Notice of initiation of a safeguard investigation under Council Regulations (EC) Nos 3285/94 and 519/94 concerning imports of farmed salmon
Date: 2004-03-06
Institutions: European Commission
Subjects: Ireland, United Kingdom, fish farming, import, protective clause, sea fish

6.3.2004

EN

Official Journal of the European Union

C 58/7

Notice of initiation of a safeguard investigation under Council Regulations (EC) Nos 3285/94 and
519/94 concerning imports of farmed salmon

(2004/C 58/04)

1. REQUEST

In their

received requests

The Commission has
from the United
Kingdom and Ireland for the initiation of a safeguard investi-
gation based on Article 2 of Council Regulations (EC) Nos
3285/94 (1) and 519/94 (2).
the United
Kingdom and Ireland have informed the Commission that
trends in imports of farmed Atlantic salmon, whether or not
filleted, fresh, chilled or frozen appear to call for safeguard
evidence available, as
measures, and have provided the
determined on the basis of the criteria laid down in Article
10 of Regulation (EC) No 3285/94 and Article 8 of Regulation
(EC) No 519/94.

requests,

The Commission has analysed whether the conditions for
opening an investigation under Council Regulations (EC) Nos
3285/94 and 519/94 are fulfilled.

2. PRODUCT CONCERNED

The product in question is farmed salmon, whether or not
filleted, fresh, chilled or frozen (‘the product concerned’).

The product concerned is currently classified within CN codes
ex 0302 12 00, ex 0303 11 00, ex 0303 19 00, ex 0303 22 00,
ex 0304 10 13 and ex 0304 20 13. These CN codes are given
for information only.

3. INCREASE IN IMPORTS AND INJURY

The United Kingdom and Ireland have provided evidence that
imports into the Community of the product concerned are
increasing rapidly both in absolute terms, and relative to
Community production and consumption, and,
in particular,
that imports have increased from around 238 000 tonnes in
the first nine months of 2002 to around 273 000 tonnes in the
first nine months of 2003, an increase of 14,7 %.

It is alleged that
the high volumes and low prices of the
imported product concerned have, among other consequences,
like or directly
had a negative impact on the prices of
competitive products in the Community, and on the market
share held, the quantities sold and the level of prices charged
by the Community producers (3), resulting in serious injury to
the Community producers.

4. PROCEDURE

Following the provisions of Article 6 of Regulation (EC) No
3285/94 and Article 5 of Regulation (EC) No 519/94, the
Commission has consulted the Advisory Committees estab-
lished under Article 4 of Regulations (EC) No 3285/94 and

(1) OJ L 349, 31.12.1994, p. 53.
(2) OJ L 67, 10.3.1994, p. 67.
(3) ‘Community producers’

includes the ‘Community producers’ as
defined in Article 5(3)(c) of Council Regulation (EC) No 3285/94
and ‘Community producers of like or directly competing products’
as referred to in Article 15(1) of Council Regulation (EC) No
519/94.

that

Following

519/94 respectively.
is
apparent to the Commission that there is sufficient evidence
to justify the initiation of an investigation, and the Commission
hereby initiates an investigation pursuant to Article 6 of Regu-
lation (EC) No 3285/94 and Article 5 of Regulation (EC) No
519/94.

consultation,

it

4.1. Scope of the investigation

The investigation will determine whether safeguard measures
are justified under Council Regulations (EC) No 3285/94 and
519/94. Specifically, the investigation will determine whether,
as a result of unforeseen developments, the product concerned
is imported into the Community in such greatly increased
quantities and/or on such terms or conditions as to cause or
threaten to cause serious injury to the Community producers.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the known producers of the like or directly competitive
products in the Community and to any association of
such producers in the Community; to the known exporters/
producers outside the Community and importers of the
product concerned to the Community; and to any known
association of such exporters/producers and such importers
of the product concerned.

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in paragraph 5(a) of this notice, and, if necessary, request a
questionnaire.

(b) Collection of information and holding of hearings

submit

All interested parties are hereby invited to make their views
known,
supporting
evidence. This information and supporting evidence has
to reach the Commission within the time limit set
in
paragraph 5(b) of this notice.

information and provide

Furthermore, the Commission will hear interested parties,
provided that they make a request showing that they are
actually likely to be affected by the result of the investi-
there are particular reasons why they
gation and that
should be heard. This request must be made within the
time limit set in paragraph 5(c) of this notice.

4.2. Procedure for the assessment of Community interest

In the event that it is determined that the product concerned is
imported into the Community in such greatly increased
quantities and/or on such terms or conditions as to cause or
threaten to cause serious injury to the Community producers
as to justify the taking of safeguard measures, a decision as to
whether the Community interest calls for intervention shall be
made based on an appreciation of all the various interests
taken as a whole,
including the interests of the Community
producers and users and consumers.

C 58/8

EN

Official Journal of the European Union

6.3.2004

In order to provide a sound basis on which the Commission
can take account of all views and information in the decision
as to whether or not the imposition of measures is in the
importers,
the Community producers,
Community interest,
and
representative users
associations,
representative
their
representative consumer organisations, provided that
they
prove that there is an objective link between their activity
and the product concerned, may, within the time limits set
in paragraph 5(c) of this notice, make themselves known and
provide the Commission with information. Those parties who
have made themselves known within the time limit may also
request a hearing setting the particular reasons why they
should be heard within the time limit set in paragraph 5(c)
of
should be noted that any information
submitted will only be taken into account if supported by
actual evidence at the time of submission.

this notice.

It

5. TIME LIMITS

(a) Questionnaires

Interested parties willing to receive a questionnaire should
request it as soon as possible, but not later than 10 days
after the publication of this notice in the Official Journal of
the European Union.

(b) For parties to make themselves known, to submit questionnaire

replies and any other information

All interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves known by contacting the Commission, presenting
their views and submitting questionnaire replies or any
other information within 21 days of the date of publication
of this notice in the Official Journal of the European Union,
unless otherwise specified. Attention is drawn to the fact
that
in
the exercise of most procedural rights set out
Council Regulation (EC) No 3285/94, and Council Regu-
lation (EC) No 519/94 depends on parties making them-
selves known within the aforementioned period.

(c) Hearings

6. WRITTEN SUBMISSIONS, QUESTIONNAIRE REPLIES AND
CORRESPONDENCE

relevant

information is

All
to be communicated to the
Commission. All submissions and requests made by interested
parties must be made in writing (not in electronic format,
indicate the name,
unless otherwise specified), and must
address, e-mail address,
telex
numbers of the interested party.

telephone and fax, and/or

The Commission address for correspondence is:

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877

7. NON-COOPERATION

When information is not supplied within the time limits or the
investigation is significantly impeded, findings, affirmative or
negative, may be made on the basis of the facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.

8. SCHEDULE OF THE INVESTIGATION

In accordance with Article 7 of Regulation (EC) No 3285/94
and Article 6 of Regulation (EC) No 519/94, the investigation
shall, if possible, be concluded within nine months of the date
of the publication of this notice in the Official Journal of the
European Union.

Pursuant to Article 6(4) of Council Regulation (EC) No
3285/94 and Article 5(4) of Council Regulation (EC) No
519/94, all interested parties may also apply to be heard by
the Commission within 21 days of the publication of this
notice in the Official Journal of the European Union.

In exceptional circumstances the investigation may be extended
by a further maximum period of two months. If the time limit
is extended, the Commission will publish a notice in the Official
Journal of the European Union setting forth the duration of the
extension and a summary of the reasons therefor.