Council Regulation (EC) No 297/1999 of 8 February 1999 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: 1999-02-08
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

11. 2. 1999

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 297/1999

of 8 February 1999

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,

(3)

Having regard to the Treaty establishing the European
Community,

For the first quarter of 1998, eight Norwegian
companies either did not 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.

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:

A. PROVISIONAL MEASURES

(1) Within the framework of the anti-dumping and
anti-subsidy investigations initiated by two separate
notices published in the Official Journal of the
the Commission
European
accepted, by Decision 97/634/EC (4), undertakings
offered by the Kingdom of Norway and by 190
Norwegian exporters.

Communities (3),

(2)

The text of the undertakings provides that failure to
submit a quarterly report of all sales transactions to
the first unrelated customer in the Community
within a prescribed time limit except in case of
force majeure, would be construed as a violation of
the undertaking.

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

(2) OJ L 288, 21. 10. 1997, p. 1.
(3) OJ C 235, 31. 8. 1996, p. 18 and OJ C 235, 31. 8. 1996, p.

20.

(4)

(5)

In addition, the text of the undertakings specif-
ically provides that failure to comply with the ob-
ligation to sell
the product concerned on the
Community market at or above the minimum
price provided for in the undertaking would be
construed as a violation of the undertaking.

In this regard, for the fourth quarter of 1997, one
Norwegian exporter appeared to have sold the
product concerned to the Community market at a
price which was below the price provided for in the
undertaking. In addition, one of the Norwegian
exporters which failed to submit its quarterly report
for the first quarter of 1998 within the due time
limit also appeared to have sold the product
concerned to the Community market at a price
which was below the price provided for in the
undertaking.

(6)

The Commission therefore had reason to believe
that these nine companies had breached the terms
of their undertakings.

(7) Consequently, the Commission, by Regulation (EC)
No 2249/98 (5), 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 eight (initially nine) companies listed in the
Annex to that Regulation. By the same Regulation,

(4) OJ L 267, 30. 9. 1997, p. 81. Decision as last amended by
Regulation (EC) No 131/1999 (OJ L 17, 22. 1. 1999, p. 12).

(5) OJ L 282, 20. 10. 1998, p. 57. Regulation as amended by
Regulation (EC) No 131/1999 (OJ L 17, 22. 1. 1999, p. 12).

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Official Journal of the European Communities

11. 2. 1999

the Commission deleted the companies concerned
from the Annex to Decision 97/634/EC, which
listed the companies from which undertakings
were accepted.

B. SUBSEQUENT PROCEDURE

(8) All nine 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. They were also given an opportunity to
submit comments and request a hearing.

submitted

comments

(9) Within the time limit set in Regulation (EC) No
2249/98, only two of the Norwegian companies
concerned
in writing.
Following receipt of these written submissions, the
Commission sought and examined all information
it deemed necessary for the purpose of a definitive
determination on the apparent violations. The
Commissions’s findings are set out in Regulation
(EC) No 131/1999 (1).

(10)

The parties concerned were informed of the essen-
tial 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 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.

(11) None of the comments submitted have changed
the conclusion that definitive anti-dumping and
countervailing duties
imposed on
imports of farmed Atlantic salmon originating in
Norway and exported by the eight companies listed
in Annex I to this Regulation.

should be

C. WITHDRAWAL OF UNDERTAKINGS

(12)

In monitoring the undertakings submitted by the
it became apparent to the
Norwegian exporters,
Commission that a number of exporters had no
sales to the Community for consecutive reporting
quarters. Upon verification, some of these com-
panies also declared that they had not exported
during the reference period of the original investi-
gations having led to the present anti-dumping and

(1) OJ L 17, 22. 1. 1999, p. 12.

(13)

(14)

(15)

(16)

(17)

they have no
countervailing measures, and that
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 expor-
ters within the meaning of Regulation (EC) No
384/96 and Regulation (EC) No 2026/97. 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 again, when the relevant conditions are met,
an undertaking as a new exporter in accordance
with Article 2 of Regulation (EC) No 1890/97 (2)
and with Article 2 of Regulation (EC) No 1891/
97 (3). Any application by these parties under those
Articles would be treated expeditiously. With
regard to twenty one companies which conse-
quently withdrew their undertakings, the Council,
by Regulation (EC) No 2039/98 (4), imposed defin-
itive anti-dumping and countervailing duties on
these companies and the Commission, accordingly,
by Decision 98/540/EC (5), amended Decision 97/
634/EC.

three more
to these amendments,
Subsequent
companies, namely Hirsholm Norge AS, Lorentz
A. Lossius AS and Roger AS withdrew their under-
takings
In addition, having been
informed of an apparent reporting violation by the
Commission, another company, Fonn Egersund
AS, also withdrew its undertaking.

voluntarily.

Following the withdrawal of their undertakings, the
companies concerned are not entitled to continue
from an exemption from the anti-
to benefit
dumping and countervailing duties
and their
names
should therefore be removed from the
Annexes to Regulations (EC) No 1890/97 and (EC)
No 1891/97.

D. DEFINITIVE MEASURES

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.

the rate of

In accordance with Article 8(9) of Regulation (EC)
the anti-dumping duty
No 384/96,
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, the rate of the definitive
anti-dumping duty should be set at EUR 0,32 per
kilo net product weight.

(2) OJ L 267, 30. 9. 1997, p. 1. Regulation as last amended by
Regulation (EC) No 2678/98 (OJ L 337, 12. 12. 1998, p. 1).
(3) OJ L 267, 30. 9. 1997, p. 19. Regulation as last amended by

Regulation (EC) No 2678/98.
(4) OJ L 263, 26. 9. 1998, p. 3.
(5) OJ L 252, 12. 9. 1998, p. 68.

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(18)

(19)

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, the
rate of the definitive countervailing duty should be
set at the level of 3,8 %.

Therefore, in accordance with Article 8(9) of Regu-
lation (EC) No 384/96 and Article 13(9) of Regula-
tion (EC) No 2026/97, the rate of the definitive
duties for the eight Norwegian companies having
violated their undertakings, and for
the four
companies having withdrawn their undertakings
should be fixed at the level of the duties established
in those two Regulations.

Hirsholm Norge AS, Lorentz A. Lossius AS, and
Roger AS, which withdrew their undertakings.

(22) Concerning the companies which withdrew their
undertakings, it is noted that the Commission by
its Regulation (EC) No 131/1999 has accordingly
amended the Annex to Decision 97/634/EC
accepting undertakings from the parties therein,

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

E. DFINITIVE COLLECTION OF PROVISIONAL

DUTIES

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

(20) A breach of undertaking has been established in
relation to eight exporters which have violated their
undertakings. Therefore, it is considered necessary
that in relation to these exporters the amounts
secured by way of provisional anti-dumping and
countervailing duties be definitively collected at the
level of the definitive duties.

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

(21)

The Annexes to Regulations (EC) No 1890/97 and
(EC) No 1891/97, exempting the parties listed
therein from the duty, as last amended by Regula-
tion (EC) No 2678/98, should be amended so as to
remove the exemption from the companies listed
in Annex I hereto and from Fonn Egersund AS,

Article 3

The amounts secured by way of the provisional anti-
dumping and countervailing duties imposed by Commis-
sion Regulation (EC) No 2249/98 in relation to imports of
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 Annex I to this Regulation
shall be definitively collected.

Article 4

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 Brussels, 8 February 1999.

For the Council

The President

O. LAFONTAINE

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Official Journal of the European Communities

11. 2. 1999

ANNEX I

List of companies subject to definitive anti-dumping and countervailing duties

UT No

Company name

TARIC
additional code

84

86

90

117

129

149

166

177

Langfjord Laks AS

Leonhard Products AS

Marex AS

NorMan Trading AS

Notfisk Arctic AS

Salomega AS

Skarpsno Mat

Svenodak AS

8116

8423

8326

8230

8234

8260

8277

8288

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ANNEX II

List of the 119 companies exempted from the definitive anti-dumping and countervailing
duties imposed by Regulations (EC) No 1890/97 and (EC) No 1891/97, as from the date of
entry into force of Regulation (EC) No 297/1999

Undertaking
No

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

39

41

42

43

44

46

47

48

50

51

52

53

58

A. Ovreskotnes AS

Agnefest Seafood

Alsvag Fiskeprodukter A/S

Aqua Export A/S

Aqua Partner A/S

Arctic Group International

Artic Superior A/S

Arne Mathiesen A/S

A/S Aalesundfisk

A/S Austevoll Fiskeindustri

A/S Keco

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

Brødrene Aasjord A/S

Brødrene Eilertsen A/S

Brødrene Remo A/S

Christiansen Partner A/S

Clipper Seafood A/A

Coast Seafood A/S

Dafjord Laks A/S

Delfa Norge A/S

Domstein Salmon A/S

Ecco Fisk & Delikatesse

Edvard Johnsen A/S

Eurolaks AS

Euronor AS

Fiskeforsyningen AS

Fjord Aqua Group AS

Fjord Trading Ltd. AS

Fossen AS

Fresh Atlantic AS

Fresh Marine Company AS

Fryseriet AS

Grieg Seafood AS

8095

8325

8098

8100

8101

8109

8111

8112

8113

8114

8115

8118

8119

8120

8121

8122

8124

8125

8126

8128

8129

8130

8131

8133

8134

8136

8138

8139

8140

8141

8143

8144

8145

8147

8148

8149

8150

8300

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Official Journal of the European Communities

11. 2. 1999

Undertaking
No

Company name

TARIC
additional
code

60

61

62

65

66

67

72

75

76

77

79

80

82

83

85

87

92

93

96

98

99

100

101

104

105

107

108

111

112

113

114

115

116

119

120

121

122

123

124

126

128

130

134

Haafa fisk AS

Hallvard Lerøy AS

Herøy Filetfabrikk AS

Hitramat & Delikatesse AS

Hydro Seafood Sales AS

Hydrotech-gruppen 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

Leica Fiskeprodukter

Lofoten Seafood Export AS

Marine Seafood AS

Marstein Seafood AS

Memo Food AS

Midsundfisk AS

Myre Sjømat AS

Naco Trading AS

Namdal Salmon AS

Nerg(cid:134)rd 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

Norsk Akvakultur AS

Norsk Sjømat AS

Northern Seafood AS

Nortrade AS

Norway Royal Salmon Sales AS

Norway Royal Salmon AS

Norway Seafoods ASA

Norwell AS

Nova Sea AS

Ok-Fish Kvalheim AS

8302

8303

8304

8154

8159

8428

8174

8177

8178

8179

8181

8182

8184

8185

8187

8188

8196

8197

8200

8202

8203

8206

8207

8210

8211

8213

8214

8217

8218

8223

8227

8228

8229

8232

8233

8307

8308

8309

8312

8314

8316

8235

8239

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Undertaking
No

Company name

TARIC
additional
code

137

140

141

142

144

145

146

147

148

151

153

154

155

156

157

158

159

160

161

162

164

165

167

168

171

172

174

175

176

178

180

182

183

187

188

189

190

191

Pan Fish Sales AS

Polar Seafood Norway AS

Prilam Norv(cid:138)ge AS

Pundslett Fisk

Rolf Olsen Seafood AS

Ryfisk AS

Rørvik Fisk- og fiskematforretning AS

Saga Lax Norge AS

Saga Lax Nord A/S

Sangoltgruppa 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

Sirena Norway AS

Kinn Salmon AS

SL Fjordgruppen AS

SMP Marine Produkter AS

Stavanger Røkeri AS

Stjernelaks AS

Stolt Sea Farm AS

Storm Company AS

Superior 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

8242

8247

8248

8251

8254

8256

8257

8258

8259

8262

8264

8265

8266

8267

8268

8269

8270

8271

8272

8273

8275

8276

8278

8279

8282

8283

8285

8286

8287

8289

8294

8298

8317

8321

8322

8323

8324

8102