Council Regulation (EC) No 322/2002 of 18 February 2002 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 2002-02-18
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish, fish farming, import

22.2.2002

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 322/2002

of 18 February 2002

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 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 (2), 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)

Definitive anti-dumping and countervailing duties were
imposed on farmed Atlantic salmon originating in
Norway by Regulations (EC) No 1890/97 (3) and (EC) No
1891/97 (4). The form of the duties set out in these
two Regulations was, however,
later reviewed, with
both Regulations being replaced by Regulation (EC)
No 772/1999 (5).

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 (6). By offering undertakings, the companies all
agreed to respect certain minimum import prices for
farmed Atlantic salmon originating in
their sales of

(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 L 267, 30.9.1997, p. 1.
(4) OJ L 267, 30.9.1997, p. 19.
(5) OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regula-

tion (EC) No 1677/2001 (OJ L 227, 23.8.2001, p. 15).

(6) OJ L 267, 30.9.1997, p. 81. Decision as last amended by Decision

2001/644/EC (OJ L 227, 23.8.2001, p. 49).

Norway and to provide the Commission, within due
deadlines, periodic
to the
reports of
Community.

their

sales

(3)

(4)

(5)

(6)

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 (7), with
definitive
duties
imposed in its place by Council Regulation (EC) No
772/98 (8).

countervailing

anti-dumping

and

B. REQUEST FOR A REVIEW

Gje-Vi AS (hereafter referred to as the ‘Applicant’), subse-
quently 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
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

A Notice of initiation of a partial interim review was
published accordingly (9).
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 Applicant.

(7) OJ L 88, 24.3.1998, p. 31.
(8) OJ L 111, 9.4.1998, p. 10.
(9) OJ C 188, 4.7.2001, p. 11.

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Official Journal of the European Communities

22.2.2002

(7)

(8)

(9)

(10)

(11)

(12)

(13)

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
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).

(TARIC

codes

1.2. Parties concerned by the investigation

The Applicant, the representative associations of produ-
cers in Norway and the Community, importers in the
Community and the authorities in Norway were offi-
cially 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.

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.

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)

the undertaking has been formally
In this
accepted by Commission Decision 2002/157/EC (1).

regard,

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

(16) During publication of Regulation (EC) No 1677/
2001 (2), 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

inserted into the aforementioned list.

D. FINDINGS OF THE INVESTIGATION

No 772/1999

F. AMENDMENT OF THE ANNEX TO REGULATION (EC)

the Applicant has a
The investigation showed that
different management structure and is now better orga-
nised than it was in 1998 when poor internal coordina-
tion 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 the 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 computer-
ised accounting system which can accommodate the
software necessary for the quarterly sales reports to the
Commission.

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 also know the price levels below which
farmed Atlantic salmon cannot be sold. There are no

(18)

In view of all the above, the Annex to Regulation (EC)
No 772/1999 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 772/1999 shall be replaced
by the text in the Annex hereto.

Article 2

This Regulation 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 Regulation (EC)
No 772/1999 shall apply with effect from 24 August 2001.

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

Done at Brussels, 18 February 2002.

For the Council

The President

J. PIQUÉ I CAMPS

(1) See page 32 of this Official Journal.
(2) OJ L 227, 23.8.2001, p. 15.

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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

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

22.2.2002

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

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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

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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’