98/540/EC: Commission Decision of 11 September 1998 amending 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 (notified under document number C(1998) 2624)
L 252/68 EN Official Journal of the European Communities 12. 9. 98 COMMISSION DECISION of 11 September 1998 amending 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 (notified under document number C(1998) 2624) (98/540/EC) 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 the European Community (1), as last amended by Regulation (EC) No 905/98 (2) and in particular Articles 8(9) and 9 thereof, not members of Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries the European Community (3), and in particular Articles 13(9) and 15 thereof, not members of After consulting the Advisory Committee, Whereas: (1) (2) (3) A. PROCEDURE On 31 August 1996, the Commission announced, by two separate notices published in the Official Journal of the European Communities, the initi- ation of an anti-dumping proceeding (4) as well as an anti-subsidy proceeding (5) in respect of imports of farmed Atlantic salmon originating in Norway. The Commission sought and verified all informa- tion that it deemed necessary for the purpose of its definitive findings. As a result of this examination, it was established that definitive anti-dumping and countervailing measures should be adopted in order to eliminate the injurious effects of dumping and subsidisation. All interested parties were informed of the results of the investigation and were given the opportunity to comment thereon. On 26 September 1997, the Commission adopted Decision 97/634/EC (6), as last amended by Regula- tion (EC) No 1126/98 (7), accepting undertakings offered in connection with the two abovemen- tioned proceedings by the exporters mentioned in (1) OJ L 56, 6. 3. 1996, p. 1. (2) OJ L 128, 30. 4. 1998, p. 18. (3) OJ L 288, 21. 10. 1997, p. 1. (4) OJ C 253, 31. 8. 1996, p. 18. (5) OJ C 253, 31. 8. 1996, p. 20. (6) OJ L 267, 30. 9. 1997, p. 81. (7) OJ L 157, 30. 5. 1998, p. 82. (4) (5) (6) (7) (8) the Annex to that Decision and terminated the investigations in their respect. On the same day, the Council, by Regulation (EC) No 1890/97 (8), as last amended by Regulation (EC) No 772/98 (9), imposed an anti-dumping duty of ECU 0,32 per kilogram on imports of farmed Atlantic salmon originating in Norway. Imports of farmed Atlantic salmon exported by companies from which an undertaking had been accepted were exempted from that duty pursuant to Article 1(2) of the Regulation. On the same day, the Council, by Regulation (EC) No 1891/97 (10), as last amended by Regulation (EC) No 772/98, also imposed a countervailing duty of 3,8 % on imports of farmed Atlantic salmon originating in Norway. Imports of farmed Atlantic salmon exported by companies from which an undertaking had been accepted were exempted from that duty pursuant to Article 1(2) of that Regulation. The abovementioned Regulations set out the defin- itive findings and conclusions on all aspects of the investigations. B. WITHDRAWAL OF UNDERTAKINGS European Community In monitoring the undertakings submitted by the Norwegian exporters, the Commission gradually found that a number of exporters had no sales to the consecutive reporting quarters. On verification, some of these companies also declared that they had not exported during the reference period of the original invesiga- tions having led to the present anti-dumping and they have no countervailing measures, and that binding contractual obligations to do so in the near future. for The Commission informed the parties concerned of these findings and pointed out that, in view of these facts, the companies did not qualify as expor- ters within the meaning of Regulation (EC) No 384/96 (hereinafter the ‘Basic Anti-dumping Regu- lation') and Regulation (EC) No 2026/97 (herein- (8) OJ L 267, 30. 9. 1997, p. 1. (9) OJ L 111, 9. 4. 1998, p. 10. (10) OJ L 267, 30. 9. 1997, p. 19. 12. 9. 98 EN Official Journal of the European Communities L 252/69 after the ‘Basic Anti-subsidies Regulation'). Further- more, it was made known to these parties that to maintain the undertakings in force under these circumstances would be administratively cumber- some for the Commission in terms of monitoring. These parties were also informed that they could offer, when the relevant conditions are met, again an undertaking as new exporters in accordance with Article 2 of Regulation (EC) No 1890/97 and with Article 2 of Regulation (EC) No 1891/97. Any application by these parties under those Articles would be treated expeditiously. Consequently, the following companies withdrew their undertakings voluntarily: (9) (10) Undertaking No Company name In accordance with Article 8(9) of the Basic Anti- dumping Regulation, and with Article 13(9) of the Basic Anti-subsidies Regulation, there was no further need to give these parties an opportunity to comment since they themselves withdrew their undertakings. C. AMENDMENT OF DECISION 97/634/EC Following the withdrawal of their undertakings, the companies concerned are not entitled to continue to benefit from an exemption from the anti- dumping and countervailing duties. Therefore, the names of the companies concerned need to be removed from the list of companies from which undertakings have been accepted. 002 004 012 025 029 037 040 054 069 081 097 118 131 133 150 152 163 169 173 179 181 A. B. A. AS Alamar A/S Arctic Product AS Atlantis AS Brødrene Karlsen AS DM Direkte Markedsføringsbyrå E. Slorer Jacobsen & Co. AS Frøya Fiskeindustri AS Imperial Salmon Co. AS Kurt F. Løseth & Co. AS Midtco AS Nornir Group AS NTC Norwegian Taste Company AS Oddvin Bjørge AS Sandanger AS Scan-Mar AS Sigerfjord-Fisk AS Sotra Fiskeindustri AS Stokfish Norway AS Thorleif E. Ellingsen AS Torget International AS (11) The Annex to Decision 97/634/EC listing the parties being are accepted, should be accordingly amended, from which undertakings HAS DECIDED AS FOLLOWS: Sole Article The Annex to Decision 97/634/EC is hereby replaced by the Annex to the present Decision. Done at Brussels, 11 September 1998. For the Commission Leon BRITTAN Vice-President L 252/70 EN Official Journal of the European Communities 12. 9. 98 ANNEX COMPANIES FROM WHICH THE COMMISSION ACCEPTED UNDERTAKINGS Undertaking No Company name TARIC additional code 001 003 005 007 008 011 013 014 015 016 017 019 020 021 022 023 024 026 027 028 030 031 032 033 035 036 039 041 042 043 044 045 046 047 048 049 050 051 052 053 055 058 059 060 061 062 A. Øvreskotnes AS Agnefest Seafood Alsvåg Fiskeprodukter A/S Aqua Export A/S Aqua Partner A/S Arctic Group International AS Arctic Superior AS Arne Mathiesen AS AS Aalesundfisk AS Austevoll Fiskeindustri AS Keco AS Nortraders Ltd AS Refsnes Fiskeindustri AS West Fish Ltd Astor AS Atlantic King Stranda AS Atlantic Seafood AS Borkowski & Røsnes AS Brødrene Aasjord AS Brødrene Eilertsen AS Brødrene Remø AS Christiansen Partner AS Clipper Seafood AS Coast Seafood AS Dåfjord Laks AS Delfa Norge AS Domstein Salmon AS Ecco Fisk & Delikatesse Edvard Johnsen AS 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 Gigante Fiskekroken AS Grieg Seafood AS Gunnar Klo AS Haafa fisk AS Hallvard Lerøy AS Herøy Filetfabrikk AS 8095 8325 8098 8100 8101 8109 8111 8112 8113 8114 8115 8117 8118 8119 8120 8121 8122 8124 8125 8126 8128 8129 8130 8131 8133 8134 8136 8138 8139 8140 8141 8142 8143 8144 8145 8146 8147 8148 8149 8150 8152 8300 8301 8302 8303 8304 12. 9. 98 EN Official Journal of the European Communities L 252/71 Undertaking No Company name TARIC additional code 064 065 066 067 068 070 071 072 075 076 077 079 080 082 083 084 085 086 087 088 089 090 092 093 095 096 098 099 100 101 104 105 106 107 108 109 111 112 113 114 115 116 117 119 120 121 122 123 124 125 126 Hirsholm Norge AS Hitramat & Delikatesse AS Hydro Seafood Sales AS Hydrotech-gruppen AS Icelandic Freezing Plants N. 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 Labeyrie Norge AS Lafjord Group AS Langfjord Laks AS Leica Fiskeprodukter Leonhard Products A/S 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 Midsundfisk AS Myre Sjømat AS Naco Trading AS Namdal Salmon AS Nergård AS Nils Williksen AS Niscan Corporation 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 Norsk Akvakultur AS Norsk Sjømat AS Northern Seafood AS Nortrade AS Norway Royal Salmon Sales AS Norway Royal Salmon AS Norway Seafarms AS Norway Seafoods ASA 8306 8154 8159 8428 8165 8172 8173 8174 8177 8178 8179 8181 8182 8184 8185 8186 8187 8423 8188 8189 8190 8326 8196 8197 8199 8200 8202 8203 8206 8207 8210 8211 8212 8213 8214 8215 8217 8218 8223 8227 8228 8229 8230 8232 8233 8307 8308 8309 8312 8313 8314 L 252/72 EN Official Journal of the European Communities 12. 9. 98 Undertaking No Company name TARIC additional code 128 129 130 134 136 137 138 140 141 142 143 144 145 146 147 148 149 151 153 154 155 156 157 158 159 160 161 162 164 165 166 167 168 171 172 174 175 176 177 178 180 182 183 186 187 188 189 190 191 Norwell AS Notfisk Arctic AS Nova Sea 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 Sagalax Nord AS Salomega AS Sangoltgruppa 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 Sirena Norway AS Kinn Salmon AS Skarpsno Mat SL Fjordgruppen AS SMP Marine Produkter AS Stavanger Røkeri AS Stjernelaks AS Stolt Sea Farm AS Storm Company AS Superior AS Svenodak AS Terra Seafood AS Timar Seafood 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 8316 8234 8235 8239 8241 8242 8243 8247 8248 8251 8253 8254 8256 8257 8258 8259 8260 8262 8264 8265 8266 8267 8268 8269 8270 8271 8272 8273 8275 8276 8277 8278 8279 8282 8283 8285 8286 8287 8288 8289 8294 8298 8317 8320 8321 8322 8323 8324 8102