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: 2001-07-23
Institutions: European Commission
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.7.2001
COM(2001) 421 final

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

(presented by the Commission)

1.

2.

3.

4.

5.

6.

7.

8.

9.

EXPLANATORY MEMORANDUM

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

Two of these Norwegian companies have not, however, respected the terms of their
undertaking with regard to submitting to the European Commission within a
prescribed period, a quarterly report of their sales to the European Community of the
product concerned. Having established that the companies failed to comply with this
obligation, the Commission is withdrawing acceptance of their undertakings.

Definitive anti-dumping and countervailing duties should therefore be imposed
against the two companies concerned.

Two other Norwegian companies have claimed that they are “new exporters” within
the meaning of the basic anti-dumping Regulation and have offered undertakings.
Having investigated the matter, the offers of undertakings are considered acceptable
by the Commission.

Following the re-organisation of its activities, a Norwegian exporter requested that
its name be replaced by that of a related company on the list of companies from
which undertakings have been accepted. Two other Norwegian exporters advised the
Commission that their names had changed and requested that list of companies from
which undertakings have been accepted be amended 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-
the
assessment of dumping and subsidisation, nor do they affect any of
considerations on which the acceptance of the undertaking was based.

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.

2

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

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:

(1)

(2)

(3)

1

2

3

4

5

6

7

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A. PREVIOUS PROCEDURE

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 to this, by Decision 97/634/EC8, the Commission accepted undertakings
from 190 Norwegian exporters and imports of farmed Atlantic salmon originating in
Norway ("the product concerned") exported to the Community by these companies
were exempted from the said anti-dumping and countervailing duties.

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
OJ No L 267, 30.9.1997, p. 81. Decision as last amended by Decision …EC No… , OJ No [number],
[date], p. [page]

3

(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.

(5)

(6)

(7)

(8)

(9)

B. FAILURE TO COMPLY WITH THE UNDERTAKING

The undertakings offered by the Norwegian companies oblige them, inter alia, to
provide the Commission with detailed quarterly reports of
their sales to the
Community of the product concerned. These reports should be received by the
Commission no later than 30 days after the end of the quarter in question.

For the fourth quarter of 2000, two Norwegian companies, Marstein Seafood AS (UT
No 1/93, Taric Additional Code 8197) and Westmarine AS (UT No 1/192, Taric
Additional Code 8625), failed to present their sales reports within the prescribed time
limit, offering no explanation whatsoever for this failure. The Commission's findings
in this respect are set out more fully in Commission Decision 2001/... ../EC.10

As breaches of the undertakings are found to have occurred, acceptance of the
undertakings has been withdrawn by the Commission. Definitive anti-dumping and
anti-subsidy duties should therefore be imposed forthwith against the two companies
concerned.

C. NEW EXPORTER AND CHANGES OF NAME

Two Norwegian companies, Atlantis AS and Cape Fish AS, claimed that they are
“new exporters” within the meaning of 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, and have offered undertakings. Having investigated the
the applicants fulfilled the conditions for being
matter,
considered as new exporters and, accordingly, the undertakings offered have been
accepted by the Commission. The exemption to the anti-dumping and countervailing
duties should therefore be extended to these companies.

it was established that

A Norwegian exporter with an undertaking advised the Commission that the group of
companies to which it belongs had been re-organized and that another company within
the group was now responsible for exports to the Community. The company therefore
requested that its name be replaced on the list of companies from which undertakings
are accepted in the Annex to Decision 97/634/EC and on the list of companies which
benefit from an exemption to the anti-dumping and countervailing duties in the Annex
to Regulation (EC) No 772/1999.

(10)

Two other exporters advised the Commission that their names had changed and also
requested that the lists of companies mentioned in the previous recital be amended.

(11) Having verified the nature of these requests, the Commission considered them all to
acceptable since the changes do not entail any substantive changes requiring a re-
assessment of dumping, nor do they affect any of the considerations on which the
acceptance of the undertaking was based. The Commission’s findings in this respect
are set out more fully in Commission Decision 2001/.. ../EC.

9

10

OJ No L 101, 16.4.1999, p.1. Regulation as last amended by Regulation (EC) No .., OJ No [number],
[date], p. [page]
OJ No L [number], [date], p. [page]

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D. AMENDMENT OF THE ANNEX TO REGULATION (EC) NO 772/1999

(12)

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 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, 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 Marstein Seafood AS or Westmarine AS.

(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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Presentation of salmon

Minimum price
Euro/kg net
product weight

Taric code

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

Article 3

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

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

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

Done at Brussels,

For the Council
The President

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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
51
52
58
61
62
66
67
72
76
77
79
80

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
Joh. H. Pettersen AS
Johan J. Helland AS
Karsten J. Ellingsen AS
Kr Kleiven & Co. AS

7

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
8178
8179
8181
8182

UT No

Company Name

Taric
additional
Code

82
83
85
87
92
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
155
156

Labeyrie Norge AS
Lafjord Group AS
Leica Fiskeprodukter
Lofoten Seafood Export AS
Marine 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
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

8

8184
8185
8187
8188
8196
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
8266
8267

UT No

Company Name

Taric
additional
Code

8268
8269
8271
8272
8273
8275
8276
8278
8279
8283
8285
8286
8287
8289
8294
8298
8317
8322
8323
8324
8102
A033
A034
A035
A036
A049
A050
A157
A158
A159
A160
A161
A205
A206
A257
A258

157
158
160
161
162
164
165
167
168
172
174
175
176
178
180
182
183
188
189
190
191
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207

Seaco AS
Seacom AS
Seafood Farmers of Norway Ltd AS
Seanor AS
Sekkingstad AS
Sirena Norway AS
Kinn Salmon AS
Fjord Seafood Sales AS
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
F.Uhrenholt Seafood Norway AS
Mesan Holding 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
Atlantis AS
Cape Fish AS

9