EN Official Journal of the European Union CE 33/63

(2004/C 33 E/059)

WRITTEN QUESTION E-0655/03

by Bill Miller (PSE) to the Commission

(5 March 2003)

Subject: EU/Norway Anti-Dumping Agreement

If the Commission backs the decision by the Anti-Dumping Committee to abandon the EU/Norway Agreement, will the Commission be prepared to monitor the situation immediately, especially with regard to independent salmon farmers?

Would the Commission accept that if there is a marked deterioration in the livelihood of the independent salmon farmers, then reimposing a ban on the dumping of salmon would have to be considered not just on Norway, but also Chile and the Faroe Islands?

Answer given by Mr Lamy on behalf of the Commission

(31 March 2003)

On 20 December 2002, the Commission made disclosure to the parties concerned of the essential facts and considerations on the basis of which it was proposed to terminate the review of the anti-dumping and countervailing measures applicable to imports of farmed Atlantic salmon originating in Norway and the anti-dumping proceeding concerning imports of the same product originating in Chile and the Faeroe Islands without the application of trade defence measures.

In accordance with the relevant Community legislation, the parties concerned were given the opportunity to make written submissions to the Commission on the substance of the proposal. The Commission also sought the opinion of Member States' delegates to the Anti-dumping and Anti-subsidy Advisory Committee regarding the proposal as it is required to do by the same Community legislation. The opinions expressed by Member States' delegates to the Committee and discussions taking place in that body are confidential.

However, it should be made clear that the proposal as presented to the Committee concerned the termination of the existing measures applicable to imports of farmed Atlantic salmon from Norway and not the so-called ‘Union/Norway Salmon Agreement.’ This agreement, which was signed in 1997 between the Commission and the Norwegian Government and which came to an end on 28 February 2003, provided amongst other things a forum for an exchange of views between the signatories on the state of the market for salmon in the Community. The measures in place at the present time on the other hand, including the system of price undertakings, do not depend upon the agreement. Consequently, the trade defence measures applicable to Norwegian imports of farmed Atlantic salmon remain in place and will continue to do so until a definitive decision is taken.

The issue of a system to monitor developments in the salmon market, should the application of the measures on Norwegian imports not be extended, has been raised by a number of parties. The Commission is currently considering the practicalities of such a system both in terms of its scope and of its legal implications.

The Commission remains ready to investigate all cases where there is positive evidence of unfair trade practices by third country exporters and to take action to redress injury suffered by Community producers where this is justified. Therefore, if it is ultimately decided to repeal the existing measures applicable to imports of farmed Atlantic salmon from Norway and not to impose measures on imports from Chile and the Faeroe Islands, the independent salmon farmers to which the Honourable Member refers, will have the possibility to present a substantiated complaint to the Commission in respect of some or all of these imports, which shows, inter alia, that the circumstances on which the termination was based have changed and that there is prima facie evidence of injurious dumping.