Council Regulation (EC) No 2652/1999 of 13 December 1999 amending Council Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 1999-12-13
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

17. 12. 1999

EN

Official Journal of the European Communities

L 325/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2652/1999

of 13 December 1999

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

THE COUNCIL OF THE EUROPEAN UNION,

product concerned on the Community market at or
above the minimum prices specified in the undertaking.

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 Community (1), 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 Community (2), and in
particular Article 13(9) and 15 thereof,

(3)

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 specified 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 specified in its
undertaking.

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

(4)

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 European Communi-
ties (3), the Commission accepted, by Decision 97/634/
EC (4), undertakings offered by the Kingdom of Norway
and by 190 Norwegian exporters in connection with the
anti-dumping and anti-subsidy proceedings concerning
imports of
farmed Atlantic salmon originating in
Norway.

(2)

The text of the undertakings provided 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
force majeure
would be construed as a violation of the undertaking, as
would non-compliance with the obligation to sell the

in case of

(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) OJ L 267, 30.9.1997, p. 81.

The Commission therefore had reason to believe that
these three companies had breached the terms of their
undertakings and consequently, by Commission Regula-
tion (EC) No 1826/1999 (5) (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 0303 22 00, ex 0304 10 13 and
ex 0304 20 13 originating in Norway and exported by
the three companies listed in Annex II of that Regula-
tion. 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 provi-
sional 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.

(5) OJ L 223, 24.8.1999, p. 3.

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Official Journal of the European Communities

17. 12. 1999

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

(7)

In this regard,
the Commission's investigation estab-
lished that two of the companies against which provi-
sional 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
its undertaking and to
Commission's acceptance of
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 representa-
tions subsequent to this disclosure.

The Commission's findings in this respect are set out
more fully in Commission Regulation (EC) No 2592/
1999 (1).

the comments

None of
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).

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 (2) and a final
determination as to subsidisation and injury by Regula-
tion (EC) No 1891/97 (3). While both these Regulations
were repealed by Regulation (EC) No 772/1999 (4), 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 2026/
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 invest-
igation which led to the undertaking. In this regard, and
in view of recital (107) of Regulation (EC) No 1890/97

(8)

(9)

(10)

(11)

(1) OJ L 315, 9.12.1999, p. 17.
(2) OJ L 267, 30.9.1997, p. 1.
(3) OJ L 267, 30.9.1997, p. 19.
(4) OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regula-

tion (EC) No 1895/1999 (OJ L 233, 3.9.1999, p. 1.)

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 one of the three exporters which were
provisionally considered to have violated their undertak-
ings. It is therefore considered necessary that, in relation
to this exporter, any amounts secured by way of provi-
sional anti-dumping and countervailing duties be defin-
itively collected at the level of the definitive duties.

E. AMENDMENTS OF THE ANNEX TO REGULATION

(EC) No 772/1999

(13)

the
By Commission Regulation (EC) No 2592/1999,
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 expor-
ters by adding their names to the Annex to that Regula-
tion.

(14) 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 Vie de France Norway AS.
The Annex should also be updated to take account of
the exemption extended by Commission Regulation (EC)
No 2592/1999 to Normarine AS and Oskar Einar
Rydbeck,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

0302 12 00*22,

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,
and
0302 12 00*29), ex 0303 22 00 (Taric codes: 0303 22 00*21,
0303 22 00*29),
0303 22 00*22,
and
ex 0304 10 13
0304 10 13*29)
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.

0303 22 00*23
codes:
(Taric
and

and
0304 10 13*21

0302 12 00*23

ex 0304 20 13

(Taric

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Official Journal of the European Communities

L 325/3

This Regulation shall enter into force on the day following that of 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, 13 December 1999.

For the Council

The President

S. HASSI

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Official Journal of the European Communities

17. 12. 1999

LIST OF COMPANIES EXEMPTED FROM THE DEFINITIVE ANTI-DUMPING AND COUNTERVAILING DUTIES

ANNEX

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

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

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

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UT No

Company Name

Taric additional code

51

52

53

58

60

61

62

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

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

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

8148

8149

8150

8300

8302

8303

8304

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

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17. 12. 1999

UT No

Company Name

Taric additional code

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

157

158

160

161

162

164

165

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

Seaco AS

Seacom AS

Seafood Farmers of Norway Ltd AS

Seanor AS

Sekkingstad AS

Sirena Norway AS

Kinn Salmon AS

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

8268

8269

8271

8272

8273

8275

8276

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UT No

Company Name

Taric additional code

167

168

172

174

175

176

178

180

182

183

188

189

190

191

192

193

194

195

196

197

198

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

8278

8279

8283

8285

8286

8287

8289

8294

8298

8317

8322

8323

8324

8102

8625

A033

A034

A035

A036

A049

A050