CELEX: 51998PC0192
Language: en
Date: 1998-03-23
Title: Proposal for a Council Regulation (EC) amending Council 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, 23.03.1998
                                                 COM(1998) 192 final ,
                                  Proposal for a
                        COUNCIL REGULATION (EC)
amending Council 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 the 190
   Norwegian exporters from which the Commission, by Decision 97/634/EC, had
   accepted undertakings.
2. On the basis of the reports received from the Norwegian exporters for the
   monitoring of these undertakings, there were reasons to believe that 6 exporters
   had violated the minimum price provision of the undertaking, and that 23
   exporters had violated their reporting obligations. Therefore, the Commission, by
   Regulation (EC) No 2529/97, imposed provisional anti-dumping and
   countervailing duties on imports of Norwegian salmon exported by these 29
   companies.
3. In the subsequent investigation, 4 of the 6 companies could show that the
   minimum price had appeared violated because of erroneous reporting which was
   not in line with the reporting guidelines attached to the undertaking. In fact they
   had not violated their undertakings. One of the 23 companies which appeared to
   have violated the reporting obligations could show that it had actually sent its
   report in good time.
4. In respect of these 5 companies, the Commission, by Regulation (EC) .../..
   repealed the provisional duties imposed by Regulation (EC) No 2529/97 and
   reinstated the undertakings accepted from these companies.
   At the same time, the Commission accepted an undertaking offered by a new
   exporter, and, added this company to the annexes of Regulations (EC) No
    1890/97 and 1891/97 each of which contains the list of parties which are exempted
    from the definitive anti-dumping and countervailing duties.
5.  Concerning the other 24 exporters for which a violation of their undertakings has
    been confirmed, definitive anti-dumping and countervailing duties should be
    imposed and the amounts secured by way of the provisional anti-dumping and
    countervailing duties imposed by Regulation (EC) No 2529/97 should be
    definitively collected.
    For the sake of clarity the annexes of Regulations (EC) No 1890/97 and 1891/97
    should be updated accordingly.
 ---pagebreak--- Finally, taking advantage of this publication, the change of name by one company,
and the correction of the name for another company should also by included in
such update.
                                            3
 ---pagebreak---                          COUNCIL REGULATION (EC) No .../..
                                                 of
   amending Council 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
Community (*), 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 subsidized imports from countries not members of the European Community (2),
and in particular Articles 13 (9) and 15 thereof,
Having regard to the proposal submitted by the Commission after consulting the
Advisory Committee,
Whereas:
A.    PROVISIONAL MEASURES
(1) In the framework of the anti-dumping and anti-subsidy investigations initiated by
      two separate notices published in the Official Journal of the European
      CommunitiesQ), the Commission had accepted, on 26 September 1997, by Decision
      97/634/EC(4), undertakings offered by the Kingdom of Norway and by 190
 1
     OJ No L 56, 6.3.1996, p.l; Regulation as amended by Regulation (EC) No 2331/96 (OJ No L 317,
     6.12.1996, p.l).
2
     OJNoL28S,21.10.1997,p.l.
3
     OJNo C 235, 31.8.1996, p.18, and
     OJ No C 235, 31.8.1996, p.20.
 4
     OJ No L 267, 30.9.1997, p.81.
                                                    1
 ---pagebreak---     Norwegian exporters. These undertakings apply to all sales invoiced by these
    exporters since 1 July 1997.
    Subsequent to the acceptance of these undertakings, the Commission had reasons to
    believe that 29 exporters were failing to comply with the terms of these
    undertakings:
          it appeared from their reports relating to the third quarter 1997 that six
          Norwegian exporters had made sales on the Community market below the
          minimum price stipulated in the undertaking for each presentation of the
          product concerned;
          23 Norwegian exporters failed to comply with their obligation to submit their
          report relating to the third quarter 1997 within the prescribed time limit, or did
          not submit such report at all. These exporters did not provide any evidence of
         force majeure to justify such late reporting.
(2) Consequently, the Commission, by Regulation (EC) No 2529/97 (5), 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 companies listed in the Annex 1 to that Regulation.
B.  SUBSEQUENT PROCEDURE
(3) All Norwegian companies concerned by the provisional duties received disclosure in
    writing concerning the essential facts and considerations on the basis of which these
    duties were imposed.
(4) Within the time limit set in the provisional duty Regulation, most of the Norwegian
    companies concerned submitted comments in writing.
(5) Subsequent to the written submissions received, the Commission sought and
    verified all information it deemed necessary for the purpose of a definitive
5
   OJ No L 346, 17.12.1997, p.63.
                                               5
 ---pagebreak---      determination on the apparent violations. The Commission's findings are set out in
     Regulation (EC) No.../.A
C.   DEFINITIVE MEASURES
(6) Parties were informed of the essential facts and considerations on the basis of which
     it was intended 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
(7) The exporters concerned having been given an opportunity to comment, 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 1 to the present Regulation.
(8) The investigations which led to the undertakings were concluded by a final
      determination as to dumping and injury by Regulation (EC) No 1890/97(7) and by a
      final determination as to subsidization and injury by Regulation (EC) No
      1891/97(8). Therefore, the rate of the definitive duties should be fixed at level of the
      duties established in those two regulations, in accordance with Article 8 (9) of
      Council Regulation (EC) No 384/96 and Article 13 (9) of Council Regulation (EC)
      No 2026/97.
 D.   DEFINITIVE COLLECTION OF PROVISIONAL DUTIES
 (9) In relation to the exporters for which a breach of undertaking has been established, 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.
 6
     OJNoL . . . , . . . . , p . . .
 7
     OJ No L 267, 30.9.1997, p. 1.
  8
     OJ No L 267, 30.9.1997, p.19.
                                                  c
 ---pagebreak--- E.   AMENDMENT OF THE ANNEXES TO REGULATION            (EC) No 1890/97    AND
     REGULATION (EC) No 1891/97
(10) .In addition, certain companies informed the Commission that their name had been
     changed or that their name as shown in the Annex to Decision 97/634/EC is not
     correct. Where a company has changed its name, the Commission verified that there
     was no change in the corporate structure which would call for a more detailed
     examination of the appropriateness of maintaining its undertaking.
     The Annexes to Regulation (EC) No 1890/97 and Regulatipn (EC) No 1891/97,
      exempting the parties listed therein from the duty, should be amended to remove
      that exemption from the companies listed in Annex 1 hereto, and update these
      Annexes to take account the change of name of Skaarfish Group AS, and the
      correction of the names of West Fish Sales Ltd.
HAS ADOPTED THIS REGULATION:
                                         Article 1
The Annex to Regulation (EC) No 1890/97 is hereby replaced by Annex 2 to the present
Regulation.
                                         Article 2
The Annex to Regulation (EC) No 1891/97 is hereby replaced by Annex 2 to the present
Regulation.
                                         Article 3
The amounts secured by way of the provisional anti-dumping and countervailing duties
imposed by Regulation (EC) No 2529/97 in relation to farmed (other than wild) Atlantic
salmon falling within CN codes ex 0302 12 00 (Taric code: 0302 12 00 * 19), ex 0304 10
 13 (Taric code: 0304 10 13 * 19) , ex 0303 22 00 (Taric code: 0303 22 00 * 19) and ex
0304 20 13 (Taric code: 0304 20 13 * 19) originating in Norway and exported by the
companies listed in the Annex 1 to the present Regulation shall be definitively collected.
                                         Article 4
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities.
                                             ^
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,                                  For the Council
                                                S
 ---pagebreak---                          ANNEX 1
   No                   Company Name     Taric
                                       additional
                                         Code
    6   Altafjord Oppdrett A/S           8099
~"  9   Aqua Supply A/S                  8107
   10   AquatradeAS                      8108
   18   A/S More Codfish Company         8lT6
   34   Compania do Bacalhau Lda A/S     8132
   38   DNHS Fishing Company A/S         8399
   56   Gje-vi A/S                       8L53
   57   Gjendemsjo Fisk A/S              8299
   63   Heroy Lakseoppdrett AL           8305
                                     :
   73   J. Meinert A/S                   8T75
   74   Jan og Einar Martinussen A/S     8176
   78   Karl Storm Andersen Eft A/S      8180
   91   Marinco A/S                      §191
   94   Master Seafood                   8198
   102  Nature Sea-lect Ltd              8208
   103  Neptun Stavanger A/S              8209
   HO   Nordhav A/S                      82T6
   127  Norwegian Salmon A/S              8315
   132  Ocean Superior Products A/S       8237
   135  Omega Sea A/S                     8240
   139  Polar Gigante A/S                 8246
   170   Starfish                         8281
   184   Uniprawns A/S                    83ls
    185  Varebers's Roykeri               8319
                  l                       ;
 ---pagebreak---                           ANNEX 2
  UT No                Company Name               Taric
                                                additional
                                                  Code
    1   A.Ovreskotnes AS                          8095
    2   A.B.A. A/S                                8096
    3   Agnefest Seafood                          8325
                                          :
"   4   Alamar A/S                                8097
    5   Alsvag Fiskeprodukter A/S                 8098
    7   Aqua Export A/S                           8100
    8   Aqua Partner A/S                          8101
    11  Arctic Group International                8109
    12  Arctic Product A/S                         8H0
    13  Artie Superior A/S                         8m
    14  Arne Mathisen A/S                         8112
    15  A/S Aalesundfisk                           8lT3
    16  A/S Austevoll Fiskeindustri                8114
    17  A/S Keco                                   8H5
    19  A/S Nortraders Ltd            '            8U7
    20  A/S Refsnes Fiskeindustri                 8TT8
    21  A/S West Fish Ltd               '.         81T9
    22  Astor A/S                                  8l20
    23  Atlantic King Stranda A/S                  8121
    24  Atlantic Seafood A/S                '      8122
    25  Atlantis A/S                               8123
    26  Borkowski & Rosnes A/S                     8124
    27  Brodrene Aasjord A/S                       8125
    28   Brodrene Eilertsen A/S                    8L26
    29   Brodrene Karlsen A/S                      8L27
     30  Brodrene Remo A/S                         SLZS
                                              ,
                                   1°
 ---pagebreak---   UT No                Company Name     Taric
                                      additional
                                        Code
   31   Christiansen Partner A/S        8129
'  32   Clipper Seafood A/A              800
                                 :
   33   Coast Seafood A/S               8131
   35   Dafjord Laks A/S                8133
   36   DelfaNorgeA/S                   8134
   37   DM Direkte Markedsforingsbyra   8135
   39   Domstein Salmon A/S             8136
   40   E. Slorer Jacobsen & Co. A/S    8137
   41   Ecco Fisk & Delikatesse         8138
   42   Edvard Johnsen A/S              8139
   43   Eurolaks AS                     8l40
   44   Euronor AS                      8141
   45   Fader Martin AS                 8142
   46   Fiskeforsyningen AS             8143
   47   Fjord Aqua Group AS             8144
   48   Fjord Trading Ltd. AS           8145
   49   Form Egersund AS                8146
    50  Fossen AS                       8147
    51  Fresh Atlantic AS               8148
    52  Fresh Marine Company AS         8149
    53  Fryseriet AS                    §150
    54  Froya Fiskeindustri AS          8151
    55  Gigante Fiskekroken AS          8152
    58  Grieg Seafood AS                8300
    59  Gunnar Klo AS                   8301
    60  Haafa fisk AS                   8302
    61  Hallvard Leroy AS               8303
                           nn
 ---pagebreak--- UT No                 Company Name        Taric
                                        additional
                                          Code
 62   Her0y Filetfabrikk AS               8304
 64   Hirsholm Norge AS                   8306
                                      k
 65   Hitramat & Delikatesse AS           8154
  66  Hydro Seafood Sales AS              8L59
  67  Hydrotech-gruppen AS                8428
  68  Icelandic Freezing Plants N. AS     8165
  69  Imperial Salmon Co. AS              8171
  70  Incofood AS                         8172
  71  Inter Road AS                       8173
  72  Inter Sea AS                        §174
                                    :
  75  Janas AS                            8177
  76  Joh. H. Pettersen AS                8178
  77  Johan J. Helland AS                 8179
  79  Karsten J. Ellingsen AS              8lil
  80  Kr. Kleiven & Co. AS                 8l82
  81  Kurt F. Loseth & Co AS              8183
 ~82   Labeyrie Norge AS                  §184
  83   Lafjord Group AS                   §185
  84   Langfjord Laks AS                   8186
  85   Leica Fiskeprodukter                8187
  86   Leonhard Products AS                8423
   87  Lofoten Seafood Export AS           £188
   88  Lorentz A. Lossius AS               8189
   89  Ma-vo Norge AS                      8190
   90  Marex AS                            8326
   92  Marine Seafood AS                   8196
   93  Marstein Seafood AS                 8197
                                *Z
 ---pagebreak--- UT No                  Company Name         Taric
                                          additional
                                            Code
 95    Melands Rokeri Eftf. AS              §T99
 96    Memo Food AS                         8200
 97    Midtco AS                            8201
 98    Midsundfisk AS                       82(5
 99    Myre Sjomat AS                       8203
 100   Naco Trading AS                      8206
 101   Namdal Salmon AS                     8207
 104   Nergard AS                    '      8210
 105   NibWilliksenAS                       82U
 106   Niscan Corporation AS                8212
 107   Nisja Trading AS                     8213
 108  ' Nor-Food AS                          8214
 109   Nor-Trade International              82T5
 Til    Nordic Group ASA                    8217
 U2     Nordreisa Laks AS                   8218
 U3     Norexport AS                        8223
 H4     Norfi Produkter AS                  8227
 H5     Norfood Group AS                    822*$
 \\6    Norfra Eksport AS                   8229
 Fl7    NorMan Trading Ltd. AS              8230
 US     Nornir Group AS                     8231
 H9     Norsk Akvakultur AS                 8232
 120    Norsk Sjomat AS                     8233
 121    Northern Seafood AS                 8307
 122    Nortrade AS                          8308
 123    Norway Royal Salmon Sales AS         8309
 124    Norway Royal Salmon AS         ~~    8312
                               1 3
 ---pagebreak--- UTNo                  Company Name                Taric
                                                additional
                                                  Code
 125  Norway Seafarms AS                          83L3
 126  Norway Seafoods ASA                         8314
 128  Norwell AS                                  8316
 129  Notfisk Arctic AS                           8234
 130  Nova Sea AS                                 8235
 ill  NTC Norwegian Taste Company AS              823(5
 lH   Oddvin Bjorge AS                            8238
 134  Ok-Fish Kvalheim AS                         8215
 136  Oster Sea Products AS                       8241
 137  Pan Fish Sales AS                           8242
                                   :
 138  Pero Food AS                                8243
 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                                    82H
 146  Rorvik Fisk-og fiskematforretning AS         8257
 147  Saga Lax Norge AS                            8258
 148  Saga Lax Nord A/S                            8259
 149  Salomega AS                                  8260
 150  Sandanger AS                                 8261
  lJi Sangoltgruppa AS                             8262
  ill Scan-Mar AS                                  8263
  153 Scanfood AS                                  8264
  154  Sea Eagle Group AS                          8265
  ill  Sea Star International AS                   8266
                          A^i
 ---pagebreak--- UT No                 Company Name         Taric
                                         additional
                                           Code
 156  Sea-Bell AS                          8267
 ill  Seaco AS                         "   82618
 158  Seacbm AS                            8269
 159  SeacomNordAS                         8270
 160  Seafood Farmers of Norway Ltd AS     8271
 161  Seanor AS                            8272
 ill  Sekkingstad AS                       8273
 163  Sigerfjord-Fisk AS                   8274
 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
 i69  Sotra Fiskeindustri AS               8280
 171  Stavanger Rokeri AS                  8282
 172  Stjemelaks AS                        8281
 173  Stokfish Norway AS                   8284
 174  Stolt Sea Farm AS                    8285
 175  Storm Company AS                     8286
 176  Superior AS                           8287
 1*77 Svenodak AS                           8288
 178  Terra Seafood AS                      8289
 179  Thorleif E. Ellingsen AS              8293
 180  Timar Seafood AS                      8294
 ill  Torget International AS               8297
 182  Torris Products Ltd. AS               8298
  183 Troll Salmon AS                       8317
                          As
 ---pagebreak--- UT No                Company Name     Taric
                                    additional
                                      Code
 186  Vest Agentur AS                 8l20
 187  Vie de France Norway AS         sUl
 188  Vikehco AS                      8322
 189  Wannebo International AS        8323
 190  West Fish Norwegian Salmon AS   8324
 191  Nor-Fa Food AS                  8102
                            G
                         A
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 192 final
                                              DOCUMENTS
EN                                                            02 11 03 10
                                    Catalogue number : CB-CO-98-202-EN-C
                                                             ISBN 92-78-32599-6
Office for Official Publications of the European Communities
L-2985 Luxembourg
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