Proposal for a Concil Regulation amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 2000-10-30
Institutions: European Commission
Subjects: Norway, anti-dumping duty, countervailing charge, import, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.10.2000
COM(2000) 687 final

Proposal for a

COUNCIL REGULATION

amending 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.

5.

6.

EXPLANATORY MEMORANDUM

By Regulation (EC) No 772/1999 (as last amended by Regulation (EC) No
1783/2000), the Council imposed definitive anti-dumping and countervailing duties
on imports of farmed Atlantic salmon originating in Norway.

Exemptions to the duties were granted, however, when this product is exported by
one of the Norwegian exporters from which the Commission accepted an individual
amended by Decision
price undertaking (cf Decision 97/634/EC,
2000/522/EC). These companies are listed in the Annex to the aforementioned
Decision and Regulation.

last

as

Two Norwegian companies have claimed that they are “new exporters” within the
meaning of the basic anti-dumping and anti-subsidies Regulations and have offered
undertakings. Having investigated the matter, it was established that the applicants
fulfilled the conditions for being considered as newcomers. The undertakings offered
were therefore considered satisfactory and have been accepted by the Commission.

In addition, requests have been received from five other Norwegian companies with
undertakings to transfer their undertakings to related parties. Three other companies
have advised the Commission that their names have changed. The requests have been
examined and are considered acceptable since the modifications do not entail any
substantive changes which would call for a re-assessment of dumping.

In view of all these changes, it is also necessary to amend the list of companies in
Regulation (EC) No 772/1999 which benefit from an exemption to the duties.

In parallel,
accordingly.

the Commission is amending the Annex to Decision 97/634/EC

2

Proposal for a

COUNCIL REGULATION

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 Community1, as last
amended by Regulation (EC) No 905/982, 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 Community3, and in
particular Article 13 thereof ,

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

Whereas:

A. Previous procedure

(1)

(2)

(3)

1

2

3

4

5

6

7

On 31 August 1996, by means of two separate notices published in the Official Journal
of the European Communities, the Commission announced the initiation of an anti-
dumping proceeding4 and an anti-subsidy proceeding5 in respect of imports of farmed
Atlantic salmon originating in Norway.

These proceedings resulted in anti-dumping and countervailing duties being imposed
in September 1997 in order to eliminate the injurious effects of dumping and
subsidisation (cf. Council Regulations (EC) No 1890/976 and 1891/977).

However, at
the Commission accepted undertakings from 190
Norwegian exporters, which meant that farmed Atlantic salmon originating in Norway

the same time,

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.
OJ L 267, 30.9.1997, p.1
OJ L 267, 30.9.1997, p.19

3

(4)

(5)

(6)

(7)

(8)

(9)

exported by these companies was exempted from the anti-dumping and countervailing
duties (cf. Decision 97/634/EC8).

Regulations (EC) No 1890/97 and 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 772/19999.

B. New exporters, transfer of undertakings and changes of name

Two Norwegian companies have claimed that they are “new exporters” within the
meaning of Article 2 of Regulation (EC) No 772/1999 in conjunction with Article 11
(4) of Regulation (EC) No 384/96 and Article 20 of Regulation (EC) No 2026/97, and
offered undertakings, requesting exemption from the anti-dumping and countervailing
duties. Having investigated the matter, it was established that the applicants fulfilled
the conditions for being considered as new exporters and, accordingly,
the
undertakings offered have been accepted.

The Commission’s findings in this respect are set out more fully in Commission
Decision…10.

Certain Norwegian exporters with undertakings have advised the Commission that the
groups of companies to which they belong have been re-organised, or that they have
changed their names. Accordingly, they have either requested that their undertakings
be transferred to other companies within the relevant group, or that their name is
amended on the list of companies from undertakings are accepted and the list of
companies benefitting from an exemption to the duties.

the
Having verified the nature of the requests, the Commission considered that
requests are acceptable since the modifications did not entail any substantive changes
which require a re-assessment of dumping.

Accordingly, the rights and obligations of the undertakings accepted from Atlantis
Filtfabrikk A/S, Domstein Salmon A/S, Eurolaks A/S, Fjord Seafood Leines A/S and
Namdal Salmon A/S have, by means of the above mentioned Decision, been
transferred to Fjord Seafood Måløy, Domstein Fish A/S, Fjord Seafood ASA, Fjord
Domstein A/S, Fjord Seafood Midt-Norge A/S respectively.

(10) As concerns, A/S Austevoll Fiskeindustri, Nor-Fa Food A/S and Ryfisk AS, these
companies have changed their names to Austevoll Eiendom AS, Nor-Fa Fish A/S and
Hydro Seafood Rogaland AS respectively.

C. Amendment of the Annex to Regulation (EC) No 772/1999

(11)

In view of all the above, the Annex to Regulation (EC) No 772/1999 which lists the
companies exempted from the anti-dumping and countervailing duties should be
amended to take account of the changes.

8

9

10

OJ L 267, 30.9.1997, p. 81. Decision as last amended by Decision 2000/522/EC, OJ L 208, 18.8.2000,
p.47
OJ L 101, 16.4.1999, p.1. Regulation as last amended by Regulation (EC) No 1783/2000, OJ L 208,
18.8.2000, p.1
OJ L [number], [date], p. [page]

4

HAS ADOPTED THIS REGULATION:

Article 1

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

This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Communities.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council
The President

5

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
75
76

Rosfjord Seafood AS
Aqua Export A/S
Aqua Partner A/S
Arctic Group International
Artic Superior A/S
A/S Aalesundfisk
Austevoll Eiendom AS
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 Fish A/S
Ecco Fisk & Delikatesse
Edvard Johnsen A/S
Fjord Seafood ASA
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
Fjord Seafood Måløy A/S
Hydro Seafood Norway AS
Hydrotech-gruppen AS
Inter Sea AS
Janas AS
Joh. H. Pettersen AS

6

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
8177
8178

UT No

Company Name

Taric
additional
Code

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
145
146
147

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
Fjord Seafood Midt-Norge A/S
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
Hydro Seafood Rogaland AS
Rørvik Fisk-og fiskematforretning AS
Saga Lax Norge AS

7

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
8256
8257
8258

UT No

Company Name

Taric
additional
Code

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
202
203
204
205

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 Domstein A/S
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 Fish 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
First Salmon AS
Norlaks A/S

8

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
A160
A161
A205
A206