2000/522/EC: Commission Decision of 26 July 2000 amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway (notified under document number C(2000) 2299)
Date: 2000-07-26
Institutions: European Commission
Subjects: Norway, anti-dumping legislation, anti-subsidy proceeding, import, originating product, sea fish

18.8.2000

EN

Official Journal of the European Communities

L 208/47

COMMISSION DECISION

of 26 July 2000

amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping
and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway

(notified under document number C(2000) 2299)

(2000/522/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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), as last
amended by Regulation (EC) No 905/98 (2), and in particular
Article 8 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 (3), and in
particular Article 13 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PREVIOUS PROCEDURE

On 31 August 1996, the Commission announced, by
two separate notices published in the Official Journal of
the European Communities,
the initiation of an anti-
dumping proceeding (4) as well as an anti-subsidy
proceeding (5) in respect of imports of farmed Atlantic
salmon originating in Norway.

The Commission sought and verified all informaton that
it deemed necessary for the purpose of its definitive
findings. As a result of this examination, it was estab-
lished that definitive anti-dumping and countervailing
measures should be adopted in order to eliminate the
injurious effects of dumping and subsidisation. All inter-
ested parties were informed of the results of the invest-
igation and were given the opportunity to comment
thereon.

On 26 September 1997,
the Commission adopted
Decision 97/634/EC (6), accepting undertakings offered
in connection with the two above-mentioned proceed-
ings from the exporters listed in the Annex to the
Decision and terminating the investigations in their
respect.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 288, 21.10.1997, p. 1.
(4) OJ C 253, 31.8.1996, p. 18.
(5) OJ C 253, 31.8.1996, p. 20.
(6) OJ L 267, 30.9.1997, p. 81. Decision as last amended by Regula-

tion (EC) No 2592/1999, (OJ L 315, 9.12.1999, p. 17).

On the same day, the Council, by Regulations (EC) No
1890/97 (7) and (EC) No 1891/97 (8)
imposed anti-
dumping and countervailing duties on imports of
farmed Atlantic salmon originating in Norway. Imports
of farmed Atlantic salmon exported by companies from
which an undertaking had been accepted were exempted
from that duty pursuant to Article 1(2) of those Regula-
tions.

The above-mentioned Regulations set out the definitive
findings and conclusions on all aspects of the investiga-
tions. The form of the duties having been reviewed,
Regulations (EC) No 1890/97 were replaced by Council
Regulation (EC) No 772/1999 (9).

B. OBLIGATIONS

OF

EXPORTERS

WITH

UNDERTAKINGS

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 would, except
force
majeure, be construed as a violation of the undertaking.

in case of

the

For
fourth quarter of 1999, one Norwegian
company, Fryseriet AS, failed to present such a sales
report within the prescribed time limit, despite a
reminder sent to it 24 hours before the quaterly dead-
line. The company was subsequently given an oppor-
tunity to inform the Commission of any reasons which
may have prevented its report
from being received
within the time limit, however, no reply was received.

then sent disclosure

Fryseriet AS was
in writing
concerning the essential facts and considerations on the
basis of which it was intended to recommend the impo-
sition of definitive duties against it. The company was
also given an opportunity to submit comments and
request a hearing, however, as before, it did not react.

In view of the above, it is considered necessary to with-
draw acceptance of the undertaking offered by Fryseriet
AS and to impose definitive anti-dumping and counter-
vailing duties against it. Accordingly, the name of this
company should be deleted from the Annex to Decision
from which
97/634/EC which lists
undertakings are accepted.

the companies

(5)

(6)

(7)

(8)

(9)

(7) OJ L 267, 30.9.1997, p. 1.
(8) OJ L 267, 30.9.1997, p. 19.
(9) OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regula-

tion (EC) No 2652/1999, (OJ L 325, 17.12.1999, p. 1).

L 208/48

EN

Official Journal of the European Communities

18.8.2000

(10)

In parallel to this Decision, the Council, by Regulation
(EC) No 1783/2000 (1), has also withdrawn the exemp-
tion from the anti-dumping and countervailing duties
granted to this company.

(18)

D. CHANGE OF NAME

the names of

Two other Norwegian exporters with undertakings,
Agnefest AS and Norway Seafoods ASA advised the
Commission that
the companies have
changed to Rosfjord Seafood AS and Frionor AS respec-
tively. The Commission has
therefore verified and
confirmed that there were no changes to the corporate
structure which warranted a more detailed examination
of the appropriateness of the companies maintaining
their undertakings.

(19) Accordingly, the names of these companies should be
amended in the list of companies from which undertak-
ings are accepted in the Annex to Decision 97/634/EC.

(20)

(21)

(22)

E. CESSATION OF TRADING BY A NORWEGIAN

COMPANY

The Commission has also been advised that another
Norwegian company from which an undertaking was
accepted, Atlantic King Stranda A/S, has ceased to trade
and has been wound up. Accordingly, the name of this
company should be deleted from the list of companies
in the Annex to Decision 97/634/EC.

F. AMENDMENT OF THE ANNEX TO DECISION 97/

634/EC

The Advisory Committee has been consulted on all of
the above changes and amendments to Decision 97/
634/EC and has raised no objections.

For the sake of clarity, however, an updated version of
Annex to Decision 97/634/EC should be published here-
with, showing the exporters whose undertakings are
currently in force.

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 97/634/EC is hereby replaced by the
Annex hereto.

Article 2

This Decision shall enter into force on the day following that
of its publication in the Official Journal of the European Communi-
ties.

Done at Brussels, 26 July 2000.

For the Commission

Pascal LAMY

Member of the Commission

(11)

(12)

(13)

(14)

(15)

(16)

(17)

C. NEW EXPORTERS

Following the original
imposition of definitive anti-
dumping and countervailing duties, several Norwegian
themselves known to the
companies have made
Commission claiming
and
requested,
in accordance with Article 2 of Regulation
(EC) No 772/1999 in conjuction with Article 11(4) of
Regulation (EC) No 2026/97 that the exemption to the
duties be extended to them.

to be new exporters

In this regard, five such exporters, Emborg Foods Norge
AS, Helle Mat AS, Norsea Food AS, Salmon Company
Fjord Norway AS and Stella Polaris AS demonstrated
that they had not exported the product concerned to the
Community during the investigation period which led to
the current anti-dumping and countervailing duties (‘the
original

investigation period’).

These companies also showed that they are not related
to any of the companies in Norway which are subject to
In addition,
anti-dumping and countervailing duties.
they provided evidence of exports of
the product
concerned to the Community after the original invest-
igation period, or proof that they had entered into an
irrevocable contractual obligation to export a significant
amount of the product concerned to the Community.

The companies concerned have offered undertakings
which are identical to those previously offered by other
Norwegian companies exporting farmed Atlantic salmon
originating in Norway. By doing so, they have all agreed
to provide the Commission with regular and detailed
information concerning their exports to the Community.

Since undertakings on such terms can be monitored
effectively by the Commission, and their acceptance
would eliminate the injurious effects of dumping and
subsidisation, the offers are considered acceptable.

The companies concerned have been informed of the
essential
facts, considerations and obligations upon
which acceptance of the undertakings given by them are
based.

Their names should therefore be added to the list of
companies from which undertakings are accepted in the
Annex to Decision 97/634/EC.

(1) See page 1 of this Official Journal.

18.8.2000

EN

Official Journal of the European Communities

L 208/49

ANNEX

LIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED

UT No

Company name

TARIC additional code

3

7

8

11

13

15

16

17

20

21

22

24

26

27

31

32

33

35

36

39

41

42

43

44

46

47

48

50

Rosfjord Seafood A/S

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 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 A/S

Euronor A/S

Fiskeforsyningen A/S

Fjord Aqua Group A/S

Fjord Trading Ltd A/S

Fossen A/S

8325

8100

8101

8109

8111

8113

8114

8115

8118

8119

8120

8122

8124

8125

8129

8130

8131

8133

8134

8136

8138

8139

8140

8141

8143

8144

8145

8147

L 208/50

EN

Official Journal of the European Communities

18.8.2000

UT No

Company name

TARIC additional code

51

52

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 A/S

Fresh Marine Company A/S

Grieg Seafood A/S

Haafa fisk A/S

Hallvard Lerøy A/S

Atlantis Filetfabrikk A/S

Hydro Seafood Norway A/S

Hydrotech-gruppen A/S

Inter Sea A/S

Janas A/S

Joh. H. Pettersen A/S

Johan J. Helland A/S

Karsten J. Ellingsen A/S

Kr Kleiven & Co. A/S

Labeyrie Norge A/S

Lafjord Group A/S

Leica Fiskeprodukter

Lofoten Seafood Export A/S

Marine Seafood A/S

Marstein Seafood A/S

Memo Food A/S

Misundfisk A/S

Naco Trading A/S

Namdal Salmon A/S

Nergård A/S

Nils Williksen A/S

Nisja Trading A/S

Nor-Food A/S

Nordic Group ASA

Nordreisa Laks A/S

Norexport A/S

Norfi Produkter A/S

8148

8149

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

18.8.2000

EN

Official Journal of the European Communities

L 208/51

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 A/S

Norfra Eksport A/S

Norsk Akvakultur A/S

Norsk Sjømat A/S

Northern Seafood A/S

Nortrade A/S

Norway Royal Salmon Sales A/S

Norway Royal Salmon A/S

Frionor A/S

Norwell A/S

Nova Sea A/S

Ok-Fish Kvalheim A/S

Pan Fish Sales A/S

Polar Seafood Norway A/S

Prilam Norvège A/S

Pundslett Fisk

Rolf Olsen Seafood A/S

Ryfisk A/S

Rørvik Fisk- og fiskematforretning A/S

Saga Lax Norge A/S

Prima Nor A/S

Sangoltgruppa A/S

Scanfood A/S

Sea Eagle Group A/S

Sea Star International A/S

Sea-Bell A/S

Seaco A/S

Seacom A/S

Seafood Farmers of Norway Ltd A/S

Seanor A/S

Sekkingstad A/S

Sirena Norway A/S

Kinn Salmon A/S

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

L 208/52

EN

Official Journal of the European Communities

18.8.2000

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

199

200

201

202

203

Fjord Seafood Leines A/S

SMP Marine Produkter A/S

Stjernelaks A/S

Stolt Sea Farm A/S

Storm Company A/S

Superior A/S

Terra Seafood A/S

Timar Seafood A/S

Torris Products Ltd A/S

Troll Salmon A/S

Vikenco A/S

Wannebo International A/S

West Fish Norwegian Salmon A/S

Nor-Fa Food A/S

Westmarine A/S

F. Uhrenholt Seafood Norway A/S

Mesan Seafood A/S

Polaris Seafood A/S

Scanfish A/S

Normarine A/S

Oskar Einar Rydbeck

Emborg Foods Norge A/S

Helle Mat A/S

Norsea Food A/S

Salmon Company Fjord Norway A/S

Stella Polaris A/S

8278

8279

8283

8285

8286

8287

8289

8294

8298

8317

8322

8323

8324

8102

8625

A033

A034

A035

A036

A049

A050

A157

A158

A159

A160

A161