Council Regulation (EC) No 772/1999 of 30 March 1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway and repealing Regulations (EC) No 1890/97 and (EC) No 1891/97
Date: 1999-03-30
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

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Official Journal of the European Communities

L 101/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 772/1999

of 30 March 1999

imposing definitive anti-dumping and countervailing duties on imports of
farmed Atlantic salmon originating in Norway and repealing Regulations (EC)
No 1890/97 and (EC) No 1891/97

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 Article 11(3) 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
not members
Community (2), and in particular Article 19 thereof,

of

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

Whereas:

(2)

(3)

1. PREVIOUS PROCEDURE

(4)

(1)

By Regulations (EC) No 1890/97 (3)
(hereinafter
‘the anti-dumping Regulation') and 1891/97 (4)
(hereinafter ‘the countervailing Regulation'), defin-
itive anti-dumping and countervailing duties (here-
inafter ‘the duties') were imposed on imports of
farmed (other
than wild Atlantic salmon from
Norway (hereinafter ‘salmon'), with the exception
of imports of salmon exported by the companies

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regu-

lation (EC) No 905/98 (OJ L 128, 30.4.1998, p. 18).

(2) OJ L 288, 21.10.1997, p. 1.
(3) OJ L 267, 30.9.1997, p. 1. Regulation as last amended by
Regulation (EC) No 297/1999 (OJ L 37, 11.2.1999, p. 1).
(4) OJ L 267, 30.9.1997, p. 19. Regulation as last amended by

Regulation (EC) No 297/1999.

from which undertakings had been accepted by the
Commission. The rate of
the definitive anti-
dumping duty was set at EUR 0,32 (5) per kilo net
product weight, and the rate of
the definitive
countrvailing duty at the level of 3,8 % ad valorem
applicable to the net free-at-Community-frontier
price, before duties.

By Decision 97/634/EC (6),
the Commission
accepted an undertaking from the Kingdom of
Norway and price undertakings from 190 Norwe-
gian exporters.

Pursuant to Article 8(9) and (10) of Regulation (EC)
No 384/96 (hereinafter ‘the basic anti-dumping
Regulation') and Article 13(9) and (10) of Regula-
tion (EC) No 2026/97 (hereinafter ‘the basic coun-
tervailing Regulation'), provisional (7) and/or defin-
itive (8) anti-dumping and countervailing duties
have been imposed on imports of salmon exported
by a number of companies which have either
violated or withdrawn their undertakings. The duty
rates applied in all these cases are those mentioned
in recital 1 above.

2. REVIEW INVESTIGATION

In the course of the monitoring of the price under-
takings by the Commission, it became apparent
that the effectiveness of the different measures was
being undermined as, under certain circumstances,
certain exporters which were not subject to the
price undertakings were able to sell salmon on the
Community market at injurious prices, even after
payment of the duties. This situation increased the

(5) In accordance with Article 2(1) of Regulation (EC) No 1103/
97 (OJ L 162, 19.6.1997, p. 1), every reference in a legal
instrument to the ecu shall be replaced by a reference to the
euro at a rate of EUR 1 to ECU 1.

(6) OJ L 267, 30.9.1997, p. 81.
(7) Regulation (EC) No 82/1999 (OJ L 8, 14.1.1999, p. 8).
(8) Regulation (EC) No 772/98 (OJ L 111, 9.4.1998, p. 10).

Regulation (EC) No 2039/98 (OJ L 263, 26.9.1998, p. 3).
Regulation (EC) No 2052/98 (OJ L 264, 29.9.1998, p. 17).
Regulation (EC) No 2678/98 (OJ L 337, 12.12.1998, p. 1).
Regulation (EC) No 297/1999 (OJ L 37, 11.2.1999, p. 1).

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Official Journal of the European Communities

16. 4. 1999

risk that other exporters which were bound by
undertakings would almost be forced to lower their
prices to compete with these comparatively cheap
imports would therefore act in violation of their
undertakings. With more than 80 % of salmon
being exported by companies bound by undertak-
ings, this would therefore undermine the overall
effectiveness of the existing measures.

(9)

Therefore, the Commission announced, by notice
published in the Official Journal of the European
Communities (1),
the initiation of an ex officio
investigation pursuant to Article 11(3) of the basic
anti-dumping Regulation and Article 19(1) of the
basic countervailing Regulation in order to review
the possibility of a change in the form of the duties
so that imports of salmon at injurious prices would
be prevented.

(5)

(6)

(7)

(8)

of

the

country,

exporting

initiation,

The Commission advised the producers, exporters
and importers known to be concerned, the rep-
resentatives
the
producing and exporting industries in Norway, and
the complainant Community producers of
the
initiation of the review investigation. In the notice
of
the Commission already indicated
that, for low priced imports, the form of the duties
might be changed to a variable duty at the level
published in that notice. Interested parties were
given an opportunity to make their views known in
writing and to request a hearing within a set time
limit. Several parties made comments in writing
but no hearings were requested.

3. APPRAISAL OF THE CURRENT MARKET

SITUATION

should first be recalled that

the product
It
concerned by the proceeding is farmed Atlantic
salmon, whether or not filleted, fresh, chilled or
frozen, currently classified under CN codes ex
0302 12 00, ex 0304 10 13, ex 0303 22 00 and ex
0304 20 12, corresponding to fresh or chilled whole
fish, fresh or chilled fillets, frozen whole fish, and
frozen fillets, respectively.

In monitoring the undertakings, the Commission
found that during the second half of 1998, the
price level reported for exports of salmon gradually
deteriorated, on a weekly basis, to a level which was
below the non-injurious price level established
during the investigations which led to the anti-
dumping and countervailing measures. This devel-
opment is confirmed by the Norwegian export stat-
istics and by wholesale selling prices found in the
Community. The prices of salmon imports from
Norway were therefore lower than could have been

(1) OJ C 400, 22.12.1998, p. 4.

expected after the imposition of the original meas-
ures and under normal market conditions.

the undertakings and the
The monitoring of
present investigation have shown that the down-
ward price pressure towards an injurious level was
caused, to a large extent, by Norwegian exporters
not bound by price undertakings which started to
sell salmon at prices which, even after payment of
the duties, are below the non-injurious price level.
Indeed, as was established during the investigations
which led to the anti-dumping and countervailing
measures, salmon is traded as a commodity in a
relatively transparent and competitive market.

Under these market conditions, increasing sales of
salmon on the Community market at prices below
the non-injurious price levels set in the undertak-
ings would make it more and more difficult for
exporters bound by undertakings to continue to
respect their price obligations. Consequently, these
exporters find themselves under pressure to act in
breach of their undertakings by selling at an in-
jurious price level, or face a situation where their
market share is lost to other exporters which sell
outside the framework of the undertakings at an
injurious price level. The Community industry, the
Norwegian Government and the Norwegian produ-
cers and exporters associations all
shared this
assessment.

In addition, comments
received from certain
Norwegian exporters on the findings of the present
review investigation also corroborate this assess-
submissions
ment. All parties which made
following the initiation of the present investigation
confirmed that the measures had not led to the
them
intended price stabilisation, and most of
supported the need to review the form of
the
duties.

It is therefore concluded that, in their current form,
the duties are not having the intended effect,
notably as regards underpinning the undertakings,
which were initially accepted from all known
exporters and thus constitute the principal measure
adopted to counteract
injurious dumping and
subsidisation.

(10)

(11)

4. REVISION OF THE FORM OF DUTIES

(12)

It is the purpose of anti-dumping or countervailing
measures to eliminate injurious dumping or sub-
sidisation respectively. The choice of the appro-
priate form of anti-dumping or countervailing
duties for achieving this purpose depends on the
circumstances of the case under consideration.

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(13)

the Community salmon
Since the early 1990s,
market has suffered recurrent crises caused by
abnormally low import prices. Therefore, on the
basis of Council Regulation (EEC) No 3687/91 of
28 November 1991 on the common organisation of
the market in fishery products (1), the Community,
starting with Regulation (EEC) No 3270/91 (2),
repeatedly established minimum prices, initially for
Atlantic salmon and, since March 1994, for farmed
Atlantic salmon. In December 1995, on the basis of
Articles 112(1) and 113(3) of the Agreement on the
European Economic Area (3), a safeguard measure
in the form of a floor price was imposed on farmed
Atlantic salmon by Commission Regulation (EC)
No 2907/95 (4). Customs investigations revealed
that, over the whole period, the declared values on
importation frequently did not correspond with the
prices actually charged by the Norwegian exporters
to independent EU customers (5). It was noted, that
this happened particularly where salmon was
traded between related parties in Norway and the
Community.

where the existing duties would be insufficient to
ensure a non-injurious import price,
the anti-
dumping duty should be replaced by a minimum
price and become a variable duty.

(17)

Salmon is commonly traded in different presenta-
tions (gutted head-on, gutted head-off, whole fish
fillets, other fillets or fillet portions, or off-cuts or
trimmings). Therefore, when translating
the
existing duties into their new form, a non-injurious
minimum price level had to be established for each
of these presentations with a view to ensuring a
level of protection similar to the minimum prices
set in the undertakings. The different minimum
prices are essentially derived from the weight
conversion factor relevant to each presentation by
reference to its whole fish equivalent. The presenta-
tions and the corresponding weight conversion
rates and minimum price levels were published in
the Annex to the Commission notice announcing
the initiation of
investigation. No
the present
comments have been received in this respect.

(14)

Based on the above experience, it was decided in
1997 to impose the anti-dumping duty in the form
of a specific duty, and the countervailing duty in
the form of an ad valorem duty in order to ensure
the effectiveness of these duties. Given the preva-
lence of trade between related parties, these duties
in principle, be maintained to prevent
should,
circumvention of the duties.

(15) However, the present investigation has shown that
these duties leave open the possibility for exporters
not bound by undertaking to export salmon at very
low prices, which is likely to prejudice respect for
the undertakings and thus their continued general
use.

5. DURATION OF THE REVISED DUTIES

(18)

It should be recalled that according to Article 11(2)
of the basic anti-dumping Regulation and Article
18(1) of the basic countervailing Regulation, the
revision of the form of the duty resulting from the
present investigation does not change the normal
duration of the anti-dumping and countervailing
measures since the review has not covered issues of
dumping and injury.

(16)

The current form of the duties should therefore be
partially revised in order to deal with such low
priced imports and thereby ensure that all salmon
originating in Norway is imported at a non-injur-
in circumstances
ious price level. Consequently,

(19)

(1) OJ L 354, 23.12.1991, p. 1. Regulation as replaced by Regula-

tion (EC) No 3759/92 (OJ L 388, 31.12.1992, p. 1).

(2) OJ L 308, 9.11.1991, p. 34. Regulation as last amended by
Regulation (EEC) No 992/92 (OJ L 105, 23.4.1992, p. 14).

(3) OJ L 1, 3.1.1994, p. 3.
(4) OJ L 304, 16.12.1995, p. 38.
(5) In March 1996, it became known that the minimum or floor
prices imposed had failed to half the continued decline in the
price of salmon to a level below the minimum import price
(cid:190) European Parliament, resolution on the crisis in the EU
salmon market (OJ C 65, 4.3.1996, p. 212).

6. REPLACEMENT OF REGULATION (EC) No
1890/97 AND REGULATION (EC) No 1891/97

The separate anti-dumping and countervailing
Regulations were adopted following the initiation
of two separate investigations concerning imports
of dumped and subsidised salmon (6). In order to
simplify the application of the duties, it is appro-
priate to replace those Regulations by a single
Regulation. However, the facts and considerations
established in the anti-dumping and countervailing
Regulations remain valid as constituting the facts
and considerations of the present Regulation,

(6) OJ C 253, 31.8.1996, p. 18 and p. 20.

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16. 4. 1999

HAS ADOPTED THIS REGULATION:

2.

(a) The rate of the countervailing duty applicable to
the net free-at-Community-frontier prices, before
duty shall be 3,8 % (TARIC code 8900.

Article 1

1.

(a) Definitive countervailing and anti-dumping duties
are hereby imposed on imports of farmed (other
than wild) 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.

codes

(TARIC

0303 22 00 * 11

(b) These duties shall not apply to wild Atlantic
0302 12 00 * 11,
salmon
0304 10 13 * 11,
and
0304 20 13 * 11). For the purpose of this Regulation,
wild salmon shall be that in respect of which the
the Member States of
competent authorities of
landing are satisfied, by means of all customs and
transport documents to be provided by interested
parties, that it was caught at sea.

(b) The rate of the anti-dumping duty applicable to
the net free-at-Community-frontier price, before
duty, shall be EUR 0,32 per kilogram net product
weight (TARIC code 8900). However, if the free-at-
Community-frontier price, including the counter-
vailing and anti-dumping duties, is less than the
relevant minimum price set out in paragraph 3, the
anti-dumping duty to be collected shall be the
difference between that minimum price and the
including the
free-at-Community-frontier price,
countervailing duty.

For

the purpose of paragraph 2,

3.
the following
minimum prices shall apply per kilogram net product
weight:

Presentation of salmon

Minimum price
EUR/kg net
product weight

Whole fish, fresh or chilled

Gutted, head-on, fresh or chilled

Gutted, headless, fresh or chilled

Other, fresh or chilled, including ‘steaks'

Whole fish, frozen

Gutted, head-on, frozen

Gutted, headless, frozen

Other, frozen, including ‘steaks'

Whole fish fillets, more than 300 g each, fresh or chilled

Other fish fillets or fillet portions, 300 g or less each, fresh or
chilled

Whole fish fillets, more than 300 g each, frozen

Other fish fillets or fillet portions, weighing 300 g or less each,
frozen

2,925

3,25

3,65

3,65

2,925

3,25

3,65

3,65

5,19

6,55

5,19

6,55

TARIC code

0302 12 00*21

0302 12 00*22

0302 12 00*23

0302 12 00*29

0303 22 00*21

0303 22 00*22

0303 22 00*23

0303 22 00*29

0304 10 13*21

0304 10 13*29

0304 20 13*21

0304 20 13*29

4.
These duties shall not apply to imports of farmed
Atlantic salmon exported by the companies listed in the
Annex to this Regulation.

appropriate amend by Regulation the Annex in order to
extend the exemption from the payment of the duties to
the new exporter.

Unless otherwise specified, the provisions in force

5.
concerning customs duties shall apply.

Article 3

Article 2

Where any new exporter in the exporting country in
question provides sufficient evidence to the Commission
that it did not export the goods described in Article 1(1)
during the original investigation period, the Commission,
after consulting the Advisory Committee, may where

1.

2.

Regulation (EC) No 1890/97 shall be repealed.

Regulation (EC) No 1891/97 shall be repealed.

3.
References to Regulation (EC) No 1890/97 and
Regulation (EC) No 1891/97 shall be construed as refer-
ences to this Regulation, where appropriate.

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

Article 4

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

Done at Brussels, 30 March 1999.

For the Council

The President

K.-H. FUNKE

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Official Journal of the European Communities

16. 4. 1999

ANNEX

List of the 119 companies exempted from the definitive anti-dumping and countervailing duties as
from the date of entry into force of Regulation (EC) No 297/1999

UT 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

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/S

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

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

16. 4. 1999

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Official Journal of the European Communities

L 101/7

UT No

Company name

TARIC
additional code

58

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

Grieg Seafood AS

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

8300

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

L 101/8

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Official Journal of the European Communities

16. 4. 1999

UT No

Company name

TARIC
additional code

128

130

134

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

Norwell AS

Nova Sea AS

Ok-Fish Kvalheim AS

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

8316

8235

8239

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