Council Regulation (EC) No 85/2006Show full title

Article 1

1. A definitive anti-dumping duty is hereby imposed on imports of farmed (other than wild) salmon, whether or not filleted, fresh, chilled or frozen, falling 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 (hereinafter farmed salmon) originating in Norway.

2. Wild salmon shall not be subject to the definitive anti-dumping duty. For the purpose of this Regulation, wild salmon shall be that in respect of which the competent authorities of the Member State, where the customs declaration for free circulation is accepted, are satisfied, by means of all appropriate documents to be provided by interested parties, that it was caught at sea for Atlantic or Pacific salmon or in rivers for Danube salmon.

3. The amount of the definitive anti-dumping duty in respect of Nordlaks Oppdrett AS shall be:

Company	Definitive duty	TARIC additional code
Nordlaks Oppdrett AS, Boks 224, N-8455 Stokmarknes	0,0 %	A707

4. For all other companies (TARIC additional code A999), the amount of the definitive anti-dumping duty shall be the difference between the minimum import price fixed in paragraph 5 and the net free-at-Community-frontier price, before duty, if the latter is lower than the former. No duty shall be collected where the net free-at-Community-frontier price is equal to or higher than the corresponding minimum import price fixed in paragraph 5.

5. For the purpose of paragraph 4, the minimum import price set out in column 2 in the table below shall apply. Where it is found following post-importation verification that the net free-at-Community-frontier price actually paid by the first independent customer in the Community (post-importation price) is below the net free-at-Community-frontier price, before duty, as resulted from the customs declaration and the post-importation price is lower than the minimum import price, the fixed anti-dumping duty set out in column 3 of the table below shall apply, unless the application of the fixed duty set out in column 3 plus the post-importation price lead to an amount (price actually paid plus fixed duty) which remains below the minimum import price set out in column 2 in the table below. In such a case, an amount of duty equivalent to the difference between the minimum import price set out in column 2 in the table below and the post-importation price shall apply. Where such fixed anti-dumping duty is collected retrospectively, it shall be collected net of any anti-dumping duty previously paid, calculated on the basis of the minimum import price.

Presentation of farmed salmon	Minimum import price EUR/kg net product weight	Fixed duty EUR/kg net product weight	TARIC code
Whole fish, fresh, chilled or frozen	2,8	0,4	0302 12 00 12, 0302 12 00 33, 0302 12 00 93, 0303 11 00 93, 0303 19 00 93, 0303 22 00 12, 0303 22 00 83
Gutted, head-on, fresh, chilled or frozen	3,11	0,45	0302 12 00 13, 0302 12 00 34, 0302 12 00 94, 0303 11 00 94, 0303 19 00 94, 0303 22 00 13, 0303 22 00 84
Other (including gutted, head-off), fresh, chilled or frozen	3,49	0,5	0302 12 00 15, 0302 12 00 36, 0302 12 00 96, 0303 11 00 18, 0303 11 00 96, 0303 19 00 18, 0303 19 00 96, 0303 22 00 15, 0303 22 00 86
Whole fish fillets and fillets cut in pieces, weighing more than 300 g per fillet, fresh, chilled or frozen, skin on	5,01	0,73	0304 10 13 13, 0304 10 13 94, 0304 20 13 13, 0304 20 13 94
Whole fish fillets and fillets cut in pieces, weighing more than 300 g per fillet, fresh, chilled or frozen, skin off	6,4	0,93	0304 10 13 14, 0304 10 13 95, 0304 20 13 14, 0304 20 13 95
Other whole fish fillets and fillets cut in pieces, weighing 300 g or less per fillet, fresh, chilled or frozen	7,73	1,12	0304 10 13 15, 0304 10 13 96, 0304 20 13 15, 0304 20 13 96

6. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93(1), the amount of anti-dumping duty, calculated on the basis of paragraph 4 and 5 above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

7. Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

The amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 628/2005, prior to the entry into force of Regulation (EC) No 1010/2005, on imports of farmed salmon originating in Norway shall be released.

The amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 1010/2005 on imports of farmed salmon originating in Norway shall be definitively collected in accordance with the following rules:

(a)

the amounts secured in excess of the definitive duties shall be released;

(b)

where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 January 2006.

For the Council

The President

U. Plassnik