Commission Regulation (EC) No 1010/2005 of 30 June 2005 amending Regulation (EC) No 628/2005 imposing a provisional anti-dumping duty on imports of farmed salmon originating in Norway
Date: 2005-06-30
Institutions: European Commission
Subjects: Norway, anti-dumping duty, anti-dumping legislation, fish farming

L 170/32

EN

Official Journal of the European Union

1.7.2005

COMMISSION REGULATION (EC) No 1010/2005

of 30 June 2005

amending Regulation (EC) No 628/2005 imposing a provisional anti-dumping duty on imports of
farmed salmon originating in Norway

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

on a minimum import price sufficient to remove the
effects of injurious dumping were the preferred form of
the measures.

Having regard to the Treaty
Community,

establishing the European

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)
(the basic Regulation) and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

1. EXISTING MEASURES

Following the initiation (2) of an anti-dumping investi-
gation on 23 October 2004, the Commission imposed
on 23 April 2005 by Regulation (EC) No 628/2005 (3)
provisional anti-dumping duties on imports of farmed
salmon originating in Norway (Regulation imposing a
provisional duty).

The provisional anti-dumping duties which took the
form of ad valorem duties ranging between 6,8 % and
24,5 % of the value of the imported products apply as
of 27 April 2005.

(1)

(2)

(3)

2. FORM OF THE

PROVISIONAL ANTI-DUMPING
MEASURES

(7)

Anti-dumping measures may take different forms. For
example, whereas the actual amount of an ad valorem
duty varies in response to the import prices, the effect
of a minimum import price is static in nature. The
purpose of both forms of measures is to eliminate the
injurious effects of dumping. When choosing the form of
the measure, the Commission has a wide discretion. In
previous investigations of farmed salmon, duties based

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ C 261, 23.10.2004, p. 8.
(3) OJ L 104, 23.4.2005, p. 5.

(4)

(5)

(6)

in the
in imposing provisional measures
However,
current case, the Commission provisionally considered
that a minimum import price might be difficult
to
enforce and be more open to circumvention than other
forms of measures. Therefore, in this investigation, provi-
sional measures were originally imposed in the form of
ad valorem duties.

the

adoption of provisional measures,

After
the
Community market has seen a significant, unprecedented
farmed
and unforeseeable rise in market prices
that
salmon. The situation is aggravated by the fact
salmon is to a large extent traded as a fresh product
with a short shelf-life. Thus, the excessive variations of
market prices cannot be offset by stocking sufficient
quantities of the product.

for

for not

In the specific circumstances of this case, the original
considerations
imposing minimum import
prices are no longer present. Indeed, currently there is
risk that a minimum import price will be
minimal
evaded,
in the past.
contrary to some
the volatility now observed in the market
However,
would also suggest that this dramatic development is
not of such a lasting nature as to put into question the
findings of dumping and injury made with regard to the
investigation period.

experience

it is considered appropriate
Under these circumstances,
the measures to a minimum
to change the form of
import price. As
the
minimum price is the same as that of an ad valorem
duty, i.e. to remove the effects of the injurious dumping.

the purpose of

stated above,

(8) Where imports are undertaken at a cif Community
border price equal to or above the minimum import
price established, no duty would be payable. If imports
are undertaken at a lower price, the difference between
the actual price and the minimum import price estab-
lished would become payable.

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Official Journal of the European Union

L 170/33

(9)

to remove

the minimum import price
As regards the level of
necessary
injurious
dumping, the present amendment does not change the
findings
and methodology used in the Regulation
imposing a provisional duty, in particular as set out in
recitals 132 to 134 of that Regulation.

effects of

the

the

(10) As imports from Norway made at prices at or above the
minimum import price will remove the effects of the
injurious dumping,
it is appropriate that the minimum
price should apply to all imports from Norway.

(11)

Farmed salmon is commonly traded in different presen-
tations (gutted head on, gutted head off, whole fish fillets,
other fillets or fillet portions). Therefore, when amending
the existing duties into their new form, a non-injurious
minimum import price level had to be established for
each of these presentations, to reflect the added costs
incurred in preparing each of them. In this respect, the
different minimum import prices are based on the
findings in previous anti-dumping investigations of the
product concerned, as well as the findings in this inves-
tigation. They are essentially derived from the conversion
factors,
contained in Council Regulation (EC)
No 772/1999 (1), and also used in this investigation.

as

(12)

The exporting producers should be aware that if it is
found that the measures are not effective, in particular,
if the minimum import price is manipulated, absorbed or
circumvented, the Commission may, after consulting the
further amend Regulation (EC)
Advisory Committee,
No 628/2005, where appropriate,
in order to ensure
the effectiveness of the measures.

3. DURATION OF THE MEASURES

(13)

a period of

The provisional anti-dumping measures were originally
six months. Exporting
imposed for
the
producers representing a significant percentage of
trade involved have requested an extension of the provi-
sional measures for a further period not exceeding three
months.

(14)

Therefore, and in accordance with Article 7(7) of the
basic Regulation, it is decided to extend the duration of
the provisional measures until 22 January 2006,
inclusive.

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

lation (EC) No 321/2003 (OJ L 47, 21.2.2003, p. 3).

4. FINAL PROVISION

(15)

In the interest of sound administration, and having
regard to the fact that time-limits for comments had
already been set in the Regulation imposing a provisional
duty, a period should be fixed, within which the
interested parties which made themselves known within
the time-limit specified in the notice of initiation may
make their views known in writing and request a hearing.
the findings
Furthermore,
concerning the imposition of duties made for
the
purposes of
this Regulation are provisional and may
have to be reconsidered for the purpose of any definitive
duty,

should be stated that

it

HAS ADOPTED THIS REGULATION:

Article 1

Article 1 of Regulation (EC) No 628/2005 is hereby replaced by
the following:

‘1.
A provisional anti-dumping duty is hereby imposed
farmed (other than wild) salmon, whether
on imports of
falling within
or not
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 (here-
inafter farmed salmon) originating in Norway.

fresh, chilled or

filleted,

frozen,

2. Wild salmon shall not be subject to the provisional
anti-dumping duty. For the purpose of this Regulation, wild
in respect of which the competent
salmon shall be that
authorities of
customs
the Member State, where
declaration for free circulation is accepted, are satisfied, by
means of all appropriate documents to be provided by
interested parties, that it was caught at sea for Atlantic or
Pacific salmon or in rivers for Danube salmon.

the

3.
The amount of the provisional anti-dumping duty shall
be the difference between the minimum import price fixed in
paragraph 4 and the free-at-Community-frontier price, before
duty, if the latter is lower than the former. No duty shall be
collected where the net, free-at-Community-frontier price is
equal
to or higher than corresponding minimum import
price fixed in paragraph 4.

For

4.
minimum import price
product weight:

the purpose of paragraph 3,

following
the
apply per kilogram net

shall

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Official Journal of the European Union

1.7.2005

Presentation of farmed salmon

Minimum
import price
EUR/kg net
product
weight

Whole fish, fresh, chilled or
frozen

2,81

Gutted, head-on, fresh, chilled
or frozen

3,12

Other
head-off),
frozen

(including
fresh,

gutted,
chilled or

3,51

Whole fish fillets and fillets
cut in pieces, weighing more
than 300 g per fillet, fresh,
chilled or frozen

Other whole fish fillets and
fillets cut in pieces, weighing
300 g or less per fillet, fresh,
chilled or frozen

4,99

6,00

TARIC code

0302 12 00 12
0302 12 00 33
0302 12 00 93
0303 11 00 93
0303 19 00 93
0303 22 00 12
0303 22 00 83

0302 12 00 13
0302 12 00 34
0302 12 00 94
0303 11 00 94
0303 19 00 94
0303 22 00 13
0303 22 00 84

0302 12 00 15
0302 12 00 36
0302 12 00 96
0303 11 00 18
0303 11 00 96
0303 19 00 18
0303 19 00 96
0303 22 00 15
0303 22 00 86

0304 10 13 12
0304 10 13 93
0304 20 13 12
0304 20 13 93

0304 10 13 15
0304 10 13 96
0304 20 13 15
0304 20 13 96

The release for free circulation in the Community of the
5.
product referred to in paragraph 1 shall be subject to the
provision of a security, equivalent
the
provisional duty.

to the amount of

6.
In cases, where goods have been damaged before entry
into free circulation and, therefore, the price actually paid or
payable is apportioned for the determination of the customs
value pursuant
to Article 145 of Commission Regulation
(EEC) No 2454/93 (*), the amount of anti-dumping duty,
calculated on the basis of paragraph 4, shall be reduced by
a percentage which corresponds to the apportioning of the
price actually paid or payable.

Unless otherwise specified,
7.
concerning customs duties shall apply.
___________
(*) OJ L 253, 11.10.1993, p. 1.’

the provisions

in force

Article 2

Without prejudice to Article 20 of Regulation (EC) No 384/96,
interested parties may request disclosure of the essential facts
and considerations on the basis of which this Regulation was
adopted, make their views known in writing and apply to be
heard orally by the Commission within 10 working days of the
date of entry into force of this Regulation.

Article 3

The second sentence of Article 3 of Regulation (EC) No
628/2005 is hereby replaced by the following:

‘Article 1 of this Regulation shall apply until 22 January
2006.’

Article 4

This Regulation shall enter into force three days following its
publication in the Official Journal of the European Union.

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

Done at Brussels, 30 June 2005.

For the Commission

Peter MANDELSON
Member of the Commission