Council Regulation (EC) No 2606/2000 of 27 November 2000 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 2000-11-27
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

30.11.2000

EN

Official Journal of the European Communities

L 301/61

COUNCIL REGULATION (EC) No 2606/2000

of 27 November 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,

reviewed, both Regulations were replaced by Regulation
(EC) No 772/1999 (8).

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 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 (2), 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)

(4)

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 (4) in respect of imports of farmed Atlantic
salmon originating in Norway.

proceeding (3)

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
subsidisation, by means of Council Regulations (EC) No
1890/97 (5) and (EC) No 1891/97 (6).

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, by
means of Commission Decision 97/634/EC (7).

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

(1) OJ L 56, 6.3.1996, p. 1. Regulation, as last amended by Regulation

(EC) No 2238/2000, (OJ L 257, 11.10.2000, p. 2).

(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.
(5) OJ L 267, 30.9.1997, p. 1.
(6) OJ L 267, 30.9.1997, p. 19.
(7) 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).

(5)

(6)

(7)

(8)

(9)

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 Regu-
lation (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 coun-
tervailing 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 2000/744/EC (9).

Certain Norwegian exporters with undertakings have
advised the Commission that the groups of companies
to which they belong have been reorganised, 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 be amended on the list of companies from which
undertakings are accepted and the list of companies
benefiting from an exemption to the duties.

Having verified the nature of the requests, the Commis-
sion considered that the 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 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 have, by means of the abovemen-
tioned Decision, been transferred to Fjord Seafood
Måløy, Domstein Fish A/S, Fjord Seafood ASA, Fjord
Domstein A/S and Fjord Seafood Midt-Norge A/S respec-
tively.

(8) OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regula-

tion (EC) No 1783/2000, (OJ L 208, 18.8.2000, p. 1).

(9) See page 82 of this Official Journal.

L 301/62

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Official Journal of the European Communities

30.11.2000

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

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

Done at Brussels, 27 November 2000.

For the Council

The President

L. FABIUS

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Official Journal of the European Communities

L 301/63

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

ANNEX

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

L 301/64

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Official Journal of the European Communities

30.11.2000

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

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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

L 301/66

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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