Council Regulation (EC) No 1469/2001 of 16 July 2001 amending Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway

Council Regulation (EC) No 1469/2001
of 16 July 2001
amending Regulation (EC) No 772/1999 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(1), and in particular Article 8 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 Community(2), and in particular Article 13 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PREVIOUS PROCEDURE
(1) On 31 August 1996, by means of two separate notices published in the Official Journal of the European Communities, the Commission announced the initiation of an anti-dumping proceeding(3) and an anti-subsidy proceeding(4) in respect of imports of farmed Atlantic salmon originating in Norway.
(2) These proceedings resulted in anti-dumping and countervailing duties being imposed by Council Regulations (EC) No 1890/97(5) and 1891/97(6) in September 1997 in order to eliminate the injurious effects of dumping and subsidisation.
(3) In parallel, by Decision 97/634/EC(7), the Commission also accepted undertakings from 190 Norwegian exporters and imports of farmed Atlantic salmon originating in Norway exported to the Community by these companies were exempted from the anti-dumping and countervailing duties by Article 1(2) of those Regulations.
(4) The form of the duties was later reviewed and Regulations (EC) No 1890/97 and 1891/97 were replaced by Regulation (EC) No 772/1999(8).
B. FAILURE TO COMPLY WITH THE UNDERTAKING
(5) The undertakings offered by the Norwegian companies oblige them, inter alia, to charge certain minimum prices when they export the product concerned to the Community and to provide detailed quarterly reports to the Commission of such sales.
(6) During a series of visits in November 2000 to the premises of several Norwegian companies with undertakings to verify the data appearing on their sales reports, it was found that one of the exporters visited, Haafa Fish AS (UT No 1/60, TARIC Additional Code 8302, "Haafa fisk AS"), had breached its undertaking by providing misleading information regarding certain sales and not respecting the minimum import prices.
(7) The Commission's findings in this respect are set out more fully in Commission Decision 2001/544/EC(9).
(8) As acceptance of the undertaking has been withdrawn by the Commission, definitive anti-dumping and anti-subsidy duties should be imposed forthwith against the company concerned.
C. CHANGES OF NAME AND OWNERSHIP
(9) One Norwegian exporter with an undertaking, Polar Seafood Norway AS (UT No 1/140, TARIC Additional Code 8247 ), advised the Commission that the group of companies to which it belonged had been re-organised and that another company within the group was now responsible for exports to the Community. The company therefore requested that its name be replaced by that of the related company on the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.
(10) Two other exporters, Hydro Seafood Norway AS (UT No 1/66, TARIC Additional Code 8159 ) and Hydro Seafood Rogaland AS (UT No 1/145, TARIC Additional Code 8256 ) advised the Commission that their ownership and names had changed, and requested that the list of companies from which undertakings are accepted be amended accordingly.
(11) Having verified the nature of the requests, the Commission considered that they are all acceptable since the modifications did not entail any substantive changes which would affect the assessment of dumping or subsidisation. Nor do these changes affect any of the considerations on which the acceptance of the undertaking was based.
(12) Consequently, the Commission Decision referred to at recital 7 changes the names of Polar Seafood Norway AS, Hydro Seafood Norway AS and Hydro Seafood Rogaland AS to Polar Salmon AS, Marine Harvest Norway AS and Marine Harvest Rogaland AS respectively on the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.
D. CESSATION OF TRADING
(13) The Commission was also advised that two Norwegian companies with undertakings, Delfa Norge A/S (UT No 1/36, TARIC Additional Code 8134 ) and OK-Fish Kvalheim AS (UT No 1/134, TARIC Additional Code 8239 ) had recently ceased trading and had been wound up, or were in the process of being wound up. Accordingly, the names of these companies have been deleted from the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.
E. VOLUNTARY WITHDRAWAL OF AN UNDERTAKING
(14) Following changes in its trading patterns, Nova Sea AS (UT No 1/130, TARIC Additional Code 8235 ), advised the Commission that it wished to withdraw its undertaking. Accordingly, the name of this company has been deleted from the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.
(15) In view, however, of the voluntary nature of the withdrawal, the company was advised that it could, if it so wished (and subject to certain conditions), offer an undertaking again in the future as a new exporter in accordance with Article 2 of Regulation (EC) No 772/1999.
F. AMENDMENT OF THE ANNEX TO REGULATION (EC) No 772/1999
(16) In view of all the above, the Annex to Regulation (EC) No 772/1999 which lists the companies exempted from the anti-dumping and countervailing duties should be amended accordingly,