Council Regulation (EC) No 1783/2000 of 16 August 2000 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 2000-08-16
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

18.8.2000

EN

Official Journal of the European Communities

L 208/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1783/2000

of 16 August 2000

amending 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 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 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 proceeding (3) as well as an anti-subsidy
proceeding (4), 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 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.

(3)

(4)

(5)

(6)

(7)

On 26 September 1997,
the Commission adopted
Decision 97/634/EC (5), accepting undertakings offered
in connection with the two abovementioned proceeding
from the exporters listed in the Annex to the Decision
and terminating the investigation in their respect.

On the same day, the Council, by Regulations (EC) No
1890/97 (6) and 1891/97 (7) imposed anti-dumping and
farmed Atlantic
countervailing duties on imports of
salmon originating in Norway.
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.

Imports of

Regulations (EC) No 1890/97 and (EC) No 1891/97 set
out the definitive findings and conclusions on all aspects
of the investigations. The form of the duties having been
reviewed, both Regulations were replaced by Regulation
(EC) No 772/1999 (8).

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 limits, despite a
reminder sent to it 24 hours before the quarterly dead-
line. 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.

(1) OJ L 56, 6.,3.1996, p. 1. Regulation as last amended by Regulation

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

(5) OJ L 267, 30.9.1997, p. 81. Decision as last amended by Regula-

(EC) No 905/98 (OJ L 128, 30.4.1998, p. 18).

(2) OJ L 288, 21.10.1997, p. 1.
(3) OJ C 253, 31.8.1996, p. 18.
(4) OJ C 253, 31.8.1996, p. 20.

(6) OJ L 267, 30.9.1997, p. 1.
(7) OJ L 267, 30.9.1997, p. 19.
(8) 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 208/2

EN

Official Journal of the European Communities

18.8.2000

(8)

(9)

(10)

(11)

(12)

(13)

(14)

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
farmed Atlantic
should be imposed on imports of
salmon originating in Norway and exported by Fryseriet
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 and a final deter-
mination 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 thereto).

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 has to 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. Amendment of the Annex to Regulation (EC) No

772/1999

The Annex to Regulation (EC) No 772/1999 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.

In addition, by Commission Decision 2000/522/EC (1),
the Commission 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

(1) See page 47 of this Official Journal.

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) No 772/1999 should,
therefore, also be updated to take account of all these
other changes,

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

codes:

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
0302 12 00 22,
0302 12 00 21,
0302 12 00 23 and 0302 12 00 29), ex 0303 22 00
(Taric
0303 22 00 22,
0303 22 00 21,
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.

codes:

codes:

(b) These duties shall not apply to wild Atlantic salmon
(Taric
0304 10 13 11,
0302 12 00 11,
0304 20 13 11). For the purpose of this Regulation,
wild salmon shall be that
in respect of which the
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 %.

free-at-Community-frontier price,

(b) The rate of the anti-dumping duty applicable to the net
free-at-Community frontier price, before duty, shall be
EUR 0,32 per kilogram net product weight. However, if
the
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
free-at-
Community-frontier price, including the countervailing
duty.

that minimum price

and

the

18.8.2000

EN

Official Journal of the European Communities

L 208/3

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

3.
weight:

Presentation of salmon

Minimum price EUR/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

Other fish fillets or fillet portions, 300 gr, 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

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

6,55

5,19

6,55

0303 22 00 22

0303 22 00 23

0303 22 00 29

0304 10 13 21

0304 10 13 29

0304 20 13 21

0304 20 13 29

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, 16 August 2000.

For the Council

The President

H. VÉDRINE

L 208/4

EN

Official Journal of the European Communities

18.8.2000

ANNEX

‘ANNEX

List of companies from which undertakings are accepted and thus exempted from the definitive anti-dumping
and contervailing 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

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

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

18.8.2000

EN

Official Journal of the European Communities

L 208/5

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 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

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

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

L 208/6

EN

Official Journal of the European Communities

18.8.2000

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

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

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

18.8.2000

EN

Official Journal of the European Communities

L 208/7

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 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

Salmon Company Fjord Norway AS

Stella Polaris AS

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’