Commission Regulation (EC) No 651/98 of 23 March 1998 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, amending Commission Regulation (EC) No 2529/97 imposing provisional anti- dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway with regard to certain exporters and amending Commission Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidies proceedings concerning imports of farmed Atlantic salmon originating in Norway
Date: 1998-03-23
Institutions: European Commission
Subjects: Norway, anti-dumping duty, anti-dumping legislation, fish farming, import, sea fish

24. 3. 98

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Official Journal of the European Communities

L 88/31

COMMISSION REGULATION (EC) No 651/98

of 23 March 1998

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, amending Commission Regulation (EC) No
2529/97 imposing provisional anti-dumping and countervailing duties on
imports of farmed Atlantic salmon originating in Norway with regard to certain
97/634/EC accepting
exporters
undertakings offered in connection with the anti-dumping and anti-subsidies
proceedings concerning imports of farmed Atlantic salmon originating in
Norway

amending Commission Decision

and

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Com-
munity (1), as amended by Regulation (EC) No 2331/96 (2),
and in particular Articles 7 and 8 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 Com-
munity (3), and in particular Article 13 thereof,

Having regard to Council Regulation (EC) No 1890/97 of
26 September 1997 imposing a definitive anti-dumping
duty on imports of farmed Atlantic salmon originating in
Norway (4), and in particular Article 2 thereof,

Having regard to Council Regulation (EC) No 1891/97 of
26 September 1997 imposing a definitive countervailing
duty on imports of farmed Atlantic salmon originating in
Norway (5), and in particular Article 2 thereof,

(2)

After consulting the Advisory Committee,

Whereas:

A. PROVISIONAL MEASURES

porters. These undertakings apply to all
invoiced by these exporters since 1 July 1997.

sales

these under-
to the acceptance of
Subsequent
takings, 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
the
undertaking for
product concerned,

each presentation of

— 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.

Consequently,
the Commission, by Commission
Regulation (EC) No 2529/97 (8), 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 originating in Norway
and exported by the companies listed in Annex I to
that Regulation.

(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 Communities (6),
the Commission had
accepted, on 26 September 1997, by Decision
97/634/EC (7),
the
Kingdom of Norway and by 190 Norwegian ex-

undertakings

offered

by

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 317, 6. 12. 1996, p. 1.
(3) OJ L 288, 21. 10. 1997, p. 1.
(4) OJ L 267, 30. 9. 1997, p. 1.
(5) OJ L 267, 30. 9. 1997, p. 19.
(6) OJ C 235, 31. 8. 1996, pp. 18 and 20.
(7) OJ L 267, 30. 9. 1997, p. 81.

B. SUBSEQUENT PROCEDURE

(3)

All Norwegian companies concerned by the provi-
sional duties received disclosure in writing con-
cerning the essential facts and considerations on
the basis of which these duties were imposed.

(4) Within the time limit set in the Provisional Duty
the Norwegian companies

Regulation, most of
concerned submitted comments in writing.

(8) OJ L 346, 17. 12. 1997, p. 63.

L 88/32

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Official Journal of the European Communities

24. 3. 98

(5)

(6)

(7)

(8)

(9)

Subsequent to the written submissions received, the
Commission sought and verified all information it
deemed necessary for the purpose of a definitive
determination on the apparent violations, and
carried out verification visits at the premises of the
following companies in Norway:

— Fresh Marine Company AS (Taric additional

code 8149), and

— Seanor AS (Taric additional code 8272).

(10)

Parties were informed of the essential facts and
considerations on the basis of which it was
intended to repeal
the provisional anti-dumping
and countervailing duties and reinstate their under-
takings. No further comments were received.

(11) None of

the other companies which failed to
respect their reporting obligations submitted any
valid evidence of force majeure as allowed by the
undertaking.

C. DEFINITIVE FINDINGS

the provisional

During the subsequent procedure, four companies
could provide satisfactory evidence demonstrating
findings resulted inter alia
that
from erroneous or unclear reporting on the part of
the companies concerned.
the actual
average sales prices of
these companies for the
respective presentations of the product concerned
were such that they did not violate the minimum
price as stipulated in the undertaking.

In fact,

as

circumstances

In the absence of specific provisions in this regard
in the basis anti-dumping and anti-subsidies regu-
lations, and in accordance with the case-law of the
Court of Justice, the justification invoked by each
force
company
majeure can only be recognised as such where the
failure was the inevitable result of an extraneous
cause which could not reasonably have been fore-
seen or pre-empted and made it objectively impos-
sible for the company concerned to comply with its
obligations.

constituting

One of the companies which apparently had failed
to send its undertaking report within the time limit
set could finally provide evidence that despite the
adverse prima facie evidence initially available, it
had in fact delivered its report in time to the local
post office.

For the aforementioned five exporters therefore, the
breach of
their undertakings provisionally es-
tablished cannot be definitively confirmed. Con-
following the exporters’ confirmation
sequently,
that they intend to continue to adhere to their
the status quo ante
undertakings,
should be
re-established as regards these companies’ under-
takings.

In this regard, all circumstances invoked by the
parties concerned, e.g. the holidays of a responsible
person, misunderstanding about the scope of the
loss of time management software,
undertakings,
filing of correspondence, cannot be
erroneous
constituting force
considered as
majeure.

circumstances

(12) On the basis of the foregoing it is concluded that
two Norwegian exporters have breached their ob-
ligation to respect the minimum price. In addition,
22 other Norwegian exporters have breached the
reporting requirements of their undertakings.

Therefore, for the following five companies, the
provisional measures
the
amounts secured by way of provisional duty are to
be released, and their undertakings reinstated.

are to be repealed,

(13)

UT No

Company name

47

52

76

Fjord Aqua Group A/S

Fresh Marine Company A/S

Joh. H. Pettersen A/S

120

Norsk Sjømat A/S

161

Seanor A/S

(14)

Parties were informed of the essential facts and
considerations on the basis of which it was
the
intended to confirm the withdrawal of
Commission’s acceptance of their undertaking and
to recommend the imposition of definitive anti-
dumping and countervailing duties and the defin-
itive 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.

D. NEWCOMERS

Following
anti-
dumping and countervailing duties, several com-

imposition of definitive

the

24. 3. 98

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Official Journal of the European Communities

L 88/33

panies made themselves known to the Commission
claiming to be new exporters, and offered under-
takings.

(15)

In this regard, one such company, Nor-Fa Food AS
could demonstrate that if had not exported to the
Community during the investigation period rele-
vant for the investigations which led to the current
anti-dumping and countervailing measures. This
company could show that it was not related to any
of the exporters or producers in Norway which are
to the anti-dumping and countervailing
subject
it
measures on farmed Atlantic salmon. Finally,
demonstrated that it had entered into irrevocable
contractual obligation to export
significant
quantity of farmed Atlantic salmon to the Com-
munity.

a

The undertaking offered is identical in its terms to
those previously accepted from other Norwegian
is
exporters of
considered that the acceptance of an undertaking
in these terms from this exporter will be sufficient
to remove the injurious effects of dumping.

farmed Atlantic salmon, and it

and for which the breach of the undertaking has
been confirmed by the definitive findings made.

In addition,
informed the
certain companies
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 under-
taking.

The Annex to Decision 97/634/EC accepting
undertakings in the context of the present anti-
dumping and anti-subsidies proceedings should be
amended to take account of the acceptance of the
undertaking by the newcomer Nor-Fa Food AS, the
change of name of Skaarfish Group AS, the correc-
tion of the name indicated for West Fish Sales Ltd
and the reinstatement of the undertakings given by
the companies in respect of which the provisional
duty is being repealed. In the interests of clarity,
the full Annex, as revised,
is annexed hereto at
Annex II,

Since the exporter has agreed to provide the
Commission with regular and detailed information
on its exports to the Community, it is concluded
that the correct observance ot the undertaking can
be effectively monitored by the Commission.

HAS ADOPTED THIS REGULATION:

Article 1

(16)

The undertaking offered by this company is there-
fore considered acceptable. The company was
informed of the essential facts and considerations
on which the acceptance of the undertaking be
based. The Advisory Committee was consulted and
no objections were raised as to the acceptance of
to
the untertaking offered. Therefore, pursuant
Article 2 of Regulation (EC) No 1890/97 and
Article 2 of Regulation (EC) No 1891/97,
the
Annexes
should be
to these two Regulations
amended to extend the exemption from the
payment of the anti-dumping and countervailing
duties to this new exporter.

E. AMENDMENT OF THE ANNEX TO DE-
CISION 97/634/EC

(17)

The Commission is in parallel to this Regulation
submitting a proposal
for a Council regulation
imposing definitive anti-dumping and counter-
vailing duties on farmed Atlantic salmon origin-
ating in Norway and exported by the other 24
companies which are subject
to the provisional
duty imposed by the Provisional Duty Regulation

The Annex to Regulation (EC) No 2529/97 is

1.
hereby replaced by Annex I hereto.

The amounts secured by way of

2.
the provisional
anti-dumping and countervailing duties imposed by that
Regulation in relation to farmed (other than wild) Atlantic
salmon falling within CN codes ex 0302 12 00 (Taric
code
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 following companies shall
be released.

0302 12 00*19),

0304 10 13

(Taric

ex

UT No

Company name

47

52

76

Fjord Aqua Group A/S

Fresh Marine Company A/S

Joh. H. Pettersen A/S

120

Norsk Sjømat A/S

161

Seanor A/S

Taric
additional
code

8144

8149

8178

8233

8272

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Official Journal of the European Communities

24. 3. 98

Article 2

The Annex to Decision 97/634/EC is hereby replaced by
Annex II hereto.

UT No

Company name

191

Nor-Fa Food AS

Taric
code

8102

Article 3

Article 4

The following company shall be added to the Annex to
Regulation (EC) No 1890/97 and the Annex to Regula-
tion (EC) No 1891/97:

This Regulation shall enter into force on the day fol-
lowing 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, 23 March 1998.

For the Commission

Leon BRITTAN

Vice-President

24. 3. 98

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L 88/35

ANNEX I

No

Company name

Taric
additional
code

6

9

10

18

34

38

56

57

63

73

74

78

91

94

102

103

110

127

132

135

139

170

184

185

Altafjord Oppdrett A/S

Aqua Supply A/S

Aquatrade AS

A/S Møre Codfish Company

Compania do Bacalhau Lda A/S

DNHS Fishing Company A/S

Gje-vi A/S

Gjendemsjø Fisk A/S

Heroy Lakseoppdrett AL

J. Meinert A/S

Jan og Einar Martinussen A/S

Karl Storm Andersen Eft A/S

Marinco A/S

Master Seafood

Nature Sea-lect Ltd

Neptun Stavanger A/S

Nordhav A/S

Norwegian Salmon A/S

Ocean Superior Products A/S

Omega Sea A/S

Polar Gigante A/S

Starfish

Uniprawns A/S

Vareberg’s Røykeri

8099

8107

8108

8116

8132

8399

8153

8299

8305

8175

8176

8180

8191

8198

8208

8209

8216

8315

8237

8240

8246

8281

8318

8319

L 88/36

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24. 3. 98

ANNEX II

UT No

Company name

Taric
additional
code

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

31

32

33

35

36

37

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

Artic 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

Christiansen Partner A/S

Clipper Seafood A/A

Coast Seafood A/S

Dafjord Laks A/S

Delfa Norge A/S

DM Direkte Markedsforingsbyra

8095

8096

8325

8097

8098

8100

8101

8109

8110

8111

8112

8113

8114

8115

8117

8118

8119

8120

8121

8122

8123

8124

8125

8126

8127

8128

8129

8130

8131

8133

8134

8135

24. 3. 98

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L 88/37

UT No

Company name

Taric
additional
code

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

58

59

60

61

62

64

65

66

67

68

69

70

71

72

75

76

77

79

80

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

Fonn Egersund AS

Fossen AS

Fresh Atlantic AS

Fresh Marine Company AS

Fryseriet AS

Frøya Fiskeindustri AS

Gigante Fiskekroken AS

Grieg Seafood AS

Gunnar Klo AS

Haafa fisk AS

Hallvard Lerøy AS

Herøy Filetfabrikk AS

Hirsholm Norge AS

Hitramat & Delikatesse AS

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

8136

8137

8138

8139

8140

8141

8142

8143

8144

8145

8146

8147

8148

8149

8150

8151

8152

8300

8301

8302

8303

8304

8306

8154

8159

8428

8165

8171

8172

8173

8174

8177

8178

8179

8181

8182

L 88/38

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24. 3. 98

UT No

Company name

Taric
additional
code

81

82

83

84

85

86

87

88

89

90

92

93

95

96

97

98

99

100

101

104

105

106

107

108

109

111

112

113

114

115

116

117

118

119

120

121

122

123

Kurt F. Løseth & 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

Melands Røkeri Eftf. AS

Memo Food AS

Midtco AS

Midsundfisk AS

Myre Sjømat AS

Naco Trading AS

Namdal Salmon AS

Nerg(cid:134)rd AS

Nils Williksen AS

Niscan Corporation AS

Nisja Trading AS

Nor-Food AS

Nor-Trade International

Nordic Group ASA

Nordreisa Laks AS

Norexport AS

Norfi Produkter AS

Norfood Group AS

Norfra Eksport AS

NorMan Trading Ltd AS

Nornir Group AS

Norsk Akvakultur AS

Norsk Sjømat AS

Northern Seafood AS

Nortrade AS

Norway Royal Salmon Sales AS

8183

8184

8185

8186

8187

8423

8188

8189

8190

8326

8196

8197

8199

8200

8201

8202

8203

8206

8207

8210

8211

8212

8213

8214

8215

8217

8218

8223

8227

8228

8229

8230

8231

8232

8233

8307

8308

8309

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L 88/39

UT No

Company name

Taric
additional
code

124

125

126

128

129

130

131

133

134

136

137

138

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

Norway Royal Salmon AS

Norway Seafarms AS

Norway Seafoods ASA

Norwell AS

Notfisk Arctic AS

Nova Sea AS

NTC Norwegian Taste Company AS

Oddvin Bjørge AS

Ok-Fish Kvalheim AS

Oster Sea Products AS

Pan Fish Sales AS

Pero Food AS

Polar Seafood Norway AS

Prilam Norv(cid:138)ge AS

Pundslett Fisk

Roger AS

Rolf Olsen Seafood AS

Ryfisk AS

Rørvik Fisk- og fiskematforretning AS

Saga Lax Norge AS

Saga Lax Nord A/S

Salomega AS

Sandanger AS

Sangoltgruppa AS

Scan-Mar AS

Scanfood AS

Sea Eagle Group AS

Sea Star International AS

Sea-Bell AS

Seaco AS

Seacom AS

Seacom Nord AS

Seafood Farmers of Norway Ltd AS

Seanor AS

Sekkingstad AS

Sigerfjord-Fisk AS

Sirena Norway AS

Kinn Salmon AS

8312

8313

8314

8316

8234

8235

8236

8238

8239

8241

8242

8243

8247

8248

8251

8253

8254

8256

8257

8258

8259

8260

8261

8262

8263

8264

8265

8266

8267

8268

8269

8270

8271

8272

8273

8274

8275

8276

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24. 3. 98

UT No

Company name

Taric
additional
code

166

167

168

169

171

172

173

174

175

176

177

178

179

180

181

182

183

186

187

188

189

190

191

Skarpsno Mat

SL Fjordgruppen AS

SMP Marine Produkter AS

Sotra Fiskeindustri AS

Stavanger Røkeri AS

Stjernelaks AS

Stokfish Norway AS

Stolt Sea Farm AS

Storm Company AS

Superior AS

Svenodak AS

Terra Seafood AS

Thorleif E. Ellingsen AS

Timar Seafood AS

Toget International AS

Torris Products Ltd AS

Troll Salmon AS

Vest Agentur AS

Vie de France Norway AS

Vikenco AS

Wannebo International AS

West Fish Norwegian Salmon AS

Nor-Fa Food AS

8277

8278

8279

8280

8282

8283

8284

8285

8286

8287

8288

8289

8293

8294

8297

8298

8317

8320

8321

8322

8323

8324

8102