Proposal for a Council Regulation amending Council Regulation (EC) No 772/1999, as last amended by Regulation (EC) No 2652/1999, imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 2000-07-26
Institutions: European Commission
Subjects: Norway, anti-dumping duty, export subsidy, import, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.07.2000
COM(2000) 488 final

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 772/1999, as last amended by Regulation
(EC) No 2652/1999, 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

the Council

By Regulation (EC) No 772/1999 as last amended by Regulation (EC)
No 2652/1999,
and
imposed
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 as last amended by
Regulation (EC) No 2592/1999, has accepted individual price undertakings.
These companies are listed in the Annex to the aforementioned Decision.

anti-dumping

definitive

One of these Norwegian companies has not, however, respected the terms of
its undertaking with regard to submitting to the European Commission within
its sales to the European
a prescribed period, a quarterly report of
Community of the product concerned. Acceptance of the undertaking has
now been withdrawn by the Commission and it is proposed that the Council
impose definitive anti-dumping and countervailing duties against it.

five Norwegian companies claimed that

In addition,
they were “new
exporters” within the meaning of the basic anti-dumping Regulation and
offered undertakings. Having investigated the matter, the undertakings were
considered satisfactory and were accepted by the Commission. Accordingly,
these companies should be added to the list of companies benefiting from an
exemption to the duties in Regulation (EC) No 772/1999.

Two other Norwegian companies from which undertakings have been
accepted advised the Commission that they had changed their names and
requested that
these changes be reflected in the list of companies in
Regulation (EC) No 772/1999 benefiting from an exemption to the duties.
Tthe requests were considered acceptable and the relevant list should be
amended accordingly.

Finally, the Commission has been advised that another company from which
an undertaking was accepted has ceased to trade and has been wound up.
Accordingly the name of this company should be deleted from the the list of
companies benefiting from an exemption to the duties in Regulation (EC)
No 772/1999.

2

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 772/1999, as last amended by Regulation
(EC) No 2652/1999, 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. PREVIOUS PROCEDURE

(1)

(2)

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 proceeding4 as well as an anti-subsidy proceeding5 in
respect of imports of farmed Atlantic salmon originating in Norway.

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

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 253, 31.8.1996, p. 18.
OJ C 253, 31.8.1996, p. 20.

3

(3)

(4)

(5)

(6)

(7)

(8)

(9)

the Commission adopted Decision 97/634/EC6,
On 26 September 1997,
accepting undertakings offered in connection with the two above-mentioned
proceedings from the exporters listed in the Annex to the Decision and
terminating the investigations in their respect.

On the same day, the Council, by Regulations (EC) No 1890/977 and 1891/978
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 Regulations.

the definitive findings and
The above-mentioned Regulations set out
conclusions on all aspects of the investigations. The form of the duties having
been reviewed, Regulations (EC) No 1890/97 and 1891/97 were replaced by
Regulation (EC) No 772/19999.

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 in case of force majeure, be
construed as a violation of the undertaking.

For the fourth quarter of 1999, one Norwegian company, Fryseriet AS, failed
to present such a sales report within the prescribed time limits, despite a
reminder sent to it 24 hours before the quarterly deadline. In addition, the
company was given an opportunity to advise the Commission of any reasons
which may have prevented it from sending its reports within the time limits,
however, no explanation has been received in this regard.

Fryseriet AS received disclosure in writing concerning the essential facts and
considerations on the basis of which it was intended to recommend the
imposition of definitive duties against it. The company was also given an
opportunity to submit comments and request a hearing, however, it did not
react in this regard.

In view of the above, the conclusion has been reached that definitive anti-
dumping and countervailing duties should be imposed on imports of farmed
Atlantic salmon originating in Norway and exported by Fryseriet AS.

C. DEFINITIVE DUTIES

(10)

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

6

7

8

9

OJ L 267, 30.9.1997, p. 81. Decision as last amended by Regulation (EC) No 2592/1999,
OJ L 315, 9.12.1999, p. 17
OJ L 267, 30.9.1997, p. 1
OJ L 267, 30.9.1997, p. 19
OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regulation (EC) No 2652/1999,
OJ L 325, 17.12.1999, p. 1.

4

final determination as to subsidisation and injury by Regulation (EC)
No 1891/97. While both these Regulations were repealed by Regulation (EC)
No 772/1999, 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.

(11)

(12)

D. AMENDMENT OF THE ANNEX TO REGULATION (EC) NO 772/1999

(13)

(14)

The Annex to Regulation (EC) No772/1999 exempting the parties listed
therein from the anti-dumping and countervailing duties should therefore be
amended so as to remove the exemption from Fryseriet AS.

the Commission

by Commission Decision10,

In addition,
accepted
undertakings from five new exporters, namely Emborg Foods Norge AS, Helle
Mat AS, Norsea Food AS, Salmon Company Fjord Norway AS and Stella
Polaris AS and also announced that
the names of two other Norwegian
companies from which undertakings had been accepted had changed (namely
Agnefest Seafood AS to Rosfjord Seafood AS and Norway Seafoods ASA to
Frionor AS). The Decision also made it known that another Norwegian
company, Atlantic King Stranda A/S, had ceased trading and that
its
undertaking was no longer needed.

(15)

The Annex to Regulation (EC) No772/1999 should, therefore, also be updated
to take account of all these other changes.

HAS ADOPTED THIS REGULATION:

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

Article 1

Article 2

1. (a) Definitive countervailing and anti-dumping duties are hereby imposed on
imports of 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,

10

OJ L …

5

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
Fryseriet AS.

(b)

These duties shall not apply to wild Atlantic salmon (Taric codes: 0302 12
00*11, 0304 10 13*11, 0303 22 00*11 and 0304 20 13*11). For the purpose
in respect of which the
of this Regulation, wild salmon shall be that
competent authorities of the Member States of landing are satisfied, by
means of all customs and transport documents to be provided by interested
parties, that it was caught at sea.

2. (a)

The rate of the countervailing duty applicable to the net free-at-Community
frontier price, before duty, shall be 3.8%.

(b)

The rate of the anti-dumping duty applicable to the net free-at-Community
frontier price, before duty, shall be Euro 0.32 per kilogram net product
weight. However,
including the
countervailing and anti-dumping duties, is less than the relevant Minimum
Price set out in paragraph 3, the anti-dumping duty to be collected shall be
the difference between that Minimum Price and the free-at-Community-
frontier price, including the countervailing duty.

if the free-at-Community-frontier price,

3.

For the purpose of paragraph 2, the following minimum prices shall apply
per kilogram net product weight:

Presentation of salmon

Minimum price
Euro/kg net
product weight

Taric code

Whole fish, fresh or chilled

2.925

0302 12 00*21

Gutted, head-on, fresh or chilled

Gutted, headless, fresh or chilled

Other, fresh or chilled, including “steaks”

Whole fish, frozen

Gutted, head-on, frozen

Gutted, headless, frozen

Other, frozen, including “steaks”

Whole fish fillets, more than 300 gr each, fresh or
chilled

3.25

3.65

3.65

0302 12 00*22

0302 12 00*23

0302 12 00*29

2.925

0303 22 00*21

3.25

3.65

3.65

5.19

0303 22 00*22

0303 22 00*23

0303 22 00*29

0304 10 13*21

6

Other fish fillets or fillet portions, 300 gr or less each,
fresh or chilled

Whole fish fillets, more than 300 gr each, frozen

Other fish fillets or fillet portions, weighing 300 gr or
less each, frozen

6.55

5.19

6.55

0304 10 13*29

0304 20 13*21

0304 20 13*29

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 FROM WHICH UNDERTAKINGS ARE ACCEPTED AND THUS
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
24
26
27
31
32
33
35
36
39
41
42
43
44
46
47
48
50
51
52
58
60
61
62
66
67
72

Rosfjord Seafood AS
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 AS
Euronor AS
Fiskeforsyningen AS
Fjord Aqua Group AS
Fjord Trading Ltd. AS
Fossen AS
Fresh Atlantic AS
Fresh Marine Company AS
Grieg Seafood AS
Haafa fisk AS
Hallvard Lerøy AS
Atlantis Filetfabrikk AS
Hydro Seafood Norway AS
Hydrotech-gruppen AS
Inter Sea AS

8

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
8148
8149
8300
8302
8303
8304
8159
8428
8174

UT No

Company Name

Taric
additional
Code

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
141
142
144

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
Frionor AS
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

9

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
8248
8251
8254

UT No

Company Name

Taric
additional
Code

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
199
200
201

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
Emborg Foods Norge AS
Helle Mat AS
Norsea Food AS

10

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
A157
A158
A159

UT No

Company Name

202
203

Salmon Company Fjord Norway AS
Stella Polaris AS

Taric
additional
Code

A160
A161

11