21.4.2009 Official Journal of the European Union L 101/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 319/2009 of 16 April 2009 clarifying the scope of the definitive anti-dumping duties imposed by Regulation (EC) No 85/2006 on imports of farmed 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 (') (the basic Regulation), and in particular Article 11(3) thereof, Having regard to the proposal submitted by the Commission after having consulted the Advisory Committee, Whereas: A. PROCEDURE 1. Former investigations and anti-dumping measures (1) Following the initiation of an anti-dumping proceeding in October 2004 (3), the Commission, by Regulation (EC) No 628/2005 (}), imposed provisional anti-dumping duties on imports of farmed salmon originating in Norway in the form of an ad valorem duty. (2 On 1 July 2005, by Regulation (EC) No 1010/2005 (%), the Commission changed the form of the provisional duties to a minimum import price (MIP). (3)  The Council, by Regulation (EC) No 85/2006 (%), imposed a definitive anti-dumping duty on imports of farmed salmon originating in Norway (the original inves- tigation and definitive Regulation). The definitive duty was imposed in the form of a MIP. 56, 6.3.1996, p. 1. 261, 23.10.2004, p. 8. 104, 23.4.2005, p. 5. 170, 1.7.2005, p. 32. 15, 20.1.2006, p. 1. LLeLeLee A S (©) () O] 0] By Regulation (EC) No 685/2008 (°), following an interim review limited in scope to the aspects of dumping with the objective of assessing the need for the continuation, removal or amendment of the existing measures, the Council repealed the anti- dumping measures imposed by the definitive Regulation. 2. Initiation of the review investigation A partial interim review was initiated on the Commission’s own initiative after the Tallinn Administra- tive Court applied to the European Court of Justice for a preliminary ruling on the question whether frozen backbones (bones with fish meat) of salmon (salmon backbones) fall within one of the Taric codes mentioned in Article 1 of the definitive Regulation. Article 1 of the definitive Regulation imposes measures at different levels depending on the presentations of the product concerned. One of these presentations is ‘Other (including gutted, head off), fresh, chilled or frozen'. Therefore, it was considered appropriate to examine whether frozen backbones of salmon fall within the defi- nition of the product concerned, and in particular within the presentation ‘Other (including gutted, head off), fresh, chilled or frozen’, with the conclusion thereon possibly having retroactive effect as of the date of the imposition of the relevant anti-dumping measures. After  consulting the Advisory Committee, the Commission announced by a notice (the notice of initiation) published in the Official Journal of the European Union (7) the initiation of a partial interim review of the anti-dumping measures applicable to farmed salmon originating in Norway in accordance with Article 11(3) of the basic Regulation, limited in scope to the examination of the product scope. L 192, 19.7.2008, p. 5. C 181, 18.7.2008, p. 25.