2001/544/EC: Commission Decision of 26 June 2001 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(2001) 1662)
Date: 2001-06-26
Institutions: European Commission
Subjects: Norway, anti-dumping legislation, anti-subsidy proceeding, fish farming, import, sea fish

L 195/50

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Official Journal of the European Communities

19.7.2001

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 26 June 2001

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(2001) 1662)

(2001/544/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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 2238/2000 (2), and in partic-
ular 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:

These proceedings resulted in anti-dumping and coun-
tervailing duties being imposed by Council Regulations
(EC) No 1890/97 (6) and (EC) No 1891/97 (7)
in
in order to eliminate the injurious
September 1997,
effects of dumping and subsidisation.

(3)

to this, by Decision 97/634/EC (8),

the
In parallel
Commission accepted undertakings from 190 Norwe-
gian exporters and imports of farmed Atlantic salmon
originating in Norway which were exported by these
companies to the Community were exempted from the
said anti-dumping and countervailing duties.

(4)

The form of the duties was later reviewed and Regula-
tions (EC) No 1890/97 and (EC) No 1891/97 were
replaced by Regulation (EC) No 772/1999 (9).

A. PREVIOUS PROCEDURE

(5)

(1)

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-dumping
anti-subsidy
proceeding (5) in respect of imports of farmed Atlantic
salmon originating in Norway.

proceeding (4)

and

an

B. FAILURE TO COMPLY WITH THE UNDERTAKING

The undertakings offered by the Norwegian companies
oblige them, inter alia, to export the product concerned
to the Community at or above certain minimum price
levels (‘MIPs’) laid down in the undertaking. These MIPs,
which eliminate the injurious effects of dumping, are
applicable to different ‘presentations’ or categories of
salmon (e.g. ‘gutted fish, head off’, ‘gutted fish, head on’
etc.).

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(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. Decision as last amended by Decision

2000/744/EC, OJ L 301, 30.11.2000, p. 82.

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

tion (EC) No 2606/2000, OJ L 301, 30.11.2000, p. 61.

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Official Journal of the European Communities

L 195/51

(6)

The companies are also obliged to provide the Commis-
sion with regular and detailed information concerning
their sales to the Community in a quarterly report of all
sales transactions of farmed Atlantic salmon sold by
them (or
in the
Community), to unrelated customers in the Community.

related importers

any of

their

(7) Without prejudice to its right to revoke the undertaking
pursuant to Article 8(10) of Council Regulation (EC) No
384/96, the Commission performs on-the-spot verifica-
tion visits at the premises of selected companies on a
regular basis in order to determine the veracity and
accuracy of the information provided in these quarterly
reports. In this regard, visits were made in November
2000 to several exporters in Norway.

(8)

(9)

(10)

(11)

(12)

‘Haafa fisk AS’),

At one company visited, Haafa Fish AS (UT No 1/60,
TARIC additional code 8302,
it was
found that for the first and third quarters of 2000 the
net weighted average sales prices for ‘presentation f’ (i.e.
‘whole fish fillets exceeding 300 g in weight’) was signif-
icantly below the MIP fixed in clause C.3 of the under-
taking. In addition the net weighted average sales price
for ‘presentation b’ (i.e. ‘gutted fish, head on’) during the
third quarter of 2000 was also well below the MIP
stipulated in the undertaking.

Haafa Fish AS had also reported to the Commission
several consignments of salmon apparently sold to a
company in Denmark, however, the visit showed that
Haafa Fish AS had prepared the invoices for these
consignments on behalf of another Norwegian company
which did not have an undertaking accepted by the
Commission.

In respect of these transactions, it was found that Haafa
Fish AS did not actually pay the supplier in Norway for
the goods, nor did it receive payment for them from the
company in the Community. It was stated that payment
for
the
Community importer direct to the supplier in Norway,
with Haafa Fish AS receiving what was effectively a
commission from the supplier.

shipments was made

instead by

these

It is considered that this type of business practice is
imposed by the
incompatible with the obligations
undertaking since the benefit of the undertaking is only
intended to cover exports made by Haafa Fish AS and
not third parties from whom the Commission has not
accepted an undertaking. In addition, Haafa Fish AS does
not know how much was actually paid by the importer
to the supplier and cannot therefore even be certain that
the amount paid was at or above the MIP.

that

follows

It
in submitting quarterly undertaking
reports of ‘sales’ to the Community which were not
made by it, but by another exporter, and which did not
necessarily reflect the real value of the underlying finan-
cial transactions, the company made false representa-

tions and misled the Commission with regard to its true
function as the exporter capable of respecting the under-
taking granted in its favour, and also as to the true
nature and price level of certain sales, contrary to the
requirements of the undertaking.

In view of this and the price violations set out in recital,
the Commission concludes that a breach of the under-
the
taking has occurred. Accordingly, acceptance of
undertaking offered by Haafa Fish AS should be with-
drawn and definitive anti-dumping and countervailing
duties imposed against it.

The company was informed of the essential facts and
considerations on the basis of which it was intended to
recommend the imposition of definitive antidumping
and countervailing duties against it. It was also granted a
period within which to request a hearing and to make
representations, however, no comments were received
within the time limit set.

(13)

(14)

C. CHANGES OF NAME AND OWNERSHIP

(15) One Norwegian exporter with an undertaking, Polar
Seafood Norway AS (UT No 1/140, TARIC additional
code 8247), advised the Commission that the group of
companies to which it belonged had been reorganised
that another company within the group, Polar Salmon
AS, was now responsible for exports to the Community.
The company therefore requested that
its name be
replaced by that of Polar Salmon AS on the list of
companies from which undertakings are accepted in the
Annex to Decision 97/634/EC.

(16)

Two other exporters, Hydro Seafood Norway AS (UT No
1/66, TARIC additional code 8159) and Hydro Seafood
Rogaland AS (UT No 1/145, TARIC additional code
8256) advised the Commission that their ownership and
names had changed, and requested that
the list of
companies from which undertakings are accepted be
amended accordingly.

(17) Having verified the nature of the requests, the Commis-
sion considers that they are all acceptable since the
modifications do not entail any substantive changes
which would affect the reassessment of dumping or
subsidisation. Nor do these changes affect any of the
considerations on which the acceptance of the under-
taking was based.

(18)

Consequently,
the names of Polar Seafood Norway,
Hydro Seafood Norway AS and Hydro Seafood Roga-
land AS should be changed to Polar Salmon AS, Marine
Harvest Norway AS and Marine Harvest Rogaland AS
respectively on the list of companies from which under-
takings are accepted in the Annex to Decision 97/634/
EC.

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Official Journal of the European Communities

19.7.2001

(19)

(20)

(21)

D. CESSATION OF TRADING BY TWO NORWEGIAN

COMPANIES

The Commission has also been advised that two Norwe-
gian companies from which undertakings were accepted,
Delfa Norge A/S (UT No 1/36, TARIC additional code
8134) and OK-Fish Kvalheim AS (UT No 1/134, TARIC
additional code 8239) recently ceased trading and have
either been wound up, or are in the process of being
wound up. This information was received in the case of
Delfa Norge A/S from the majority shareholder in the
company and, in the case of OK-Fish Kvalheim AS, from
the official liquidator. Accordingly, the names of these
two companies should be deleted from the list of
companies from which undertakings are accepted in the
Annex to Decision 97/634/EC.

E. VOLUNTARY WITHDRAWAL OF AN UNDERTAKING

Following changes in its trading patterns, Nova Sea AS
(UT No 1/130, TARIC additional code 8235), advised
the Commission that it wished to withdraw its under-
taking. Accordingly, the name of this company should
be deleted from the list of companies from which under-
takings are accepted in the Annex to Decision 97/634/
EC.

In view, however, of the voluntary nature of the with-
drawal, the company was advised that it could, if it so
wished (and subject
to certain conditions), offer an
undertaking again in the future as a new exporter in
accordance with Article 2 of Regulation (EC) No 772/
1999.

F. AMENDMENT OF THE ANNEX TO DECISION 97/

634/EC

(22)

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

(23)

(24)

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

For the sake of clarity, an updated version of the Annex
to that Decision is published herewith, showing all the
exporters whose undertakings are currently in force. In
parallel to this Decision, the Council, by Regulation (EC)
No 1469/2001 (1) has also withdrawn the exemption
from the anti-dumping and countervailing duties granted
to Haafa Fish SA, Delfa Norge A/S, OK-Fish Kvalheim
AS and Nova Sea AS and transferred the exemptions
granted to Polar Seafood Norway AS, Hydro Seafood
Norway AS and Hydro Seafood Rogaland AS to Polar
Salmon AS, Marine Harvest Norway AS and Marine
Harvest Rogaland AS respectively by amending the
Annex to Regulation (EC) No 772/1999,

HAS DECIDED AS FOLLOWS:

Article 1

The Annex to Decision 97/634/EC is 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, 26 June 2001.

For the Commission

Pascal LAMY

Member of the Commission

(1) See page 1 of this Official Journal.

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Official Journal of the European Communities

L 195/53

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

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

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

8136

8138

8139

8140

8141

8143

8144

8145

8147

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Undertaking No

Company name

TARIC additional code

51

52

58

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

Hallvard Lerøy AS

Fjord Seafood Måløy A/S

Marine Harvest Norway AS

Hydrotech-gruppen AS

Inter Sea AS

Janas A/S

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

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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Official Journal of the European Communities

L 195/55

Undertaking No

Company name

TARIC additional code

115

116

119

120

121

122

123

124

126

128

137

140

141

142

144

145

146

147

148

151

153

154

155

156

157

158

160

161

162

164

165

167

168

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

Pan Fish Sales AS

Polar Salmon AS

Prilam Norvège AS

Pundslett Fisk

Rolf Olsen Seafood AS

Marine Harvest 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

Fjord Domstein A/S

SMP Marine Produkter AS

8228

8229

8232

8233

8307

8308

8309

8312

8314

8316

8242

8247

8248

8251

8254

8256

8257

8258

8259

8262

8264

8265

8266

8267

8268

8269

8271

8272

8273

8275

8276

8278

8279

L 195/56

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Undertaking No

Company name

TARIC additional code

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

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

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