Commission Regulation (EC) No 452/2002 of 13 March 2002 making imports of farmed Atlantic salmon originating in Norway subject to registration
Date: 2002-03-13
Institutions: European Commission
Subjects: Norway, anti-dumping measure, customs regulations, fish farming, import, sea fish

14.3.2002

EN

Official Journal of the European Communities

L 72/7

COMMISSION REGULATION (EC) No 452/2002

of 13 March 2002

making imports of farmed Atlantic salmon originating in Norway subject to registration

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 10(5) and Article 14(5) 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 16(4) and Article 24(5) thereof,

After consulting the Advisory Committee,

Whereas:

A. PRODUCT

(1)

The product to be registered is farmed Atlantic salmon
originating in Norway when sold to the Community by
companies in the Annex to Council Regulation (EC) No
772/1999 (4) (‘the product concerned’), currently classifi-
able within CN codes ex 0302 12 00, ex 0303 22 00,
ex 0304 10 13 and ex 0304 20 13. This excludes wild
Atlantic salmon as defined in Article 1(b) of the said
Regulation.

B. EXISTING MEASURES

(2)

The product concerned is currently subject
following measures:

to the

— definitive anti-dumping and countervailing duties
imposed by Regulation (EC) No 772/1999, as last
amended by Regulation (EC) No 322/2002 (5),
which, following a review, repealed and replaced the
anti-dumping and countervailing duties previously
imposed by Council Regulations (EC) No 1890/97 (6)
and (EC) No 1891/97 (7),

(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 101, 16.4.1999, p. 1.
(5) OJ L 51, 22.2.2002, p. 1.
(6) OJ L 267, 30.9.1997, p. 1.
(7) OJ L 267, 30.9.1997, p. 19.

— undertakings accepted by Commission Decision 97/
634/EC (8), as last amended by Decision 2002/157/
EC (9), from a large number of exporter/producers
from Norway to respect, inter alia, certain minimum
import prices (‘MIPs’).

(3)

(4)

(5)

(6)

C. GROUNDS FOR REGISTRATION

The Commission has received information indicating
that the re-sale prices recently practised by a major
wholesale market in the Community market for the
product concerned are incompatible with the level of the
price undertakings offered by Norwegian exporters (i. e.
the re-sales prices were significantly less than the MIPs
when adjusted to the same sales level).

In addition, an ongoing investigation by the Danish
authorities concerning imports into Denmark of
the
product concerned appears to indicate the existence of
serious violations of
the price undertakings. The
Commission's own preliminary investigation into this
matter also suggests that these price undertakings are
not being fully respected. Should the Community insti-
tutions find that a company which is exempt from the
duties applicable pursuant to Article 1 of Regulation
(EC) No 772/1999 has in fact violated its undertaking, it
may be appropriate to withdraw the undertaking and
impose the anti-dumping and countervailing duties
retroactively to the date of that breach.

The Commission has therefore concluded that sufficient
grounds exist to make imports of the product concerned
subject to registration in accordance with Articles 14(5)
and 10(5) of Regulation (EC) No 384/96 and Articles
24(5) and 16(4) of Regulation (EC) No 2026/97.

In the event of a finding of breach or withdrawal of the
undertakings, duties may be levied retroactively on
goods entered into free circulation in the Community
from the date of the breach or withdrawal of the under-
taking. In accordance with Article 10(5) of Regulation
(EC) No 384/96 and Article 16(4) of Regulation (EC) No
2026/97, and in view of the urgency of the case and the
need for the Commission to act quickly in this regard,
imports shall be subject to registration for a maximum
period of 90 days,

(8) OJ L 267, 30.9.1997, p. 81.
(9) OJ L 51, 22.2.2002, p. 32.

L 72/8

EN

Official Journal of the European Communities

14.3.2002

HAS ADOPTED THIS REGULATION:

Article 1

The customs authorities are hereby directed, pursuant
to
Article 14(5) of Regulation (EC) No 384/96 and Article 24(5)
of Regulation (EC) No 2026/97 to take the appropriate steps to
register the imports into the Community of farmed Atlantic
salmon originating in Norway falling within CN codes
0302 12 00*21,
ex 0302 12 00
0302 12 00*29),
0302 12 00*22,
0303 22 00*21,
ex 0303 22 00
0303 22 00*29),
0303 22 00*22,

0302 12 00*23

0303 22 00*23

(TARIC

(TARIC

codes

codes

and

and

code

(TARIC
and

and
ex 0304 10 13
0304 10 13*29)
code
0304 20 13*21 and 0304 20 13*29) and exported by the
companies listed in the Annex to Regulation (EC) No 772/
1999.

0304 10 13*21
(TARIC

ex 0304 20 13

Article 2

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

Article 1 shall apply for a period of 90 days.

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

Done at Brussels, 13 March 2002.

For the Commission

Pascal LAMY

Member of the Commission