Council Regulation (EC) No 2652/1999 of 13 December 1999 amending Council Regulation (EC) No 772/1999 imposing definitive anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway
17. 12. 1999 EN Official Journal of the European Communities L 325/1 I (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2652/1999 of 13 December 1999 amending Council Regulation (EC) No 772/1999 imposing definitive anti-dumping and counter- vailing duties on imports of farmed Atlantic salmon originating in Norway THE COUNCIL OF THE EUROPEAN UNION, product concerned on the Community market at or above the minimum prices specified in the undertaking. 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 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 Community (2), and in particular Article 13(9) and 15 thereof, (3) For the first quarter of 1999, two Norwegian companies either failed to present a report within the prescribed time limit or appeared to have sold the product concerned to the Community market at prices which were below the prices specified in its undertaking. For the fourth quarter of 1998, the Commission also had reason to believe that another Norwegian exporter had sold the product concerned to the Community market at prices which were below the prices specified in its undertaking. Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, (4) Whereas: A. PROVISIONAL DUTIES (1) Within the framework of the anti-dumping and anti- subsidy investigations initiated by two separate notices published in the Official Journal of the European Communi- ties (3), the Commission accepted, by Decision 97/634/ EC (4), undertakings offered by the Kingdom of Norway and by 190 Norwegian exporters in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway. (2) The text of the undertakings provided that failure to submit a quarterly report of all sales transactions to the first unrelated customer in the Community within a prescribed time-limit except force majeure would be construed as a violation of the undertaking, as would non-compliance with the obligation to sell the in case of (1) OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (OJ L 128, 30. 4. 1998, p. 18). (2) OJ L 288, 21. 10. 1997, p. 1. (3) OJ C 235, 31. 8. 1996, p. 18, and OJ C 235, 31. 8. 1996, p. 20. (4) OJ L 267, 30. 9. 1997, p. 81. The Commission therefore had reason to believe that these three companies had breached the terms of their undertakings and consequently, by Commission Regula- tion (EC) No 1826/1999 (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 0303 22 00, ex 0304 10 13 and ex 0304 20 13 originating in Norway and exported by the three companies listed in Annex II of that Regula- tion. By the same Regulation, the Commission deleted the companies concerned from the Annex to Decision 97/634/EC, which listed the companies from which undertakings were accepted. B. SUBSEQUENT PROCEDURE (5) All three Norwegian companies subject to the provi- sional duties received disclosure in writing concerning the essential facts and considerations on the basis of which these provisional duties were imposed. They were also given an opportunity to submit comments and request a hearing. (5) OJ L 223, 24. 8. 1999, p. 3. L 325/2 EN Official Journal of the European Communities 17. 12. 1999 (6) Within the time limit set in the provisional duty Regula- tion, all the Norwegian companies concerned submitted comments in writing and one requested a hearing, which was granted. Following these submissions, the Commis- sion sought and examined all information it deemed necessary for the purpose of a definitive determination on the apparent violations. (7) In this regard, the Commission's investigation estab- lished that two of the companies against which provi- sional duties had been imposed had not violated their undertakings and that they should be reinstated on the list of companies benefiting from an exemption to the anti-dumping and countervailing duties. The exporters were informed of the essential facts and considerations on the basis of which it was intended to reinstate the Commission's acceptance of their undertakings. As concerns the other company, Vie de France Norway AS (now known as Cuisine Solutions Norway AS), which is subject to provisional duties, it was informed of the essential facts and considerations on the basis of which it was intended to confirm the withdrawal of the its undertaking and to Commission's acceptance of recommend the imposition of definitive anti-dumping and countervailing duties and the definitive collection of the amounts secured by way of provisional duties. It was also granted a period within which to make representa- tions subsequent to this disclosure. The Commission's findings in this respect are set out more fully in Commission Regulation (EC) No 2592/ 1999 (1). the comments None of submitted, however, have changed the conclusion that definitive anti-dumping and countervailing duties should be imposed on imports of farmed Atlantic salmon originating in Norway and exported by Vie de France AS (now known as Cuisine Solutions Norway AS). C. DEFINITIVE DUTIES The investigations which led to the undertakings were concluded by a final determination as to dumping and injury by Regulation (EC) No 1890/97 (2) and a final determination as to subsidisation and injury by Regula- tion (EC) No 1891/97 (3). While both these Regulations were repealed by Regulation (EC) No 772/1999 (4), the facts and considerations established therein remain valid (recital (19) of Regulation (EC) No 772/1999 refers). In accordance with Article 8(9) of Regulation (EC) No 384/96 and Article 13(9) of Regulation (EC) No 2026/ 97 respectively, the rate of the anti-dumping duty and the countervailing duty must be established on the basis of the facts established within the context of the invest- igation which led to the undertaking. In this regard, and in view of recital (107) of Regulation (EC) No 1890/97 (8) (9) (10) (11) (1) OJ L 315, 9. 12. 1999, p. 17. (2) OJ L 267, 30. 9. 1997, p. 1. (3) OJ L 267, 30. 9. 1997, p. 19. (4) OJ L 101, 16. 4. 1999, p. 1. Regulation as last amended by Regula- tion (EC) No 1895/1999 (OJ L 233, 3. 9. 1999, p. 1. ) and recital (149) of Regulation (EC) No 1891/97, it is considered appropriate that the definitive anti-dumping and countervailing duty rates be set at the level, and in the form imposed by Regulation (EC) No 772/1999. D. DEFINITIVE COLLECTION OF PROVISIONAL DUTIES (12) A breach of undertaking has been definitively established in relation to one of the three exporters which were provisionally considered to have violated their undertak- ings. It is therefore considered necessary that, in relation to this exporter, any amounts secured by way of provi- sional anti-dumping and countervailing duties be defin- itively collected at the level of the definitive duties. E. AMENDMENTS OF THE ANNEX TO REGULATION (EC) No 772/1999 (13) the By Commission Regulation (EC) No 2592/1999, Commission accepted undertakings from two new exporters, Normarine AS and Oskar Einar Rydbeck. Pursuant to Article 2 of Regulation (EC) No 772/1999, the Commission also extended the exemption from the anti-dumping and countervailing duties to these expor- ters by adding their names to the Annex to that Regula- tion. (14) Accordingly, in view of all the above, the Annex to Regulation (EC) No 772/1999 exempting the parties listed therein from the duty, should be amended so as to remove the exemption from Vie de France Norway AS. The Annex should also be updated to take account of the exemption extended by Commission Regulation (EC) No 2592/1999 to Normarine AS and Oskar Einar Rydbeck, HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EC) No 772/1999 shall be replaced by the Annex hereto. Article 2 0302 12 00*22, The amounts secured by way of the provisional anti-dumping and countervailing duties imposed by Regulation (EC) No 1826/1999 in relation to farmed (other than wild) Atlantic salmon falling within CN codes ex 0302 12 00 (Taric codes: 0302 12 00*21, and 0302 12 00*29), ex 0303 22 00 (Taric codes: 0303 22 00*21, 0303 22 00*29), 0303 22 00*22, and ex 0304 10 13 0304 10 13*29) codes: 0304 20 13*21 and 0304 20 13*29) originating in Norway and exported by Vie de France AS, now known as Cuisine Solutions Norway AS (Taric additional code 8321), shall be definitively collected. 0303 22 00*23 codes: (Taric and and 0304 10 13*21 0302 12 00*23 ex 0304 20 13 (Taric 17. 12. 1999 EN Official Journal of the European Communities L 325/3 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities. Article 3 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 13 December 1999. For the Council The President S. HASSI L 325/4 EN Official Journal of the European Communities 17. 12. 1999 LIST OF COMPANIES EXEMPTED FROM THE DEFINITIVE ANTI-DUMPING AND COUNTERVAILING DUTIES ANNEX UT No Company Name Taric additional code 3 7 8 11 13 15 16 17 20 21 22 23 24 26 27 31 32 33 35 36 39 41 42 43 44 46 47 48 50 Agnefest Seafood Aqua Export A/S Aqua Partner A/S Arctic Group International Artic Superior A/S A/S Aalesundfisk A/S Austevoll Fiskeindustri A/S Keco A/S Refsnes Fiskeindustri A/S West Fish Ltd Astor A/S Atlantic King Stranda A/S Atlantic Seafood A/S Borkowski & Rosnes A/S Brødrene Aasjord A/S Christiansen Partner A/S Clipper Seafood A/S Coast Seafood A/S Dafjord Laks A/S Delfa Norge A/S Domstein Salmon A/S Ecco Fisk & Delikatesse Edvard Johnsen A/S Eurolaks AS Euronor AS Fiskeforsyningen AS Fjord Aqua Group AS Fjord Trading Ltd. AS Fossen AS 8325 8100 8101 8109 8111 8113 8114 8115 8118 8119 8120 8121 8122 8124 8125 8129 8130 8131 8133 8134 8136 8138 8139 8140 8141 8143 8144 8145 8147 17. 12. 1999 EN Official Journal of the European Communities L 325/5 UT No Company Name Taric additional code 51 52 53 58 60 61 62 66 67 72 75 76 77 79 80 82 83 85 87 92 93 96 98 100 101 104 105 107 108 111 112 113 114 Fresh Atlantic AS Fresh Marine Company AS Fryseriet AS Grieg Seafood AS Haafa fisk AS Hallvard Lerøy AS Atlantis Filetfabrikk AS Hydro Seafood Norway AS Hydrotech-gruppen AS Inter Sea AS Janas AS Joh. H. Pettersen AS Johan J. Helland AS Karsten J. Ellingsen AS Kr Kleiven & Co. AS Labeyrie Norge AS Lafjord Group AS Leica Fiskeprodukter Lofoten Seafood Export AS Marine Seafood AS Marstein Seafood AS Memo Food AS Misundfisk AS Naco Trading AS Namdal Salmon AS Nergård AS Nils Williksen AS Nisja Trading AS Nor-Food AS Nordic Group ASA Nordreisa Laks AS Norexport AS Norfi Produkter AS 8148 8149 8150 8300 8302 8303 8304 8159 8428 8174 8177 8178 8179 8181 8182 8184 8185 8187 8188 8196 8197 8200 8202 8206 8207 8210 8211 8213 8214 8217 8218 8223 8227 L 325/6 EN Official Journal of the European Communities 17. 12. 1999 UT No Company Name Taric additional code 115 116 119 120 121 122 123 124 126 128 130 134 137 140 141 142 144 145 146 147 148 151 153 154 155 156 157 158 160 161 162 164 165 Norfood Group AS Norfra Eksport AS Norsk Akvakultur AS Norsk Sjømat AS Northern Seafood AS Nortrade AS Norway Royal Salmon Sales AS Norway Royal Salmon AS Norway Seafoods ASA Norwell AS Nova Sea AS Ok-Fish Kvalheim AS Pan Fish Sales AS Polar Seafood Norway AS Prilam Norvège AS Pundslett Fisk Rolf Olsen Seafood AS Ryfisk AS Rørvik Fisk-og fiskematforretning AS Saga Lax Norge AS Prima Nor AS Sangoltgruppa AS Scanfood AS Sea Eagle Group AS Sea Star International AS Sea-Bell AS Seaco AS Seacom AS Seafood Farmers of Norway Ltd AS Seanor AS Sekkingstad AS Sirena Norway AS Kinn Salmon AS 8228 8229 8232 8233 8307 8308 8309 8312 8314 8316 8235 8239 8242 8247 8248 8251 8254 8256 8257 8258 8259 8262 8264 8265 8266 8267 8268 8269 8271 8272 8273 8275 8276 17. 12. 1999 EN Official Journal of the European Communities L 325/7 UT No Company Name Taric additional code 167 168 172 174 175 176 178 180 182 183 188 189 190 191 192 193 194 195 196 197 198 Fjord Seafood Leines AS SMP Marine Produkter AS Stjernelaks AS Stolt Sea Farm AS Storm Company AS Superior AS Terra Seafood AS Timar Seafood AS Torris Products Ltd. AS Troll Salmon AS Vikenco AS Wannebo International AS West Fish Norwegian Salmon AS Nor-Fa Food AS Westmarine AS F. Uhrenholt Seafood Norway AS Mesan Seafood AS Polaris Seafood AS Scanfish AS Normarine AS Oskar Einar Rydbeck 8278 8279 8283 8285 8286 8287 8289 8294 8298 8317 8322 8323 8324 8102 8625 A033 A034 A035 A036 A049 A050