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: 2003-01-22
Institutions: European Commission
Subjects: Norway, anti-dumping legislation, fish farming, import (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.1.2003
COM(2003) 22 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.

8.

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  Annexes  to  the  aforementioned  Regulation  and
Decision.

Three 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  company  group,  one  Norwegian  exporter  with  an
undertaking requested that its name be replaced by that of a related company on the
lists  of  companies  from  which  undertakings  have  been  accepted  and  which  benefit
from an exemption to the duties.

Another  company  advised  the  Commission  that  its  name  had  changed  and  that
another  related  company  within  the  same  group  with  an  undertaking  had  been
merged  with  it  and  that  an  undertaking  was  no  longer  appropriate  for  this  related
company. It was therefore requested that the new name of the company appear on the
lists  of  companies  from  which  undertakings  have  been  accepted  and  which  benefit
from  an  exemption  to  the  duties,  and  that  the  name  of  the  related  company  with
which it had merged should be deleted on the above mentioned lists.

Another Norwegian exporter wished to withdraw its undertaking.

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) 

1

2

3

4

5

6

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  No  1891/976  in
order to eliminate the injurious effects of dumping and subsidisation.

OJ  L  56,  6.3.1996,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1972/2002,  OJ  L  305,
7.11.2002, p. 1.
OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation (EC) No 1973/2002, OJ L 305,
7.11.2002, p. 4.
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.

3

                                                
(3) 

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.

(4) 

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

(5) 

(6) 

(7) 

(8) 

B.

NEW EXPORTERS, CHANGES OF NAME AND VOLUNTARY

WITHDRAWAL OF AN UNDERTAKING

Three  Norwegian  companies,  Vestmar  AS,  Gaia  Seafood  AS  and  Polar  Quality  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  Regulation  (EC)
No  384/96  and  Article  20  of  Regulation  (EC)  No  2026/97  and  have  offered
undertakings identical to those previously accepted from other Norwegian companies.
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.

One Norwegian exporter, Arctic Group International, with an undertaking advised the
Commission that the group of companies to which it belonged had been re-organized
and  that  another  company  within  the  group,  Arctic  Group  Maritime  AS,  was  now
responsible  for  exports  to  the  Community.  The  company  therefore  requested  that  its
name be changed 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.

Another  company,  Fjord  Seafood  Midt-Norge  AS,  with  an  undertaking  advised  the
Commission that its name had changed to Fjord Seafood Norway AS and, in, addition,
that  a  company  within  the  same  group,  Fjord  Seafood  Måløy,  also  with  an
undertaking, had merged with it. It was therefore requested that the new name of the
company appear on the above mentioned  lists  and, as a separate  undertaking was no
longer  appropriate,  that  the  name  of  the  related  company,  Fjord  Seafood  Måløy,  be
deleted.

It  is  considered  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 Regulation (EC) No 772/1999
and the name of Fjord Seafood Måløy AS deleted from that list.

7

8

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.
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.

4

                                                
(9) 

Another  Norwegian  company,  Timar  Seafood  AS,  advised  the  Commission  that  it
wished to withdraw its undertaking. Accordingly, the name of this company should be
deleted from the list of companies from which undertakings are accepted in the Annex
to Regulation (EC) No 772/1999.

C.

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

(10) 

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,

HAS ADOPTED THIS REGULATION:

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

Article 1

Article 2

1. (a)

(b)

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 Fjord Seafood Måløy AS and Timar Seafood AS.

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-
dumping  duty  to  be  collected  shall  be  the  difference  between  that  Minimum  Price
and the free-at-Community-frontier price, including the countervailing duty.

5

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

6

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
52
56
58
61
66
67
72
75
76

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
Fyskeforsyningen 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
Hydrotech-gruppen AS
Inter Sea AS
Janas A/S
Joh.H.Pettersen

7

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
8428
8174
8177
8178

UT No

Company Name

TARIC
Additional
Code

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
148
153
154
155
156
158
160
161
162

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
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

8

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
8259
8264
8265
8266
8267
8269
8271
8272
8273

UT No

Company Name

TARIC
Additional
Code

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
208
209
210
211
212
213
214
215
216
217

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
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

9

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
A379
A380
A381
A382
A383
A386
A400
A416
A417
A418