minimum price and become a variable
duty.
(17) Salmon is commonly traded in different presentations (gutted head-on,
gutted head-off, whole fish fillets, other fillets or fillet portions, or
off-cuts or trimmings). Therefore, when translating the existing duties
into their new form, a non-injurious minimum price level had to beestablished for each of these presentations with a view to ensuring a
level of protection similar to the minimum prices set in the
undertakings. The different minimum prices are essentially derivedfrom the weight conversion factor relevant to each presentation byreference to its whole fish equivalent. The presentations and the
corresponding weight conversion rates and minimum price levels were
published in the Annex to the Commission notice announcing the!B
(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, it became known that the minimum or floor prices imposed had
failed to half the continued decline in the price of salmon to a level below the
minimum import price — European Parliament, resolution on the crisis in the EU
salmon market (OJ C 65, 4.3.1996, p. 212).1999R0772 — EN — 18.12.1999 — 006.001 — 4
initiation of the present investigation. No comments have been
received in this respect.
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 countervailing
Regulation, the revision of the form of the duty resulting from the
present investigation does not change the normal duration of theanti-dumping and countervailing measures since the review 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 to replace those
Regulations by a single Regulation. However, the facts and consider-ations established in the anti-dumping and countervailing Regulationsremain valid as constituting the facts and 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 salmon
falling 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 salmon
shall be that in respect of which the competent authorities of the
Member States of landing are satisfied, by means of all customs andtransport documents to be provided by interested parties, that it wascaught at sea.
2. (a) The rate of the countervailing duty applicable to the net free-at-
Community-frontier prices, before duty shall be 3,8 % (TARIC code
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 net product weight (TARIC code 8900). However, if thefree-at-Community-frontier price, including the countervailing and
anti-dumping duties, is less than the relevant minimum price set out
in paragraph 3, the anti-dumping duty to be collected shall be thedifference between that minimum price and the free-at-Community-frontier price, including the countervailing duty.
3. For the purpose of paragraph 2, the following minimum prices shall apply
per kilogram net product weight:
Presentation of salmonMinimum price EUR/kg net
product weightTARIC code
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*29Whole 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!
B
(1) OJ C 253, 31.8.1996, p. 18 and p. 20.1999R0772 — EN — 18.12.1999 — 006.001 — 5
Presentation of salmonMinimum price EUR/kg net
product weightTARIC code
Other, frozen, including ‘steaks’ 3,65 0303 22 00*29
Whole fish fillets, more than 300 g each, fresh or chilled 5,19 0304 10 13*21
Other fish fillets or fillet portions, 300 g or less each, fresh or chilled 6,55 0304 10 13*29Whole 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
sufficient evidence to the Commission that it did not export the goods
described in Article 1(1) during the original investigation period, the
Commission, after consulting the Advisory Committee, may where appropri-ate amend by Regulation the Annex in order to extend the exemption from thepayment of the duties to the new exporter.
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, where appropri-ate.
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.!B1999R0772 — EN — 18.12.1999 — 006.001 — 6
ANNEX
LIST OF COMP ANIES EXEMPTED FROM THE DEFINITIVE ANTI-DUMPING AND COUNTERV AILING DUTIES
UT No Company Name Taric 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 8111
15 A/S Aalesundfisk 8113
16 A/S Austevoll Fiskeindustri 811417 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 812427 Brødrene Aasjord A/S 8125
31 Christiansen Partner A/S 8129
32 Clipper Seafood A/S 813033 Coast Seafood A/S 8131
35 Dafjord Laks A/S 8133
36 Delfa Norge A/S 813439 Domstein Salmon A/S 8136
41 Ecco Fisk & Delikatesse 8138
42 Edvard Johnsen A/S 813943 Eurolaks AS 8140
44 Euronor AS 8141
46 Fiskeforsyningen AS 814347 Fjord Aqua Group AS 814448 Fjord Trading Ltd. AS 8145
50 Fossen AS 8147
51 Fresh Atlantic AS 814852 Fresh Marine Company AS 8149
53 Fryseriet AS 8150
58 Grieg Seafood AS 830060 Haafa fisk AS 8302
61 Hallvard Lerøy AS 8303
62 Atlantis Filetfabrikk AS 8304!
M61999R0772 — EN — 18.12.1999 — 006.001 — 7
UT No Company Name Taric additional code
66 Hydro Seafood Norway AS 8159
67 Hydrotech-gruppen AS 8428
72 Inter Sea AS 817475 Janas AS 8177
76 Joh. H. Pettersen AS 8178
77 Johan J. Helland AS 817979 Karsten J. Ellingsen AS 818180 Kr Kleiven & Co. AS 8182
82 Labeyrie Norge AS 8184
83 Lafjord Group AS 818585 Leica Fiskeprodukter 8187
87 Lofoten Seafood Export AS 8188
92 Marine Seafood AS 819693 Marstein Seafood AS 8197
96 Memo Food AS 8200
98 Misundfisk AS 8202
100 Naco Trading AS 8206
101 Namdal Salmon AS 8207
104 Nergård AS 8210105 Nils Williksen AS 8211
107 Nisja Trading AS 8213
108 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
116 Norfra Eksport AS 8229
119 Norsk Akvakultur AS 8232120 Norsk Sjømat AS 8233
121 Northern Seafood AS 8307
122 Nortrade AS 8308123 Norway Royal Salmon Sales AS 8309
124 Norway Royal Salmon AS 8312
126 Norway Seafoods ASA 8314128 Norwell AS 8316
130 Nova Sea AS 8235
134 Ok-Fish Kvalheim AS 8239137 Pan Fish Sales AS 8242!
M61999R0772 — EN — 18.12.1999 — 006.001 — 8
UT No Company Name Taric additional code
140 Polar Seafood Norway AS 8247
141 Prilam Norvège AS 8248
142 Pundslett Fisk 8251144 Rolf Olsen Seafood AS 8254
145 Ryfisk AS 8256
146 Rørvik Fisk-og fiskematforretning AS 8257147 Saga Lax Norge AS 8258148 Prima Nor AS 8259
151 Sangoltgruppa AS 8262
153 Scanfood AS 8264154 Sea Eagle Group AS 8265
155 Sea Star International AS 8266
156 Sea-Bell AS 8267157 Seaco AS 8268
158 Seacom AS 8269
160 Seafood Farmers of Norway Ltd AS 8271161 Seanor AS 8272
162 Sekkingstad AS 8273
164 Sirena Norway AS 8275165 Kinn Salmon AS 8276
167 Fjord Seafood Leines AS 8278
168 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
180 Timar Seafood AS 8294
182 Torris Products Ltd. AS 8298183 Troll Salmon AS 8317
188 Vikenco AS 8322
189 Wannebo International AS 8323190 West Fish Norwegian Salmon AS 8324
191 Nor-Fa Food AS 8102
192 Westmarine AS 8625193 F . Uhrenholt Seafood Norway AS A033
194 Mesan Seafood AS A034
195 Polaris Seafood AS A035196 Scanfish AS A036!
M61999R0772 — EN — 18.12.1999 — 006.001 — 9
UT No Company Name Taric additional code
197 Normarine AS A049
198 Oskar Einar Rydbeck A050!M61999R0772 — EN — 18.12.1999 — 006.001 — 10