2001/644/EC: Commission Decision of 20 July 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) 2215)
Date: 2001-07-20
Institutions: European Commission
Subjects: Norway, anti-dumping duty, anti-subsidy proceeding, fish, fish farming, import

23.8.2001

EN

Official Journal of the European Communities

L 227/49

COMMISSION DECISION

of 20 July 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) 2215)

(2001/644/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES

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:

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

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

proceeding (4)

and

an

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
September 1997,
in order to eliminate the injurious
effects of dumping and subsidisation.

In parallel to this, by Decision 97/634/EC (8), as last
amended by Decision 2000/744/EC (9), the Commission
accepted undertakings from 190 Norwegian exporters
and imports of farmed Atlantic salmon originating in

(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.
(9) OJ L 301, 30.11.2000, p. 82.

Norway (‘the product concerned’) exported to the
Community by these companies 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 1891/97 were replaced by
Regulation (EC) No 772/1999 (10), as last amended by
Council Regulation (EC) No 1677/2001 (11).

B. BREACHES OF THE UNDERTAKING

(5)

(6)

(7)

(8)

The undertakings offered by the Norwegian companies
oblige them, inter alia, to provide the Commission with
regular and detailed information 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

The text of the undertakings also provides that failure to
submit a such quarterly report within 30 days of the end
of the quarter in question would, except in case of force
majeure, be construed as a violation of the undertaking.

For the fourth quarter of 2000, two Norwegian compa-
nies, Marstein Seafood AS (UT No 1/93, TARIC addi-
tional code 8197) and Westmarine AS (UT No 1/192,
TARIC additional code 8625), failed to present their
sales reports. The companies were given in writing an
opportunity to inform the Commission of any reasons
which may have prevented their reports from being
received within the due deadline and to request hearings,
however, neither of them reacted.

As breaches of
the undertakings appeared to have
occurred, the companies were then informed in writing
of the essential facts and considerations on the basis of
which it was intended to recommend the imposition of
definitive duties against them. The companies were also
given a further opportunity to submit comments,
however, as before, neither of them reacted.

(10) OJ L 101, 16.4.1999, p. 1.
(11) See page 15 of this Official Journal.

(9)

(10)

(11)

(12)

(13)

(14)

L 227/50

EN

Official Journal of the European Communities

23.8.2001

In view of the above and in the absence of any reasons
showing that the non-receipt of the reports in question
was caused by reasons beyond their control, it is consid-
ered necessary to withdraw acceptance of the undertak-
ings offered by Marstein Seafood AS and Westmarine AS
and to impose definitive anti-dumping and counter-
vailing duties against them. Accordingly, the names of
these companies should be deleted from the Annex to
Decision 97/634/EC which lists the companies from
which undertakings are accepted.

D. CHANGES OF NAME

(16) One Norwegian exporter with an undertaking, Mesan
Seafood AS (UT No 1/194, TARIC additional code
the group of
A034), advised the Commission that
companies to which it belonged had been reorganised
that another company within the group, Mesan Holding
AS, was now responsible for exports to the Community.
The company therefore requested that
its name be
replaced by that of Mesan Holding AS on the list of
companies from which undertakings are accepted in the
Annex to Decision 97/634/EC.

C. NEW EXPORTERS

(17)

Since the original imposition of definitive anti-dumping
and countervailing duties, certain Norwegian companies
have made themselves known to the Commission,
claiming to be new exporters, and requested, in accord-
ance with Article 2 of Regulation (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,
that the exemption to the duties be extended to them.

In this regard, two such exporters, Atlantis AS and Cape
Fish AS demonstrated that they had not exported the
product concerned to the Community during the invest-
igation period which led to the current anti-dumping
and countervailing duties.

The companies also showed that they are not related to
any of the companies in Norway which are subject to
In addition,
anti-dumping and countervailing duties.
they provided evidence that they had entered into irre-
vocable contractual obligations to export a significant
amount of the product concerned to the Community.

The companies have offered undertakings which are
identical
to those previously accepted from other
Norwegian companies exporting farmed Atlantic salmon
originating in Norway. By doing so, both of them have
agreed to respect the minimum import prices laid down
therein and to provide the Commission with regular and
detailed information concerning their exports to the
Community.

the undertakings offered by the

Since
companies
concerned can be monitored effectively by the Commis-
sion, and they eliminate the injurious effects of dumping
and subsidisation, the offers are considered acceptable.
Atlantis AS and Cape Fish AS have been informed of the
essential
facts, considerations and obligations upon
which this acceptance is based.

(15)

The names of Atlantis AS and Cape Fish AS should
therefore be added to the list of companies from which
undertakings are accepted in the Annex to Decision
97/634/EC.

code 8254)

Two other exporters, Rolf Olsen Seafood AS (UT No
1/144, TARIC additional
and Fjord
Domstein A/S (UT No 1/167, TARIC additional code
8278) advised the Commission that their names had
changed to Olsen Seafood AS and Fjord Seafood Sales
AS respectively and requested that the list of companies
from which undertakings are accepted be amended
accordingly.

(18) 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 they affect any of the considera-
tions on which the acceptance of the undertaking was
based.

(19)

Consequently, the names of Mesan Seafood AS, Rolf
Olsen Seafood AS and Fjord Domstein A/S should be
changed to Mesan Holding AS, Olsen Seafood AS and
Fjord Seafood Sales AS respectively on the list of compa-
nies from which undertakings are accepted in the Annex
to Decision 97/634/EC.

(20)

(21)

(22)

(23)

E. AMENDMENT OF THE ANNEX TO DECISION

97/634/EC

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.

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 1677/2001 has also withdrawn the exemption
from the anti-dumping and countervailing duties granted
to Marstein Seafood AS and Westmarine AS, granted
exemption to those duties to Atlantis AS and Cape Fish
AS, and changed the names of Mesan Seafood AS, Rolf
Olsen Seafood AS and Fjord Domstein A/S to Mesan
Holding AS, Olsen Seafood AS and Fjord Seafood Sales
AS respectively, by amending the Annex to Regulation
(EC) No 772/1999,

23.8.2001

EN

Official Journal of the European Communities

L 227/51

HAS DECIDED AS FOLLOWS:

The Annex to Decision 97/634/EC is replaced by the Annex hereto.

Article 1

Article 2

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

Done at Brussels, 20 July 2001.

For the Commission

Pascal LAMY

Member of the Commission

L 227/52

EN

Official Journal of the European Communities

23.8.2001

ANNEX

LIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED

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

Rosfjord Seafood A/S

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 A/S

Fiskeforsyningen A/S

Fjord Aqua Group A/S

Fjord Trading Ltd A/S

Fossen A/S

Fresh Atlantic A/S

Fresh Marine Company A/S

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

23.8.2001

EN

Official Journal of the European Communities

L 227/53

UT No

Company name

TARIC
additional
code

58

61

62

66

67

72

76

77

79

80

82

83

85

87

92

96

98

100

101

104

105

107

108

111

112

113

114

115

116

119

120

121

Grieg Seafood A/S

Hallvard Lerøy A/S

Fjord Seafood Måløy A/S

Marine Harvest Norway AS

Hydrotech-gruppen A/S

Inter Sea A/S

Joh. H. Pettersen A/S

Johan J. Helland A/S

Karsten J. Ellingsen A/S

Kr Kleiven & Co. A/S

Labeyrie Norge A/S

Lafjord Group A/S

Leica Fiskeprodukter

Lofoten Seafood Export A/S

Marine Seafood A/S

Memo Food A/S

Misundfisk A/S

Naco Trading A/S

Fjord Seafood Midt-Norge A/S

Nergård A/S

Nils Williksen A/S

Nisja Trading A/S

Nor-Food A/S

Nordic Group ASA

Nordreisa Laks A/S

Norexport A/S

Norfi Produkter A/S

Norfood Group A/S

Norfra Eksport A/S

Norsk Akvakultur A/S

Norsk Sjømat A/S

Northern Seafood A/S

8300

8303

8304

8159

8428

8174

8178

8179

8181

8182

8184

8185

8187

8188

8196

8200

8202

8206

8207

8210

8211

8213

8214

8217

8218

8223

8227

8228

8229

8232

8233

8307

L 227/54

EN

Official Journal of the European Communities

23.8.2001

UT No

Company name

TARIC
additional
code

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

172

174

175

176

Nortrade A/S

Norway Royal Salmon Sales A/S

Norway Royal Salmon A/S

Frionor A/S

Norwell A/S

Pan Fish Sales A/S

Polar Salmon AS

Prilam Norvège A/S

Pundslett Fisk

Olsen Seafood AS

Marine Harvest Rogaland AS

Rørvik Fisk- og fiskematforretning A/S

Saga Lax Norge A/S

Prima Nor A/S

Sangoltgruppa A/S

Scanfood A/S

Sea Eagle Group A/S

Sea Star International A/S

Sea-Bell A/S

Seaco A/S

Seacom A/S

Seafood Farmers of Norway Ltd A/S

Seanor A/S

Sekkingstad A/S

Sirena Norway A/S

Kinn Salmon A/S

Fjord Seafood Sales AS

SMP Marine Produkter A/S

Stjermelaks A/S

Stolt Sea Farm A/S

Storm Company A/S

Superior A/S

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

8283

8285

8286

8287

23.8.2001

EN

Official Journal of the European Communities

L 227/55

UT No

Company name

178

180

182

183

188

189

190

191

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

Terra Seafood A/S

Timar Seafood A/S

Torris Products Ltd A/S

Troll Salmon A/S

Vikenco A/S

Wannebo International A/S

West Fish Norwegian Salmon A/S

Nor-Fa Fish AS

Uhrenholt Seafood Norway A/S

Mesan Holding AS

Polaris Seafood A/S

Scanfish A/S

Normarine A/S

Oskar Einar Rydbeck

Emborg Foods Norge A/S

Helle Mat A/S

Norsea Food A/S

Salmon Company Fjord Norway A/S

Stella Polaris A/S

First Salmon AS

Norlaks A/S

Atlantis AS

Cape Fish AS

TARIC
additional
code

8289

8294

8298

8317

8322

8323

8324

8102

A033

A034

A035

A036

A049

A050

A157

A158

A159

A160

A161

A205

A206

A257

A258