2002/157/EC: Commission Decision of 5 February 2002 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(2002) 389)
Date: 2002-02-05
Institutions: European Commission
Subjects: Norway, anti-dumping legislation, export subsidy, fish, fish farming, originating product

L 51/32

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Official Journal of the European Communities

22.2.2002

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 5 February 2002

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(2002) 389)

(2002/157/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 and Article 11(3) 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 and Article 19(1) thereof,

After consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

Definitive anti-dumping and countervailing duties were
imposed on farmed Atlantic salmon originating in
Norway 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, later reviewed, with
both regulations being replaced by Council Regulation
(EC) No 772/1999 (6), as last amended by Regulation
(EC) No 1677/2001 (7).

(2)

At the same time as definitive duties were imposed,
individual price undertakings were also accepted from
190 Norwegian exporters by Commission Decision 97/

(3)

(4)

(5)

as

last

634/EC (8),
amended by Decision 2001/
644/EC (9). By offering undertakings, the companies all
agreed to respect certain minimum import prices for
their sales of
farmed Atlantic salmon originating in
Norway and to provide the Commission, within due
deadlines, periodic
to the
reports of
Community.

their

sales

However, due to the late receipt by the Commission of
one such sales report
from the Norwegian exporter
Gje-Vi AS, a breach of the terms of the company's
undertaking was deemed to have occurred. Acceptance
of this company's undertaking was withdrawn by the
Commission by Regulation (EC) No 651/98 (10), with
definitive
duties
imposed in its place by Council Regulation (EC) No
772/98 (11).

countervailing

anti-dumping

and

B. REQUEST FOR A REVIEW

Gje-Vi AS subsequently made a satisfactory request for a
partial interim review pursuant to Article 11(3) of Regu-
lation (EC) No 384/96 and Article 19(1) of Regulation
(EC) No 2026/97.

The request contained sufficient evidence of a significant
change in circumstances which had occurred since the
imposition of duties
to the
against
Community. The company therefore wished to offer
again a price undertaking and submitted that, in view of
these changes, such an undertaking would be both effec-
tive and practicable.

exports

its

(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 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.
(7) OJ L 227, 23.8.2001, p. 15.

(8) OJ L 267, 30.9.1997, p. 81.
(9) OJ L 227, 23.8.2001, p. 49.
(10) OJ L 88, 24.3.1998, p. 31.
(11) OJ L 111, 9.4.1998, p. 10.

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Official Journal of the European Communities

L 51/33

A Notice of initiation of a partial interim review was
published accordingly (1).
It should be noted in this
regard that the review was limited in scope to an exam-
ination of whether a new undertaking can be accepted
from the company concerned.

omitted from the list of companies from which under-
takings are accepted.

(14) Accordingly, the name of this company should be added

back into the aforementioned list.

E. AMENDMENT OF THE ANNEX TO DECISION

97/634/EC

(15)

(16)

In view of all the above and for the sake of clarity, an
updated version of the Annex to Decision 97/634/EC is
published herewith, showing all the exporters whose
undertakings are currently in force.

In parallel to this Decision, the Council, by Regulation
(EC) No 322/2002 has extended the exemption to the
anti-dumping and countervailing duties to Gje-Vi AS
and corrected the error concerning Janas A/S by
amending the Annex to Regulation (EC) No 772/1999,

HAS DECIDED AS FOLLOWS:

Article 1

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

Article 2

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

Article 3

The insertion of Janas A/S into the Annex to Decision 97/
634/EC shall apply with effect from 24 August 2001.

Done at Brussels, 5 February 2002.

For the Commission

Pascal LAMY

Member of the Commission

(6)

(7)

(8)

(9)

C. ACCEPTANCE OF THE UNDERTAKING

Details of the procedural aspects and findings of the
review investigation are set out fully in Council Regula-
tion (EC) No 322/2002 (2).

It is the conclusion of the investigation that the circum-
stances of Gje-Vi AS have indeed changed since the
imposition of anti-dumping and countervailing duties
against it and that the new undertaking offered by the
company can be accepted.

In this regard, the undertaking now offered by Gje-Vi AS
is identical to those previously accepted from Norwegian
companies exporting farmed Atlantic salmon originating
in Norway. The company has agreed to respect the
minimum import prices laid down therein and to
provide the Commission with regular and detailed infor-
mation concerning its exports to the Community, within
specified time limits.

(10) As the undertaking can be monitored effectively by the
Commission, and it eliminates the injurious effects of
is considered
dumping and subsidisation,
the
acceptable. The company has been informed of
essential
facts, considerations and obligations upon
which this acceptance is based.

the offer

(11)

(12)

The name of Gje-Vi AS should therefore be added to the
list of companies from which undertakings are accepted
in the Annex to Decision 97/634/EC.

The Advisory Committee has been consulted in this
regard and has raised no objections.

D. CORRIGENDUM TO DECISION 2001/644/EC

(13) During publication of Commission Decision 2001/
644/EC (3), the last amendment to Decision 97/634/EC,
the name of the Norwegian company, Janas A/S (UT No
1/75, TARIC Additional Code 8177) was inadvertently

(1) OJ C 188, 4.7.2001, p. 11.
(2) See page 1 of this Official Journal.
(3) OJ L 227, 23.8.2001, p. 49.

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Official Journal of the European Communities

22.2.2002

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

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

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

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Official Journal of the European Communities

L 51/35

UT No

Company name

TARIC
additional
code

52

56

58

61

62

66

67

72

75

76

77

79

80

82

83

85

87

92

96

98

100

101

104

105

107

108

111

112

113

114

115

Fresh Marine Company AS

Gje-Vi 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

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

8149

8153

8300

8303

8304

8159

8428

8174

8177

8178

8179

8181

8182

8184

8185

8187

8188

8196

8200

8202

8206

8207

8210

8211

8213

8214

8217

8218

8223

8227

8228

L 51/36

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Official Journal of the European Communities

22.2.2002

UT No

Company name

TARIC
additional
code

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

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

Seaco AS

Seacom AS

Seafood Farmers of Norway Ltd AS

Seanor AS

Sekkingstad AS

Sirena Norway AS

Kinn Salmon AS

Fjord Seafood Sales AS

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

22.2.2002

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Official Journal of the European Communities

L 51/37

UT No

Company name

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

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

TARIC
additional
code

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