Regulation 2008/685 - Council Regulation 685/2008 repealing the anti-dumping duties imposed by Regulation (EC) No 85/2006 on imports of farmed salmon from Norway - Main contents
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official title
Council Regulation (ΕC) No 685/2008 of 17 July 2008 repealing the anti-dumping duties imposed by Regulation (EC) No 85/2006 on imports of farmed salmon originating in Norway| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2008/685 |
| Original proposal | COM(2008)385  |
| CELEX number i | 32008R0685 |
| Document | 17-07-2008 |
|---|---|
| Publication in Official Journal | 19-07-2008; OJ L 192, 19.7.2008,Special edition in Croatian: Chapter 11 Volume 131 |
| Effect | 20-07-2008; Entry into force Date pub. + 1 See Sole Art. |
| End of validity | 31-12-9999 |
19.7.2008 |
EN |
Official Journal of the European Union |
L 192/5 |
COUNCIL REGULATION (ΕC) No 685/2008
of 17 July 2008
repealing the 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 (1) (the basic Regulation), and in particular Article 9 and 11(3) thereof,
Having regard to the proposal submitted by the Commission after having consulted the Advisory Committee,
Whereas:
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A.PROCEDURE
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1.Measures in force
(1) |
The Council, following an anti-dumping investigation (the original investigation), by Regulation (EC) No 85/2006 (2) imposed a definitive anti-dumping duty on imports of farmed salmon originating in Norway. The definitive duty was imposed in the form of a minimum import price (MIP). |
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2.Request for review and initiation
(2) |
On 20 February 2007, the Commission received a request for a partial interim review lodged by the following Member States: Italy, Lithuania, Poland, Portugal and Spain (the applicants) pursuant to Article 11(3) of the basic Regulation. |
(3) |
The applicants have provided prima facie evidence that the basis on which the measures were established has changed and that these changes are of a lasting nature. The applicants alleged and provided prima facie evidence showing that a comparison between a constructed normal value and export prices would lead to a reduction of dumping significantly below the level of the current measures. Therefore, the continued imposition of measures at the existing levels is no longer necessary to offset dumping. This evidence was considered sufficient to justify the opening of a proceeding. |
(4) |
Accordingly, after having consulted the Advisory Committee, the Commission on 21 April 2007 initiated, by the publication of a notice in the Official Journal of the European Union (3), a partial interim review of anti-dumping measures in force on imports of farmed salmon originating in Norway in accordance with Article 11(3) of the basic Regulation (the notice of initiation). |
(5) |
This review was 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. |
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3.Parties concerned by the proceeding
(6) |
The Commission officially advised all known exporters/producers in Norway, traders, importers and associations known to be concerned, and representatives of the Kingdom of Norway, of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. |
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4.Sampling
(7) |
Section 5(a) of the notice of initiation indicated that the Commission may decide to apply sampling in accordance with Article 17 of the basic Regulation. In response to the request pursuant to Section 5(a)(i) of the notice of initiation, 267 companies provided the information requested within the specified deadline. Of these, 169 were exporting producers of farmed salmon. Exports were made either directly or indirectly via related and independent traders. |
(8) |
In view of the large number of companies involved, it was decided to make use of the provisions for sampling and, for this purpose, a sample of producing companies, with the largest export volumes to the Community (exporting producers) was chosen, in consultation with the representatives of the Norwegian industry. The representatives of the... |
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