Council Regulation (EC) No 2039/98 of 24 September 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
Date: 1998-09-24
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

26. 9. 98

EN

Official Journal of the European Communities

L 263/3

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2039/98

of 24 September 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

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
the European
Community (1), and in particular Articles 8(9) and 9
thereof,

not members

of

Having regard to Council Regulation (EC) No 2026/97 of
6 October 1997 on protection against subsidised imports
from countries
the European
Community (2), and in particular Articles 13(9) and 15
thereof,

not members

of

Having regard to the proposal submitted by the Commis-
sion after consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PROCEDURE

On 31 August 1996, the Commission announced,
by two separate notices published in the Official
Journal of the European Communities, the initia-
tion of an anti-dumping proceeding (3) as well as an
anti-subsidy proceeding (4) in respect of imports of
farmed Atlantic salmon originating in Norway.

The Commission sought and verified all informa-
tion that it deemed necessary for the purpose of its
definitive findings. As a result of this examination,
it was established that definitive anti-dumping and
countervailing measures should be adopted in order
to eliminate the injurious effects of dumping and
subsidisation. All interested parties were informed
of the results of the investigation and were given
the opportunity to comment thereon.

(3)

(4)

(5)

(6)

(7)

On 26 September 1997, the Commission adopted
Decision 97/634/EC (5),
accepting undertakings
offered in connection with the two abovemen-
tioned proceedings by the exporters mentioned in
the Annex to that Decision and terminated the
investigations in their respect.

On the same day, the Council, by Regulation (EC)
No 1890/97 (6), imposed an anti-dumping duty of
ECU 0,32 per kilo on imports of farmed Atlantic
salmon originating in Norway. Imports of farmed
Atlantic salmon exported by companies
from
which an undertaking had been accepted were
exempted from that duty pursuant to Article 1(2) of
the Regulation.

On the same day, the Council, by Regulation (EC)
No 1891/97 (7), also imposed a countervailing duty
of 3,8 % on imports of farmed Atlantic salmon
originating in Norway. Imports of farmed Atlantic
salmon exported by companies from which an
undertaking had been accepted were exempted
from that duty pursuant
that
Regulation.

to Article 1(2) of

The abovementioned Regulations set out the defin-
itive findings and conclusions on all aspects of the
investigations.

B. WITHDRAWAL OF UNDERTAKINGS

In monitoring the undertakings submitted by the
Norwegian exporters,
the Commission gradually
found that a number of exporters had no sales to
consecutive
the
reporting quarters. Upon verification, some of these

European Community

for

(1) OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by
Regulation (EC) No 905/98 (OJ No 128, 30. 4. 1998, p. 18).

(2) OJ L 288, 21. 10. 1997, p. 1.
(3) OJ C 253, 31. 8. 1996, p. 18.
(4) OJ C 253, 31. 8. 1996, p. 20.

(5) OJ L 267, 30. 9. 1997, p. 81. Decision as last amended by
Regulation (EC) No 1126/98 (OJ L 157, 30. 5. 1998, p. 82).
(6) OJ L 267, 30. 9. 1997, p. 1. Regulation as last amended by
Regulation (EC) No 772/98 (OJ L 111, 9. 4. 1998, p. 10).
(7) OJ L 267, 30. 9. 1997, p. 19. Regulation as last amended by
Regulation (EC) No 772/98 (OJ L 111, 9. 4. 1998, p. 10).

L 263/4

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Official Journal of the European Communities

26. 9. 98

(8)

companies also declared that they had not exported
during the reference period of the original invest-
igations having led to the present anti-dumping
and countervailing measures, and that they have no
binding contractual obligations to do so in the near
future.

The Commission informed the parties concerned
of these findings and pointed out that, in view of
these facts, the companies did not qualify as ex-
porters within the meaning of Regulation (EC) No
384/96 (hereinafter the ‘basic anti-dumping Regu-
lation') and Regulation (EC) No 2026/97 (herein-
after the ‘basic anti-subsidies Regulation'). Further-
more, it was made known to these parties that to
maintain the undertakings in force under these
circumstances would be administratively cumber-
some for the Commission in terms of monitoring.
These parties were also informed that they could
offer, when the relevant conditions are met, again
an undertaking as new exporters in accordance
with Article 2 of Regulation (EC) No 1890/97 and
with Article 2 of Regulation (EC) No 1891/97. Any
application by these parties under those Articles
would be treated expeditiously. Consequently, the
following companies withdrew their undertakings
voluntarily:

Undertaking No

Company Name

002

004

012

025

029

037

040

054

069

081

097

118

131

133

150

152

163

169

173

179

181

A.B.A. AS

Alamar AS

Arctic Product AS

Atlantis AS

Brødrene Karlsen AS

DM Direkte Markedsføringsbyr(cid:134)

E. Slorer Jacobsen & Co. AS

Frøya Fiskeindustri AS

Imperial Salmon Co. AS

Kurt F. Løseth & Co. AS

Midtco AS

Nornir Group AS

NTC Norwegian Taste Company AS

Oddvin Bjørge AS

Sandanger AS

Scan-Mar AS

Sigerfjord-Fisk AS

Sotra Fiskeindustri AS

Stokfish Norway AS

Thorleif E. Ellingsen AS

Torget International AS

comment since they themselves withdrew their
undertakings.

C. DEFINITIVE MEASURES AND RATE OF

DUTY

Following the withdrawal of their undertakings, the
companies concerned are not entitled to continue
to benefit
from an exemption from the anti-
dumping and countervailing duties.

the rate of

In accordance with Article 8(9) of Regulation (EC)
No 384/96,
the anti-dumping duty
should be established on the basis of the findings
of the investigation which led to the undertakings.
In this regard, and in view of recital (107) of Regu-
lation (EC) No 1890/97, it is considered appro-
priate to set the rate of the definitive anti-dumping
duty at ECU 0,32 per kilo net product weight.

In accordance with Article 13(9) of Regulation (EC)
No 2026/97, the rate of the countervailing duty
should be established on the basis of the findings
of the investigation which led to the undertakings.
Under the present circumstances and in view of
recital (149) of Regulation (EC) No 1891/97, it is
considered appropriate that the rate of the defin-
itive countervailing duty be set at
the level of
3,8 %.

D. AMENDMENT OF THE ANNEXES TO REGU-
LATION (EC) No 1890/97 AND REGULATION
(EC) No 1891/97

The Annexes to Regulation (EC) No 1890/97 and
Regulation (EC) No 1891/97, exempting the parties
listed therein from the duties, should be amended
to remove that exemption for the companies listed
in Annex I hereto.

It is noted that the Commission has accordingly
amended the Annex to Decision 97/634/EC
accepting undertakings from the parties herein.

(10)

(11)

(12)

(13)

(14)

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1890/97 is hereby
replaced by Annex II to this Regulation.

Article 2

The Annex to Regulation (EC) No 1891/97 is hereby
replaced by Annex II to this Regulation.

(9)

In accordance with Article 8(9) of the basic anti-
dumping Regulation, and with Article 13(9) of the
basic anti-subsidies Regulation,
there was no
further need to give these parties an opportunity to

Article 3

This Regulation shall enter
into force on the day
following that of its publication in the Official Journal of
the European Communities.

26. 9. 98

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Official Journal of the European Communities

L 263/5

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 24 September 1998.

For the Council

The President

N. MICHALEK

L 263/6

EN

Official Journal of the European Communities

26. 9. 98

ANNEX I

Companies which withdrew their undertakings

Undertaking
No

Company Name

Taric
additional
Code

002
004
012
025
029
037
040
054
069
081
097
118
131
133
150
152
163
169
173
179
181

A.B.A. AS
Alamar AS
Arctic Product AS
Atlantis AS
Brødrene Karlsen AS
DM Direkte Markedsføringsbyr(cid:134)
E. Slorer Jacobsen & Co. AS
Frøya Fiskeindustri AS
Imperial Salmon Co. AS
Kurt F. Løseth & Co. AS
Midtco AS
Nornir Group AS
NTC Norwegian Taste Company AS
Oddvin Bjørge AS
Sandanger AS
Scan-Mar AS
Sigerfjord-Fisk AS
Sotra Fiskeindustri AS
Stokfish Norway AS
Thorleif E. Ellingsen AS
Torget International AS

8096
8097
8110
8123
8127
8135
8137
8151
8171
8183
8201
8231
8236
8238
8261
8263
8274
8280
8284
8293
8297

26. 9. 98

EN

Official Journal of the European Communities

L 263/7

ANNEX II

Companies benefiting from undertakings

Undertaking
No

Company name

Taric addi-
tional code

Undertaking
No

Company name

Taric addi-
tional code

001
003
005
007
008
011
013
014
015
016
017
019
020
021
022
023
024
026
027
028
030
031
032
033
035
036
039
041
042
043
044
045
046
047
048
049
050
051
052
053
055
058
059
060
061
062

A. Øvreskotnes AS
Agnefest Seafood
Alsv(cid:134)g Fiskeprodukter AS
Aqua Export AS
Aqua Partner AS
Arctic Group International AS
Arctic Superior AS
Arne Mathiesen AS
AS Aalesundfisk
AS Austevoll Fiskeindustri
AS Keco
AS Nortraders Ltd
AS Refsnes Fiskeindustri
AS West Fish Ltd
Astor AS
Atlantic King Stranda AS
Atlantic Seafood AS
Borkowski & Røsnes AS
Brødrene Aasjord AS
Brødrene Eilertsen AS
Brødrene Remø AS
Christiansen Partner AS
Clipper Seafood AS
Coast Seafood AS
D(cid:134)fjord Laks AS
Delfa Norge AS
Domstein Salmon AS
Ecco Fisk & Delikatesse
Edvard Johnsen AS
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
Gigante Fiskekroken AS
Grieg Seafood AS
Gunnar Klo AS
Haafa fisk AS
Hallvard Lerøy AS
Herøy Filetfabrikk AS

8095
8325
8098
8100
8101
8109
8111
8112
8113
8114
8115
8117
8118
8119
8120
8121
8122
8124
8125
8126
8128
8129
8130
8131
8133
8134
8136
8138
8139
8140
8141
8142
8143
8144
8145
8146
8147
8148
8149
8150
8152
8300
8301
8302
8303
8304

064
065
066
067
068
070
071
072
075
076
077
079
080
082
083
084
085
086
087
088
089
090
092
093
095
096
098
099
100
101
104
105
106
107
108
109
111
112
113
114
115
116
117
119
120
121

Hirsholm Norge AS
Hitramat & Delikatesse AS
Hydro Seafood Sales AS
Hydrotech-gruppen AS
Icelandic Freezing Plants N. 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
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
Midsundfisk AS
Myre Sjømat AS
Naco Trading AS
Namdal Salmon AS
Nerg(cid:134)rd AS
Nils Williksen AS
Niscan Corporation
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
Norsk Akvakultur AS
Norsk Sjømat AS
Northern Seafood AS

8306
8154
8159
8428
8165
8172
8173
8174
8177
8178
8179
8181
8182
8184
8185
8186
8187
8423
8188
8189
8190
8326
8196
8197
8199
8200
8202
8203
8206
8207
8210
8211
8212
8213
8214
8215
8217
8218
8223
8227
8228
8229
8230
8232
8233
8307

L 263/8

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Official Journal of the European Communities

26. 9. 98

Undertaking
No

Company name

Taric addi-
tional code

Undertaking
No

Company name

Taric addi-
tional code

122
123
124
125
126
128
129
130
134
136
137
138
140
141
142
143
144
145
146

147
148
149
151
153
154
155
156

Nortrade AS
Norway Royal Salmon Sales AS
Norway Royal Salmon AS
Norway Seafarms AS
Norway Seafoods ASA
Norwell AS
Notfisk Arctic AS
Nova Sea 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
Sagalax Nord AS
Salomega AS
Sangoltgruppa AS
Scanfood AS
Sea Eagle Group AS
Sea Star International AS
Sea-Bell AS

8308
8309
8312
8313
8314
8316
8234
8235
8239
8241
8242
8243
8247
8248
8251
8253
8254
8256
8257

8258
8259
8260
8262
8264
8265
8266
8267

157
158
159
160
161
162
164
165
166
167
168
171
172
174
175
176
177
178
180
182
183
186
187
188
189
190
191

Seaco AS
Seacom AS
Seacom Nord AS
Seafood Farmers of Norway Ltd AS
Seanor AS
Sekkingstad AS
Sirena Norway AS
Kinn Salmon AS
Skarpsno Mat
SL Fjordgruppen AS
SMP Marine Produkter AS
Stavanger Røkeri 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
Vest Agentur AS
Vie de France Norway AS
Vikenco AS
Wannebo International AS
West Fish Norwegian Salmon AS
Nor-Fa Food AS

8268
8269
8270
8271
8272
8273
8275
8276
8277
8278
8279
8282
8283
8285
8286
8287
8288
8289
8294
8298
8317
8320
8321
8322
8323
8324
8102