 
  WORLD TRADE  
ORGANIZATION  G/SG/N/6/EEC/3 
17 March 2004 
 (04-1193) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT 
ON SAFEGUARDS ON INITIATION OF AN INVESTIGATION  
AND THE REASONS FOR IT 
 
EUROPEAN COMMUNITIES 
 
(Salmon) 
 
  The following communication, dated 11 March 2004, is being circulated at the request of the 
Delegation of the European Commission. 
 
_______________ 
 
 
1. Specify the date when the investigation was initiated  
 
 On 6 March 2004, the European Commission in itiated an investigati on relating to serious 
injury to the domestic producers of products like or  directly competing with imported farmed salmon. 
  Public notice of the investigation was provided on 6 March 2004. 
 
2. Specify the product subject to the investigation  
 
 The product covered by the investigation is farmed salmon whether or not filleted, fresh, 
chilled or frozen, hereinafter referred  to as "the product concerned". 
 
 The product concerned is currently classified  within the European Community Combined 
Nomenclature (CN) codes ex 0302 12 00, ex 03 03 11 00, ex 0303 19 00, ex 0303 22 00, ex 0304 10 
13 and ex 0304 20 13.  
3. Provide the reasons for the initiation of investigation 
 (a) Information provided to the Commission 
 
 The Commission has been informed by the Un ited Kingdom and Ireland, pursuant to Article 2 
of Council Regulations (EC) No 3285/94
1 and 519/942 respectively, that trends in imports of the 
product concerned appear to call for safeguard measures.  The United Kingdom and Ireland submitted 
the evidence available to them in relation to the i ndicators specified in Article 10 of Regulation (EC) 
No 3285/94 and Article 8 of Regulation (EC) No 519/94, and asked the Commission to open a 
safeguard investigation.  
                                                     
 
1  OJ L 349, 31.12.1994, p. 53. 
2  OJ L 67, 10.3.1994, p. 89. G/SG/N/6/EEC/3 
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 (b) Increase in imports 
 
 The information currently available to the Co mmission indicates that there have been recent 
sharp increases in imports of the product concerne d in absolute terms and relative to Community 
production. 
 
 Annex 1 contains detailed information as to the increases in imports which forms the basis for the initiation of the investigation.   (c) Serious injury or threat of serious injury  
 The information currently available to the Co mmission includes data in relation to certain 
economic indicators specified in Article 4 of the Agreement on Safeguards.  In general, the data 
shows a situation of steadily increasing consumpti on in the Community market over the four year 
period, together with a sharp increase in imports at low prices during the last 12 months, and reduced 
sales volumes, prices and profitability for Community producers. 
 
Annex 1 contains detailed info rmation as to the evidence wh ich forms the basis for the 
initiation of the investigation   (d) Procedure  
 Following the provisions of Article 6 Regul ation (EC) No 3285/94 and Article 5 of 
Regulation (EC) No 519/94 governing safeguard inv estigations in the European Communities, the 
Commission has consulted the Advisory Committe e established under Article 4 of each of those 
regulations.  Following that consu ltation, it is apparent to the Commission that there is sufficient 
evidence to justify the initiation of an investiga tion in relation to the product concerned and the 
Commission has decided to open an investigatio n, in cooperation with the Member States, to 
determine whether the necessary conditions exist for the adoption of definitive safeguard measures in 
relation to the product concerned.  
4. Further information 
  A copy of the Notice of Initiation which appeared in the Official Journal of the European 
Union is being submitted to the Committee ( Annex 2 ).  This document will also be available in the 
WTO Secretariat for inspection by government representatives.   
  G/SG/N/6/EEC/3
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ANNEX 1  
 
ECONOMIC INDICATORS 
 
Data per calendar year 2000 2001 2002 2003 Jan/Sept 
2002 Jan/Sept  
2003 
       
CONSUMPTION (thousand tonnes) 461 483 503  347 370 
       
IMPORTS       
Volume (thousand tonnes) 331 336 359  238 273 
Market share (%) 72% 70% 71%  69% 74% 
Unit prices (Euro/kg)Imports 3.71 3.11 2.99 2.87*   
       
SITUATION OF COMMUNITY 
PRODUCERS ACCOUNTING FOR  A MAJOR PROPORTION OF TOTAL COMMUNITY PRODUCTION      
Production ( thousand tonnes ) 139 155 155  116 118 
Sales volume in the EU ( thousand tonnes ) 130 147 144  109 98 
Market share(%) 28 30 29  31 26 
Unit sales price (£/kg)  2.22 1.64 1.73 1.79*   
Net profit/loss on EU sales (£/kg) 0.22 -0.36 -0.15 -0.39*   
       
 * Data for period Jan - May 2003 
 G/SG/N/6/EEC/3 
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 ANNEX 2 
 
OFFICIAL JOURNAL OF THE EUROPEAN UNION – 6.3.2004 
 
Notice of initiation of a safeguard investigation under Council Regulations 
(EC) Nos 3285/94 and 519/94 concerning imports of farmed salmon 
 
(2004/C 58/04) 
 
1.  REQUEST 
  The Commission has received requests from the United Kingdom and Ireland for the 
initiation of a safeguard investigation based on Article 2 of Council Regulations (EC) Nos 3285/94
1 
and 519/94.2 In their requests, the United Kingdom and Ireland have informed the Commission that 
trends in imports of farmed Atlantic salmon, whethe r or not filleted, fresh, chilled or frozen appear to 
call for safeguard measures, and have provided the evidence available, as determined on the basis of 
the criteria laid down in Article 10 of Regulation (EC) No 3285/94 and Article 8 of Regulation (EC) 
No 519/94.   The Commission has analysed whether the c onditions for opening an investigation under 
Council Regulations (EC) Nos 3285/94 and 519/94 are fulfilled. 
 
2.  PRODUCT CONCERNED 
 
 The product in question is farmed salmon, wh ether or not filleted, fresh, chilled or frozen 
(‘the product concerned’). 
 
 The product concerned is currently classified within CN codes ex 0302 12 00, ex 0303 11 00, 
ex 0303 19 00, ex 0303 22 00, ex 0304 10 13 and ex 0304 20 13.  These CN codes are given for information only.  
3.  INCREASE IN IMPORTS AND INJURY 
  The United Kingdom and Ireland have provided ev idence that imports into the Community of 
the product concerned are increasing rapidly both in  absolute terms, and relative to Community 
production and consumption, and, in particular, that imports have increased from around 238 000 
tonnes in the first nine months of 2002 to around 27 3 000 tonnes in the first nine months of 2003, an 
increase of 14.7 per cent. 
  It is alleged that the high volumes and low prices of the imported product concerned have, 
among other consequences, had a negative impact on the prices of like or directly competitive 
products in the Community, and on the market share held, the quantities sold and the level of prices 
charged by the Community producers
3, resulting in serious injury to the Community producers. 
 
4.  PROCEDURE 
 
 Following the provisions of Article 6 of Regulation (EC) No 3285/94 and Article 5 of 
Regulation (EC) No 519/94, the Commission has c onsulted the Advisory Committees established 
                                                      
1 OJ L 349, 31.12.1994, p. 53. 
2 OJ L 67, 10.3.1994, p. 67. 
 3 ‘Community producers’ includes the ‘Community producers’ as defined in Article 5(3)(c) of Council 
Regulation (EC) No 3285/94 and ‘Community producers of like or directly competing products’ as referred to in 
Article 15(1) of Council Regulation (EC) No 519/94.  G/SG/N/6/EEC/3 
 Page 5 
 
 
 under Article 4 of Regulations (EC) No 3285/ 94 and 519/94 respectively.  Following that 
consultation, it is apparent to the Commission that there is sufficient evidence to justify the initiation 
of an investigation, and the Commission hereby in itiates an investigation pursuant to Article 6 of 
Regulation (EC) No 3285/94 and Article  5 of Regulation (EC) No 519/94. 
  4.1.  Scope of the investigation 
 
 The investigation will determine whether saf eguard measures are justified under Council 
Regulations (EC) No 3285/94 and 519/94.  Specifically , the investigation will determine whether, as a 
result of unforeseen developments, the product concer ned is imported into the Community in such 
greatly increased quantities and/or on such terms or conditions as to cause or threaten to cause serious 
injury to the Community producers.  (a)  Questionnaires 
 
 In order to obtain the information it deems necessary for its investigation, the Commission 
will send questionnaires to the known producers of the like or directly competitive products in the 
Community and to any association of such  producers in the Community; to the known 
exporters/producers outside the Community and importers of the product concerned to the 
Community; and to any known association of such exporters/producers and such importers of the 
product concerned. 
 
 In any event, all parties should contact the Commi ssion forthwith by fax, but not later than the 
time limit set out in paragraph 5(a) of this notice, and, if necessary, request a questionnaire.  (b)  Collection of information and holding of hearings 
 
 All interested parties are hereby invited to  make their views known, submit information and 
provide supporting evidence.  This information and supporting evidence has to reach the Commission 
within the time limit set in paragraph 5(b) of this notice.   Furthermore, the Commission will hear interested  parties, provided that they make a request 
showing that they are actually likely to be affected  by the result of the investigation and that there are 
particular reasons why they should be heard.  This request must be made within the time limit set in 
paragraph 5(c) of this notice.  
 4.2.  Procedure for the assessment of Community interest 
  In the event that it is determined that the product concerned is imported into the Community 
in such greatly increased quantities and/or on such term s or conditions as to cause or threaten to cause 
serious injury to the Community producers as to ju stify the taking of safeguard measures, a decision 
as to whether the Community interest calls for inte rvention shall be made based on an appreciation of 
all the various interests taken as a whole, includi ng the interests of the Community producers and 
users and consumers. 
  In order to provide a sound basis on which th e Commission can take account of all views and 
information in the decision as to whether or not  the imposition of measures is in the Community 
interest, the Community producers, importers, thei r representative associations, representative users 
and representative consumer organisat ions, provided that they prove that there is an objective link 
between their activity and the product concerned, may, within the time limits set in paragraph 5(c) of 
this notice, make themselves known and provide th e Commission with information.  Those parties 
who have made themselves known within the time limit may also request a hearing setting the particular reasons why they should be heard within th e time limit set in paragr aph 5(c) of this notice. G/SG/N/6/EEC/3 
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 It should be noted that any information submitted will only be taken into ac count if supported by 
actual evidence at the time of submission.  
5.  TIME LIMITS 
 
(a)  Questionnaires 
  Interested parties willing to receive a questionnaire should request it as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European 
Union . 
 
(b)  For parties to make themselves known, to  submit questionnaire replies and any other 
information 
 
 All interested parties, if their representa tions are to be taken into account during the 
investigation, must make themselves known by contacting the Commission, presenting their views 
and submitting questionnaire replies or any other inform ation within 21 days of the date of publication 
of this notice in the Official Journal of the European Union , unless otherwise specified.  Attention is 
drawn to the fact that the exercise of most pro cedural rights set out in Council Regulation (EC) 
No 3285/94, and Council Regulation (EC) No 519/ 94 depends on parties making themselves known 
within the aforementioned period. 
 
(c)  Hearings 
 
 Pursuant to Article 6(4) of Council Regulatio n (EC) No 3285/94 and Article 5(4) of Council 
Regulation (EC) No 519/94, all interested parties may also apply to be heard by the Commission 
within 21 days of the publication of this notice in the Official Journal of the European Union . 
 
6.  WRITTEN SUBMISSIONS, QUESTIONNAIRE REPLIES AND 
CORRESPONDENCE 
 
 All relevant information is to be communica ted to the Commission.  All submissions and 
requests made by interested parties must be made in writing (not in electronic format, unless 
otherwise specified), and must indicate the name, address, e-mail address, telephone and fax, and/or 
telex numbers of the interested party.   The Commission address for correspondence is: 
 
 European Commission  Directorate General for Trade  Directorate B  Office: J-79 5/16  B-1049 Brussels 
 
 Fax (32-2) 295 65 05  Telex: COMEU B 21877  
7.  NON-COOPERATION 
  When information is not supplied within the tim e limits or the investigation is significantly 
impeded, findings, affirmative or  negative, may be made on the basis of the facts available. 
  Where it is found that any interested party has supplied false or misleading information, the 
information shall be disregarded and use may be made of the facts available.  G/SG/N/6/EEC/3 
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8.  SCHEDULE OF THE INVESTIGATION 
 
 In accordance with Article 7 of Regulation (EC)  No 3285/94 and Article 6 of Regulation (EC) 
No 519/94, the investigation shall, if possible, be concluded within nine mont hs of the date of the 
publication of this notice in the Official Journal of the European Union . 
  In exceptional circumstances the investigation may be extended by a further maximum period of two months.  If the time limit is extende d, the Commission will publish a notice in the Official 
Journal of the European Union setting forth the duration of the extension and a summary of the 
reasons therefor. 
  
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