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
Date: 2001-06-28
Institutions: European Commission
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28.06.2001
COM(2001) 353 final

Proposal for a

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(presented by the Commission)

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By  Regulation  (EC)  No  772/1999  (as  last  amended  by  Regulation  (EC)  No
2606/2000), 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
last  amended  by  Decision
price  undertaking  (cf  Decision  97/634/EC,  as 
2000/744/EC).  These  companies  are  listed  in  the  Annexes  to  the  aforementioned
Regulation and Decision.

The  undertakings  oblige  the  companies  concerned  to,  LQWHU(cid:3) DOLD,  charge  certain
minimum  prices  for  exports  of  the  product  concerned  to  the  Community  and  to
provide quarterly reports to the Commission of such sales.

During a series of visits in November 2000 to the premises of Norwegian companies
with undertakings to verify the data provided on their sales reports, the Commission
found that one of the exporters being visited had breached its undertaking.

Definitive  anti-dumping  and  countervailing  duties  should  therefore  be  imposed
forthwith against the company concerned.

A request has been received from a Norwegian company to change its name on the
list of companies from which undertakings are accepted and on the list of companies
benefiting  from  an  exemption  to  the  duties.  Two  other  companies  advised  the
Commission  that  their  ownership  and  names  had  changed  and  asked  that  the  same
lists  of  companies  be  modified  accordingly.  The  requests  have  been  examined  and
are  all  considered  acceptable  since  the  modifications  do  not  entail  any  substantive
changes which would call for a re-assessment of dumping and subsidisation.

The Commission was also advised that two Norwegian companies with undertakings
had ceased trading and had been wound up, or were in the process of being wound
up. In addition, another company advised the Commission that it wished to withdraw
its undertaking voluntarily.

Accordingly, in view of all the above, it is necessary to amend the list of companies
in the Annex to Regulation (EC) No 772/1999 which benefit from an exemption to
the anti-dumping and countervailing duties.

In  parallel,  the  Commission  is  amending  the  Annex  to  Decision  97/634/EC  which
lists the companies from which undertakings are accepted.

1.

2.

3.

4.

5.

6.

7.

8.

9.

2

Proposal for a

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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 2238/20002, 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:

$(cid:17)(cid:3)35(9,286(cid:3)352&(’85(

(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
by Council Regulations (EC) No 1890/976 and 1891/977 in September 1997 in order to
eliminate the injurious effects of dumping and subsidisation.

In parallel, by Decision 97/634/EC8, the Commission also accepted undertakings from
190  Norwegian  exporters  and  imports  of  farmed  Atlantic  salmon  originating  in

OJ No L 56, 6.3.1996, p.1.
OJ No L 257, 11.10.2000, p.2 .
OJ No L 288, 21.10.1997, p.1.
OJ No C 253, 31.8.1996, p.18.
OJ No C 253, 31.8.1996, p.20.
OJ No L 267, 30.9.1997, p.1
OJ No L 267, 30.9.1997, p.19

3

                                                
Norway exported to the Community by these companies were exempted from the anti-
dumping and countervailing duties by Article 1(2) of those Regulations.

(4)

The  form  of  the  duties  was  later  reviewed  and  Regulations  (EC)  No  1890/97  and
1891/97 were replaced by Regulation (EC) No 772/19999.

%(cid:17)(cid:3))$,/85((cid:3)72(cid:3)&203/<(cid:3):,7+(cid:3)7+((cid:3)81’(57$.,1*

(5)

(6)

(7)

(8)

(9)

The  undertakings  offered  by  the  Norwegian  companies  oblige  them,  LQWHU(cid:3) DOLD,  to
charge  certain  minimum  prices  when  they  export  the  product  concerned  to  the
Community and to provide detailed quarterly reports to the Commission of such sales.

During  a  series  of  visits  in  November  2000  to  the  premises  of  several  Norwegian
companies with undertakings to verify the data appearing on their sales reports, it was
found that one of the exporters visited, Haafa Fish AS (UT No 1/60, Taric Additional
Code  8302, "Haafa  fisk  AS"),  had breached its undertaking by  providing  misleading
information regarding certain sales and not respecting the minimum import prices.

The  Commission’s  findings  in  this  respect  are  set  out  more  fully  in  Commission
Decision 2001/

/EC10

As acceptance of the undertaking has been withdrawn by the Commission, definitive
anti-dumping  and  anti-subsidy  duties  should  be  imposed  forthwith  against  the
company concerned.

&(cid:17)(cid:3)&+$1*(6(cid:3)2)(cid:3)1$0((cid:3)$1’(cid:3)2:1(56+,3

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  re-organised  and  that  another  company
within  the  group  was  now  responsible  for  exports  to  the  Community.  The  company
therefore requested that its name be replaced by that of the related company on the list
of  companies  from  which  undertakings  are  accepted  in  the  Annex  to  Decision
97/634/EC.

(10)

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.

(11) Having verified the nature of the requests, the Commission considered that they are all
acceptable since the modifications did not entail any substantive changes which would
affect the assessment of dumping or subsidisation. Nor do these changes affect any of
the considerations on which the acceptance of the undertaking was based.

8

9

10

OJ  No  L  267,  30.9.1997,  p.  81.  Decision  as  last  amended  by  Decision  2000/744/EC,  OJ  No  L  301,
30.11.2000, p.82
OJ No L 101, 16.4.1999, p.1. Regulation as last amended by Regulation (EC) No 2606/2000, OJ No L
301, 30.11.2000, p.61
OJ No L [number], [date], p. [page]

4

                                                                                                                                                        
(12) Consequently, the Decision referred to at recital (7) above changes the names of 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  on  the  list  of  companies  from  which  undertakings  are  accepted  in  the
Annex to Decision 97/634/EC.

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(13)

(14)

(15)

The Commission was also advised that two Norwegian companies with undertakings,
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) had recently ceased trading and had
been wound up, or were in the process of being wound up. Accordingly, the names of
these  companies  have  been  deleted  from  the  list  of  companies  from  which
undertakings are accepted in the Annex to Decision 97/634/EC.

((cid:17)(cid:3)92/817$5<(cid:3):,7+’5$:$/(cid:3)2)(cid:3)$1(cid:3)81’(57$.,1*

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
undertaking. Accordingly, the name of this company has been deleted from the list of
companies  from  which  undertakings  are  accepted  in  the  Annex  to  Decision
97/634/EC.

In view, however, of the voluntary nature of the withdrawal, 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.

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(16)

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 accordingly,

HAS ADOPTED THIS REGULATION:

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

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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  codes:  0302  12  00*21,  0302  12  00*22,  0302  12  00*23  and  0302  12
00*29), ex 0303 22 00 (Taric codes: 0303 22 00*21, 0303 22 00*22, 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 Haafa Fish AS.

5

(b)
These  duties  shall  not  apply  to  wild  Atlantic  salmon  (Taric  codes:  0302  12
00*11, 0304 10 13*11, 0303 22 00*11 and 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%.

(b)

The rate  of  the  anti-dumping  duty  applicable  to  the  net  free-at-Community  frontier
price, before duty, shall be Euro 0.32 per kilogram net product weight. However, if
the free-at-Community-frontier price, 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  that  Minimum  Price
and the free-at-Community-frontier price, including the countervailing duty.

3.

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

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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 or less each,
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

6

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This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the
2IILFLDO(cid:3)-RXUQDO(cid:3)RI(cid:3)WKH(cid:3)(XURSHDQ(cid:3)&RPPXQLWLHV.

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

Done at Brussels,

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7

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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
39
41
42
43
44
46
47
48
50
51
52
58
61
62
66
67
72
75
76
77
79

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
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

8

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
8148
8149
8300
8303
8304
8159
8428
8174
8177
8178
8179
8181

UT No

Company Name

Taric
additional
Code

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
137
140
141
142
144
145
146
147
148
151
153
154

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
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

9

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
8242
8247
8248
8251
8254
8256
8257
8258
8259
8262
8264
8265

UT No

Company Name

Taric
additional
Code

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

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

10

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