Commission Regulation (EC) No 117/2004 of 23 January 2004 amending Regulation (EC) No 1628/2003 imposing a provisional anti-dumping duty on imports of large rainbow trout originating in Norway and the Faeroe Islands
Date: 2004-01-23
Institutions: European Commission
Subjects: Faroes, Norway, anti-dumping duty, import, originating product, sea fish

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Official Journal of the European Union

24.1.2004

COMMISSION REGULATION (EC) No 117/2004

of 23 January 2004

amending Regulation (EC) No 1628/2003 imposing a provisional anti-dumping duty on imports of
large rainbow trout originating in Norway and the Faeroe Islands

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) (the basic Regu-
lation), and in particular Articles 7 and 8 thereof,

cient precision that the shipment corresponds to the
commercial documents. Where no such invoice is
presented, or when it does not correspond to the
product presented to customs, the appropriate rate of
anti-dumping duty will instead be payable.

(6)

In the event of a breach or withdrawal of the under-
taking, or a suspected breach, an anti-dumping duty
may be imposed pursuant to Article 8(9) and (10) of the
basic Regulation,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

UNDERTAKING

The Commission, by Regulation (EC) No 1628/2003 (3)
(the provisional Regulation) imposed a provisional anti-
dumping duty on imports of large rainbow trout origin-
ating in Norway and the Faeroe Islands.

Subsequent to the adoption of provisional anti-dumping
measures, two groups of cooperating companies in the
Faeroe Islands, i.e. (i) P/F PRG Export together with its
related producer P/F Luna and (ii) P/F Vestsalmon
together with its related producer P/F Vestlax (hereinafter
referred to as the companies), offered price undertakings
in accordance with Article 8(1) of the basic Regulation.
In these undertakings, the companies have offered to sell
the product concerned at or above price levels that elim-
inate the injurious effects of dumping.

The companies will also provide the Commission with
regular
and detailed information concerning their
exports to the Community, as well as the resales of the
product concerned made by related parties in the Com-
munity, meaning that the undertakings can be moni-
tored effectively by the Commission. Furthermore, the
sales structure of
the
Commission considers the risk of circumventing the
agreed undertakings is limited.

these companies is such that

In view of this, the undertakings are acceptable.

In order to enable the Commission to monitor effectively
the companies compliance with the undertakings, when
the request for release for free circulation pursuant to
the undertaking is presented to the relevant customs
authority, exemption from the duty will be conditional
upon the presentation of an invoice containing at least
the items of information listed in the Annex attached to
this Regulation. This level of information is also neces-
sary to enable customs authorities to ascertain with suffi-

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 232, 18.9.2003, p. 29.

HAS ADOPTED THIS REGULATION:

Article 1

The following Article is added to Regulation (EC) No

1.
1628/2003:

‘Article 2

1.
The undertakings offered by the companies named
below in connection with the present anti-dumping
proceeding are hereby accepted.
the
following TARIC additional code which are produced and
directly exported (i.e.
shipped and invoiced) by these
companies to a company in the Community acting as an
importer shall be exempt from the anti-dumping duties
imposed by Article 1 provided that they are imported in
conformity with paragraph 2.

Imports under

Country

Company

TARIC
additional code

Faeroe Islands

P/F PRG Export together with
its related producer P/F Luna,
FO-510 Gøta

Faeroe Islands

related

P/F Vestsalmon together with
its
P/F
Vestlax, PO Box 82, FO-410
Kollafjørður

producer

A474

A475

Imports mentioned in paragraph 1 shall be exempt

2.
from the duty on condition that:

(a) a commercial invoice containing at least the elements
listed in the Annex is presented to Member States
customs authorities upon presentation of the declara-
tion for release into free circulation; and

(b) the goods declared and presented to customs corre-
spond precisely to the description on the commercial
invoice.’

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Official Journal of the European Union

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2.

3.

4.

Article 2 of Regulation (EC) No 1628/2003 is hereby renumbered Article 3.

Article 3 of Regulation (EC) No 1628/2003 is hereby renumbered Article 4.

The Annex attached to this Regulation is hereby added as Annex to Regulation (EC) No 1628/2003.

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

Article 2

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

Done at Brussels, 23 January 2004.

For the Commission

Pascal LAMY

Member of the Commission

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Official Journal of the European Union

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ANNEX

Elements to be indicated in the commercial invoice referred to in Article 2

The following elements shall be indicated in the commercial invoice accompanying sales of large rainbow trout to the
Community, which are subject to the Undertaking:

1. The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.

2. The name of the company mentioned in Article 2(1) issuing the commercial invoice.

3. The commercial invoice number.

4. The date of issue of the commercial invoice.

5. The TARIC additional code under which the goods on the invoice are to be customs-cleared at the Community

frontier.

6. The exact description of the goods, including:

— the Product Code Number (PCN), i.e. 1 or 2,
— the description of the goods corresponding to the PCN (i.e. ‘PCN 1: large rainbow trout chilled or fresh, head-on’,

‘PCN 2: large rainbow trout frozen, head-off ’),

— the company product code number (CPC) (if applicable),
— CN code,
— quantity (to be given in kilograms).

7. The description of the terms of the sale, including:

— price per kilogram,
— the applicable payment terms,
— the applicable delivery terms,
— total discounts and rebates.

8. Name of the company acting as an importer to which the invoice is issued directly by the company.

9. The name of the official of the company that has issued the commercial invoice and the following signed declaration:

‘I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this
invoice is being made within the scope and under the terms of the Undertaking offered by [company], and accepted
by the European Commission through Regulation (EC) No 117/2004. I declare that the information provided on this
invoice is complete and correct.’