COUNCIL REGULATION (EC) No 772/98 of 7 April 1998 amending Regulations (EC) No 1890/97 and (EC) No 1891/97 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway

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 Articles 8(9) and 9 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 Articles 13(9) and 15 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A. Provisional measures

(1) In the framework of the anti-dumping and anti-subsidy investigations initiated by two separate notices published in the Official Journal of the European Communities (3), the Commission had accepted, on 26 September 1997, by Decision 97/634/EC (4), undertakings offered by the Kingdom of Norway and by 190 Norwegian exporters. These undertakings apply to all sales invoiced by these exporters since 1 July 1997.

Subsequent to the acceptance of these undertakings, the Commission had reasons to believe that 29 exporters were failing to comply with the terms of these undertakings:

- it appeared from their reports relating to the third quarter of 1997 that six Norwegian exporters had made sales on the Community market below the minimum price stipulated in the undertaking for each presentation of the product concerned,

- 23 Norwegian exporters failed to comply with their obligation to submit their report relating to the third quarter of 1997 within the prescribed time limit, or did not submit such a report at all. These exporters did not provide any evidence of force majeure to justify such late reporting.

(2) Consequently, the Commission, by Regulation (EC) No 2529/97 (5), hereinafter referred to as the 'provisional duty Regulation`, imposed provisional anti-dumping and countervailing duties on imports of farmed 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 and exported by the companies listed in the Annex I to that Regulation.

B. Subsequent procedure

(3) All Norwegian companies concerned by the provisional duties received disclosure in writing concerning the essential facts and considerations on the basis of which these duties were imposed.

(4) Within the time limit set in the provisional duty Regulation, most of the Norwegian companies concerned submitted comments in writing.

(5) Subsequent to the written submissions received, the Commission sought and verified all information it deemed necessary for the purpose of a definitive determination on the apparent violations. The Commission's findings are set out in Regulation (EC) No 651/98 (6).

C. Definitive measures

(6) Parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping and countervailing duties and the definitive collection of the amounts secured by way of provisional duties. They were also granted a period within which to make representations subsequent to this disclosure.

(7) The exporters concerned having been given an opportunity to comment, it is concluded that definitive anti-dumping and countervailing duties should be imposed on imports of farmed Atlantic salmon originating in Norway and exported by the companies listed in Annex I to this Regulation.

(8) The investigations which led to the undertakings were concluded by a final determination as to dumping and injury by Regulation (EC) No 1890/97 (7), and by a final determination as to subsidisation and injury by Regulation (EC) No 1891/97 (8). Therefore, the rate of the definitive duties should be fixed at the level of the duties established in those two Regulations, in accordance with Article 8(9) of Regulation (EC) No 384/96 and Article 13(9) of Regulation (EC) No 2026/97.

D. Definitive collection of provisional duties

(9) In relation to the exporters for which a breach of undertaking has been established, it is considered necessary that the amounts secured by way of provisional anti-dumping and countervailing duties be definitively collected at the level of the definitive duties.

E. Amendment of the Annexes to Regulation (EC) No 1890/97 and Regulation (EC) No 1891/97

(10) In addition, certain companies informed the Commission that their name had been changed or that their name as shown in the Annex to Decision 97/634/EC is not correct. Where a company has changed its name, the Commission verified that there was no change in the corporate structure which would call for a more detailed examination of the appropriateness of maintaining its undertaking.

The Annexes to Regulation (EC) No 1890/97 and Regulation (EC) No 1891/97, exempting the parties listed therein from the duty, should be amended to remove that exemption from the companies listed in Annex I hereto, and update these Annexes to take account of the change of name of Skaarfish Group AS, and the correction of the names of West Fish Sales Ltd,

HAS ADOPTED THIS REGULATION:

Article 1

For the products falling within the CN codes referred to in Article 3 and exported by the companies listed in Annex I:

- a definitive anti-dumping duty is hereby imposed. The rate of duty applicable is ECU 0,32/kg net product weight,

- a definitive countervailing duty is hereby imposed. The rate of duty applicable to the net free-at-Community price, before duty is 3,8 %.

Article 2

1. As a consequence, the Annex to Regulation (EC) No 1890/97 is hereby replaced by Annex II to this Regulation.

2. The Annex to Regulation (EC) No 1891/97 is hereby replaced by Annex II to this Regulation.

Article 3

The amounts secured by way of the provisional anti-dumping and countervailing duties imposed by Regulation (EC) No 2529/97 in relation to farmed (other than wild) Atlantic salmon falling within CN codes ex 0302 12 00 (TARIC code: 0302 12 00*19), ex 0304 10 13 (TARIC code: 0304 10 13*19), ex 0303 22 00 (TARIC code: 0303 22 00*19) and ex 0304 20 13 (TARIC code: 0304 20 13*19) originating in Norway and exported by the companies listed in the Annex I to this Regulation shall be definitively collected.

Article 4

This Regulation shall enter into force on the day following 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.

Done at Luxembourg, 7 April 1998.

For the Council

The President

D. BLUNKETT

(1) OJ L 56, 6. 3. 1996, p. 1. Regulation as amended by Regulation (EC) No 2331/96 (OJ L 317, 6. 12. 1996, p. 1).

(2) OJ L 288, 21. 10. 1997, p. 1.

(3) OJ C 235, 31. 8. 1996, p. 18, and

OJ C 235, 31. 8. 1996, p. 20.

(4) OJ L 267, 30. 9. 1997, p. 81.

(5) OJ L 346, 17. 12. 1997, p. 63.

(6) OJ L 88, 24. 3. 1998, p. 31.

(7) Council Regulation (EC) No 1890/97 of 26 September 1997 imposing a definitive anti-dumping duty on imports of farmed Atlantic salmon originating in Norway (OJ L 267, 30. 9. 1997, p. 1).

(8) Council Regulation (EC) No 1891/97 of 26 September 1997 imposing a definitive countervailing duty on imports of farmed Atlantic salmon originating in Norway (OJ L 267, 30. 9. 1997, p. 19).

ANNEX I

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ANNEX II

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