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: 2002-02-05
Institutions: European Commission
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 05.02.2002
COM(2002) 57 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

Definitive anti-dumping and countervailing duties were imposed on farmed Atlantic
salmon  originating  in  Norway  by  Council  Regulations  (EC)  No  1890/97  and
1891/97. 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.

At  the  same  time  as  definitive  duties  were  imposed,  individual  price  undertakings
were  also  accepted  from  190  Norwegian  exporters  by  Commission  Decision
97/634/EC.  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  reports  of
their sales to the Community.

Due  to  the  late  receipt  of  one  such  sales  report,  a  breach  of  the  terms  of  the
undertaking  offered  by  a  Norwegian  company,  Gje-Vi  AS,  was  deemed  to  have
occurred. Acceptance of this company's undertaking was therefore withdrawn by the
Commission  by  Regulation  (EC)  No  651/98,  with  definitive  anti-dumping  and
countervailing duties imposed in its place by Council Regulation (EC) No 772/98.

Gje-Vi  AS  subsequently  made  a  satisfactory  request  for  a  partial  interim  review
pursuant to Article 11 (3) of the Basic Anti-Dumping Regulation and Article 19 (1)
of the Basic Anti-Subsidy Regulation on the grounds that there had been a significant
change  in  circumstances  since  the  imposition  of  duties  against  its  exports  to  the
Community.

A  Notice  of  initiation  of  a  partial  interim  review  was  therefore  published  in  July
2001.  The  review  was  limited  in  scope  to  an  examination  of  whether  a  new
undertaking could be accepted from this company.

It is the finding of the Commission's investigation that the offer of a new undertaking
from the company concerned is acceptable.

Accordingly,  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 addition, this Regulation rectifies a clerical error which occurred in the previous
Regulation amending the measures on farmed Atlantic salmon originating in Norway
(Regulation (EC) No 1677/2001).

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 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 Community3, and in
particular Article 19(1) thereof,

Having  regard  to  the  proposal  submitted  by  the  Commission  after  consulting  the  Advisory
Committee,

Whereas:

A.PROCEDURE

(1)

(2)

1

2

3

4

5

6

7

Definitive  anti-dumping  and  countervailing  duties  were  imposed  on  farmed  Atlantic
salmon  originating  in  Norway  by  Council  Regulations  (EC)  No  1890/974  and
1891/975. 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
772/19996.

At  the  same  time  as  definitive  duties  were  imposed,  individual  price  undertakings
were  also  accepted  from  190  Norwegian  exporters  by  Commission  Decision
97/634/EC7.  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 reports of their
sales to the Community.

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 L 267, 30.9.1997, p.1.
OJ No L 267, 30.9.1997, p.19.
OJ No L 101, 16.4.1999, p.1. Regulation as last amended by Regulation (EC) No 1677/2001 (OJ L 227,
23.8.2001, p.15).
OJ  No  L  267,  30.9.1997,  p.81.  Decision  as  last  amended  by  Decision  2001/644/EC  (OJ  L  227,
23.8.2001, p.49).

3

                                                
(3)

(4)

(5)

(6)

(7)

(8)

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  651/988,  with  definitive  anti-
dumping  and  countervailing  duties  imposed  in  its  place  by  Council  Regulation  (EC)
No 772/989.

B. REQUEST FOR A REVIEW

Gje-Vi AS (hereafter the "Applicant"), subsequently made a satisfactory request for a
partial  interim  review  pursuant  to  Article  11(3)  of  Regulation  (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  against  its  exports  to  the
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 effective
and practicable.

A  Notice  of  initiation  of  a  partial  interim  review  was  published  accordingly10.  It
should be noted in this regard that the review was limited in scope to an examination
of whether a new undertaking can be accepted from the Applicant.

C. REVIEW INVESTIGATION

1.1

Product concerned

The  product  concerned  is  farmed  Atlantic  salmon  originating  in  Norway  currently
classifiable 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,
0302 22 00 22, 0303 22 00 23 and 0302 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).

1.2

Parties concerned by the investigation

The  Applicant,  the  representative  associations  of  producers  in  Norway  and  the
Community,  importers  in  the  Community  and  the  authorities  in  Norway  were
officially  advised  of  the  initiation  of  the  review.  All  the  parties  directly  concerned
were  given  the  opportunity  to  make  their  views  known  in  writing  and  to  request  a
hearing.

(9)

The Applicant was  sent  a questionnaire  and submitted  a  reply  within  the  time  limits
specified. A verification visit was subsequently carried out at its premises in Norway.

8

9

10

OJ No L 88, 24.3.1998, p.31.
OJ No L 111, 9.4.1998, p.10.
OJ No C 188, 4.7.2001, p.11.

4

                                                
D. FINDINGS OF THE INVESTIGATION

(10)

(11)

(12)

(13)

The investigation showed that the Applicant has a different management structure and
is now better organised than it was in 1998 when poor internal coordination and lack
of personnel who  were able  to deal with the  obligations imposed by the  undertaking
were the reason for the breach.

The company's accounting staff are aware of type and level of information that would
be required for the quarterly sales reports as well as the need to submit the reports in
due time and there are no reasons for supposing that the same error would occur again.

Furthermore, the company now has a good computerised accounting system which can
the
accommodate  the  software  necessary  for  the  quarterly  sales  reports 
Commission.

to 

Importantly,  also,  the  personnel  who  are  now  involved  in  selling  the  product
concerned to the Community are aware that a strict system of minimum import prices
applies  (and  they  also  know  the  price  levels  below  which  farmed  Atlantic  salmon
cannot  be  sold).  There  are  no  indications  or  grounds  for  believing  that  the  company
would  not  observe  the  terms  of  the  undertaking  vis-à-vis  the  applicable  minimum
import prices.

(14)

In view of the foregoing and the changed circumstances which have occurred since the
imposition of definitive anti-dumping and countervailing duties against the company,
the offer of an undertaking from Gje-Vi AS is considered acceptable.

(15)

In  this  regard,  the  undertaking  has  been  formally  accepted  by  Commission  Decision
2001/…./EC11).

E. CORRIGENDUM TO REGULATION (EC) No 1677/2001

(16) During publication of Regulation 1677/200112, the last amendment to Regulation (EC)
No  772/1999,  the  name  of  the  Norwegian  company,  Janas  A/S  (UT  No  1/75,  Taric
Additional  Code  8177)  was  inadvertently  omitted  from  the  list  of  companies  from
which undertakings are accepted and thus exempted from the definitive anti-dumping
and countervailing duties.

(17) Accordingly, the name of this company should be added back into the aforementioned

list.

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

(18)

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,

11

12

OJ No , ……
OJ L 227, 23.8.2001, p.15.

5

                                                
HAS ADOPTED THIS REGULATION:

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

Article 1

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

Article 2

The insertion of Janas A/S into the Annex to Regulation (EC) No 772/1999 shall apply with
effect from 24 August 2001.

Article 3

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

Done at Brussels,

For the Council
The President

6

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
56
58
61
62
66
67
72
75
76
77

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
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

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
8153
8300
8303
8304
8159
8428
8174
8177
8178
8179

UT No

Company Name

Taric
additional
Code

79
80
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

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
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

8

8181
8182
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

UT No

Company Name

Taric
additional
Code

155
156
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

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
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

8266
8267
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