COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 14.09.1998 
COM(1998)531final 
Proposal for a 
COUNCIL REGULATION (EC) 
further 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. By Regulations (EC) No 1890/97 and (EC) No 1891/97, the Council imposed 
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. By Regulation (EC) No 772/98, the Council amended on 9 April 1998 the above 
Regulations to impose definitive anti-dumping and countervailing duties on 24 
Norwegian exporters which had been found to have violated their undertakings in 
relation to the first reporting quarter (third quarter 1997). 
3. The Commission, by Regulation (EC) No 1126/98, imposed provisional anti­
dumping and countervailing duties on twelve exporters, which had failed to respect 
their reporting obligations for the fourth quarter of 1997. Having been given an 
opportunity to comment immediately after the imposition of these duties, none of 
the companies concerned was able to provide any evidence of force majeure for its 
late reporting or lack of it. 
4. Thercrore, 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, without that leading the 
Commission to change its findings. 
5. Consequently, for the twelve companies having violated their undertakings, 
definitive anti-dumping and countervailing duties should be imposed. 
6. 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 definitive anti-dumping and 
countervailing duty 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%. 
% 
COUNCIL REGULATION (EC) No /98 
of 
further 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, 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, 
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 OJL 56, 6.3.1996, p. I. 
2 OJL 128, 30.4.98, p. 18. 
3 OJ L 288, 21.10.1997, p. 1 
A. PROVISIONAL MEASURES 
( I ) In (he framework of the anti-dumping and anti-subsidy 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) The text of the undertakings specifically provides that failure to comply with the 
reporting obligations and, in particular, failure to submit the quarterly report 
within the prescribed time-limit except in case of force majeure, would be 
construed as a violation of the undertaking. 
(3) For the fourth quarter of 1997, twelve Norwegian exporters failed to comply with 
their obligation to present a report within the prescribed time limit or did not 
submit any report at all. These exporters did not provide any evidence of force 
majeure to justify such late reporting or non-reporting. On this basis, the 
Commission had reasons to believe that these companies had breached the terms 
of their undertakings. 
(4) Consequently, the Commission, by Regulation (EC) No 1126/986, 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 twelve companies listed in the Annex 
to that Regulation. By the same Regulation, the Commission deleted the 
companies concerned from the Annex to Decision 97/634/EC listing the 
companies, from which undertakings were accepted. 
4 OJ C 235, 31. 8.1996, p. 18, and OJ C 235, 31.8.1996, p. 20. 
5 OJL267, 30.9.1997, p. 81. 
6 OJL 157, 30.5.1998, p. 82. 
B. SUBSEQUENT PROCEDURE 
(5) All twelve Norwegian companies subject to the provisional duties received 
disclosure in writing concerning the essential facts and considerations, on the 
basis of which these provisional duties were imposed. 
(6) Within the time limit set in the provisional duty Regulation, some of the 
Norwegian companies concerned submitted comments in writing. 
(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) None of the companies, which failed to respect their reporting obligations, 
submitted any valid evidence of force majeure as would have been necessary 
under the terms of the undertaking in order to lawfully justify such failure. 
In the absence of specific provisions in this regard in Regulation (EC) No 384/96, 
hereinafter referred to as the "basic Anti-dumping regulation", and in Regulation 
(EC) No 2026/97, hereinafter referred to as the "basic Anti-subsidies regulation", 
and in accordance with the case law of the Court of Justice, the justification 
invoked by each company as circumstances constituting force majeure can only 
be recognised as such where the failure was the inevitable result of an extraneous 
cause which could not reasonably have been foreseen or pre-empted and made it 
objectively impossible for the company concerned to comply with its obligations. 
In this regard, all circumstances invoked by the parties concerned, e.g. the illness 
of staff members for a few days, or the intense activity of other fish productions, 
cannot be considered as circumstances constitutingyôrce majeure. 
(9) Two out of the twelve exporters listed in Annex I, i.e. Gigante Fiskekroken AS 
and Melands Rokeri Eftf. AS7, have notified the Commission that they have 
changed their names and requested that the newly named companies be allowed to 
enter new undertakings as newcomers. However, the Commission is of the view 
that a simple change of name of a company is not sufficient to bring a party 
within the scope of Article 2 of Regulation (EC) No 1890/978 and Article 2 of 
Regulation (EC) No 1891/979. 
C. DEFINITIVE MEASURES 
( 10) 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. They were also granted a period, 
within which to make representations subsequent to this disclosure. 
(11) In view of 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. 
(12) 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 1891/97. 
7 The new names are Gigante Sild AS and Kokespesialisten AS, respectively. 
8 OJ L 267, 30.9.1997, p. I as last amended by Regulation (HC) No /98, OJ L of .1998, p.. 
0 OJ L 267, 30.9.1997, p. 19 as last amended by Regulation (EC) No /98, OJ I. of. 1998, p. 
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 twelve Norwegian companies should be fixed at the level of the 
duties established in those two regulations. 
D. DEFINITIVE COLLECTION OF PROVISIONAL DUTIES 
(13) A breach of undertaking has been established in relation to the twelve exporters 
having violated their undertakings. 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. 
(14) The Annexes to Regulation (EC) No 1890/97 and Regulation (EC) No 1891/97, 
as last amended by Regulation (EC) No /98, exempting the parties listed therein 
from the duty, should be amended to remove that exemption from the twelve 
companies listed in Annex I to the present Regulation, 
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 Luxembourg, 
For the Council 
The President 
ANNEXI 
List of companies subject to definitive anti-dumping and countervailing duties 
UT No Company Name Taric 
additional 
code 
Ï9 A/S Nortraders Ltd 8ÎÏ7 
45 Fader Martin AS 8142 
55 Gigante Fiskekroken AS 8152 
59 Gunnar Klo AS 8301 
71 Inter Road AS 8173 
95 Melands Rokeri Eftf. AS 8199 
106 Niscan Corporation AS 8212 
ÎÔ9 Nor-Trade International 82Ï5 
Ï25 Norway Seafarms AS 83Ï3 
136 Oster Sea Products AS 8241 
138 Pero Food AS 8243 
Ï86 VestAgenturAS 8320 
ANNEX II 
List of companies benefiting from undertakings 
UTNo 
1 
3 
5 
7 
8 
11 
13 
14 
15 
16 
17 
20 
21 
22 
23 
24 
26 
27 
28 
30 
31 
32 
33 
35 
36 Company Name 
A. Ovreskotnes AS 
Agnefest Seafood 
Alsvag Fiskeprodukter A/S 
Aqua Export A/S 
Aqua Partner A/S 
Arctic Group International 
Artie Superior A/S 
Arne Mathiesen A/S 
A/S Aalesundfisk 
A/S Austevoll Fiskeindustri 
A/SKeco "~ " ~ 
A/S Refsnes Fiskeindustri 
A/S West Fish Ltd 
Astor A/S 
Atlantic King Stranda A/S 
Atlantic Seafood A/S 
Borkowski & Rosnes A/S 
Bradrene Aasjord A/S 
Bradrene Eilertsen A/S 
Brodrene Remo A/S 
Christiansen Partner A/S 
Clipper Seafood A/A 
Coast Seafood A/S 
Dafjord Laks A/S 
DelfaNorgeA/S Taric 
additional 
Code 
8095 
8325 
8098 
8100 
8101 
8109 
8111 
8112 
.__ 
Tfi4 ~"~~ 
——-
Jm 
"si\9 
"8120 
"8121 
"8122 
8124 
8125 
8126 
8128 
8129 
8130 
8131 
8133 
8134 
UTNo 
39 
41 
42 
43 
44 
46 
47 
48 
49 
50 
51 
52 
53 
58 
60 
61 
62 
64 
65 
66 
67 
68 
70 
72 
75 
76 
77 
79 Company Name 
Domstein Salmon A/S 
Ixco Fisk & Delikatesse 
lidvard 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 
Heray Filetfabrikk AS 
Hirsholm Norge AS 
Hitramat & Delikatesse AS 
Hydro Seafood Sales AS 
Hydrotech-gruppen AS 
Icelandic Freezing Plants N. AS 
Incofood AS 
Inter Sea AS 
Janas AS 
Joh. H. Pettersen AS 
Johan J. Helland AS 
Karsten J. Ellingsen AS Taric 
additional 
Code 
8136 
8138 
8139 
8140 
8141 
8143 
8144 
8145 
8146 
8147 
8148 
8149 
8150 
8300 
8302 
8303 
8304 
8306 
8154 
8159 
8428 
8165 
8172 
8174 
8177 
8178 
8179 
8181 
UTNo 
80 
82 
83 
84 
85 
86 
87 
88 
89 
90 
92 
93 
96 
98 
99 
100 
101 
104 
105 
107 
108 
111 
112 
113 
114 
115 
116 
117 Company Name 
Kr. Klcivcn & Co. AS 
Labeyrie Norge AS 
Lafjord Group AS 
Langfjord Laks AS 
Leica Fiskeprodukter 
Leonhard Products AS 
Lofoten Seafood Export AS 
Lorentz A. Lossius AS 
Ma-vo Norge AS 
Marex AS 
Marine Seafood AS 
Marstein Seafood AS 
Memo Food AS 
Midsundfisk AS 
Myre Sjomat AS 
Naco Trading AS 
Namdal Salmon AS 
Nergard AS 
Nils Williksen AS 
Nisja Trading AS 
Nor-Food AS 
Nordic Group ASA 
Nordreisa Laks AS 
Norexport AS 
Norfi Produkter AS 
Norfood Group AS 
Norfra Eksport AS 
NorMan Trading Ltd. AS Taric 
additional 
Code 
8182 
8184 
8185 
8186 
8187 
8423 
8188 
8189 
8190 
8326 
Tl96~~ 
__ 
8200 
8202 
8203 
8206 
8207 
8210 
8211 
8213" 
8214 
8217 
8218 
8223 
8227 
8228 
8229 
8230 
UTNo 
119 
120 
121 
122 
123 
124 
126 
128 
129 
130 
134 
137 
140 
141 
142 
143 
144 
145 
146 
147 
148 
149 
151 n 
153 
154 
155 
156 
157 Company Name 
Norsk Akvakultur AS 
Norsk SJ0mat AS 
Northern Seafood AS 
Nortrade AS 
Norway Royal Salmon Sales AS 
Norway Royal Salmon AS 
Norway Seafoods ASA 
Norwell AS 
Notfisk Arctic AS 
Nova Sea AS 
Ok-Fish Kvalheim AS 
Pan Fish Sales AS 
Polar Seafood Norway AS 
Prilam Norvege AS 
Pundslett Fisk 
Roger AS 
RolfOlsen Seafood AS 
Ryfisk AS 
Rjarvik Fisk-og fiskematforretning AS 
Saga Lax Norge AS 
Saga Lax Nord A/S 
Salomega AS 
Sangoltgruppa AS 
Scanfood AS 
Sea Eagle Group AS 
Sea Star International AS 
Sea-Bell AS 
Seaco AS 
.__ . Taric 
additional 
Code 
8232 
8233 
8307 
8308~ 
8309 
8312 
8314 
8316 
8234 
8235 
8239 
8242 
8247" 
8248 
8251 
8253 
8254 
8256 
8257 
8258 
8259 
8260 
8262 
8264 
8265 
8266" 
8267 
8268 
UTNo 
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 
Seacom AS 
Seacom Nord AS 
Seafood Farmers of Norway Ltd AS 
Searior AS 
Sekkingstad AS 
Sirena Norway AS 
Kinn Salmon AS 
Skarpsno Mat 
SL Fjordgruppen AS 
SMP Marine Produkter AS 
Stavanger R0keri 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 
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) 531 final 
DOCUMENTS 
EN 03 02 11 
Catalogue number : CB-C0-98-536-EN-C 
ISBN 92-78-39233-2 
Office for Official Publications of the European Communities 
I .-2985 Luxembourg