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) 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 repealed the provisional duties imposed by Regulation (EC) No 2529/97 and reinstated the undertakings accepted from these companies.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. 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 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 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 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 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. ^ This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council S ANNEX 1 No Company Name Taric additional 6 Altafjord Oppdrett A/S ~" 9 Aqua Supply A/S 10 AquatradeAS 18 A/S More Codfish Company 34 38 56 57 63 73 74 78 Compania do Bacalhau Lda A/S DNHS Fishing Company A/S Gje-vi A/S Gjendemsjo Fisk A/S Heroy Lakseoppdrett AL J. Meinert A/S : Jan og Einar Martinussen A/S Karl Storm Andersen Eft A/S 91 Marinco A/S 94 Master Seafood 102 Nature Sea-lect Ltd 103 Neptun Stavanger A/S HO Nordhav A/S 127 Norwegian Salmon A/S 132 Ocean Superior Products A/S 135 Omega Sea A/S 139 Polar Gigante A/S 170 Starfish 184 Uniprawns A/S 185 Varebers's Roykeri l Code 8099 8107 8108 8lT6 8132 8399 8L53 8299 8305 8T75 8176 8180 §191 8198 8208 8209 82T6 8315 8237 8240 8246 8281 83ls 8319 ; ANNEX 2 UT No Company Name " 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 : 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 Artie 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 , 1 ° Taric additional Code 8095 8096 8325 8097 8098 8100 8101 8109 8H0 8m 8112 8lT3 8114 8H5 8U7 8TT8 81T9 8l20 8121 8122 8123 8124 8125 8L26 8L27 SLZS UT No Company Name Taric additional 31 Christiansen Partner A/S ' 32 Clipper Seafood A/A 33 35 36 Coast Seafood A/S : Dafjord Laks A/S DelfaNorgeA/S 3 7 DM Direkte Markedsforingsbyra 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 58 59 60 61 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 Form Egersund AS Fossen AS Fresh Atlantic AS Fresh Marine Company AS Fryseriet AS Froya Fiskeindustri AS Gigante Fiskekroken AS Grieg Seafood AS Gunnar Klo AS Haafa fisk AS Hallvard Leroy AS nn Code 8129 8 00 8131 8133 8134 8135 8136 8137 8138 8139 8l40 8141 8142 8143 8144 8145 8146 8147 8148 8149 §150 8151 8152 8300 8301 8302 8303 UT No Company Name Taric additional 62 64 65 66 67 68 69 70 71 72 75 76 77 79 80 81 Her0y Filetfabrikk AS Hirsholm Norge AS Hitramat & Delikatesse AS k 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 Kurt F. Loseth & Co AS ~82 Labeyrie Norge AS 83 84 85 86 87 88 Lafjord Group AS Langfjord Laks AS Leica Fiskeprodukter Leonhard Products AS Lofoten Seafood Export AS Lorentz A. Lossius AS 89 Ma-vo Norge AS 90 Marex AS 92 Marine Seafood AS 93 Marstein Seafood AS *Z Code 8304 8306 8154 8L59 8428 8165 8171 8172 8173 §174 8177 8178 8179 8 l il 8l82 8183 §184 §185 8186 8187 8423 £188 8189 8190 8326 8196 8197 UT No Company Name Taric additional 95 Melands Rokeri Eftf. AS 96 Memo Food AS 97 Midtco AS 98 Midsundfisk AS 99 Myre Sjomat AS 100 Naco Trading AS 101 Namdal Salmon AS 104 Nergard AS ' 105 NibWilliksenAS 106 Niscan Corporation AS 107 Nisja Trading AS 108 ' Nor-Food AS 109 Nor-Trade International Til Nordic Group ASA U2 Nordreisa Laks AS U3 Norexport AS H4 Norfi Produkter AS H5 Norfood Group AS \\6 Norfra Eksport AS Fl7 NorMan Trading Ltd. AS US Nornir Group AS H9 Norsk Akvakultur AS 120 Norsk Sjomat AS 121 Northern Seafood AS 122 Nortrade AS 123 Norway Royal Salmon Sales AS Code §T99 8200 8201 82(5 8203 8206 8207 8210 82U 8212 8213 8214 82T5 8217 8218 8223 8227 822*$ 8229 8230 8231 8232 8233 8307 8308 8309 124 Norway Royal Salmon AS ~~ 8312 1 3 UTNo Company Name Taric additional 125 Norway Seafarms AS 126 Norway Seafoods ASA 128 Norwell AS 129 Notfisk Arctic AS 130 Nova Sea AS i ll lH NTC Norwegian Taste Company AS Oddvin Bjorge AS 134 Ok-Fish Kvalheim AS 136 Oster Sea Products AS 137 Pan Fish Sales AS 138 Pero Food AS : 140 Polar Seafood Norway AS ~' 141 Prilam Norvege AS 142 Pundslett Fisk 143 Roger AS 144 RolfOlsen Seafood AS 145 Ryfisk AS 146 Rorvik Fisk-og fiskematforretning AS " 147 Saga Lax Norge AS 148 Saga Lax Nord A/S 149 Salomega AS 150 Sandanger AS l Ji i ll Sangoltgruppa AS Scan-Mar AS 153 Scanfood AS 154 Sea Eagle Group AS i ll Sea Star International AS A^i Code 83L3 8314 8316 8234 8235 823(5 8238 8215 8241 8242 8243 8247 8248 8251 8253 8254 82H 8257 8258 8259 8260 8261 8262 8263 8264 8265 8266 UT No Company Name 156 Sea-Bell AS i ll Seaco AS 158 Seacbm AS 159 SeacomNordAS 160 Seafood Farmers of Norway Ltd AS 161 Seanor AS i ll Sekkingstad AS 163 Sigerfjord-Fisk AS 164 Sirena Norway AS 165 KINN SALMON AS 166 Skarpsno Mat 167 SL Fjordgruppen AS 168 SMP Marine Produkter AS i69 Sotra Fiskeindustri AS 171 Stavanger Rokeri AS 172 Stjemelaks AS 173 Stokfish Norway AS 174 Stolt Sea Farm AS 175 Storm Company AS 176 Superior AS 1*77 Svenodak AS 178 Terra Seafood AS 179 Thorleif E. Ellingsen AS 180 Timar Seafood AS i ll Torget International AS 182 Torris Products Ltd. AS 183 Troll Salmon AS As Taric additional Code 8267 " 82618 8269 8270 8271 8272 8273 8274 8275 8276 8277 8278 8279 8280 8282 8281 8284 8285 8286 8287 8288 8289 8293 8294 8297 8298 8317 UT No Company Name 186 Vest Agentur AS 187 Vie de France Norway AS 188 Vikehco AS 189 Wannebo International AS 190 West Fish Norwegian Salmon AS 191 Nor-Fa Food AS Taric additional Code 8l20 sUl 8322 8323 8324 8102 A G 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 • ^>