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
Date: 1998-03-23
Institutions: European Commission
Subjects: Norway, anti-dumping duty, fish farming, fresh fish, import

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repealed  the  provisional  duties  imposed  by  Regulation  (EC)  No  2529/97  and 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 

6 

Altafjord  Oppdrett A/S 

~"  9 

Aqua Supply A/S 

10  AquatradeAS 

18 

A/S More Codfish  Company 

34 

38 

56 

57 

63 

73 

74 

78 

Compania do Bacalhau Lda A/S 

DNHS Fishing Company A/S 

Gje-vi  A/S 

Gjendemsjo  Fisk A/S 

Heroy Lakseoppdrett  AL 

J. Meinert A/S 

: 

Jan og Einar Martinussen A/S 

Karl Storm Andersen Eft A/S 

91  Marinco A/S 

94  Master  Seafood 

102  Nature  Sea-lect Ltd 

103  Neptun  Stavanger A/S 

HO  Nordhav A/S 

127  Norwegian  Salmon A/S 

132  Ocean  Superior Products A/S 

135  Omega  Sea A/S 

139 

Polar Gigante A/S 

170 

Starfish 

184  Uniprawns A/S 

185  Varebers's Roykeri 

l 

Code 

8099 

8107 

8108 

8lT6 

8132 

8399 

8L53 

8299 

8305 

8T75 

8176 

8180 

§191 

8198 

8208 

8209 

82T6 

8315 

8237 

8240 

8246 

8281 

83ls 

8319 
; 

ANNEX  2 

UT No 

Company Name 

" 

1 

2 

3 

4 

5 

7 

8 

11 

12 

13 

14 

15 

16 

17 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

: 

A.Ovreskotnes AS 

A.B.A. A/S 

Agnefest  Seafood 

Alamar A/S 

Alsvag Fiskeprodukter A/S 

Aqua Export A/S 

Aqua Partner A/S 

Arctic  Group International 

Arctic Product A/S 

Artie Superior A/S 

Arne Mathisen A/S 

A/S Aalesundfisk 

A/S Austevoll Fiskeindustri 

A/S Keco 

A/S Nortraders Ltd 

' 

A/S Refsnes Fiskeindustri 

A/S West Fish Ltd 

'. 

Astor A/S 

Atlantic King Stranda A/S 

Atlantic  Seafood  A/S 

' 

Atlantis A/S 

Borkowski  & Rosnes A/S 

Brodrene Aasjord A/S 

Brodrene Eilertsen A/S 

Brodrene Karlsen A/S 

Brodrene Remo A/S 

, 

1 ° 

Taric 

additional 

Code 

8095 

8096 

8325 

8097 

8098 

8100 

8101 

8109 

8H0 

8m 

8112 

8lT3 

8114 

8H5 

8U7 

8TT8 

81T9 

8l20 

8121 

8122 

8123 

8124 

8125 

8L26 

8L27 

SLZS 

UT No 

Company Name 

Taric 

additional 

31 

Christiansen Partner A/S 

' 

32 

Clipper Seafood  A/A 

33 

35 

36 

Coast Seafood  A/S 

: 

Dafjord  Laks A/S 

DelfaNorgeA/S 

3 7 

DM Direkte Markedsforingsbyra 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

58 

59 

60 

61 

Domstein Salmon A/S 

E. Slorer Jacobsen & Co. A/S 

Ecco Fisk & Delikatesse 

Edvard Johnsen A/S 

Eurolaks AS 

Euronor AS 

Fader Martin 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 

Froya Fiskeindustri  AS 

Gigante Fiskekroken AS 

Grieg Seafood  AS 

Gunnar Klo AS 

Haafa  fisk AS 

Hallvard Leroy AS 

nn 

Code 

8129 

8 00 

8131 

8133 

8134 

8135 

8136 

8137 

8138 

8139 

8l40 

8141 

8142 

8143 

8144 

8145 

8146 

8147 

8148 

8149 

§150 

8151 

8152 

8300 

8301 

8302 

8303 

UT No 

Company Name 

Taric 

additional 

62 

64 

65 

66 

67 

68 

69 

70 

71 

72 

75 

76 

77 

79 

80 

81 

Her0y Filetfabrikk  AS 

Hirsholm Norge AS 

Hitramat & Delikatesse AS 

k 

Hydro  Seafood  Sales AS 

Hydrotech-gruppen  AS 

Icelandic Freezing Plants N. AS 

Imperial  Salmon Co. AS 

: 

Incofood  AS 

Inter Road AS 

Inter Sea AS 

Janas AS 

Joh. H. Pettersen AS 

Johan J. Helland AS 

Karsten J. Ellingsen AS 

Kr. Kleiven & Co. AS 

Kurt F. Loseth & Co AS 

~82 

Labeyrie Norge AS 

83 

84 

85 

86 

87 

88 

Lafjord  Group AS 

Langfjord  Laks AS 

Leica Fiskeprodukter 

Leonhard Products AS 

Lofoten  Seafood  Export AS 

Lorentz A. Lossius AS 

89  Ma-vo Norge AS 

90  Marex AS 

92  Marine Seafood  AS 

93  Marstein Seafood  AS 

*Z 

Code 

8304 

8306 

8154 

8L59 

8428 

8165 

8171 

8172 

8173 

§174 

8177 

8178 

8179 

8 l il 

8l82 

8183 

§184 

§185 

8186 

8187 

8423 

£188 

8189 

8190 

8326 

8196 

8197 

UT No 

Company Name 

Taric 

additional 

95  Melands Rokeri Eftf. AS 

96  Memo Food AS 

97  Midtco AS 

98  Midsundfisk AS 

99  Myre Sjomat AS 

100  Naco Trading AS 

101  Namdal  Salmon AS 

104  Nergard AS 

' 

105  NibWilliksenAS 

106  Niscan Corporation AS 

107  Nisja Trading AS 

108 

' Nor-Food AS 

109  Nor-Trade International 

Til 

Nordic Group ASA 

U2 

Nordreisa Laks AS 

U3  Norexport AS 

H4  Norfi  Produkter AS 

H5  Norfood  Group AS 

\\6 

Norfra  Eksport AS 

Fl7  NorMan Trading Ltd. AS 

US  Nornir Group AS 

H9  Norsk Akvakultur AS 

120  Norsk  Sjomat AS 

121  Northern  Seafood AS 

122  Nortrade AS 

123  Norway Royal Salmon  Sales AS 

Code 

§T99 

8200 

8201 

82(5 

8203 

8206 

8207 

8210 

82U 

8212 

8213 

8214 

82T5 

8217 

8218 

8223 

8227 

822*$ 

8229 

8230 

8231 

8232 

8233 

8307 

8308 

8309 

124  Norway  Royal Salmon AS 

~~ 

8312 

1  3 

UTNo 

Company Name 

Taric 

additional 

125  Norway Seafarms AS 

126  Norway  Seafoods ASA 

128  Norwell AS 

129  Notfisk Arctic AS 

130  Nova Sea AS 

i ll 

lH 

NTC Norwegian Taste Company AS 

Oddvin Bjorge AS 

134  Ok-Fish Kvalheim AS 

136  Oster Sea Products AS 

137 

Pan Fish Sales AS 

138 

Pero Food AS 

: 

140 

Polar Seafood Norway AS 

~' 

141 

Prilam Norvege AS 

142 

Pundslett Fisk 

143  Roger AS 

144  RolfOlsen  Seafood  AS 

145  Ryfisk AS 

146 

Rorvik Fisk-og fiskematforretning  AS 

" 

147 

Saga Lax Norge AS 

148 

Saga Lax Nord A/S 

149 

Salomega AS 

150 

Sandanger AS 

l Ji 

i ll 

Sangoltgruppa AS 

Scan-Mar AS 

153 

Scanfood  AS 

154 

Sea Eagle Group AS 

i ll 

Sea Star International AS 

A^i 

Code 

83L3 

8314 

8316 

8234 

8235 

823(5 

8238 

8215 

8241 

8242 

8243 

8247 

8248 

8251 

8253 

8254 

82H 

8257 

8258 

8259 

8260 

8261 

8262 

8263 

8264 

8265 

8266 

UT No 

Company Name 

156 

Sea-Bell AS 

i ll 

Seaco AS 

158 

Seacbm AS 

159 

SeacomNordAS 

160 

Seafood  Farmers of Norway Ltd AS 

161 

Seanor AS 

i ll 

Sekkingstad AS 

163 

Sigerfjord-Fisk  AS 

164 

Sirena Norway AS 

165  KINN SALMON AS 

166 

Skarpsno Mat 

167 

SL Fjordgruppen AS 

168 

SMP Marine Produkter AS 

i69 

Sotra Fiskeindustri AS 

171 

Stavanger Rokeri AS 

172 

Stjemelaks AS 

173 

Stokfish Norway AS 

174 

Stolt Sea Farm AS 

175 

Storm Company AS 

176 

Superior  AS 

1*77 

Svenodak  AS 

178 

Terra Seafood  AS 

179 

Thorleif E. Ellingsen AS 

180 

Timar Seafood  AS 

i ll 

Torget International AS 

182 

Torris Products Ltd. AS 

183 

Troll Salmon AS 

As 

Taric 

additional 

Code 

8267 

" 

82618 

8269 

8270 

8271 

8272 

8273 

8274 

8275 

8276 

8277 

8278 

8279 

8280 

8282 

8281 

8284 

8285 

8286 

8287 

8288 

8289 

8293 

8294 

8297 

8298 

8317 

UT No 

Company Name 

186  Vest Agentur AS 

187  Vie de France Norway AS 

188  Vikehco AS 

189  Wannebo International AS 

190  West Fish Norwegian Salmon AS 

191  Nor-Fa Food AS 

Taric 

additional 

Code 

8l20 

sUl 

8322 

8323 

8324 

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 

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