Council Regulation (EC) No 1593/2002 of 3 September 2002 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 2002-09-03
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish farming, import, originating product, sea fish

L 240/22

EN

Official Journal of the European Communities

7.9.2002

COUNCIL REGULATION (EC) No 1593/2002

of 3 September 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,

exempted from the said anti-dumping and counter-
vailing duties.

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 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 Community (2), and in
particular Article 13 thereof,

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

Whereas:

(4)

(5)

(6)

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

On 31 August 1996, by means of two separate notices
published in the Official Journal of the European Communi-
ties, the Commission announced the initiation of an
anti-subsidy
anti-dumping
proceeding (4) in respect of imports of farmed Atlantic
salmon (hereinafter the ‘product concerned’) originating
in Norway.

proceeding (3)

and

an

These proceedings resulted in anti-dumping and coun-
tervailing duties being imposed in September 1997 by
Council Regulations (EC) No 1890/97 (5) and (EC) No
1891/97 (6), in order to eliminate the injurious effects of
dumping and subsidisation.

to this, by Decision 97/634/EC (7),

In parallel
the
Commission accepted undertakings from 190 Norwe-
the product concerned
gian exporters;
exported to the Community by these companies were

imports of

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regula-

tion (EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

(2) OJ L 288, 21.10.1997, p. 1.
(3) OJ C 253, 31.8.1996, p. 18.
(4) OJ C 253, 31.8.1996, p. 20.
(5) OJ L 267, 30.9.1997, p. 1.
(6) OJ L 267, 30.9.1997, p. 19.
(7) OJ L 267, 30.9.1997, p. 81. Decision as last amended by Deci-

sion 2002/157/EC (OJ L 51, 22.2.2002, p. 32).

The form of the duties was later reviewed and Regula-
tions (EC) No 1890/97 and (EC) No 1891/97 were
replaced by Regulation (EC) No 772/1999 (8).

Following indications that the existing measures may
not be achieving their intended results, an interim review
the measures (9) was initiated in February 2002
of
pursuant to Article 11(3) of Regulation (EC) No 384/96
(hereinafter the ‘basic Anti-Dumping Regulation’) and
Article 19(1) of Regulation (EC) No 2026/97 (hereinafter
the ‘basic Anti-Subsidy Regulation’).

(hereinafter

their undertakings,

Having reason to suspect that certain companies were
not observing the terms of
the
Commission made imports of all Norwegian companies
with undertakings subject to registration by Regulation
the ‘Registration
(EC) No 452/2002 (10)
Regulation’) and pursuant to Article 14(5) of the basic
Anti-Dumping Regulation and Article 16(4) of the basic
Anti-Subsidy Regulation. The period of applicability of
the Registration Regulation was extended for a further
period by Regulation (EC) No 1008/2002 (11). 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 with-
drawal of the undertaking.

B. FAILURE TO COMPLY WITH THE UNDERTAKING

(7)

The undertakings offered by the Norwegian companies
oblige them, among other things, 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 ‘presenta-
tions’ or categories of salmon (e.g.
‘presentation b —
gutted fish, head-on’).

(8) OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 322/2002 (OJ L 51, 22.2.2002, p. 1).

(9) OJ C 53, 28.2.2002, p. 10.
(10) OJ L 72, 14.3.2002, p. 7.
(11) OJ L 153, 13.6.2002, p. 9.

7.9.2002

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Official Journal of the European Communities

L 240/23

(8)

(9)

(10)

The companies are also obliged to provide the Commis-
sion 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
should be
E.10 of
received by the Commission no later than 30 days after
the end of the period in question.

the undertakings,

these reports

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 estab-
lished that four companies had breached their undertak-
ings 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 among
the four companies which committed price violations).
Commission Decision 2002/743/EC (1) sets out in detail
the nature of the breaches found.

In view of the breaches found, acceptance of the under-
takings 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 Addi-
tional 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 Decision 2002/743/EC.

(11)

the undertaking offered by a
Equally, acceptance of
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.

(13)

(14)

C. NEW EXPORTERS AND CHANGES OF NAME

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 undertak-
ings. Having investigated the matter, it was established
that
the applicants fulfilled the conditions for being
considered as new exporters and, accordingly, the under-
takings 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 reorganised and that
another company within each group was now respon-
sible 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 reassessment
of dumping, nor do they affect any of the considerations
on which the acceptance of the undertaking was based.

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
to registration by
concerned are currently subject
customs authorities,
thus allowing the possibility of
retroactive collection of anti-dumping and anti-subsidy
duties in cases of breach or withdrawal of undertakings.

(12) Definitive anti-dumping and anti-subsidy duties should
therefore be imposed forthwith against all these compa-
nies.

(1) See page 51 of this Official Journal.

(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
the
companies concerned also before publication of
Registration Regulation),
to
it has been decided not
impose duties retroactively in this particular case,

L 240/24

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Official Journal of the European Communities

7.9.2002

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

1.

0302 12 00*23

(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,
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.

0302 12 00*29),

ex 0303 22 00

(TARIC

and

(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
if the free-at-Community
duty, shall be EUR 0,32 per kilogram net product weight. However,
frontier price,
is less than the relevant
including the countervailing and anti-dumping duties,
Minimum Price set out in paragraph 3, the anti-dumping duty to be collected shall be the difference
between that Minimum Price and the free-at-Community frontier price, including the countervailing
duty.

For the purpose of paragraph 2, the following minimum prices shall apply per kilogram net product

3.
weight:

Presentation of salmon

Minimum price
EUR/kg net product weight

Whole fish, fresh or chilled

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,
chilled

fresh or

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

2,925

3,25

3,65

3,65

2,925

3,25

3,65

3,65

5,19

6,55

5,19

6,55

TARIC code

0302 12 00*21

0302 12 00*22

0302 12 00*23

0302 12 00*29

0303 22 00*21

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

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

Article 3

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

Done at Brussels, 3 September 2002.

For the Council

The President

P. S. MØLLER

L 240/26

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Official Journal of the European Communities

7.9.2002

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

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

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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UT No

Company name

TARIC
additional code

52

56

58

61

62

66

67

72

75

76

79

82

83

85

87

92

96

98

100

101

104

105

107

108

112

114

115

119

120

122

123

124

126

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

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

8149

8153

8300

8303

8304

8159

8428

8174

8177

8178

8181

8184

8185

8187

8188

8196

8200

8202

8206

8207

8210

8211

8213

8214

8218

8227

8228

8232

8233

8308

8309

8312

8314

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UT No

Company name

TARIC
additional code

128

137

140

141

142

144

145

146

147

148

153

154

155

156

158

160

161

162

164

165

167

168

172

174

175

176

178

180

182

183

188

189

190

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

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

8316

8242

8247

8248

8251

8254

8256

8257

8258

8259

8264

8265

8266

8267

8269

8271

8272

8273

8275

8276

8278

8279

8283

8285

8286

8287

8289

8294

8298

8317

8322

8323

8324

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UT No

Company name

TARIC
additional code

193

195

196

197

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

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 International AS

Seaborn AS

Triton AS

Nordlaks Produkter AS

Codfarms AS

A033

A035

A036

A049

A157

A158

A159

A160

A161

A205

A206

A257

A258

A379

A380

A381

A382

A383

A386

A400’