Commission Regulation (EC) No 651/98 of 23 March 1998 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, amending Commission Regulation (EC) No 2529/97 imposing provisional anti- dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway with regard to certain exporters and amending Commission Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidies proceedings concerning imports of farmed Atlantic salmon originating in Norway
24. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 88/31 COMMISSION REGULATION (EC) No 651/98 of 23 March 1998 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, amending Commission Regulation (EC) No 2529/97 imposing provisional anti-dumping and countervailing duties on imports of farmed Atlantic salmon originating in Norway with regard to certain 97/634/EC accepting exporters undertakings offered in connection with the anti-dumping and anti-subsidies proceedings concerning imports of farmed Atlantic salmon originating in Norway amending Commission Decision and THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Com- munity (1), as amended by Regulation (EC) No 2331/96 (2), and in particular Articles 7 and 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 Com- munity (3), and in particular Article 13 thereof, Having regard to Council Regulation (EC) No 1890/97 of 26 September 1997 imposing a definitive anti-dumping duty on imports of farmed Atlantic salmon originating in Norway (4), and in particular Article 2 thereof, Having regard to Council Regulation (EC) No 1891/97 of 26 September 1997 imposing a definitive countervailing duty on imports of farmed Atlantic salmon originating in Norway (5), and in particular Article 2 thereof, (2) After consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES porters. These undertakings apply to all invoiced by these exporters since 1 July 1997. sales these under- to the acceptance of Subsequent takings, 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 the undertaking for product concerned, each presentation of — 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. Consequently, the Commission, by Commission Regulation (EC) No 2529/97 (8), 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 originating in Norway and exported by the companies listed in Annex I to that Regulation. (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 Communities (6), the Commission had accepted, on 26 September 1997, by Decision 97/634/EC (7), the Kingdom of Norway and by 190 Norwegian ex- undertakings offered by (1) OJ L 56, 6. 3. 1996, p. 1. (2) OJ L 317, 6. 12. 1996, p. 1. (3) OJ L 288, 21. 10. 1997, p. 1. (4) OJ L 267, 30. 9. 1997, p. 1. (5) OJ L 267, 30. 9. 1997, p. 19. (6) OJ C 235, 31. 8. 1996, pp. 18 and 20. (7) OJ L 267, 30. 9. 1997, p. 81. B. SUBSEQUENT PROCEDURE (3) All Norwegian companies concerned by the provi- sional duties received disclosure in writing con- cerning the essential facts and considerations on the basis of which these duties were imposed. (4) Within the time limit set in the Provisional Duty the Norwegian companies Regulation, most of concerned submitted comments in writing. (8) OJ L 346, 17. 12. 1997, p. 63. L 88/32 ‹ EN ‹ Official Journal of the European Communities 24. 3. 98 (5) (6) (7) (8) (9) Subsequent to the written submissions received, the Commission sought and verified all information it deemed necessary for the purpose of a definitive determination on the apparent violations, and carried out verification visits at the premises of the following companies in Norway: — Fresh Marine Company AS (Taric additional code 8149), and — Seanor AS (Taric additional code 8272). (10) Parties were informed of the essential facts and considerations on the basis of which it was intended to repeal the provisional anti-dumping and countervailing duties and reinstate their under- takings. No further comments were received. (11) None of the other companies which failed to respect their reporting obligations submitted any valid evidence of force majeure as allowed by the undertaking. C. DEFINITIVE FINDINGS the provisional During the subsequent procedure, four companies could provide satisfactory evidence demonstrating findings resulted inter alia that from erroneous or unclear reporting on the part of the companies concerned. the actual average sales prices of these companies for the respective presentations of the product concerned were such that they did not violate the minimum price as stipulated in the undertaking. In fact, as circumstances In the absence of specific provisions in this regard in the basis anti-dumping and anti-subsidies regu- lations, and in accordance with the case-law of the Court of Justice, the justification invoked by each force company majeure can only be recognised as such where the failure was the inevitable result of an extraneous cause which could not reasonably have been fore- seen or pre-empted and made it objectively impos- sible for the company concerned to comply with its obligations. constituting One of the companies which apparently had failed to send its undertaking report within the time limit set could finally provide evidence that despite the adverse prima facie evidence initially available, it had in fact delivered its report in time to the local post office. For the aforementioned five exporters therefore, the breach of their undertakings provisionally es- tablished cannot be definitively confirmed. Con- following the exporters’ confirmation sequently, that they intend to continue to adhere to their the status quo ante undertakings, should be re-established as regards these companies’ under- takings. In this regard, all circumstances invoked by the parties concerned, e. g. the holidays of a responsible person, misunderstanding about the scope of the loss of time management software, undertakings, filing of correspondence, cannot be erroneous constituting force considered as majeure. circumstances (12) On the basis of the foregoing it is concluded that two Norwegian exporters have breached their ob- ligation to respect the minimum price. In addition, 22 other Norwegian exporters have breached the reporting requirements of their undertakings. Therefore, for the following five companies, the provisional measures the amounts secured by way of provisional duty are to be released, and their undertakings reinstated. are to be repealed, (13) UT No Company name 47 52 76 Fjord Aqua Group A/S Fresh Marine Company A/S Joh. H. Pettersen A/S 120 Norsk Sjømat A/S 161 Seanor A/S (14) Parties were informed of the essential facts and considerations on the basis of which it was the intended to confirm the withdrawal of Commission’s acceptance of their undertaking and to recommend the imposition of definitive anti- dumping and countervailing duties and the defin- itive 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. D. NEWCOMERS Following anti- dumping and countervailing duties, several com- imposition of definitive the 24. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 88/33 panies made themselves known to the Commission claiming to be new exporters, and offered under- takings. (15) In this regard, one such company, Nor-Fa Food AS could demonstrate that if had not exported to the Community during the investigation period rele- vant for the investigations which led to the current anti-dumping and countervailing measures. This company could show that it was not related to any of the exporters or producers in Norway which are to the anti-dumping and countervailing subject it measures on farmed Atlantic salmon. Finally, demonstrated that it had entered into irrevocable contractual obligation to export significant quantity of farmed Atlantic salmon to the Com- munity. a The undertaking offered is identical in its terms to those previously accepted from other Norwegian is exporters of considered that the acceptance of an undertaking in these terms from this exporter will be sufficient to remove the injurious effects of dumping. farmed Atlantic salmon, and it and for which the breach of the undertaking has been confirmed by the definitive findings made. In addition, informed the certain companies 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 under- taking. The Annex to Decision 97/634/EC accepting undertakings in the context of the present anti- dumping and anti-subsidies proceedings should be amended to take account of the acceptance of the undertaking by the newcomer Nor-Fa Food AS, the change of name of Skaarfish Group AS, the correc- tion of the name indicated for West Fish Sales Ltd and the reinstatement of the undertakings given by the companies in respect of which the provisional duty is being repealed. In the interests of clarity, the full Annex, as revised, is annexed hereto at Annex II, Since the exporter has agreed to provide the Commission with regular and detailed information on its exports to the Community, it is concluded that the correct observance ot the undertaking can be effectively monitored by the Commission. HAS ADOPTED THIS REGULATION: Article 1 (16) The undertaking offered by this company is there- fore considered acceptable. The company was informed of the essential facts and considerations on which the acceptance of the undertaking be based. The Advisory Committee was consulted and no objections were raised as to the acceptance of to the untertaking offered. Therefore, pursuant Article 2 of Regulation (EC) No 1890/97 and Article 2 of Regulation (EC) No 1891/97, the Annexes should be to these two Regulations amended to extend the exemption from the payment of the anti-dumping and countervailing duties to this new exporter. E. AMENDMENT OF THE ANNEX TO DE- CISION 97/634/EC (17) The Commission is in parallel to this Regulation submitting a proposal for a Council regulation imposing definitive anti-dumping and counter- vailing duties on farmed Atlantic salmon origin- ating in Norway and exported by the other 24 companies which are subject to the provisional duty imposed by the Provisional Duty Regulation The Annex to Regulation (EC) No 2529/97 is 1. hereby replaced by Annex I hereto. The amounts secured by way of 2. the provisional anti-dumping and countervailing duties imposed by that Regulation in relation to farmed (other than wild) Atlantic salmon falling within CN codes ex 0302 12 00 (Taric code 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 following companies shall be released. 0302 12 00*19), 0304 10 13 (Taric ex UT No Company name 47 52 76 Fjord Aqua Group A/S Fresh Marine Company A/S Joh. H. Pettersen A/S 120 Norsk Sjømat A/S 161 Seanor A/S Taric additional code 8144 8149 8178 8233 8272 L 88/34 ‹ EN ‹ Official Journal of the European Communities 24. 3. 98 Article 2 The Annex to Decision 97/634/EC is hereby replaced by Annex II hereto. UT No Company name 191 Nor-Fa Food AS Taric code 8102 Article 3 Article 4 The following company shall be added to the Annex to Regulation (EC) No 1890/97 and the Annex to Regula- tion (EC) No 1891/97: This Regulation shall enter into force on the day fol- lowing 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 Brussels, 23 March 1998. For the Commission Leon BRITTAN Vice-President 24. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 88/35 ANNEX I No Company name Taric additional code 6 9 10 18 34 38 56 57 63 73 74 78 91 94 102 103 110 127 132 135 139 170 184 185 Altafjord Oppdrett A/S Aqua Supply A/S Aquatrade AS A/S Møre Codfish Company Compania do Bacalhau Lda A/S DNHS Fishing Company A/S Gje-vi A/S Gjendemsjø Fisk A/S Heroy Lakseoppdrett AL J. Meinert A/S Jan og Einar Martinussen A/S Karl Storm Andersen Eft A/S Marinco A/S Master Seafood Nature Sea-lect Ltd Neptun Stavanger A/S Nordhav A/S Norwegian Salmon A/S Ocean Superior Products A/S Omega Sea A/S Polar Gigante A/S Starfish Uniprawns A/S Vareberg’s Røykeri 8099 8107 8108 8116 8132 8399 8153 8299 8305 8175 8176 8180 8191 8198 8208 8209 8216 8315 8237 8240 8246 8281 8318 8319 L 88/36 ‹ EN ‹ Official Journal of the European Communities 24. 3. 98 ANNEX II UT No Company name Taric additional code 1 2 3 4 5 7 8 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 A. Ovreskotnes AS A. B. A. A/S Agnefest Seafood Alamar A/S Alsvag Fiskeprodukter A/S Aqua Export A/S Aqua Partner A/S Arctic Group International Arctic Product A/S Artic Superior A/S Arne Mathisen A/S A/S Aalesundfisk A/S Austevoll Fiskeindustri A/S Keco A/S Nortraders Ltd A/S Refsnes Fiskeindustri A/S West Fish Ltd Astor A/S Atlantic King Stranda A/S Atlantic Seafood A/S Atlantis A/S Borkowski & Rosnes A/S Brodrene Aasjord A/S Brodrene Eilertsen A/S Brodrene Karlsen A/S Brodrene Remo A/S Christiansen Partner A/S Clipper Seafood A/A Coast Seafood A/S Dafjord Laks A/S Delfa Norge A/S DM Direkte Markedsforingsbyra 8095 8096 8325 8097 8098 8100 8101 8109 8110 8111 8112 8113 8114 8115 8117 8118 8119 8120 8121 8122 8123 8124 8125 8126 8127 8128 8129 8130 8131 8133 8134 8135 24. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 88/37 UT No Company name Taric additional code 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 58 59 60 61 62 64 65 66 67 68 69 70 71 72 75 76 77 79 80 Domstein Salmon A/S E. Slorer Jacobsen & Co. A/S Ecco Fisk & Delikatesse Edvard Johnsen A/S Eurolaks AS Euronor AS Fader Martin AS Fiskeforsyningen AS Fjord Aqua Group AS Fjord Trading Ltd AS Fonn Egersund AS Fossen AS Fresh Atlantic AS Fresh Marine Company AS Fryseriet AS Frøya Fiskeindustri AS Gigante Fiskekroken AS Grieg Seafood AS Gunnar Klo AS Haafa fisk AS Hallvard Lerøy AS Herøy Filetfabrikk AS Hirsholm Norge AS Hitramat & Delikatesse AS Hydro Seafood Sales AS Hydrotech-gruppen AS Icelandic Freezing Plants N. AS Imperial Salmon Co. AS Incofood AS Inter Road AS Inter Sea AS Janas AS Joh. H. Pettersen AS Johan J. Helland AS Karsten J. Ellingsen AS Kr. Kleiven & Co. AS 8136 8137 8138 8139 8140 8141 8142 8143 8144 8145 8146 8147 8148 8149 8150 8151 8152 8300 8301 8302 8303 8304 8306 8154 8159 8428 8165 8171 8172 8173 8174 8177 8178 8179 8181 8182 L 88/38 ‹ EN ‹ Official Journal of the European Communities 24. 3. 98 UT No Company name Taric additional code 81 82 83 84 85 86 87 88 89 90 92 93 95 96 97 98 99 100 101 104 105 106 107 108 109 111 112 113 114 115 116 117 118 119 120 121 122 123 Kurt F. Løseth & Co. AS Labeyrie Norge AS Lafjord Group AS Langfjord Laks AS Leica Fiskeprodukter Leonhard Products AS Lofoten Seafood Export AS Lorentz A. Lossius AS Ma-vo Norge AS Marex AS Marine Seafood AS Marstein Seafood AS Melands Røkeri Eftf. AS Memo Food AS Midtco AS Midsundfisk AS Myre Sjømat AS Naco Trading AS Namdal Salmon AS Nergård AS Nils Williksen AS Niscan Corporation AS Nisja Trading AS Nor-Food AS Nor-Trade International Nordic Group ASA Nordreisa Laks AS Norexport AS Norfi Produkter AS Norfood Group AS Norfra Eksport AS NorMan Trading Ltd AS Nornir Group AS Norsk Akvakultur AS Norsk Sjømat AS Northern Seafood AS Nortrade AS Norway Royal Salmon Sales AS 8183 8184 8185 8186 8187 8423 8188 8189 8190 8326 8196 8197 8199 8200 8201 8202 8203 8206 8207 8210 8211 8212 8213 8214 8215 8217 8218 8223 8227 8228 8229 8230 8231 8232 8233 8307 8308 8309 24. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 88/39 UT No Company name Taric additional code 124 125 126 128 129 130 131 133 134 136 137 138 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 Norway Royal Salmon AS Norway Seafarms AS Norway Seafoods ASA Norwell AS Notfisk Arctic AS Nova Sea AS NTC Norwegian Taste Company AS Oddvin Bjørge AS Ok-Fish Kvalheim AS Oster Sea Products AS Pan Fish Sales AS Pero Food AS Polar Seafood Norway AS Prilam Norvège AS Pundslett Fisk Roger AS Rolf Olsen Seafood AS Ryfisk AS Rørvik Fisk- og fiskematforretning AS Saga Lax Norge AS Saga Lax Nord A/S Salomega AS Sandanger AS Sangoltgruppa AS Scan-Mar AS Scanfood AS Sea Eagle Group AS Sea Star International AS Sea-Bell AS Seaco AS Seacom AS Seacom Nord AS Seafood Farmers of Norway Ltd AS Seanor AS Sekkingstad AS Sigerfjord-Fisk AS Sirena Norway AS Kinn Salmon AS 8312 8313 8314 8316 8234 8235 8236 8238 8239 8241 8242 8243 8247 8248 8251 8253 8254 8256 8257 8258 8259 8260 8261 8262 8263 8264 8265 8266 8267 8268 8269 8270 8271 8272 8273 8274 8275 8276 L 88/40 ‹ EN ‹ Official Journal of the European Communities 24. 3. 98 UT No Company name Taric additional code 166 167 168 169 171 172 173 174 175 176 177 178 179 180 181 182 183 186 187 188 189 190 191 Skarpsno Mat SL Fjordgruppen AS SMP Marine Produkter AS Sotra Fiskeindustri AS Stavanger Røkeri AS Stjernelaks AS Stokfish Norway AS Stolt Sea Farm AS Storm Company AS Superior AS Svenodak AS Terra Seafood AS Thorleif E. Ellingsen AS Timar Seafood AS Toget International AS Torris Products Ltd AS Troll Salmon AS Vest Agentur AS Vie de France Norway AS Vikenco AS Wannebo International AS West Fish Norwegian Salmon AS Nor-Fa Food AS 8277 8278 8279 8280 8282 8283 8284 8285 8286 8287 8288 8289 8293 8294 8297 8298 8317 8320 8321 8322 8323 8324 8102