2000/744/EC: Commission Decision of 30 October 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) 3150)
Date: 2000-10-30
Institutions: European Commission
Subjects: Norway, anti-dumping legislation, export subsidy, fish, import, originating product

L 301/82

EN

Official Journal of the European Communities

30.11.2000

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 30 October 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) 3150)

(2000/744/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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:

subsidisation (see Council Regulations (EC) No 1890/
97 (6) and 1891/97 (7).

(3)

that

However, at the same time, the Commission accepted
undertakings from 190 Norwegian exporters, which
meant
farmed Atlantic salmon originating in
Norway exported by these companies was exempted
from the anti-dumping and countervailing duties (see
Decision 97/634/EC (8) as last amended by Decision
2000/522/EC (9)).

(4) Whilst 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 was later
reviewed and replaced by Regulation (EC) No 772/
1999 (10), as last amended by Regulation (EC) No 1783/
2000 (11).

A. PREVIOUS PROCEDURE

B. NEW EXPORTERS

(1)

(2)

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

proceeding (4)

and

an

These proceedings resulted in anti-dumping and coun-
tervailing duties being imposed in September 1997 in
order to eliminate the injurious effects of dumping and

(5)

Subsequent to the imposition of definitive anti-dumping
and countervailing duties, two Norwegian companies
have made themselves known to the Commission,
claiming to be new exporters and requested, in accord-
ance with 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,
that the exemption to the duties be extended to them.

(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. 1.
(7) OJ L 267, 30.9.1997, p. 19.
(8) OJ L 267, 30.9.1997, p. 81.
(9) OJ L 208, 18.8.2000, p. 47.
(10) OJ L 101, 16.4.1999, p. 1.
(11) OJ L 208, 18.8.2000, p. 1.

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Official Journal of the European Communities

L 301/83

(6)

(7)

(8)

(9)

(10)

(11)

In this regard, First Salmon AS and Norlaks A/S demon-
strated that they did not export the product concerned
to the Community during the investigation period which
led to imposition of the current anti-dumping and coun-
tervailing duties.

These companies also showed that they are not related
to any of the companies in Norway which are subject to
anti-dumping and countervailing duties and provided
evidence of having entered into an irrevocable contrac-
tual obligation to export a significant amount of the
product concerned to the Community.

The two companies have offered undertakings which are
identical to those previously offered by other Norwegian
companies exporting to the Community farmed Atlantic
salmon originating in Norway. By doing so, they have
both agreed to sell the product concerned at or above
price levels which eliminate the injurious effects of
dumping and subsidisation. The companies will also
provide the Commission with regular and detailed infor-
mation concerning their exports to the Community,
meaning that the undertakings can be monitored effec-
tively by the Commission.

The offers of undertakings are therefore considered
acceptable and, in this regard, the companies concerned
have been informed of the essential facts, considerations
and obligations upon which acceptance is based.

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

C. TRANSFER OF UNDERTAKINGS AND CHANGES OF

NAME

Certain Norwegian exporters with undertakings have
advised the Commission that the groups of companies
to which they belong have been re-organised, or that
their names have changed. 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 which under-
takings are accepted.

(13) Accordingly, the rights and obligations of the undertak-
ings accepted from Atlantis Filtfabrikk A/S, Domstein
Salmon A/S, Eurolaks A/S, Fjord Seafood Leines A/S and
Namdal Salmon A/S are transferred herewith to Fjord
Seafood Måløy, Domstein Fish A/S, Fjord Seafood ASA,
Fjord Domstein A/S, Fjord Seafood Midt-Norge A/S
respectively.

(14) As concerns, A/S Austevoll Fiskeindustri, Nor-Fa Food
A/S and Ryfisk AS, it should be noted that these compa-
nies have changed their names to Austevoll Eiendom AS,
Nor-Fa Fish A/S and Hydro Seafood Rogaland AS
respectively.

D. AMENDMENT OF THE ANNEX TO DECISION

97/634/EC

(15)

(16)

(17)

In view of the above, the list of companies from which
undertakings are accepted in the Annex to Decision
97/634/EC should be amended accordingly.

The Advisory Committee has been consulted on all of
the above changes and has raised no objections.

For the sake of clarity, however, an updated version of
the Annex to that Decision is published herewith,
showing all
the exporters whose undertakings are
currently in force,

HAS DECIDED AS FOLLOWS:

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, 30 October 2000.

(12) Having verified the nature of the requests, the Commis-
sion considers that they are acceptable since the modifi-
cations do not entail any substantive changes which
would require re-assessment of dumping.

For the Commission

Pascal LAMY

Member of the Commission

L 301/84

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Official Journal of the European Communities

30.11.2000

ANNEX

LIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED

Undertaking 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

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

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

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Official Journal of the European Communities

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Undertaking 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

Fjord Seafood Måløy A/S

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

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

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 301/86

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Official Journal of the European Communities

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Undertaking 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

Hydro Seafood Rogaland 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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Official Journal of the European Communities

L 301/87

Undertaking 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

204

205

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

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