CELEX: 51998PC0531
Language: en
Date: 1998-09-14
Title: Proposal for a Council Regulation (EC) further amending Regulations (EC) No 1890/97 and (EC) No 1891/97 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 14.09.1998
                                              COM(1998)531final
                               Proposal for a
                      COUNCIL REGULATION (EC)
 further amending Regulations (EC) No 1890/97 and (EC) No 1891/97 imposing
definitive anti-dumping and countervailing duties on imports of farmed Atlantic
                         salmon originating in Norway
                      (presented by the Commission)
 ---pagebreak---  ---pagebreak---                               EXPLANATORY MEMORANDUM
1. By Regulations (EC) No 1890/97 and (EC) No 1891/97, the Council imposed
   definitive anti-dumping and countervailing duties on imports of farmed Atlantic
   salmon from Norway, except where this product is exported by one of 190
   Norwegian exporters from which the Commission, by Decision 97/634/EC, had
   accepted individual price undertakings.
2. By Regulation (EC) No 772/98, the Council amended on 9 April 1998 the above
   Regulations to impose definitive anti-dumping and countervailing duties on 24
   Norwegian exporters which had been found to have violated their undertakings in
   relation to the first reporting quarter (third quarter 1997).
3. The Commission, by Regulation (EC) No 1126/98, imposed provisional anti-
   dumping and countervailing duties on twelve exporters, which had failed to respect
   their reporting obligations for the fourth quarter of 1997. Having been given an
   opportunity to comment immediately after the imposition of these duties, none of
   the companies concerned was able to provide any evidence of force majeure for its
   late reporting or lack of it.
4.  Thercrore, the Commission concluded that these companies violated their
   undertakings, which should be revoked. All parties concerned were accordingly
   informed and given an opportunity to comment, without that leading the
   Commission to change its findings.
5. Consequently, for the twelve companies having violated their undertakings,
   definitive anti-dumping and countervailing duties should be imposed.
6. In accordance with Article 8 (9) of Regulation (EC) No 384/96 and with Article 13
   (9) of Regulation (EC) No 2026/97, the rate of the definitive anti-dumping and
   countervailing duty to be imposed should be established on the basis of the findings
   of the investigations, which led to the undertakings. In this regard, it is considered
   appropriate to set the rate of the definitive anti-dumping duty at 0.32 ECU per kilo
    net product weight, and the rate of the definitive countervailing duty at the level of
    3.8%.
                                              %
 ---pagebreak---                          COUNCIL REGULATION (EC) No         /98
                                             of
   further amending Regulations (EC) No 1890/97 and (EC) No 1891/97 imposing
  definitive anti-dumping and countervailing duties on imports of farmed Atlantic
                               salmon originating in Norway
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
Community1, as last amended by Regulation (EC) No 905/982 of 27 April 1998, and in
particular Articles 8(9) and 9 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 Community3,
and in particular Articles 13(9) and 15 thereof,
Having regard to the proposal submitted by the Commission after consulting the
Advisory Committee,
Whereas:
1
    OJL 56, 6.3.1996, p. I.
2
    OJL 128, 30.4.98, p. 18.
3
    OJ L 288, 21.10.1997, p. 1
 ---pagebreak---                                 A. PROVISIONAL MEASURES
(I )     In (he framework of the anti-dumping and anti-subsidy investigations initiated by
        two separate notices published in the Official Journal of the European
        Communities4, the Commission accepted, by Decision 97/634/EC5, undertakings
        offered by the Kingdom of Norway and by 190 Norwegian exporters.
(2)     The text of the undertakings specifically provides that failure to comply with the
        reporting obligations and, in particular, failure to submit the quarterly report
        within the prescribed time-limit except in case of force majeure, would be
        construed as a violation of the undertaking.
(3)     For the fourth quarter of 1997, twelve Norwegian exporters failed to comply with
        their obligation to present a report within the prescribed time limit or did not
        submit any report at all. These exporters did not provide any evidence of force
        majeure to justify such late reporting or non-reporting.        On this basis, the
        Commission had reasons to believe that these companies had breached the terms
        of their undertakings.
(4)     Consequently, the Commission, by Regulation (EC) No 1126/986, hereinafter
        referred to as the "provisional duty Regulation", imposed provisional anti-
        dumping and countervailing duties on imports of farmed Atlantic Salmon falling
        within CN codes ex 0302 12 00, ex 0304 10 13, ex 0303 22 00 and ex 0304 20 13
        originating in Norway and exported by the twelve companies listed in the Annex
        to that Regulation.         By the same Regulation, the Commission deleted the
        companies concerned from the Annex to Decision 97/634/EC listing the
        companies, from which undertakings were accepted.
4
    OJ C 235, 31. 8.1996, p. 18, and OJ C 235, 31.8.1996, p. 20.
5
     OJL267, 30.9.1997, p. 81.
6
     OJL 157, 30.5.1998, p. 82.
 ---pagebreak---                          B. SUBSEQUENT PROCEDURE
(5) All twelve Norwegian companies subject to the provisional duties received
    disclosure in writing concerning the essential facts and considerations, on the
    basis of which these provisional duties were imposed.
(6) Within the time limit set in the provisional duty Regulation, some of the
    Norwegian companies concerned submitted comments in writing.
(7) Subsequent to the written submissions received, the Commission sought and
    examined all information it deemed necessary for the purpose of a definitive
    determination on the apparent violations.
(8) None of the companies, which failed to respect their reporting obligations,
    submitted any valid evidence of force majeure as would have been necessary
    under the terms of the undertaking in order to lawfully justify such failure.
    In the absence of specific provisions in this regard in Regulation (EC) No 384/96,
    hereinafter referred to as the "basic Anti-dumping regulation", and in Regulation
    (EC) No 2026/97, hereinafter referred to as the "basic Anti-subsidies regulation",
    and in accordance with the case law of the Court of Justice, the justification
    invoked by each company as circumstances constituting force majeure can only
    be recognised as such where the failure was the inevitable result of an extraneous
    cause which could not reasonably have been foreseen or pre-empted and made it
    objectively impossible for the company concerned to comply with its obligations.
    In this regard, all circumstances invoked by the parties concerned, e.g. the illness
    of staff members for a few days, or the intense activity of other fish productions,
    cannot be considered as circumstances constitutingyôrce majeure.
 ---pagebreak--- (9)      Two out of the twelve exporters listed in Annex I, i.e. Gigante Fiskekroken AS
        and Melands Rokeri Eftf. AS7, have notified the Commission that they have
        changed their names and requested that the newly named companies be allowed to
        enter new undertakings as newcomers. However, the Commission is of the view
        that a simple change of name of a company is not sufficient to bring a party
        within the scope of Article 2 of Regulation (EC) No 1890/978 and Article 2 of
        Regulation (EC) No 1891/979.
                                  C. DEFINITIVE MEASURES
( 10)    The interested parties were informed of the essential facts and considerations, on
        the basis of which it was intended to confirm the withdrawal of the Commission's
        acceptance of their undertaking and to recommend the imposition of definitive
        anti-dumping and countervailing duties and the definitive collection of the
        amounts secured by way of provisional duties. They were also granted a period,
        within which to make representations subsequent to this disclosure.
(11)    In view of the comments submitted, it is concluded that definitive anti-dumping
        and countervailing duties should be imposed on imports of farmed Atlantic
        Salmon originating in Norway and exported by the companies listed in Annex I.
(12)    The investigations, which led to the undertakings, were concluded by a final
        determination as to dumping and injury by Regulation (EC) No 1890/97, and by a
         final determination as to subsidisation and injury by Regulation (EC) No 1891/97.
7
     The new names are Gigante Sild AS and Kokespesialisten AS, respectively.
8
    OJ L 267, 30.9.1997, p. I as last amended by Regulation (HC) No /98, OJ L of .1998, p..
0
    OJ L 267, 30.9.1997, p. 19 as last amended by Regulation (EC) No /98, OJ I. of. 1998, p.
 ---pagebreak---      Therefore, in accordance with Article 8(9) of the basic Anti-dumping regulation
     and Article 13(9) of the basic Anti-subsidies regulation, the rate of the definitive
     duties for the twelve Norwegian companies should be fixed at the level of the
     duties established in those two regulations.
         D. DEFINITIVE COLLECTION OF PROVISIONAL DUTIES
(13) A breach of undertaking has been established in relation to the twelve exporters
     having violated their undertakings. Therefore, it is considered necessary that the
     amounts secured by way of provisional anti-dumping and countervailing duties be
     definitively collected at the level of the definitive duties.
(14) The Annexes to Regulation (EC) No 1890/97 and Regulation (EC) No 1891/97,
     as last amended by Regulation (EC) No /98, exempting the parties listed therein
     from the duty, should be amended to remove that exemption from the twelve
     companies listed in Annex I to the present Regulation,
HAS ADOPTED THIS REGULATION:
                                        Article 1
1.   The Annex to Regulation (EC) No 1890/97 is hereby replaced by Annex II.
2.   The Annex to Regulation (EC) No 1891/97 is hereby replaced by Annex II.
                                           ?
 ---pagebreak---                                           Article 2
The amounts secured by way of the provisional anti-dumping and countervailing duties
imposed by Regulation (EC) No 1126/98 in relation to farmed (other than wild) Atlantic
salmon falling within CN codes ex 03021200 (Taric code: 03021200*19), ex 03041013
(Taric code: 03041013*19), ex 03032200 (Taric code: 03032200*19) and ex 03042013
(Taric code: 03042013*19) originating in Norway and exported by the companies listed
in the Annex I to this Regulation shall be definitively collected.
                                          Article 3
This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Communities. This Regulation shall be binding in its
entirety and directly applicable in all Member States.
Done at Luxembourg,
                                                                          For the Council
                                                                           The President
 ---pagebreak---                                    ANNEXI
List of companies subject to definitive anti-dumping and countervailing duties
         UT No                  Company Name                     Taric
                                                               additional
                                                                 code
           Ï9   A/S Nortraders Ltd                               8ÎÏ7
           45   Fader Martin AS                                  8142
           55   Gigante Fiskekroken AS                           8152
           59   Gunnar Klo AS                                    8301
           71   Inter Road AS                                    8173
           95   Melands Rokeri Eftf. AS                          8199
          106   Niscan Corporation AS                            8212
          ÎÔ9   Nor-Trade International                          82Ï5
          Ï25   Norway Seafarms AS                               83Ï3
          136   Oster Sea Products AS                            8241
          138   Pero Food AS                                     8243
          Ï86   VestAgenturAS                                    8320
 ---pagebreak---                                 ANNEX II
             List of companies benefiting from undertakings
  UTNo                      Company Name                          Taric
                                                               additional
                                                                  Code
1      A. Ovreskotnes AS                                     8095
3      Agnefest Seafood                                      8325
5      Alsvag Fiskeprodukter A/S                             8098
7      Aqua Export A/S                                       8100
8      Aqua Partner A/S                                      8101
11     Arctic Group International                            8109
13     Artie Superior A/S                                    8111
14     Arne Mathiesen A/S                                    8112
                                                            . _ _
15     A/S Aalesundfisk
16     A/S Austevoll Fiskeindustri                          Tfi4        ~"~~
                                                            — — -
17     A/SKeco                   "~      "    ~
20     A/S Refsnes Fiskeindustri                             Jm
21     A/S West Fish Ltd                                    "si\9
22     Astor A/S                                            "8120
23     Atlantic King Stranda A/S                            "8121
24     Atlantic Seafood A/S                                 "8122
26     Borkowski & Rosnes A/S                                8124
27     Bradrene Aasjord A/S                                  8125
28     Bradrene Eilertsen A/S                                8126
30     Brodrene Remo A/S                                     8128
31     Christiansen Partner A/S                              8129
32     Clipper Seafood A/A                                   8130
33     Coast Seafood A/S                                     8131
35     Dafjord Laks A/S                                      8133
36     DelfaNorgeA/S                                         8134
 ---pagebreak---   UTNo                      Company Name     Taric
                                           additional
                                             Code
39      Domstein Salmon A/S              8136
41      Ixco Fisk & Delikatesse          8138
42      lidvard Johnsen A/S              8139
43      Eurolaks AS                      8140
44     Euronor AS                        8141
46     Fiskeforsyningen AS               8143
47     Fjord Aqua Group AS               8144
48      Fjord Trading Ltd. AS            8145
49     Fonn Egersund AS                  8146
50     Fossen AS                         8147
51     Fresh Atlantic AS                 8148
52     Fresh Marine Company AS           8149
53     Fryseriet AS                      8150
58     Grieg Seafood AS                  8300
60     Haafa fisk AS                     8302
61     Hallvard Leroy AS                 8303
62     Heray Filetfabrikk AS             8304
64     Hirsholm Norge AS                 8306
65     Hitramat & Delikatesse AS         8154
66     Hydro Seafood Sales AS            8159
67     Hydrotech-gruppen AS              8428
68     Icelandic Freezing Plants N. AS   8165
70     Incofood AS                       8172
72     Inter Sea AS                      8174
75     Janas AS                          8177
76     Joh. H. Pettersen AS              8178
77     Johan J. Helland AS               8179
79     Karsten J. Ellingsen AS           8181
 ---pagebreak---  UTNo                     Company Name       Taric
                                          additional
                                             Code
80    Kr. Klcivcn & Co. AS               8182
82    Labeyrie Norge AS                  8184
83    Lafjord Group AS                   8185
84    Langfjord Laks AS                  8186
85    Leica Fiskeprodukter               8187
86    Leonhard Products AS               8423
87    Lofoten Seafood Export AS          8188
88    Lorentz A. Lossius AS              8189
89    Ma-vo Norge AS                     8190
90    Marex AS                           8326
92    Marine Seafood AS                Tl96~~
                                       _   _
93    Marstein Seafood AS
96    Memo Food AS                       8200
98    Midsundfisk AS                     8202
99    Myre Sjomat AS                     8203
100   Naco Trading AS                    8206
101   Namdal Salmon AS                   8207
104   Nergard AS                         8210
105   Nils Williksen AS                  8211
107   Nisja Trading AS                   8213"
108   Nor-Food AS                        8214
111   Nordic Group ASA                   8217
112   Nordreisa Laks AS                  8218
113   Norexport AS                       8223
114   Norfi Produkter AS                 8227
115   Norfood Group AS                   8228
116   Norfra Eksport AS                  8229
117   NorMan Trading Ltd. AS             8230
 ---pagebreak---  UTNo                          Company Name        Taric
                                                additional
                                                   Code
119      Norsk Akvakultur AS                   8232
120      Norsk SJ0mat AS                       8233
121      Northern Seafood AS                   8307
122      Nortrade AS                           8308~
123      Norway Royal Salmon Sales AS          8309
124      Norway Royal Salmon AS                8312
126      Norway Seafoods ASA                   8314
128      Norwell AS                            8316
129      Notfisk Arctic AS                     8234
130      Nova Sea AS                           8235
134      Ok-Fish Kvalheim AS                   8239
137      Pan Fish Sales AS                     8242
140       Polar Seafood Norway AS              8247"
141       Prilam Norvege AS                    8248
142       Pundslett Fisk                       8251
143      Roger AS                              8253
144      RolfOlsen Seafood AS                  8254
145      Ryfisk AS                             8256
146      Rjarvik Fisk-og fiskematforretning AS 8257
147       Saga Lax Norge AS                    8258
148       Saga Lax Nord A/S                    8259
149       Salomega AS                          8260
      n
151       Sangoltgruppa AS                     8262
153       Scanfood AS                          8264
154       Sea Eagle Group AS                   8265
155       Sea Star International AS            8266"
156       Sea-Bell AS                          8267
157       Seaco AS                             8268
        .__ .
 ---pagebreak---  UTNo                      Company Name      Taric
                                          additional
                                             Code
158   Seacom AS                          8269
159   Seacom Nord AS                     8270
160   Seafood Farmers of Norway Ltd AS   8271
161   Searior AS                         8272
162   Sekkingstad AS                     8273
164   Sirena Norway AS                  "8275"
165   Kinn Salmon AS                     8276
166   Skarpsno Mat                       8277
167   SL Fjordgruppen AS                 8278
168   SMP Marine Produkter AS            8279
171   Stavanger R0keri AS                8282
172   Stjernelaks AS                     8283
174   Stolt Sea Farm AS                  8285"
175   Storm Company AS                   8286
176   Superior AS                        8287
177   Svenodak AS                        8288
178   Terra Seafood AS                   8289
180   Timar Seafood AS                   8294
182   Torris Products Ltd. AS            8298
183   Troll Salmon AS                    8317
187   Vie de France Norway AS            8321
188   Vikenco AS                         8322
189   Wannebo International AS           8323
190   West Fish Norwegian Salmon AS      8324
191   Nor-Fa Food AS                     8102
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 531 final
                                              DOCUMENTS
EN                                                                03 02 11
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                                                             ISBN 92-78-39233-2
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