Proposal for a COUNCIL REGULATION amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. By Regulation (EC) No 772/1999 (as last amended by Regulation (EC) No 1783/2000), the Council imposed definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway.

2. Exemptions to the duties were granted, however, when this product is exported by one of the Norwegian exporters from which the Commission accepted an individual price undertaking (cf Decision 97/634/EC, as last amended by Decision 2000/522/EC). These companies are listed in the Annex to the aforementioned Decision and Regulation.

3. Two Norwegian companies have claimed that they are "new exporters" within the meaning of the basic anti-dumping and anti-subsidies Regulations and have offered undertakings. Having investigated the matter, it was established that the applicants fulfilled the conditions for being considered as newcomers. The undertakings offered were therefore considered satisfactory and have been accepted by the Commission.

4. In addition, requests have been received from five other Norwegian companies with undertakings to transfer their undertakings to related parties. Three other companies have advised the Commission that their names have changed. The requests have been examined and are considered acceptable since the modifications do not entail any substantive changes which would call for a re-assessment of dumping.

5. In view of all these changes, it is also necessary to amend the list of companies in Regulation (EC) No 772/1999 which benefit from an exemption to the duties.

6. In parallel, the Commission is amending the Annex to Decision 97/634/EC accordingly.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 772/1999 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], as last amended by Regulation (EC) No 905/98 [2], and in particular Article 8 thereof,

[1] OJ L 56, 6.3.1996, p. 1.

[2] OJ L 128, 30.4.1998, p. 18.

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 [3], and in particular Article 13 thereof ,

[3] OJ L 288, 21.10.1997, p. 1.

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

Whereas:

A. Previous procedure

(1) On 31 August 1996, by means of two separate notices published in the Official Journal of the European Communities, the Commission announced the initiation of an anti-dumping proceeding [4] and an anti-subsidy proceeding [5] in respect of imports of farmed Atlantic salmon originating in Norway.

[4] OJ C 253, 31.8.1996, p. 18.

[5] OJ C 253, 31.8.1996, p. 20.

(2) These proceedings resulted in anti-dumping and countervailing duties being imposed in September 1997 in order to eliminate the injurious effects of dumping and subsidisation (cf. Council Regulations (EC) No 1890/97 [6] and 1891/97 [7]).

[6] OJ L 267, 30.9.1997, p.1

[7] OJ L 267, 30.9.1997, p.19

(3) However, at the same time, the Commission accepted undertakings from 190 Norwegian exporters, which meant that farmed Atlantic salmon originating in Norway exported by these companies was exempted from the anti-dumping and countervailing duties (cf. Decision 97/634/EC [8]).

[8] OJ L 267, 30.9.1997, p. 81. Decision as last amended by Decision 2000/522/EC, OJ L 208, 18.8.2000, p.47

(4) Regulations (EC) No 1890/97 and 1891/97 set out the definitive findings and conclusions on all aspects of the investigations The form of the duties having been reviewed, both Regulations were replaced by Regulation (EC) No 772/1999 [9].

[9] OJ L 101, 16.4.1999, p.1. Regulation as last amended by Regulation (EC) No 1783/2000, OJ L 208, 18.8.2000, p.1

B. New exporters, transfer of undertakings and changes of name

(5) Two Norwegian companies have claimed that they are "new exporters" within the meaning of Article 2 of Regulation (EC) No 772/1999 in conjunction with Article 11 (4) of Regulation (EC) No 384/96 and Article 20 of Regulation (EC) No 2026/97, and offered undertakings, requesting exemption from the anti-dumping and countervailing duties. Having investigated the matter, it was established that the applicants fulfilled the conditions for being considered as new exporters and, accordingly, the undertakings offered have been accepted.

(6) The Commission's findings in this respect are set out more fully in Commission Decision... [10].

[10] OJ L [number], [date], p. [page]

(7) Certain Norwegian exporters with undertakings have advised the Commission that the groups of companies to which they belong have been re-organised, or that they have changed their names. Accordingly, they have either requested that their undertakings be transferred to other companies within the relevant group, or that their name is amended on the list of companies from undertakings are accepted and the list of companies benefitting from an exemption to the duties.

(8) Having verified the nature of the requests, the Commission considered that the requests are acceptable since the modifications did not entail any substantive changes which require a re-assessment of dumping.

(9) Accordingly, the rights and obligations of the undertakings accepted from Atlantis Filtfabrikk A/S, Domstein Salmon A/S, Eurolaks A/S, Fjord Seafood Leines A/S and Namdal Salmon A/S have, by means of the above mentioned Decision, been transferred to Fjord Seafood Måløy, Domstein Fish A/S, Fjord Seafood ASA, Fjord Domstein A/S, Fjord Seafood Midt-Norge A/S respectively.

(10) As concerns, A/S Austevoll Fiskeindustri, Nor-Fa Food A/S and Ryfisk AS, these companies have changed their names to Austevoll Eiendom AS, Nor-Fa Fish A/S and Hydro Seafood Rogaland AS respectively.

C. Amendment of the Annex to Regulation (EC) No 772/1999

(11) In view of all the above, the Annex to Regulation (EC) No 772/1999 which lists the companies exempted from the anti-dumping and countervailing duties should be amended to take account of the changes.

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 772/1999 is hereby replaced by the text in the Annex hereto.

Article 2

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.

Done at Brussels,

For the Council

The President

List of companies from which undertakings are accepted and thus exempted from the definitive anti-dumping and countervailing duties

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