Council Regulation (EC) No 1469/2001 of 16 July 2001 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 2001-07-16
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

19.7.2001

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Official Journal of the European Communities

L 195/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1469/2001

of 16 July 2001

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,

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)

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 (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 by Council Regulations
(EC) No 1890/97 (5) and 1891/97 (6) in September 1997
in order to eliminate the injurious effects of dumping
and subsidisation.

(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.

(3)

(4)

(5)

(6)

(7)

(8)

In parallel, by Decision 97/634/EC (7), the Commission
also accepted undertakings from 190 Norwegian expor-
ters and imports of farmed Atlantic salmon originating
in Norway exported to the Community by these compa-
nies were exempted from the anti-dumping and counter-
vailing duties by Article 1(2) of those Regulations.

The form of the duties was later reviewed and Regula-
tions (EC) No 1890/97 and 1891/97 were replaced by
Regulation (EC) No 772/1999 (8).

B. FAILURE TO COMPLY WITH THE UNDERTAKING

The undertakings offered by the Norwegian companies
oblige them, inter alia, 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 under-
takings 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 2001/544/EC (9).

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.

(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).

(8) 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).

(9) See page 50 of this Official Journal.

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Official Journal of the European Communities

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C. CHANGES OF NAME AND OWNERSHIP

D. CESSATION OF TRADING

(9)

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
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.

exports

for

(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 Commis-
sion considered that they are all acceptable since the
modifications did not entail any substantive changes
which would affect the assessment of dumping or subsi-
disation. Nor do these changes affect any of the consid-
erations on which the acceptance of the undertaking was
based.

(12)

Consequently, the Commission Decision referred to at
recital 7 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 respec-
tively on the list of companies from which undertakings
are accepted in the Annex to Decision 97/634/EC.

(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 Kval-
heim 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.

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 has been
deleted from the list of companies from which undertak-
ings 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 REGULATION (EC)

No 772/1999

(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:

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

Article 1

Article 2

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,
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.

0302 12 00*29),

0302 12 00*23

ex 0303 22 00

(TARIC

and

(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.

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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 EUR 0,32 per kilogram net product weight. However, if the free-at-Community-fron-
tier 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.

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

3.
weight:

Presentation of salmon

Minimum price
(EUR/kg net product weight)

TARIC code

Whole fish, fresh or chilled

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,

included ‘steaks’

Whole fish fillets, more than 300 g each, fresh or chilled

Other fish fillets or fillet portions, 300 g or less each, fresh
or chilled

Whole fish fillets, more than 300 g each, frozen

Other fish fillets or fillets portion, weighing 300 g or less
each, frozen

2,925

3,25

3,65

3,65

2,925

3,25

3,65

3,65

5,19

6,55

5,19

6,55

0302 12 00*21

0302 12 00*22

0302 12 00*23

0302 12 00*29

0303 22 00*21

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

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

Article 3

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

Done at Brussels, 16 July 2001.

For the Council

The President

L. MICHEL

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ANNEX

‘ANNEX

LIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED AND THUS EXEMPTED FROM THE
DEFINITIVE ANTI-DUMPING AND COUNTERVAILING DUTIES

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

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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UT 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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UT 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

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UT 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’