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
Date: 1998-09-14
Institutions: European Commission
Subjects: Norway, anti-dumping duty, anti-subsidy proceeding, fish, import

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 

Ï9  A/S Nortraders Ltd 

45 

Fader Martin AS 

55  Gigante Fiskekroken AS 

59  Gunnar Klo AS 

71 

Inter Road AS 

95  Melands Rokeri Eftf. AS 

106  Niscan Corporation AS 

ÎÔ9  Nor-Trade International 

Ï25  Norway Seafarms AS 

136  Oster Sea Products AS 

138 

Pero Food AS 

Ï86  VestAgenturAS 

code 

8ÎÏ7 

8142 

8152 

8301 

8173 

8199 

8212 

82Ï5 

83Ï3 

8241 

8243 

8320 

ANNEX II 

List of companies benefiting  from  undertakings 

UTNo 

Company Name 

Taric 

additional 

Code 

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 

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 

~"~~ 

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 

Company Name 

Taric 

additional 

Code 

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 

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 

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 

Company Name 

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 

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 

Company Name 

119 

120 

121 

122 

123 

124 

126 

128 

129 

130 

134 

137 

140 

141 

142 

143 

144 

145 

146 

147 

148 

149 

151 

153 

154 

155 

156 

157 

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 

n 

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 

Company Name 

Taric 

additional 

Code 

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 

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 

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 

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