Council Regulation (EC) No 1003/1999 of 10 May 1999 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 1999-05-10
Institutions: Council of the European Union
Subjects: Bulgaria, ECSC, export, export monitoring, iron and steel product

13. 5. 1999

EN

Official Journal of the European Communities

L 123/19

COUNCIL REGULATION (EC) No 1003/1999

of 10 May 1999

amending Regulation (EC) No 772/1999 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,

report at all and two Norwegian exporters appeared
to have sold the product concerned to the
Community market at a price which was below the
price provided for in their undertakings.

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
the European
from countries
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 DUTIES

(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 quaterly 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, as would non-compliance with
the obligation to sell the product concerned on the
Community market at or above the minimum
prices provided for in the undertaking.

(3)

For the second quarter of 1998, 10 Norwegian
companies either did not present a report within
the prescribed time limit (or did not submit any

(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 C 235, 31.8.1996, p. 18 and OJ C 235, 31.8.1996, p. 20.
(4) OJ L 267, 30.9.1997, p. 81; Decision as last amended by
Regulation (EC) No 2249/98 (OJ L 282, 20.10.1998, p. 57).

(4)

(5)

(6)

The Commission therefore had reason to believe
that these 12 companies had breached the terms of
their undertakings.

Consequently, the Commission, by Regulation (EC)
No 82/1999 (5) hereinafter referred to as the ‘Provi-
sional 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 six (initially 12) 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, which
listed the companies from which undertakings
were accepted.

B. SUBSEQUENT PROCEDURE

duties

received

All 12 Norwegian companies subject to the provi-
sional
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.

disclosure

(7) Within the time limit set in the provisional duty
the Norwegian companies
Regulation, nine of
concerned submitted comments in writing and five
requested hearings, which were granted. In addi-
tion, comments were also submitted by the Norwe-
gian Seafood Association on behalf of two of the
to the provisional measures.
companies subject
Following these submissions,
the Commission
sought and examined all information it deemed
necessary for the purpose of a definitive deter-
mination on the apparent violations.

(5) OJ No L 8, 14.1.1999, p. 8; Regulation as last amended by
Regulation (EC) No 929/1999 (OJ L 115, 4.5.1999, p. 13).

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Official Journal of the European Communities

13. 5. 1999

(8)

regard,

the Commission’s

investigation
In this
established that six of the companies against which
provisional measures had been imposed had not
violated their undertakings and that they should be
reinstated on the list of companies benefiting from
an exemption from the anti-dumping and counter-
vailing measures. These exporters were informed of
the essential facts and considerations on the basis
of which it was intended to reinstate the Commis-
sion’s acceptance of their undertakings.

As concerns the other six companies subject to
provisional measures, they 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.

(9)

The Commission’s findings in this respect are set
out more fully in Regulation (EC) No 929/1999.

conclusion that definitive

(10) None of the comments submitted, however, have
anti-
changed the
dumping and countervailing duties
should be
imposed on imports of farmed Atlantic salmon
originating in Norway and exported by the six
companies listed in Annex I to this Regulation.

C. DEFINITIVE DUTIES

(11)

(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 (1) and by a final determination as to subsidisa-
tion and injury by Regulation (EC) No 1891/97 (2).

In accordance with Article 8(10) of Regulation (EC)
No 384/96 and Article 13(10) of Regulation (EC)
No 2067/97 respectively,
the anti-
dumping duty and the countervailing duty must be
established on the basis of the best information
available.

the rate of

(13)

In this regard, and in view of recital 107 of Regula-
tion (EC) No 1890/97 and recital 149 of Regulation
(EC) No 1891/97, it is considered appropriate that
the definitive anti-dumping and countervailing

(1) OJ L 267, 30.9.1997, p. 1; Regulation as last amended by
Regulation (EC) No 2052/98 (OJ L 264, 29.9.1998, p. 17).
(2) OJ L 267, 30.9.1997, p. 19; Regulation as last amended by
Regulation (EC) No 2052/98 (OJ L 264, 29.9.1998, p. 17).

duty rates be set at the level and in the form
imposed by Regulation (EC) No 772/1999 (3).

D. DEFINITIVE COLLECTION OF

PROVI-

SIONAL DUTIES

(14) A breach of undertaking has been established in
relation to six 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.

E. AMENDMENT OF THE ANNEX TO REGULA-

TION (EC) No 772/1999

(15)

Two Norwegian companies, Saga Lax Nord AS and
Hydro Seafood Sales AS, which are on the list of
companies from which undertakings are accepted,
informed the Commission that their names had
changed to Prima Nor AS and Hydro Seafood
Norway AS respectively. They requested that these
changes be reflected in the list of companies bene-
fiting from the exemption from payment of anti-
dumping and countervailing duties. The Commis-
sion has verified that there were no changes in
their corporate structures which would call for a
more detailed examination of the appropriateness
of them maintaining their undertakings.

(16) Accordingly, in view of all the above, the Annex to
Regulation (EC) No 772/1999 exempting the
parties listed therein from the duty, should be
amended so as to remove the exemption from the
companies listed in Annex I hereto. The said
Annex should also be amended to take account of
the change of name to Prima Nor AS by the
company Saga Lax Nord AS and the change of
name to Hydro Seafood Norway AS by the
company Hydro Seafood Sales AS,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 772/1999 shall be
replaced by Annex II to this Regulation.

(3) OJ L 101, 16.4.1999, p. 1.

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Article 2

The amounts secured by way of the provisional anti-dumping and countervailing duties
imposed by Regulation (EC) No 82/1999 in relation to 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.

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

Article 3

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

Done at Brussels, 10 May 1999.

For the Council

The President

H. EICHEL

ANNEX I

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

No VT

Company

TARIC additional
code

1

5

30

65

159

171

A. Ovrekotnes AS

Alsvag Fiskeprodukter A/S

Brødrene Remo A/S

Hitramat & Delikatesse AS

Seacom Nord AS

Stavanger Røkeri AS

8095

8098

8128

8154

8270

8282

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ANNEX II

List of companies exempted from the definitive anti-dumping and countervailing duties

UT No

Company

TARIC
additional code

3

7

8

11

13

14

15

16

17

20

21

22

23

24

26

27

28

31

32

33

35

36

39

41

42

43

44

46

47

48

50

51

52

53

Agnefest Seafood

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

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

8325

8100

8101

8109

8111

8112

8113

8114

8115

8118

8119

8120

8121

8122

8124

8125

8126

8129

8130

8131

8133

8134

8136

8138

8139

8140

8141

8143

8144

8145

8147

8148

8149

8150

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UT No

Company

TARIC
additional code

58

60

61

62

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

Hydro Seafood Norway 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

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

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13. 5. 1999

UT No

Company

TARIC
additional code

128

130

134

137

140

141

142

144

145

146

147

148

151

153

154

155

156

157

158

160

161

162

164

165

167

168

172

174

175

176

178

180

182

183

187

188

189

190

191

192

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

Prima Nor AS

Sangoltgruppa AS

Scanfood AS

Sea Eagle Group AS

Sea Star International AS

Sea-Bell AS

Seaco AS

Seacom AS

Seafood Farmers of Norway Ltd AS

Seanor AS

Sekkingstad AS

Sirena Norway AS

Kinn Salmon AS

SL Fjordgruppen AS

SMP Marine Produkter 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

Westmarine AS

8316

8235

8239

8242

8247

8248

8251

8254

8256

8257

8258

8259

8262

8264

8265

8266

8267

8268

8269

8271

8272

8273

8275

8276

8278

8279

8283

8285

8286

8287

8289

8294

8298

8317

8321

8322

8323

8324

8102

8625