Notice of initiation of an interim review of the anti-dumping and anti-subsidy measures applicable to imports of farmed Atlantic salmon originating in Norway
Date: 2001-07-04
Institutions: European Commission
Subjects: Norway, anti-dumping measure, fish farming, import, sea fish

4.7.2001

EN

Official Journal of the European Communities

C 188/11

B. Licence agreements

42. A licence granted by the parents to the joint venture may
be considered directly related and necessary to the
implementation
applies
regardless of whether or not the licence is an exclusive
one and whether or not it is limited in time. The licence
may be restricted to a particular
field of use which
corresponds to the activities of the joint venture.

concentration. This

the

of

43. Licences granted by the joint venture to one of its parents,
or cross-licence agreements, can be regarded as directly
related and necessary to the implementation of
the
concentration under the same conditions as in the case
of
the sale of a business. Licence agreements between
the parents, however, are not considered directly related
and necessary to the implementation of a joint venture.

44. Licence

agreements which contain a

restriction on
competition but are not considered directly related and
necessary to the implementation of
the concentration
may nevertheless fall under Commission Regulation (EC)
No 240/96.

C. Purchase and supply obligations

45. If

the parent undertakings remain present

in a market
the joint venture,
upstream or downstream of
including
any
and
to the principles
distribution agreements, are subject
applicable in the case of the transfer of an undertaking.

agreements,

purchase

that of

supply

Notice of initiation of an interim review of the anti-dumping and anti-subsidy measures applicable
to imports of farmed Atlantic salmon originating in Norway

(2001/C 188/04)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1),
(EC) No
as
last
2238/2000 (2),
(the (cid:145)Basic Anti-dumping Regulation(cid:146)) and
Article 19(1) of Council Regulation (EC) No 2026/97 (3) (the
(cid:145)Basic Anti-subsidy Regulation(cid:146)) of the measures imposed on
imports of farmed Atlantic salmon originating in Norway.

by Regulation

amended

0304 10 13 29), ex 0304 20 13 (Taric codes 0304 20 13 21 and
0304 20 13 29).

3. Existing measures

1. Request for review

The request was made by the Norwegian company Gje-Vi AS
((cid:145)the Applicant(cid:146)) and is limited in scope to an examination of
the form of the anti-dumping and anti-subsidy measures, in so
far as they relate to that company.

2. Product

currently

The product concerned is farmed Atlantic salmon originating
in Norway
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 en

classifiable within

(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.

and

anti-dumping

countervailing

duties were
Definitive
imposed on the product concerned by Council Regulations
(EC) No 1890/97 (4) and (EC) No 1891/97 (5). The form of
the duties set out
in these two Regulations was, however,
reviewed, with both Regulations being replaced by
later
Council Regulation (EC) No 772/1999 (6).

also

accepted

At the same time as definitive duties were imposed, price
undertakings were
from 19 Norwegian
exporters (of which the Applicant was one), by Commission
the
Decision
companies agreed to respect certain minimum import prices
for the product concerned and to provide the Commission,
within due deadlines, periodic reports of their sales to the
Community.

97/634/EC (7).

undertakings,

offering

By

(4) OJ L 267, 30.9.1997, p. 1.
(5) OJ L 267, 30.9.1997, p. 19.
(6) OJ L 101, 16.4.1999, p. 1, as last amended by Regulation (EC) No

2606/2000 (OJ L 301, 30.11.2000, p. 61).

(7) 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).

C 188/12

EN

Official Journal of the European Communities

4.7.2001

Due to the late receipt of a sales report, a breach of the terms
of the Applicant’s undertaking was deemed to have occurred.
Acceptance thereof was withdrawn by Commission Regulation
(EC) No 651/98 (8), with definitive anti-dumping and counter-
vailing duties imposed in its place by Council Regulation (EC)
No 772/98 (9).

are hereby invited to make their views known and provide
supporting evidence.

the Commission may hear

Furthermore,
interested parties,
provided they make a request in writing and show why there
are particular reasons why they should be heard.

Any submission or request for a hearing must be made in
writing to the address mentioned below and should indicate
the
the name, address,
interested parties.

telephone numbers of

fax and/or

6. Time limit

All interested parties, if their representations are to be taken
into account
in the review, must make themselves known,
present their views in writing and submit information within
40 days from the date of publication of this notice in the
Official Journal of the European Communities. Interested parties
may also apply to be heard within the same time limit.

It is therefore in the interest of these parties to contact the
Commission without delay at the following address:

European Commission
Directorate General for Trade
Directorate C
TERV 0/24
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05.

7. Non-cooperation

In cases in which an interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
findings, affirmative or negative, may be made in accordance
with Article 18 of the Basic Anti-dumping Regulation, and
Article 28 of the basic Anti-subsidy Regulation, on the basis
of the facts available.

is found that any party has

Where it
supplied false or
misleading information, the information shall be disregarded
and use may be made of facts available.

4. Grounds for the review

The applicant has provided sufficient evidence of a significant
change in circumstances since the imposition of duties against
its exports to the Community, particularly with regard to its
internal reorganisation. The applicant now wishes to offer
again a price undertaking and submits that, in view of these
changes, such an undertaking would be effective and prac-
ticable. On this basis, the current form of the measure would
appear to be no longer necessary to effectively remove the
injurious effects of dumping and subsidisation, an undertaking
being adequate.

5. Procedure

sufficient evidence exists

the
Having determined that
interim review for Gje-Vi AS, and
initiation of a partial
the Commission
having consulted the Advisory Committee,
hereby initiates a review pursuant
the
Basic Anti-dumping Regulation and Article 19(1) of the Basic
Anti-subsidy Regulation.

to Article 11(3) of

for

This review is limited in scope to an examination of whether a
new undertaking can be accepted from this company.

(a) Questionnaire

In order to obtain the information it deems necessary, the
Commission will send a questionnaire to the Applicant.

The time limit for the receipt of the completed reply to this
questionnaire is given in point 6.

(b) Collection of information and holding of hearings

All
interested parties, provided they can show that they are
likely to be affected by the results of such an examination,

(8) OJ L 88, 24.3.1998, p. 31.
(9) OJ L 111, 9.4.1998, p. 10.