Council Regulation (EC) No 321/2003 of 18 February 2003 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
Date: 2003-02-18
Institutions: Council of the European Union
Subjects: Norway, anti-dumping duty, countervailing charge, fish, fish farming, import, originating product

21.2.2003

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Official Journal of the European Union

L 47/3

COUNCIL REGULATION (EC) No 321/2003

of 18 February 2003

amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing
duties on imports of farmed Atlantic salmon originating in Norway

(1)

(2)

(3)

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 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,

(5)

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

Whereas:

A. PREVIOUS PROCEDURE

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 (4) in respect of imports of farmed Atlantic
salmon (the product concerned) originating in Norway.

proceeding (3)

and

an

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 estab-
lished 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.

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

(6)

to this, by Decision 97/634/EC of 26
In parallel
September 1997 accepting undertakings offered in
connection with the anti-dumping and anti-subsidy
farmed Atlantic
proceedings concerning imports of
salmon originating in Norway (7),
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.

One Norwegian exporter, Arctic Group International,
with an undertaking advised the Commission that the
group of companies to which it belonged had been re-
organised 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 compa-
nies 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.

(4)

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

(1) 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).

(2) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regula-

tion (EC) No 1973/2002 (OJ L 305, 7.11.2002, p. 4).

(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. Regulation as last amended by Regula-

tion (EC) No 297/1999 (OJ L 37, 11.2.1999, p. 2).

(6) OJ L 267, 30.9.1997, p. 19. Regulation as last amended by Regula-

tion (EC) No 297/1999.

(7) OJ L 267, 30.9.1997, p. 81. Decision as last amended by Decision

2002/743/EC (OJ L 240, 7.9.2002, p. 51).

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

tion (EC) No 1593/2002 (OJ L 240, 7.9.2002, p. 22).

(7)

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, addi-
that a company within the same group, Fjord
tion,
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.

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Official Journal of the European Union

21.2.2003

(8)

(9)

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.

Another Norwegian company, Timar Seafood AS, advised the Commission that it wished to with-
draw 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:

Article 1

The Annex to Regulation (EC) No 772/1999 shall be replaced by the text in the Annex to this Regulation.

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,
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.

0302 12 00 29),

ex 0303 22 00

0302 12 00 23

(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
duty, shall be EUR 0,32 per kilogram net product weight. However, if the free-at-Community-fron-
tier 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.

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

2,92

3,25

3,65

3,65

2,92

3,25

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

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Official Journal of the European Union

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Presentation of salmon

Minimum price
EUR/kg net product
weight

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

3,65

3,65

5,19

6,55

5,19

6,55

TARIC code

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 Union.

Article 3

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

Done at Brussels, 18 February 2003.

For the Council

The President

N. CHRISTODOULAKIS

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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

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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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’