COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 04.12.1998 
COM( 1998)727 final 
Proposal for a 
COUNCIL REGULATION (EC) 
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 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. On 30 September 1997, the Council imposed, by Regulations (EC) No 1890/97 and 
(EC) No 1891/97, definitive anti-dumping and countervailing duties on imports of 
farmed Atlantic salmon from Norway, except where this product is exported by one 
of 190 Norwegian exporters from which the Commission, by Decision 97/634/EC, 
had accepted individual price undertakings. 
2. On 15 August 1998, the Commission imposed, by Regulation (EC) No 1789/98, 
provisional anti-dumping and countervailing duties on three other Norwegian 
exporters, which appeared to have violated the Minimum Price provision or the 
reporting obligation of their undertakings in relation to the fourth quarter of 1997. 
3. Having been given an opportunity to comment, one company which had lost its 
export licence did not react. With regard to the other two companies, it was 
confirmed that one company did not comply with its reporting obligation within the 
given deadline , while the other company admitted the price violation. 
Therefore, the Commission concluded that these companies violated their 
undertakings, which should be revoked. All parties concerned were accordingly 
informed and given an opportunity to comment. 
4. Consequently, it is proposed that the Council impose definitive anti-dumping and 
countervailing duties on these three exporters. 
In accordance with Article 8 (9) of Regulation (EC) No 384/96 and with Article 13 
(9) of Regulation (EC) No 2026/97, the rate of the duties to be imposed should be 
established on the basis of the findings of the investigations, which led to the 
undertakings. In this regard, it is considered appropriate to set the rate of the 
definitive anti-dumping duty at 0.32 ECU per kilo net product weight, and the rate 
of the definitive countervailing duty at the level of 3.8%. 
Su. 
COUNCIL REGULATION (EC) No /98 
of 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 
Community1, as last amended by Regulation (EC) No 905/982 of 27 April 1998 
(hereinafter referred to as "the basic Anti-dumping Regulation"), 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 Community3 
(hereinafter referred to as "the basic Anti-subsidies Regulation"), and in particular 
Articles 13(9) and 15 thereof, 
Having regard to the proposal submitted by the Commission after consulting the 
Advisory Committee, 
Whereas: 
1 OJ L 56, 6.3.1996, p. 1. 
2 OJL128, 30.4.98, p. 18. 
3 OJ L 288, 21.10.1997, p. 1. 
3 
A. PROVISIONAL MEASURES 
(1) In the framework of the anti-subsidy and anti-dumping investigations initiated by 
two separate notices published in the Official Journal of the European 
Communities4, the Commission accepted, by Decision 97/634/EC5, undertakings 
offered by the Kingdom of Norway and by 190 Norwegian exporters. 
(2) In monitoring the reports received for the fourth quarter of 1997, it appeared that 
three Norwegian exporters - Icelandic Freezing Plants Norway AS, Incofood AS, 
and Ma-vo Norge AS - had made sales on the Community market below the 
minimum price stipulated in the undertaking and were therefore in breach of their 
obligations under the undertaking. When given the possibility to correct any 
possible clerical mistakes, one company made submissions showing that it had so 
far been reporting to the Commission sales to its related companies in the EC, 
instead of its resales to the first independent buyer, as required under the terms of 
the undertaking. These sales to related companies represented the overwhelming 
majority of total export sales of the product concerned to the Community made by 
this company. 
4 OJ C 235, 31. 8.1996, p. 18, and OJ C 235, 31.8.1996, p. 20. 
5 OJ L 267, 30.9.1997, p. 81, as last amended by Commission Decision 98/540/EC, OJ L 252, 
12.9.1998, p. 68. 
q • 
(3) Consequently, the Commission, by Regulation (EC) No 1789/986, 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 three companies mentioned above. By 
the same Regulation, the Commission removed the companies concerned from the 
Annex to Decision 97/634/EC listing the companies, from which undertakings 
were accepted. 
B. SUBSEQUENT PROCEDURE 
(4) Immediately after the imposition of the provisional duties, these three Norwegian 
companies received disclosure in writing of the essential facts and considerations, 
on the basis of which these provisional duties were imposed. 
(5) One company did not submit any comments further to the Commission's 
disclosure document. Furthermore, the company had previously informed the 
Commission that on 1 January 1998 it had returned its export licence issued by 
the Norwegian authorities. 
(6) Within the time limit set in the provisional duty Regulation, the other two 
companies submitted comments in writing and were granted a hearing. 
OJL228, 15.8.1998, p. 4. 
S 
(7) Subsequent to the written submissions received, the Commission sought and 
examined all information it deemed necessary for the purpose of a definitive 
determination on the apparent violations. 
(8) As regards the company having reported sales to its related parties, this further 
examination confirmed the provisional findings set out in recital (11) of the 
provisional duty Regulation. Indeed, it was established that almost the totality of 
the transactions reported for the fourth quarter of 1997 as well as those included 
in the quarterly reports submitted for the third quarter 1997, and the first and 
second quarter 1998 within the given deadlines were in fact sales to related 
companies in the EC and not to independent parties, it being the latter which 
should have been reported, in accordance with the clear terms of the undertaking. 
In reaction to the disclosure document sent after the provisional duties were 
imposed, the company claimed that it had only made a reporting error, and on 15 
September 1998 sent the Commission new reports for the third and fourth quarters 
of 1997 and for the first and second quarters of 1998. In addition, the company 
contended that the sales to first independent customers reported in the revised 
reports respected the Minimum Price provision. Thus, no injury was allegedly 
caused to the Community industry. 
G 
(9) In its undertaking, the company undertook to send the Commission, within the 
given deadlines, a confidential report of all sales transactions to the first unrelated 
customers in the Community. Furthermore, the undertaking stipulates that failure 
to submit the quarterly report as required within the prescribed time limits shall be 
considered a violation of the undertaking, except in cases of force majeure. 
Despite these clear terms, which the company was fully aware of, it only reported 
transfer sales, within the given deadlines, and thus violated its reporting 
obligation. Indeed, transfer sales do not allow any conclusions to be reached on 
the actual sales prices charged to first unrelated customers, and thus do not enable 
the Commission to monitor the undertaking. 
(10) In view of the fact that the non-compliance with the explicit reporting obligations 
must be construed as a breach of the undertaking, in accordance with Article 8 (7) 
of the basic Anti-dumping Regulation and Article 13 (7) of the basic Anti-
subsidies Regulation, it is not considered necessary to establish whether actual 
sales price levels infringed the Minimum Price provision set in the undertaking. 
Indeed, this could only have shown that, in addition to having breached the 
undertaking by reporting in a way, which prevents its effective monitoring by the 
Commission, the Minimum Price set therein might have not been respected. 
* 
(11) The third company admitted that it had made a sale below the Minimum Price 
stipulated by the undertaking, this transaction representing the totality of sales of 
the presentation in question. However, the exporter claimed that for this 
transaction, which was admitted to be a special sale intended to be made with no 
profit, the Minimum Price would have been respected if unforeseen transport 
arrangements had not resulted in an unexpectedly low sales price. It was claimed 
that the goods were shipped through a border point different from the one 
foreseen by the company, and that they were shipped on a partial instead of a full 
truck load, the higher transport costs thus incurred thereby increasing the 
deduction per kilo for transport costs within the Community made from the DDP 
price to the first independent customer, in order to obtain the Community border 
price. 
Quite apart from the difficulty of verifying such hypothetical arguments, which 
were only gradually put forward in the course of successive explanations, the 
violation seems to result from the fact that the sale was planned too close at the 
Minimum Price level, not even yielding any profit. Given the clear terms of the 
Minimum Price obligation in the undertaking, which include the deduction for 
direct selling expenses in case of DDP sales, it is incumbent upon the company to 
make sure that the Minimum Price is respected regardless of whether favourable 
transport arrangements can be made, or otherwise. 
8 
C. DEFINITIVE MEASURES 
(12) The interested parties were informed of the essential facts and considerations, on 
the basis of which it was intended to confirm the withdrawal of the Commission's 
acceptance of their undertaking and to recommend the imposition of definitive 
anti-dumping and countervailing duties and the definitive collection of the 
amounts secured by way of provisional duties. The parties were also granted a 
period, within which to make representations subsequent to this disclosure. 
(13) After having duly considered the comments submitted, 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. 
9 
(14) The investigations which led to the undertakings were concluded by a final 
determination as to dumping and injury by Regulation (EC) No 1890/97, and by a 
final determination as to subsidisation and injury by Regulation (EC) No 
1891/977. Therefore, in accordance with Article 8(9) of the basic Anti-dumping 
regulation and Article 13(9) of the basic Anti-subsidies regulation, the rate of the 
definitive duties for the three Norwegian companies should be fixed at the level of 
the duties established in those two regulations. 
D. DEFINITIVE COLLECTION OF PROVISIONAL DUTIES 
(15) A breach of the undertaking has been established in relation to the three exporters 
listed in Annex I to the present Regulation. Therefore, 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. UPDATING OF THE LIST OF EXPORTERS EXEMPTED FROM ANTI­
DUMPING AND COUNTERVAILING DUTIES 
(16) 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 three companies listed in Annex I to the present 
Regulation, 
7 OJ L 267, 30.9.1997, p. 1 and p. 19, Regulation as last amended by Regulation (EC) No 2052/98, OJ 
L 264, 29.9.1998, p. 17. 
io 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The Annex to Regulation (EC) No 1890/97 is hereby replaced by Annex II. 
2. The Annex to Regulation (EC) No 1891/97 is hereby replaced by Annex II. 
Article 2 
The amounts secured by way of the provisional anti-dumping and countervailing duties 
imposed by Regulation (EC) No 1126/98 in relation to farmed (other than wild) Atlantic 
salmon falling within CN codes ex 03021200 (Taric code: 03021200*19), ex 03041013 
(Taric code: 03041013*19), ex 03032200 (Taric code: 03032200*19) and ex 03042013 
(Taric code: 03042013*19) originating in Norway and exported by the companies listed 
in the Annex I to this Regulation shall be definitively collected. 
Article 3 
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 
\\ 
ANNEXI 
List of companies subject to definitive anti-dumping and countervailing duties 
UTNo 
68 
70 
89 Company 
Icelandic Freezing Plants N. AS 
Incofood AS 
Ma-vo Norge AS Taric 
additional 
code 
8165 
8172 
8190 ANNEXI 
List of companies subject to definitive anti-dumping and countervailing duties 
UTNo 
68 
70 
89 Company 
Icelandic Freezing Plants N. AS 
Incofood AS 
Ma-vo Norge AS Taric 
additional 
code 
8165 
8172 
8190 ANNEXI 
List of companies subject to definitive anti-dumping and countervailing duties 
UTNo 
68 
70 
89 Company 
Icelandic Freezing Plants N. AS 
Incofood AS 
Ma-vo Norge AS Taric 
additional 
code 
8165 
8172 
8190 
ANNEX II 
List of companies benefiting from undertakings 
UT No Company Name Taric 
additional 
Code 
I A. Ovreskotnes AS 8095 
3 Agnefest Seafood 8325 
_ Xlsvig 8098 
7 Aqua Export A/S 8100 
8 Aqua Partner A/S 8l01 
II Arctic Group International 8109 
13 Artie Superior A/S 8lTT 
14 Arne Mathiesen A/S 8H2 
15 A/S Aalesundfisk 8113 
16 A/S Austevoll Fiskeindustri 8114 
_ ^g Keco 8Tl5 
20 A/S Refsnes Fiskeindustri 8118 
21 A/S West Fish Ltd 8l"l9 
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 Br0drene Aasjord A/S 8125 
28 Brodrene Eilertsen A/S 8126 
30 Bradrene Rem0 AS 8128 
31 Christiansen Partner A/S 8129 
32 Clipper Seafood A/A 8130 
33 Coast Seafood A/S 8131 
35 Dafjord Laks A/S 8133 
43 
UTNo 
36 
39 
41 
42 
43 
44 
46 
47 
48 
49 
50 
51 
52 
53 
58 
60 
61 
62 
64 
65 
66 
67 
72 
75 
76 
77 
79 Company Name 
Delfa Norge A/S 
Domstein Salmon A/S 
Ecco Fisk & Delikatesse 
Edvard Johnsen A/S 
Eurolaks AS 
Euronor AS 
Fiskeforsyningen AS 
Fjord Aqua Group AS 
Fjord Trading Ltd. AS 
Form Egersund AS 
Fossen AS 
Fresh Atlantic AS 
Fresh Marine Company AS 
Fryseriet AS 
Grieg Seafood AS 
Haafa fisk AS 
Hallvard Leroy AS 
Heroy Filetfabrikk AS 
Hirsholm Norge AS 
Hitramat & Delikatesse AS 
Hydro Seafood Sales AS 
Hydrotech-gruppen AS 
Inter Sea AS 
Janas AS 
Joh. H. Pettersen AS 
Johan J. Helland AS 
Karsten J. Ellingsen AS Taric 
additional 
Code 
8134 
8136 
8138 
8139 
8140 
8141 
8143 
8144 
8145 
8146 
8147 
8148 
8149 
8150 
8300 
8302 
8303 
8304 
8306 
8154 
8159 
8428 
8174 
8177 
8178 
8179 
8181 UTNo 
36 
39 
41 
42 
43 
44 
46 
47 
48 
49 
50 
51 
52 
53 
58 
60 
61 
62 
64 
65 
66 
67 
72 
75 
76 
77 
79 Company Name 
Delfa Norge A/S 
Domstein Salmon A/S 
Ecco Fisk & Delikatesse 
Edvard Johnsen A/S 
Eurolaks AS 
Euronor AS 
Fiskeforsyningen AS 
Fjord Aqua Group AS 
Fjord Trading Ltd. AS 
Fonn Egersund AS 
Fossen AS 
Fresh Atlantic AS 
Fresh Marine Company AS 
Fryseriet AS 
Grieg Seafood AS 
Haafa fisk AS 
Hallvard Leroy AS 
Heroy Filetfabrikk AS 
Hirsholm Norge AS 
Hitramat & Delikatesse AS 
Hydro Seafood Sales AS 
Hydrotech-gruppen AS 
Inter Sea AS 
Janas AS 
Joh. H. Pettersen AS 
Johan J. Helland AS 
Karsten J. Ellingsen AS Taric 
additional 
Code 
8134 
8136 
8138 
8139 
8140 
8141 
8143 
8144 
8145 
8146 
8147 
8148 
8149 
8150 
8300 
8302 
8303 
8304 
8306 
8154 
8159 
8428 
8174 
8177 
8178 
8179 
8181 UTNo 
36 
39 
41 
42 
43 
44 
46 
47 
48 
49 
50 
51 
52 
53 
58 
60 
61 
62 
64 
65 
66 
67 
72 
75 
76 
77 
79 Company Name 
Delfa Norge A/S 
Domstein Salmon A/S 
Ecco Fisk & Delikatesse 
Edvard Johnsen A/S 
Eurolaks AS 
Euronor AS 
Fiskeforsyningen AS 
Fjord Aqua Group AS 
Fjord Trading Ltd. AS 
Fonn Egersund AS 
Fossen AS 
Fresh Atlantic AS 
Fresh Marine Company AS 
Fryseriet AS 
Grieg Seafood AS 
Haafa fisk AS 
Hallvard Leroy AS 
Heroy Filetfabrikk AS 
Hirsholm Norge AS 
Hitramat & Delikatesse AS 
Hydro Seafood Sales AS 
Hydrotech-gruppen AS 
Inter Sea AS 
Janas AS 
Joh. H. Pettersen AS 
Johan J. Helland AS 
Karsten J. Ellingsen AS Taric 
additional 
Code 
8134 
8136 
8138 
8139 
8140 
8141 
8143 
8144 
8145 
8146 
8147 
8148 
8149 
8150 
8300 
8302 
8303 
8304 
8306 
8154 
8159 
8428 
8174 
8177 
8178 
8179 
8181 
UT No Company Name Taric 
additional 
Code 
80 Kr. Kleiven & Co. AS 8182 
82 Labeyrie Norge AS 8184 
83 Lafjord Group AS 8l85 
84 Langfjord Laks AS 8186 
85 Leica Fiskeprodukter 8187 
86 Leonhard Products AS 8423 
87 Lofoten Seafood Export AS 8188 
88 Lorentz A. Lossius AS 8189 
90 MarexAS 8326 
92 Marine Seafood AS 81% 
93 Marstein Seafood AS §197 
96 Memo Food AS 8200 
98 Midsundfisk AS 8202 
99 Myre Sjomat AS 8203 
100 Naco Trading AS 8206 
iol Namdal Salmon AS 8207 
104 Nergard AS 8210 
f05 NilsWilliksenAS 82H 
107 Nisja Trading AS 8213 
108 Nor-Food AS 8214 
TTl Nordic Group ASA 82T7 
lT_ Nordreisa Laks AS 8218 
Fi3 Norexport AS 8223 
114 NorfiProdukterAS 8227 
Fl5 Norfood Group AS 8228 
H6 Norfra Eksport AS 8229 
H7 NorMan Trading Ltd AS 8230 
45 
UT No Company Name Taric 
additional 
Code 
119 Norsk Akvakultur AS 8232 
120 Norsk Sjomat AS ' 8233 
121 Northern Seafood AS [ 8307 
122 Nortrade AS 8308 
123 Norway Royal Salmon Sales AS 8309 
"T_4 Norway Royal Salmon AS 8312 
126 Norway Seafoods ASA 83H 
128 Norwell AS 8316 
129 Notfisk Arctic AS 8234 
130 Nova Sea AS 8235 
134 Ok-FishKvalheimAS : 8239 
137 Pan Fish Sales AS 8242 
140 Polar Seafood Norway AS 8247 
141 Prilam Norvege AS 8248 
142 Pundslett Fisk 8251 
143 Roger AS '. 8253 
144 RolfOlsen Seafood AS 8254 
L45 Ryfisk AS ' 8256 
146 Rjarvik Fisk-og fiskematforretning AS 8257 
147 Saga Lax Norge AS 8258 
148 Saga Lax Nord A/S 8259 
149 Salomega AS 8260 
151 Sangoltgruppa AS 8262 
153 Scanfood AS 8264 
154 Sea Eagle Group AS 8265 
155 Sea Star International AS 8266 
156 Sea-Bell AS 8267 
(G 
UTNo 
157 
158 
159 
160 
161 
162 
164 
165 
166 
167 
168 
171 
172 
174 
175 
176 
177 
178 
180 
182 
183 
187 
188 
189 
190 
191 Company Name 
Seaco AS 
Seacom AS 
Seacom Nord AS 
Seafood Farmers of Norway Ltd AS 
Seanor AS 
Sekkingstad AS 
Sirena Norway AS 
Kinn Salmon AS 
Skarpsno Mat 
SL Fjordgruppen AS 
SMP Marine Produkter AS 
Stavanger Rokeri AS 
Stjernelaks AS 
Stolt Sea Farm AS 
Storm Company AS 
Superior AS 
Svenodak AS 
Terra Seafood AS 
Timar Seafood AS 
Torris Products Ltd. AS 
Troll Salmon AS 
Vie de France Norway AS 
Vikenco AS 
Wannebo International AS 
West Fish Norwegian Salmon AS 
Nor-Fa Food AS Taric 
additional 
Code 
8268 
8269 
8270 
8271 
8272 
8273 
8275 
8276 
8277 
8278 
8279 
8282 
8283 
8285 
8286 
8287 
8288 
8289 
8294 
8298 
8317 
8321 
8322 
8323 
8324 
8102 UTNo 
157 
158 
159 
160 
161 
162 
164 
165 
166 
167 
168 
171 
172 
174 
175 
176 
177 
178 
180 
182 
183 
187 
188 
189 
190 
191 Company Name 
Seaco AS 
Seacom AS 
Seacom Nord AS 
Seafood Farmers of Norway Ltd AS 
Seanor AS 
Sekkingstad AS 
Sirena Norway AS 
Kinn Salmon AS 
Skarpsno Mat 
SL Fjordgruppen AS 
SMP Marine Produkter AS 
Stavanger Rokeri AS 
Stjernelaks AS 
Stolt Sea Farm AS 
Storm Company AS 
Superior AS 
Svenodak AS 
Terra Seafood AS 
Timar Seafood AS 
Torris Products Ltd. AS 
Troll Salmon AS 
Vie de France Norway AS 
Vikenco AS 
Wannebo International AS 
West Fish Norwegian Salmon AS 
Nor-Fa Food AS Taric 
additional 
Code 
8268 
8269 
8270 
8271 
8272 
8273 
8275 
8276 
8277 
8278 
8279 
8282 
8283 
8285 
8286 
8287 
8288 
8289 
8294 
8298 
8317 
8321 
8322 
8323 
8324 
8102 UTNo 
157 
158 
159 
160 
161 
162 
164 
165 
166 
167 
168 
171 
172 
174 
175 
176 
177 
178 
180 
182 
183 
187 
188 
189 
190 
191 Company Name 
Seaco AS 
Seacom AS 
Seacom Nord AS 
Seafood Farmers of Norway Ltd AS 
Seanor AS 
Sekkingstad AS 
Sirena Norway AS 
Kinn Salmon AS 
Skarpsno Mat 
SL Fjordgruppen AS 
SMP Marine Produkter AS 
Stavanger Rokeri AS 
Stjernelaks AS 
Stolt Sea Farm AS 
Storm Company AS 
Superior AS 
Svenodak AS 
Terra Seafood AS 
Timar Seafood AS 
Torris Products Ltd. AS 
Troll Salmon AS 
Vie de France Norway AS 
Vikenco AS 
Wannebo International AS 
West Fish Norwegian Salmon AS 
Nor-Fa Food AS Taric 
additional 
Code 
8268 
8269 
8270 
8271 
8272 
8273 
8275 
8276 
8277 
8278 
8279 
8282 
8283 
8285 
8286 
8287 
8288 
8289 
8294 
8298 
8317 
8321 
8322 
8323 
8324 
8102 

ISSN 0254-1475 
COM(98) 727 final 
DOCUMENTS 
EN 03 02 11 01 
Catalogue number : CB-CO-98-727-EN-C 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
42