Proposal for a Council Regulation amending Council Regulation (EC) No 772/1999 imposing definitive antidumping and countervailing duties on imports of farmed Altantic salmon originating in Norway
Date: 1999-12-08
Institutions: European Commission
Subjects: Norway, anti-dumping duty, export subsidy, fish, import

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.12.1999
COM(1999) 669 final

Proposal for a

COUNCIL REGULATION

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.

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 1826/1999, the Commission imposed provisional
anti-dumping and countervailing duties on three Norwegian exporters which
had apparently violated their undertakings in relation to the fourth reporting
quarter of 1998 or the first reporting quarter of 1999.

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undertakings and the Commission has repealed the provisional duties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

In addition, two 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.

2

Proposal for a

COUNCIL REGULATION

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:

1

2

3

OJ No L 56, 6.3.1996, p. 1.
OJ No L 128, 30.4.1998, p. 18.
OJ No L 288, 21.10.1997, p. 1.

3

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
European Communities4, the Commission accepted, by Decision 97/634/EC5,
undertakings offered by the Kingdom of Norway and by 190 Norwegian
exporters.

(2)

(3)

(4)

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.

For the first quarter of 1999, two Norwegian companies either failed to present
a report within the prescribed time limit or appeared to have sold the product
concerned to the Community market at prices which were below the prices
foreseen in its undertaking. For the fourth quarter of 1998, the Commission
also had reason to believe that another Norwegian exporter had sold the
product concerned to the Community market at prices which were below the
prices foreseen in its undertaking.

(hereinafter

The Commission therefore had reason to believe that these three companies
had breached the terms of their undertakings and consequently, by Regulation
(EC) No 1826/19996
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 three 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

(5)

All three 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.

(6) 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.

4

5

6

OJ No C 235, 31. 8.1996, p. 18, and OJ C 235, 31.8.1996, p. 20.
OJ No L 267, 30.9.1997, p. 81.
OJ No L 223, 24.8.1999, p. 3.

4

(7)

In this regard, the Commission’s investigation established that two of the
companies against which provisional duties had been imposed had not violated
their undertakings and that they should be reinstated on the list of companies
benefiting from an exemption to the anti-dumping and countervailing duties.
The exporters were informed of the essential facts and considerations on the
basis of which it was intended to reinstate the Commission’s acceptance of
their undertakings.

As concerns the other company, Vie de France Norway AS (now known as
Cuisine Solutions Norway AS), which is subject to provisional duties, it was
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 its
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. It was also granted a period within which to make
representations subsequent to this disclosure.

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 Vie
de France AS (now known as Cuisine Solutions Norway AS).

D. 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.

(8)

(9)

(10)

(11)

7

8

OJ No L, [number], [date], p. [page]
OJ No L 101, 16.4.1999, p.1, as last amended by Regulation (EC) No 1895/1999, OJ No L
233, 3.9.1999, p.1

5

E. DEFINITIVE COLLECTION OF PROVISIONAL DUTIES

(12) A breach of undertaking has been definitively established in relation to one of
the three exporters which were provisionally considered to have violated their
undertakings. It is therefore considered necessary that, in relation to this
exporter, any 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 ANNEX TO REGULATION (EC) NO 772/1999

(cid:1)(cid:1)(cid:1)

(13) By Regulation

/1999, the Commission accepted undertakings from two
new exporters, Normarine AS and Oskar Einar Rydbeck. 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 exporters
by adding their names to the Annex to that Regulation.

(14) Accordingly,

the above,

in view of all

the Annex to Regulation (EC)
No772/1999 exempting the parties listed therein from the duty, should be
amended so as to remove the exemption from Vie de France Norway AS. The
Annex should also be updated to take account of the exemption extended by
Regulation

/1999 to Normarine AS and Oskar Einar Rydbeck.

(cid:1)(cid:1)(cid:1)

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

The amounts secured by way of the provisional anti-dumping and countervailing
duties imposed by Regulation (EC) No 1826/1999 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 Vie
de France AS, now known as Cuisine Solutions Norway AS (Taric additional code
8321), shall be definitively collected.

6

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

7

ANNEX

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

UT No

Company Name

Taric
additional
Code

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

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

8

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

UT No

Company Name

Taric
additional
Code

66
67
72
75
76
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

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
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

9

8159
8428
8174
8177
8178
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

UT No

Company Name

Taric
additional
Code

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
188
189
190
191
192
193
194
195
196
197
198

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
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
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
Normarine AS
Oskar Einar Rydbeck

10

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
8322
8323
8324
8102
8625
A033
A034
A035
A036
A049
A050

11