Proposal for a Council Regulation (EC) amending Council Regulation (EC) No 772/1999 imposing definitive anti- dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 1999-08-23
Institutions: European Commission
Subjects: Norway, anti-dumping duty, export subsidy, fish, import

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.08.1999
COM(1999) 429 final

Proposal for a

COUNCIL REGULATION (EC)

amending Council Regulation (EC) No 772/1999 imposing definitive anti-
dumping and countervailing duties on imports of farmed Atlantic salmon
originating in Norway

(presented by the Commission)

1.

2.

3.

4.

5.

EXPLANATORY MEMORANDUM

By  Regulation  (EC)  No  772/1999,  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 the Norwegian
exporters from which the Commission, by Decision 97/634/EC, had accepted
individual price undertakings. These companies are listed in the Annex to the
aforementioned Decision.

By Regulation (EC) No 929/1999, the Commission imposed provisional anti-
dumping  and  countervailing duties on  four  Norwegian  exporters  which  had
apparently  violated  their  undertakings  in  relation  to  the  third  reporting
quarter of 1998.

Having  been  given  an  opportunity  to  comment  and  having  investigated
further,  one  of  these  four  companies  was  found  not  to  have  violated  its
undertaking and the Commission has repealed the provisional duties imposed
against this company. With  regard  to the  the  remaining  three  companies,  it
has  been  definitively  established  that  they  failed  to  comply  with  their
obligations  under  the  terms  of  their  undertakings  and  consequently,  it  is
proposed that the Council impose definitive duties against them.

In  addition,  four  other  Norwegian  companies  have  claimed  that  they  are
“new  exporters”  within  the  meaning  of  the  basic  anti-dumping  Regulation
and  have  offered  undertakings.  Having 
investigated  the  matter,  the
Commission  has  accepted  the  undertakings  and  the  companies  have  been
added to the list of companies benefiting from an exemption to the duties.

Two other companies from which undertakings had previously been accepted
advised  the  Commission  they  had  changed  their  names  and  requested  that
these  changes  be  reflected  in  the  list  of  companies  benefiting  from  an
exemption to the duties. The requests were found to be acceptable and the list
should be amended accordingly.

2

Proposal for a

COUNCIL REGULATION (EC)

amending Council 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,

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:

A. PROVISIONAL DUTIES

(1)

(2)

Within  the  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.

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

1

2

3

4

5

OJ L 56, 6.3.1996, p. 1.
OJ L 128, 30.4.1998, p. 18.
OJ L 288, 21.10.1997, p. 1.
OJ C 235, 31. 8.1996, p. 18, and OJ C 235, 31.8.1996, p. 20.
OJ L 267, 30.9.1997, p. 81.

3

 
 
                                               
(3)

(4)

(5)

(6)

(7)

For the third quarter of 1998, one Norwegian company did not present a report
within the prescribed time limit, another Norwegian exporter appeared to have
sold  the  product  concerned  to  the  Community  market  at  a  price  which  was
below  the price  foreseen  in  its undertaking.  Two other  exporters appeared to
have  made  misleading  declarations  as  to the  identity  of  the  exporter  and  the
identity and nature of the sales reported.

The Commission therefore had reason to believe that these four companies had
breached  the  terms  of  their  undertakings  and  consequently,  by  Regulation
(EC)  No  929/19996  (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 four companies listed in Annex II of 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

All  four  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.

Within the time limit set in the provisional duty Regulation, all the Norwegian
companies  concerned  submitted  comments  in  writing  and  one  requested  a
hearing,  which  was  granted.  Following  these  submissions,  the  Commission
sought and examined all information it deemed necessary for the purpose of a
definitive determination on the apparent violations.

In  this  regard,  the  Commission’s  investigation  established  that  one  of  the
companies  against  which  provisional  measures  had  been  imposed  had  not
violated  its  undertaking  and  that  it  should  be  reinstated  on  the  list  of
companies  benefiting 
the  anti-dumping  and
countervailing measures. The exporter was informed of the essential facts and
considerations  on  the  basis  of  which  it  was  intended  to  reinstate  the
Commission’s acceptance of its undertaking.

from  an  exemption 

to 

As  concerns the other three  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.

6

OJ L 115, 4.5.1999, p. 13.

4

 
 
 
 
 
                                               
(8)

(9)

(10)

(11)

The Commission’s findings in this respect are set out more fully in Regulation
(EC) No [number]7.

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

C. DEFINITIVE DUTIES

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 a
final  determination  as  to  subsidization  and  injury  by  Regulation  (EC)
No 1891/97. While both these Regulations were repealed by  Regulation (EC)
No 772/19998,  the  facts  and  considerations  established  therein  remain  valid
(recital 19 of Regulation (EC) No 772/1999 refers).

In  accordance  with  Article  8  (9)  of  Regulation  (EC)  No  384/96  and
Article 13(9) of Regulation (EC) No 2067/97 respectively, the rate of the anti-
dumping duty and the countervailing duty must be established on the basis of
the  facts  established  within  the  context  of  the  investigation  which  led  to  the
undertaking.  In  this  regard,  and  in  view  of  recital  107  of  Regulation  (EC)
No 1890/97 and recital 149  of  Regulation  (EC)  No  1891/97,  it  is  considered
appropriate that the  definitive  anti-dumping  and  countervailing  duty  rates  be
set at the level, and in the form imposed by Regulation (EC) No 772/1999.

D. DEFINITIVE COLLECTION OF PROVISIONAL DUTIES

(12)

A  breach  of  undertaking  has  been  definitively  established  in  relation  to  the
three  exporters  which  have  violated  their  undertakings.  It  is  therefore
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 REGULATION (EC) NO 772/1999

(13)

By Regulation (cid:1)(cid:1)(cid:1)/1999, the Commission accepted undertakings  from  four
new exporters, F.Uhrenholt Seafood Norway AS, Mesan Seafood AS, Polaris
Seafood  AS  and  Scanfish  AS.  Pursuant  to  Article  2  of  Regulation  (EC)
No 772/1999,  the  Commission  also  extended  the  exemption  from  the  anti-
dumping and countervailing duties to these companies  by adding their names
to the Annex to that Regulation.

(14)

Two  Norwegian  exporters  already  on  the  list  of  companies  from  which
undertakings  are  accepted,  informed  the  Commission  that  their  names  had

7

8

OJ L, [number], [date], p. [page]
OJ L 101, 16.4.1999, p. 1.

5

 
 
 
 
 
 
 
                                               
changed from Herøy Filetfabrikk AS to Atlantis Filetfabrikk AS and from SL
Fjordgruppen  AS  to  Fjord  Seafood  Leines  AS  and  requested  that  these
changes  be  reflected  in  the  list  of  companies  benefiting  from  the  exemption
from  payment  of  anti-dumping  and  countervailing  duties.  The  Commission
has  verified  that  there  were  no  changes  in  the  corporate  structures  which
would  call  for  a  more  detailed  examination  of  the  appropriateness  of  these
companies maintaining their undertakings.

(15)

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  Annex  should  also  be  updated  to  take  account of  the  exemption
extended  by  Regulation  (cid:1)(cid:1)(cid:1)/1999  to  F.Uhrenholt  Seafood  Norway  AS,
Mesan  Seafood  AS,  Polaris  Seafood  and  Scanfish  AS,  and  of  the  change  of
name  of  Herøy  Filetfabrikk  to  Atlantis  Filetfabrikk  AS  and  of  SL
Fjordgruppen AS to Fjord Seafood Leines AS.

HAS ADOPTED THIS REGULATION:

The Annex to Regulation (EC) No 772/1999 is hereby replaced by Annex II hereto.

Article 1

Article 2

The  amounts  secured  by  way  of  the  provisional  anti-dumping  and  countervailing
duties  imposed  by  Regulation  (EC)  No  929/1999  in  relation  to  farmed  (other  than
wild)  Atlantic  salmon  falling  within  CN  codes  ex  0302  12  00  (Taric  codes:
0302 12 00*21, 0302 12 00*22, 0302 12 00*23 and 0302 12 00*29), ex 0303 22 00
(Taric codes: 0303 22 00*21, 0303  22  00*22,  0303  22  00*23  and  0303  22  00*29),
ex 0304 10 13 (Taric codes: 0304 10 13*21 and 0304 10 13*29) and ex 0304 20 13
(Taric codes: 0304 20 13*21 and 0304 20 13*29) originating in Norway and exported
by the companies listed in 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 Brussels,

For the Council
The President

6

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

ANNEX I

UT No

Company Name

Arne Mathisen A/S
Brødrene Eilertsen A/S

14
28
99 Myre Sjømat AS

Taric
additional
code
8112
8126
8203

7

ANNEX II

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

UT No

Company Name

3
7
8
11
13
15
16
17
20
21
22
23
24
26
27
31
32
33
35
36
39
41
42
43
44
46
47
48
50
51
52
53
58
60
61
62
66
67
72
75
76

Agnefest Seafood
Aqua Export A/S
Aqua Partner A/S
Arctic Group International
Artic Superior 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
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
Grieg Seafood AS
Haafa fisk AS
Hallvard Lerøy AS
Atlantis Filetfabrikk AS
Hydro Seafood Norway AS
Hydrotech-gruppen AS
Inter Sea AS
Janas AS
Joh. H. Pettersen AS

8

Taric
additional
Code
8325
8100
8101
8109
8111
8113
8114
8115
8118
8119
8120
8121
8122
8124
8125
8129
8130
8131
8133
8134
8136
8138
8139
8140
8141
8143
8144
8145
8147
8148
8149
8150
8300
8302
8303
8304
8159
8428
8174
8177
8178

UT No

Company Name

77
79
80
82
83
85
87
92
93
96
98
100
101
104
105
107
108
111
112
113
114
115
116
119
120
121
122
123
124
126
128
130
134
137
140
141
142
144
145
146
147
148
151
153
154
155
156

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
Misundfisk AS
Naco Trading AS
Namdal Salmon AS
Nergård 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
Pan Fish Sales AS
Polar Seafood Norway AS
Prilam Norvège 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

9

Taric
additional
Code
8179
8181
8182
8184
8185
8187
8188
8196
8197
8200
8202
8206
8207
8210
8211
8213
8214
8217
8218
8223
8227
8228
8229
8232
8233
8307
8308
8309
8312
8314
8316
8235
8239
8242
8247
8248
8251
8254
8256
8257
8258
8259
8262
8264
8265
8266
8267

UT No

Company Name

157
158
160
161
162
164
165
167
168
172
174
175
176
178
180
182
183
187
188
189
190
191
192
193
194
195
196

Seaco AS
Seacom AS
Seafood Farmers of Norway Ltd AS
Seanor AS
Sekkingstad AS
Sirena Norway AS
Kinn Salmon AS
Fjord Seafood Leines 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
F.Uhrenholt Seafood Norway AS
Mesan Seafood AS
Polaris Seafood AS
Scanfish AS

Taric
additional
Code
8268
8269
8271
8272
8273
8275
8276
8278
8279
8283
8285
8286
8287
8289
8294
8298
8317
8321
8322
8323
8324
8102
8625
A033
A034
A035
A036

10