2003/119/EC: Commission Decision of 22 January 2003 amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway
Date: 2003-01-22
Institutions: European Commission
Subjects: Norway, anti-dumping legislation, export subsidy, fish, fish farming, import, originating product

L 47/46

EN

Official Journal of the European Union

21.2.2003

COMMISSION

COMMISSION DECISION

of 22 January 2003

amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping
and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway

(2003/119/EC)

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 1972/2002 (2), and in parti-
cular 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 (3), as last
amended by Regulation (EC) No 1973/2002 (4), and in parti-
cular Article 13 thereof,

After consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

On 31 August 1996, by means of two separate notices
published in the Official Journal of the European Commu-
nities, the Commission announced the initiation of an
anti-dumping
anti-subsidy
proceeding (6) in respect of imports of farmed Atlantic
salmon (the product concerned) originating in Norway.

proceeding (5)

and

an

These proceedings resulted in anti-dumping and counter-
vailing duties being imposed in September 1997 by
Council Regulations (EC) No 1890/97 (7) and 1891/
97 (8)
in order to eliminate the injurious effects of
dumping and subsidisation.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 288, 21.10.1997, p. 1.
(4) OJ L 305, 7.11.2002, p. 4.
(5) OJ C 253, 31.8.1996, p. 18.
(6) OJ C 253, 31.8.1996, p. 20.
(7) OJ L 267, 30.9.1997, p. 1.
(8) OJ L 267, 30.9.1997, p. 19.

(3)

(4)

(5)

(6)

In parallel to this, by Decision 97/634/EC (9), as last
amended by Decision 2002/743/EC (10), the Commission
accepted undertakings from 190 Norwegian exporters
and imports of the product concerned to the Commu-
nity by these companies were exempted from the said
anti-dumping and countervailing duties.

The form of the duties was later reviewed and Regula-
tions (EC) No 1890/97 and 1891/97 were replaced by
Council Regulation (EC) No 772/1999 (11), as
last
amended by Regulation (EC) No 1593/2002 (12).

B. NEW EXPORTERS, CHANGES OF NAME AND
VOLUNTARY WITHDRAWAL OF AN UNDERTAKING

1. New exporter

Since the original imposition of definitive anti-dumping
and countervailing duties, certain Norwegian companies
have made themselves known to the Commission,
claiming to be new exporters, and requested, in accor-
dance with Article 2 of Regulation (EC) No 772/1999 in
conjunction with Article 11(4) of Regulation (EC) No
384/96 and Article 20 of Regulation (EC) No 2026/97,
that the exemption to the duties be extended to them.

In this regard, three such exporters, Vestmar AS, Gaia
Seafood AS and Polar Quality AS all demonstrated that
they had not exported the product concerned to the
Community during the investigation period which led to
the current anti-dumping and countervailing duties.

(9) OJ L 267, 30.9.1997, p. 81.
(10) OJ L 240, 7.9.2002, p. 51.
(11) OJ L 101, 16.4.1999, p. 1.
(12) OJ L 240, 7.9.2002, p. 22.

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Official Journal of the European Union

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(7)

(8)

(9)

The companies also showed that they are not related to
any of the companies in Norway which are subject to
anti-dumping and countervailing duties. In addition, they
provided evidence that they had entered into irrevocable
contractual obligations to export a significant amount of
the product concerned to the Community.

The companies have offered undertakings which are
identical to those previously accepted from other Norwe-
gian companies exporting farmed Atlantic salmon origi-
nating in Norway and by doing so have agreed inter alia
to respect the minimum import price levels (MIPs) laid
down therein and to provide the Commission with
regular
and detailed information concerning their
exports to the Community.

the undertakings offered by the

Since
companies
concerned can be monitored by the Commission in the
same way as those already in place, and they eliminate
the injurious effects of dumping and subsidisation, the
offers are considered acceptable. The companies have
been informed of the essential facts, considerations and
obligations upon which this acceptance is based.

(10) Notwithstanding the fact that the anti-dumping and anti-
subsidy measures are currently subject to an interim
review, the names of Vestmar AS, Gaia Seafood AS and
Polar Quality AS should nevertheless be added in the
meantime to the list of companies from which undertak-
ings are accepted in the Annex to Decision 97/634/EC.

offered by Fjord Seafood Måløy AS was no longer appro-
priate and that this name should be deleted on the above
mentioned list of companies from which undertakings
are accepted.

(13)

(14)

The Commission considers after verification that
the
requests are acceptable since the modifications do not
entail any substantive changes which would affect the
assessment of dumping or subsidisation, nor do they
affect any of the considerations on which the acceptance
of the undertakings was based.

Consequently, the names of Arctic Group International
and Fjord Seafood Midt-Norge AS should be changed to
Arctic Group Maritime AS and Fjord Seafood Norway
AS respectively on the list of companies from which
undertakings are accepted in the Annex to Decision 97/
634/EC and the name of Fjord Seafood Måløy AS deleted
from that list.

3. Voluntary withdrawal of an undertaking

(15) Another Norwegian company, Timar Seafood AS (UT
No 1/180, TARIC additional code 8294), advised the
Commission that it wished to withdraw its undertaking.
Accordingly,
this company should be
deleted from the list of companies from which undertak-
ings are accepted in the Annex to Decision 97/634/EC.

the name of

C. AMENDMENT OF THE ANNEX TO DECISION 97/634/

EC

2. Changes of name

(16)

In view of the all the above, the list of companies from
which undertakings are accepted in the Annex to Deci-
sion 97/634/EC should be amended accordingly.

(11) One Norwegian exporter with an undertaking, Arctic
Group International
(UT No 1/11, TARIC additional
code 8109) advised the Commission that the group of
companies to which it belonged had been reorganised
and that another company within the group was now
responsible for exports of salmon to the Community.
Arctic Group International therefore requested that its
name be replaced by that of Arctic Group Maritime AS
on the list of companies from which undertakings are
accepted in the Annex to Decision 97/634/EC.

(12) Another Norwegian company with an undertaking, Fjord
Seafood Midt-Norge AS (UT No 1/101, TARIC Addi-
tional Code 8207) advised the Commission that its name
had changed to Fjord Seafood Norway AS. It therefore
requested that
its name be amended on the list of
companies from which undertakings are accepted in the
Annex to Decision 97/634/EC. The company also
advised the Commission that a related company, Fjord
Seafood Måløy AS (UT No 1/62, TARIC additional code
8304), had merged with it and that the undertaking

(17)

The Advisory Committee has been consulted on all of
the above and has raised no objections.

(18)

(19)

For the sake of clarity, an updated version of the Annex
to that Decision is published herewith, showing all the
exporters whose undertakings are currently in force.

In parallel to this Decision, the Council, by Regulation
(EC) No 321/2003 (1) has granted an exemption from
the anti-dumping and anti-subsidy duties to Vestmar AS,
Gaia Seafood AS and Polar Quality AS, changed the
names of Arctic Group International and Fjord Seafood
Midt-Norge AS to Arctic Group Maritime AS and Fjord
Seafood Norway AS respectively, withdrawn exemption
from the anti-dumping and anti-subsidy duties by
deleting the names of Fjord Seafood Måløy AS and
Timar Seafood AS, by amending the Annex to Regula-
tion (EC) No 772/1999,

(1) See page 3 of this Official Journal.

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HAS DECIDED AS FOLLOWS:

Article 3

Article 1

This Decision shall be applicable from the day following that of
its publication in the Official Journal of the European Union.

The undertakings offered by Vestmar AS, Gaia Seafood AS and
Polar Quality AS in connection with the anti-dumping and
anti-subsidy proceedings concerning imports of farmed Atlantic
salmon originating in Norway are hereby accepted.

Article 2

The Annex to Commission Decision 97/634/EC is replaced by
the Annex hereto.

Done at Brussels, 22 January 2003.

For the Commission

Pascal LAMY

Member of the Commission

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Official Journal of the European Union

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ANNEX

‘ANNEX

LIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED

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

66

Rosfjord Seafood AS

Aqua- Export A/S

Aqua Partner A/S

Arctic Group Maritime AS

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

Marine Harvest Norway 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

8149

8153

8300

8303

8159

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UT No

Company name

TARIC Additional Code

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

128

137

140

141

142

144

145

146

147

Hydrotech-gruppen AS

Inter Sea AS

Janas A/S

Joh. H. Pettersen

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 Norway AS

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

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

8316

8242

8247

8248

8251

8254

8256

8257

8258

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Official Journal of the European Union

L 47/51

UT No

Company name

TARIC Additional Code

148

153

154

155

156

158

160

161

162

164

165

167

168

172

174

175

176

178

182

183

188

189

190

193

195

196

197

199

200

201

202

203

204

205

206

207

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

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

8259

8264

8265

8266

8267

8269

8271

8272

8273

8275

8276

8278

8279

8283

8285

8286

8287

8289

8298

8317

8322

8323

8324

A033

A035

A036

A049

A157

A158

A159

A160

A161

A205

A206

A257

A258

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UT No

Company name

TARIC Additional Code

208

209

210

211

212

213

214

215

216

217

Athena Seafoods AS

Norsk Havfisk AS

Rodé Vis International AS

Seaborn AS

Triton AS

Nordlaks Produkter AS

Codfarms AS

Vestmar AS

Gaia Seafood AS

Polar Quality AS

A379

A380

A381

A382

A383

A386

A400

A416

A417

A418’