Notice regarding the implementation of the Panel report adopted by the WTO Dispute Settlement Body concerning the anti-dumping measure applicable to imports of farmed salmon originating in Norway
Date: 2008-05-24
Institutions: European Commission
Subjects: Dispute Settlement Body, Norway, anti-dumping duty, anti-dumping legislation, fish, import, originating product

C 127/32

EN

Official Journal of the European Union

24.5.2008

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice regarding the implementation of the Panel report adopted by the WTO Dispute Settlement
Body concerning the anti-dumping measure applicable to imports of farmed salmon originating in
Norway

(2008/C 127/16)

1. Background

to bring the original measure into conformity with the recom-
mendations and rulings contained in the report.

2006,

the Council,

by Regulation

(EC)
In
January
No 85/2006 (1),
imposed a definitive anti-dumping duty and
collected definitively the provisional duty imposed on imports
of farmed salmon originating in Norway (‘the original measure’).
Subsequently, Norway lodged a World Trade Organisation
(‘WTO’) dispute settlement proceeding (case WT/DS 337). The
report of the Panel, which had been established by the WTO
Dispute Settlement Body (DSB), was circulated to WTO
members on 16 November 2007. At its meeting on 15 January
2008, the DSB adopted the Panel report (‘the report’). The
original measure should be brought into conformity with the
recommendations and rulings contained in the report.

The report can be consulted on line at
address:

the following web

http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds337_e.htm

2. Reasonable period of time

The various findings to be implemented are mainly of a factual
nature and concern a large number of operators in the EU but
also parties in Norway. The implementation process will be fina-
lised within a reasonable period of time defined in accordance
with the provisions of Article 21 of the WTO Understanding
on Rules and Procedures governing the Settlement of Disputes.

3. Legal basis and implementation

The Council,
in accordance with Council Regulation (EC)
No 1515/2001 of 23 July 2001 on the measures that may be
taken by the Community following a report adopted by the
WTO Dispute Settlement Body concerning anti-dumping and
anti-subsidy matters (‘the enabling Regulation’) (2), may on a
proposal submitted by the Commission after consultation of the
Advisory Committee take measures that it considers appropriate

(1) OJ L 15, 20.1.2006, p. 1.
(2) OJ L 201, 26.7.2001, p. 10.

4. Procedure

The Commission, on the basis of Article 1(2) of the enabling
Regulation, requests interested parties to provide all necessary
information in order to complete the information obtained
during the investigation that resulted in the adoption of the
original measure.

(a) Investigation period and Period considered

As was the case in the investigation that resulted in the adoption
of the original measure, the data to be collected concerning the
dumping aspects of the investigation will cover the period from
1 October 2003 to 30 September 2004 (‘investigation period’
or ‘IP’). The examination of trends relevant for the assessment of
injury will cover the period from 1 January 2001 to the end of
the IP (‘period considered’).

(b) Questionnaires

In order to obtain the additional information it deems necessary
for the implementation, the Commission will send question-
naires to any producer or any association of producers in the
Community, to certain exporters/producers in Norway or to
associations of exporters/producers, to the authorities of the
exporting country concerned and to any other parties known to
be concerned.

(c) Collection of information and holding of hearings

All
interested parties are hereby invited to make their views
known, submit information, including information other than
questionnaire replies and to provide supporting evidence. This
information and supporting evidence has to reach the Commis-
sion within the time limit set in point 5(b).

24.5.2008

EN

Official Journal of the European Union

C 127/33

the Commission may hear

Furthermore,
interested parties,
provided that they make a request showing that there are par-
ticular reasons why they should be heard. This request must be
made within the time limit set in point 5(c).

5. General time limits

(a) For parties to request a questionnaire

All interested parties should request a questionnaire 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

interested parties,

All
if their representations are to be taken
into account during the investigation, must make themselves
known by contacting the Commission, present their views and
submit questionnaire replies or any other information within
40 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 the exercise of most proce-
dural rights set out in 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’) depends on the party's making itself
known within the aforementioned period.

(c) Hearings

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

6. Written submissions, questionnaire replies and cor-

respondence

All submissions and requests made by interested parties must be
made in writing (not in electronic format, unless otherwise
specified) and must indicate the name, address, e-mail address,
telephone and fax numbers of the interested party. All written
submissions, including the information requested in this notice,
questionnaire replies and correspondence provided by interested
parties on a confidential basis shall be labelled as ‘Limited’ (2)
and, in accordance with Article 19(2) of the basic Regulation,
shall be accompanied by a non-confidential version, which will
be labelled ‘For inspection by interested parties’.

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate H
Office: J-79 4/23
B-1049 Brussels
Fax (32-2) 295 65 05

7. Non-cooperation

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits, or
significantly impedes the investigation, provisional or final find-
ings, affirmative or negative, may be made in accordance with
Article 18 of the basic Regulation, 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. If an interested
party does not cooperate or cooperates only partially and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation, the result may be less favour-
able to that party than if it had cooperated.

8. Processing of personal data

It is noted that any personal data collected in this investigation
will be treated in accordance with Regulation (EC) No 45/2001
of the European Parliament and of the Council of 18 December
2000 on the protection of individuals with regard to the proces-
sing of personal data by the Community institutions and bodies
and on the free movement of such data (3).

9. Hearing Officer

their

they may request

in the exercise of

the intervention of

It is also noted that if interested parties consider that they are
rights of
encountering difficulties
defence,
the Hearing
Officer of DG Trade. He acts as an interface between the inter-
ested parties and the Commission services, offering, where
necessary, mediation on procedural matters affecting the protec-
tion of their interests in this proceeding,
in particular, with
regard to issues concerning access to the file, confidentiality,
extension of time limits and the treatment of written and/or
oral submission of views. For further information and contact
details, interested parties may consult the Hearing Officer's web
pages on the website of DG Trade (http://ec.europa.eu/trade).

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

No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council regarding public access to
European Parliament, Council and Commission documents (OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant to Article 19
of the basic Regulation and Article 6 of the WTO Agreement on Imple-
mentation of Article VI of the GATT 1994 (Anti-dumping Agreement).

(3) OJ L 8, 12.1.2001, p. 1.