COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 23.03.1998 
COM(1998) 192 final , 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Council 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 the 190 
Norwegian exporters from which the Commission, by Decision 97/634/EC, had 
accepted undertakings. 
2. On the basis of the reports received from the Norwegian exporters for the 
monitoring of these undertakings, there were reasons to believe that 6 exporters 
had violated the minimum price provision of the undertaking, and that 23 
exporters had violated their reporting obligations. Therefore, the Commission, by 
Regulation (EC) No 2529/97, imposed provisional anti-dumping and 
countervailing duties on imports of Norwegian salmon exported by these 29 
companies. 
3. In the subsequent investigation, 4 of the 6 companies could show that the 
minimum price had appeared violated because of erroneous reporting which was 
not in line with the reporting guidelines attached to the undertaking. In fact they 
had not violated their undertakings. One of the 23 companies which appeared to 
have violated the reporting obligations could show that it had actually sent its 
report in good time. 
4. In respect of these 5 companies, the Commission, by Regulation (EC) .../.. 
repealed the provisional duties imposed by Regulation (EC) No 2529/97 and 
reinstated the undertakings accepted from these companies. 
At the same time, the Commission accepted an undertaking offered by a new 
exporter, and, added this company to the annexes of Regulations (EC) No 
1890/97 and 1891/97 each of which contains the list of parties which are exempted 
from the definitive anti-dumping and countervailing duties. 
5. Concerning the other 24 exporters for which a violation of their undertakings has 
been confirmed, definitive anti-dumping and countervailing duties should be 
imposed and the amounts secured by way of the provisional anti-dumping and 
countervailing duties imposed by Regulation (EC) No 2529/97 should be 
definitively collected. 
For the sake of clarity the annexes of Regulations (EC) No 1890/97 and 1891/97 
should be updated accordingly. 
Finally, taking advantage of this publication, the change of name by one company, 
and the correction of the name for another company should also by included in 
such update. 
3 
COUNCIL REGULATION (EC) No .../.. 
of 
amending Council 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 (*), 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 subsidized 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 
CommunitiesQ), the Commission had accepted, on 26 September 1997, by Decision 
97/634/EC(4), undertakings offered by the Kingdom of Norway and by 190 
1 OJ No L 56, 6.3.1996, p.l; Regulation as amended by Regulation (EC) No 2331/96 (OJ No L 317, 
6.12.1996, p.l). 
2 OJNoL28S,21.10.1997,p.l. 
3 OJNo C 235, 31.8.1996, p.18, and 
OJ No C 235, 31.8.1996, p.20. 
4 OJ No L 267, 30.9.1997, p.81. 
1 
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 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 1997 within the prescribed time limit, or did 
not submit such 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 1 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 
5 OJ No L 346, 17.12.1997, p.63. 
5 
determination on the apparent violations. The Commission's findings are set out in 
Regulation (EC) No.../.A 
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 1 to the present 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 subsidization and injury by Regulation (EC) No 
1891/97(8). Therefore, the rate of the definitive duties should be fixed at level of the 
duties established in those two regulations, in accordance with Article 8 (9) of 
Council Regulation (EC) No 384/96 and Article 13 (9) of Council 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. 
6 OJNoL ...,....,p... 
7 OJ No L 267, 30.9.1997, p. 1. 
8 OJ No L 267, 30.9.1997, p.19. 
c 
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 Regulatipn (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 1 hereto, and update these 
Annexes to take account 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 
The Annex to Regulation (EC) No 1890/97 is hereby replaced by Annex 2 to the present 
Regulation. 
Article 2 
The Annex to Regulation (EC) No 1891/97 is hereby replaced by Annex 2 to the present 
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 1 to the present 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 Brussels, For the Council 
S 
ANNEX 1 
No Company Name Taric 
additional 
Code 
6 Altafjord Oppdrett A/S 8099 
~" 9 Aqua Supply A/S 8107 
10 AquatradeAS 8108 
18 A/S More Codfish Company 8lT6 
34 Compania do Bacalhau Lda A/S 8132 
38 DNHS Fishing Company A/S 8399 
56 Gje-vi A/S 8L53 
57 Gjendemsjo Fisk A/S 8299 
63 Heroy Lakseoppdrett AL 8305 
73 J. Meinert A/S : 8T75 
74 Jan og Einar Martinussen A/S 8176 
78 Karl Storm Andersen Eft A/S 8180 
91 Marinco A/S §191 
94 Master Seafood 8198 
102 Nature Sea-lect Ltd 8208 
103 Neptun Stavanger A/S 8209 
HO Nordhav A/S 82T6 
127 Norwegian Salmon A/S 8315 
132 Ocean Superior Products A/S 8237 
135 Omega Sea A/S 8240 
139 Polar Gigante A/S 8246 
170 Starfish 8281 
184 Uniprawns A/S 83ls 
185 Varebers's Roykeri 8319 
l ; 
ANNEX 2 
UT No Company Name Taric 
additional 
Code 
1 A.Ovreskotnes AS 8095 
2 A.B.A. A/S 8096 
3 Agnefest Seafood 8325 
" 4 Alamar A/S : 8097 
5 Alsvag Fiskeprodukter A/S 8098 
7 Aqua Export A/S 8100 
8 Aqua Partner A/S 8101 
11 Arctic Group International 8109 
12 Arctic Product A/S 8H0 
13 Artie Superior A/S 8m 
14 Arne Mathisen A/S 8112 
15 A/S Aalesundfisk 8lT3 
16 A/S Austevoll Fiskeindustri 8114 
17 A/S Keco 8H5 
19 A/S Nortraders Ltd ' 8U7 
20 A/S Refsnes Fiskeindustri 8TT8 
21 A/S West Fish Ltd '. 81T9 
22 Astor A/S 8l20 
23 Atlantic King Stranda A/S 8121 
24 Atlantic Seafood A/S ' 8122 
25 Atlantis A/S 8123 
26 Borkowski & Rosnes A/S 8124 
27 Brodrene Aasjord A/S 8125 
28 Brodrene Eilertsen A/S 8L26 
29 Brodrene Karlsen A/S 8L27 
30 Brodrene Remo A/S SLZS 
, 
1 ° 
UT No Company Name Taric 
additional 
Code 
31 Christiansen Partner A/S 8129 
' 32 Clipper Seafood A/A 800 
33 Coast Seafood A/S : 8131 
35 Dafjord Laks A/S 8133 
36 DelfaNorgeA/S 8134 
3 7 DM Direkte Markedsforingsbyra 8135 
39 Domstein Salmon A/S 8136 
40 E. Slorer Jacobsen & Co. A/S 8137 
41 Ecco Fisk & Delikatesse 8138 
42 Edvard Johnsen A/S 8139 
43 Eurolaks AS 8l40 
44 Euronor AS 8141 
45 Fader Martin AS 8142 
46 Fiskeforsyningen AS 8143 
47 Fjord Aqua Group AS 8144 
48 Fjord Trading Ltd. AS 8145 
49 Form Egersund AS 8146 
50 Fossen AS 8147 
51 Fresh Atlantic AS 8148 
52 Fresh Marine Company AS 8149 
53 Fryseriet AS §150 
54 Froya Fiskeindustri AS 8151 
55 Gigante Fiskekroken AS 8152 
58 Grieg Seafood AS 8300 
59 Gunnar Klo AS 8301 
60 Haafa fisk AS 8302 
61 Hallvard Leroy AS 8303 
nn 
UT No Company Name Taric 
additional 
Code 
62 Her0y Filetfabrikk AS 8304 
64 Hirsholm Norge AS 8306 
65 Hitramat & Delikatesse AS k 8154 
66 Hydro Seafood Sales AS 8L59 
67 Hydrotech-gruppen AS 8428 
68 Icelandic Freezing Plants N. AS 8165 
69 Imperial Salmon Co. AS 8171 
70 Incofood AS 8172 
71 Inter Road AS 8173 
72 Inter Sea AS §174 
75 Janas AS : 8177 
76 Joh. H. Pettersen AS 8178 
77 Johan J. Helland AS 8179 
79 Karsten J. Ellingsen AS 8lil 
80 Kr. Kleiven & Co. AS 8l82 
81 Kurt F. Loseth & Co AS 8183 
~82 Labeyrie Norge AS §184 
83 Lafjord Group AS §185 
84 Langfjord Laks AS 8186 
85 Leica Fiskeprodukter 8187 
86 Leonhard Products AS 8423 
87 Lofoten Seafood Export AS £188 
88 Lorentz A. Lossius AS 8189 
89 Ma-vo Norge AS 8190 
90 Marex AS 8326 
92 Marine Seafood AS 8196 
93 Marstein Seafood AS 8197 
*Z 
UT No Company Name Taric 
additional 
Code 
95 Melands Rokeri Eftf. AS §T99 
96 Memo Food AS 8200 
97 Midtco AS 8201 
98 Midsundfisk AS 82(5 
99 Myre Sjomat AS 8203 
100 Naco Trading AS 8206 
101 Namdal Salmon AS 8207 
104 Nergard AS ' 8210 
105 NibWilliksenAS 82U 
106 Niscan Corporation AS 8212 
107 Nisja Trading AS 8213 
108 ' Nor-Food AS 8214 
109 Nor-Trade International 82T5 
Til Nordic Group ASA 8217 
U2 Nordreisa Laks AS 8218 
U3 Norexport AS 8223 
H4 Norfi Produkter AS 8227 
H5 Norfood Group AS 822*$ 
\\6 Norfra Eksport AS 8229 
Fl7 NorMan Trading Ltd. AS 8230 
US Nornir Group AS 8231 
H9 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 
124 Norway Royal Salmon AS ~~ 8312 
1 3 
UTNo Company Name Taric 
additional 
Code 
125 Norway Seafarms AS 83L3 
126 Norway Seafoods ASA 8314 
128 Norwell AS 8316 
129 Notfisk Arctic AS 8234 
130 Nova Sea AS 8235 
ill NTC Norwegian Taste Company AS 823(5 
lH Oddvin Bjorge AS 8238 
134 Ok-Fish Kvalheim AS 8215 
136 Oster Sea Products AS 8241 
137 Pan Fish Sales AS 8242 
138 Pero Food AS : 8243 
140 Polar Seafood Norway AS ~' 8247 
141 Prilam Norvege AS 8248 
142 Pundslett Fisk 8251 
143 Roger AS " 8253 
144 RolfOlsen Seafood AS 8254 
145 Ryfisk AS 82H 
146 Rorvik Fisk-og fiskematforretning AS 8257 
147 Saga Lax Norge AS 8258 
148 Saga Lax Nord A/S 8259 
149 Salomega AS 8260 
150 Sandanger AS 8261 
lJi Sangoltgruppa AS 8262 
ill Scan-Mar AS 8263 
153 Scanfood AS 8264 
154 Sea Eagle Group AS 8265 
ill Sea Star International AS 8266 
A^i 
UT No Company Name Taric 
additional 
Code 
156 Sea-Bell AS 8267 
ill Seaco AS " 82618 
158 Seacbm AS 8269 
159 SeacomNordAS 8270 
160 Seafood Farmers of Norway Ltd AS 8271 
161 Seanor AS 8272 
ill Sekkingstad AS 8273 
163 Sigerfjord-Fisk AS 8274 
164 Sirena Norway AS 8275 
165 KINN SALMON AS 8276 
166 Skarpsno Mat 8277 
167 SL Fjordgruppen AS 8278 
168 SMP Marine Produkter AS 8279 
i69 Sotra Fiskeindustri AS 8280 
171 Stavanger Rokeri AS 8282 
172 Stjemelaks AS 8281 
173 Stokfish Norway AS 8284 
174 Stolt Sea Farm AS 8285 
175 Storm Company AS 8286 
176 Superior AS 8287 
1*77 Svenodak AS 8288 
178 Terra Seafood AS 8289 
179 Thorleif E. Ellingsen AS 8293 
180 Timar Seafood AS 8294 
ill Torget International AS 8297 
182 Torris Products Ltd. AS 8298 
183 Troll Salmon AS 8317 
As 
UT No Company Name Taric 
additional 
Code 
186 Vest Agentur AS 8l20 
187 Vie de France Norway AS sUl 
188 Vikehco AS 8322 
189 Wannebo International AS 8323 
190 West Fish Norwegian Salmon AS 8324 
191 Nor-Fa Food AS 8102 
A G 


ISSN 0254-1475 
COM(98) 192 final 
DOCUMENTS 
EN 02 11 03 10 
Catalogue number : CB-CO-98-202-EN-C 
ISBN 92-78-32599-6 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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