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: 2002-08-14
Institutions: European Commission
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, originating product, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.8.2002
COM(2002) 463 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.

EXPLANATORY MEMORANDUM

By Regulation (EC) No 772/1999 as last amended by Regulation (EC) No 322/2002
the Council imposed definitive anti-dumping and countervailing duties on imports of
farmed Atlantic salmon from Norway, except where this product is exported by one
of the Norwegian exporters from which the Commission, by Decision 97/634/EC as
last amended by Decision 2002/157/EC, has accepted individual price undertakings.
These companies are listed in the Annex to the aforementioned Decision.

The terms of the undertakings oblige the companies not to sell the product concerned
below certain minimum prices and to submit,  within deadlines, quarterly  reports of
all their sales of the product concerned to the European Community. Companies with
undertakings  are  also  required  at  the  request  of  the  Commission  to  submit  any
information deemed necessary for the monitoring of the undertaking.

Ten  of  these  Norwegian  companies  have  not,  however,  respected  the  terms  of  the
undertakings  and  acceptance  thereof  (together  with  the  undertaking  of  one  related
Norwegian  company)  is  therefore  being  withdrawn  by  the  Commission.  Definitive
anti-dumping  and  countervailing  duties  should  therefore  be  imposed  against  the
eleven companies concerned.

Seven Norwegian companies have claimed that they are “new exporters” within the
meaning of the basic anti-dumping and anti-subsidies Regulations and have offered
undertakings.  Having  investigated  the  matter,  it  was  established  that  the  applicants
fulfilled the conditions for being considered as newcomers. The undertakings offered
were therefore considered satisfactory and have been accepted by the Commission.

Following  the  re-organisation  of  their  respective  groups  of  companies,  four
Norwegian  exporters  requested  that  their  names  be  replaced  by  those  of  related
companies  on  the  list  of  companies  from  which  undertakings  have  been  accepted.
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-
assessment  of  dumping  and  subsidisation,  nor  do  they  affect  any  of  the
considerations on which the acceptance of the undertaking was based.

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,  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 Community2, 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

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 proceeding3 and an anti-subsidy proceeding4 in respect of imports of farmed
Atlantic salmon (the "product concerned") originating in Norway.

These proceedings resulted in anti-dumping and countervailing duties being  imposed
in September 1997 by Council Regulations (EC) No 1890/975 and 1891/976 in order to
eliminate the injurious effects of dumping and subsidisation.

In  parallel  to  this,  by  Decision  97/634/EC7,  the  Commission  accepted  undertakings
from 190 Norwegian exporters and imports of the product concerned exported to the
Community  by  these  companies  were  exempted  from  the  said  anti-dumping  and
countervailing duties.

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 .
OJ L 288, 21.10.1997, p. 1.
OJ C 253, 31.8.1996, p. 18.
OJ C 253, 31.8.1996, p. 20.
OJ L 267, 30.9.1997, p. 1.
OJ L 267, 30.9.1997, p. 19.
OJ L 267, 30.9.1997, p. 81. Decision as last amended by Decision 2002/157/EC, OJ L 51, 22.2.2002,
p. 32.

3

                                                
(4)

(5)

(6)

(7)

(8)

(9)

The  form  of  the  duties  was  later  reviewed  and  Regulations  (EC)  No  1890/97  and
1891/97 were replaced by Regulation (EC) No 772/19998.

Following indications that the existing measures may not be achieving their intended
results, an interim review of the measures9 was initiated in February 2002 pursuant to
Article  11  (3)  of  Council  Regulation  (EC)  No  384/96  (the  "basic  Anti-Dumping
Regulation")  and  Article  19  (1)  of  Council  Regulation  (EC)  No  2026/97  (the  "basic
Anti-Subsidy Regulation").

Having reason to suspect that certain companies were not observing the terms of their
undertakings, by Regulation (EC) No 452/200210 (the "Registration Regulation") and
pursuant to Article 14 (5) of the basic AD Regulation and Article 16 (4) of the basic
AS  Regulation,  the  Commission  made  imports  of  all  Norwegian  companies  with
undertakings  subject  to  registration.  The  period  of  applicability  of  the  Registration
Regulation  was  extended  for  a  further  period  by  Regulation  (EC)  No  1008/200211.
This means that in the event of a finding of a breach or withdrawal of an undertaking,
duties  may  be  levied  retroactively  on  goods  entered  into  free  circulation  in  the
Community from the date of the breach or withdrawal of the undertaking.

B.

FAILURE TO COMPLY WITH THE UNDERTAKING

The  undertakings  offered  by  the  Norwegian  companies  oblige  them,  inter  alia,  to
export the product concerned to the Community at or above certain minimum import
price levels ("MIPs") laid down in the undertaking. These MIPs, which eliminate the
injurious effects of dumping, are applicable to different  "presentations"  or  categories
of salmon (e.g. "presentation b - gutted fish, head-on").

The companies are also obliged to provide the Commission with regular and detailed
information concerning their sales to the Community (or re-sales by any related parties
in  the  Community)  of  the  product  concerned  in  the  form  of  a  periodic  report.  In
accordance with Clause E.10 of the undertakings, these reports should be received by
the Commission no later than 30 days after the end of the period in question.

During a series of visits in 2001 to the premises of several Norwegian companies with
undertakings to verify the data provided in such sales reports and from examination of
sales  reports  submitted,  it  was  established  that  four  companies  had  breached  their
undertakings by selling the product concerned, on a weighted average basis, below the
MIP for the presentation of salmon concerned.  In addition, five other companies had
either  not  submitted  sales  reports  for  various  quarters  or  had  submitted  their  sales
reports  late.  Another  party  with  an  undertaking  also  failed  to  provide  information
requested  by  the  Commission  which  was  considered  necessary  for  the  effective
monitoring of the system of undertakings (as did a company which was also one of the
four  companies  which  committed  price  violations).  Commission  Decision  2002/…12
sets out in detail the nature of the breaches found.

8

9

10

11

12

OJ  L  101,  16.4.1999,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  322/2002,  OJ  L  51,
22.2.2002, p. 1.
OJ C 53, 28.2.2002, p. 10.
OJ L 72, 14.3.2002, p. 7.
OJ L 153, 13.6.2002, p. 9.
OJ L …, …., p. ….

4

                                                
(10)

In  view  of  the  breaches  found,  acceptance  of  the  undertakings  offered  by  Nordic
Group  ASA  (UT  No  1/111,  Taric  Additional  Code  8217),  Norexport  A/S  (UT  No
1/113, Taric Additional Code 8223), Nor-Fa Fish AS (UT No 1/191, Taric Additional
Code  8102),  Norfra  Eksport  A/S  (UT  No  1/116,  Taric  Additional  Code  8229),  Kr
Kleiven  &  Co  A/S  (UT  No  1/80,  Taric  Additional  Code  8182),  Seaco  A/S  (UT  No
1/157,  Taric  Additional  Code  8268),  Mesan  Holding  AS  (UT  No  1/194,  Taric
Additional  Code  A034),  Johan  J.  Helland  A/S  (UT  No  1/77,  Taric  Additional  Code
8179),  Sangoltgruppa  A/S  (UT  No  1/151,  Taric  Additional  Code  8262)  and  Oskar
Einar Rydbeck (UT No 1/198, Taric Additional Code A050), have all been withdrawn
by Commission Decision 2002/…

(11)

Equally, acceptance of the undertaking offered by a company related to Nordic Group
ASA, namely Northern Seafood A/S (UT No 1/121 Taric Additional Code 8307) has
also been withdrawn, given the risk of circumvention of the undertaking by the latter
company exporting Nordic Group ASA's products.

(12) Definitive anti-dumping and anti-subsidy duties should therefore be imposed forthwith

against all these companies.

C.

NEW EXPORTERS AND CHANGES OF NAME

(13)

(14)

Seven Norwegian companies, Athena Seafoods AS, Norsk Havfisk A/S, Rodé Vis AS,
Seaborn AS, Triton AS, Nordlaks Produkter AS and Codfarms 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  the  basic  AD  Regulation  and  Article  20  of  the
basic AS Regulation and have offered undertakings. Having investigated the matter, it
was established that the applicants fulfilled the conditions for being 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.

Four  other  Norwegian  exporters  with  undertakings  advised  the  Commission  that  the
groups  of  companies  to  which  they  belong  had  been  re-organized  and  that  another
company within each group was now responsible for exports to the Community. The
companies  therefore  requested  that  their  names  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.

(15)

The Commission considers after verification that the requests are all acceptable since
the  amendments  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.

5

D.

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

(16)

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.

E.

RETROACTIVE COLLECTION OF DUTIES

(17) As  mentioned  previously,  imports  of  the  product  concerned  are  currently  subject  to
registration  by  customs  authorities,  thus  allowing  the  possibility  of  retroactive
collection of anti-dumping and anti-subsidy duties in cases of breach or withdrawal of
undertakings.

(18) However, as the breaches of the undertaking by the various companies occurred prior
to  the  publication  of  the  Registration  Regulation  (and  were  identified  by  the
Commission  with  final  disclosure  thereof  notified  to  the  companies  concerned  also
before publication of the Registration Regulation), it has been decided not to impose
duties retroactively in this particular case,

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 Nordic Group ASA, Northern Seafood A/S, Norexport A/S, Nor-Fa
Fish AS, Norfra Eksport A/S, Sangoltgruppa A/S, Kr Kleiven & Co A/S, Seaco A/S,
Mesan Holding AS, Johan J. Helland A/S and Oskar Einar Rydbeck.

(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-

6

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:

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

7

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
79

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
Midnor Processing AS
Atlantic Seafood A/S
 Rossa Salmon AS
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 Marin Sales AS
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
Karsten J. Ellingsen AS

8

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
8181

UT No

Company Name

Taric
additional
Code

82
83
85
87
92
96
98
100
101
104
105
107
108
112
114
115
119
120
122
123
124
126
128
137
140
141
142
144
145
146
147
148
153
154
155
156
158
160
161
162
164

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
Nordreisa Laks AS
Norfi Produkter AS
Norfood Group AS
Norsk Akvakultur AS
Norsk Sjømat 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
Scanfood AS
Sea Eagle Group AS
Sea Star International AS
Sea Bell Salmon AS
Seacom AS
Seafood Farmers of Norway Ltd AS
Seanor AS
Sekkingstad AS
Sirena Norway AS

9

8184
8185
8187
8188
8196
8200
8202
8206
8207
8210
8211
8213
8214
8218
8227
8228
8232
8233
8308
8309
8312
8314
8316
8242
8247
8248
8251
8254
8256
8257
8258
8259
8264
8265
8266
8267
8269
8271
8272
8273
8275

UT No

Company Name

Taric
additional
Code

8276
8278
8279
8283
8285
8286
8287
8289
8294
8298
8317
8322
8323
8324
A033
A035
A036
A049
A157
A158
A159
A160
A161
A205
A206
A257
A258
A379
A380
A381
A382
A383
A386
A400

165
167
168
172
174
175
176
178
180
182
183
188
189
190
193
195
196
197
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214

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
F.Uhrenholt Seafood Norway AS
Polaris Seafood AS
Scanfish AS
Normarine AS
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
Athena Seafoods AS
Norsk Havfisk AS
Rodé Vis AS
Seaborn AS
Triton AS
Nordlaks Produkter AS
Codfarms AS

10