L 170/32 Official Journal of the European Union 1.7.2005 COMMISSION REGULATION (EC) No 1010/2005 of 30 June 2005 amending Regulation (EC) No 628/2005 imposing a provisional anti-dumping duty on imports of farmed salmon originating in Norway 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 not members of the European Community (') (the basic Regulation) and in particular Article 7 thereof, After consulting the Advisory Committee, Whereas: 1. EXISTING MEASURES Following the initiation () of an anti-dumping investi- gation on 23 October 2004, the Commission imposed on 23 April 2005 by Regulation (EC) No 628/2005 (%) provisional anti-dumping duties on imports of farmed salmon originating in Norway (Regulation imposing a provisional duty). The provisional anti-dumping duties which took the form of ad valorem duties ranging between 6,8 % and 24,5 % of the value of the imported products apply as of 27 April 2005. 2. FORM OF THE PROVISIONAL ANTI-DUMPING MEASURES Anti-dumping measures may take different forms. For example, whereas the actual amount of an ad valorem duty varies in response to the import prices, the effect of a minimum import price is static in nature. The purpose of both forms of measures is to eliminate the injurious effects of dumping. When choosing the form of the measure, the Commission has a wide discretion. In previous investigations of farmed salmon, duties based () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation A ) (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). 0] C 261, 23.10.2004, p. 8. oL 104, 23.4.2005, p. 5. on a minimum import price sufficient to remove the effects of injurious dumping were the preferred form of the measures. However, in imposing provisional measures in the current case, the Commission provisionally considered that a minimum import price might be difficult to enforce and be more open to circumvention than other forms of measures. Therefore, in this investigation, provi- sional measures were originally imposed in the form of ad valorem duties. After the adoption of provisional measures, the Community market has seen a significant, unprecedented and unforeseeable rise in market prices for farmed salmon. The situation is aggravated by the fact that salmon is to a large extent traded as a fresh product with a short shelf-life. Thus, the excessive variations of market prices cannot be offset by stocking sufficient quantities of the product. In the specific circumstances of this case, the original considerations for not imposing minimum import prices are no longer present. Indeed, currently there is minimal risk that a minimum import price will be evaded, contrary to some experience in the past. However, the volatility now observed in the market would also suggest that this dramatic development is not of such a lasting nature as to put into question the findings of dumping and injury made with regard to the investigation period. Under these circumstances, it is considered appropriate to change the form of the measures to a minimum import price. As stated above, the purpose of the minimum price is the same as that of an ad valorem duty, i.e. to remove the effects of the injurious dumping. Where imports are undertaken at a cif Community border price equal to or above the minimum import price established, no duty would be payable. If imports are undertaken at a lower price, the difference between the actual price and the minimum import price estab- lished would become payable.