18.9.2009 Official Journal of the European Union L 246/29 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 19 August 2009 repealing Decision 2007/424/EC accepting undertakings offered in connection with the anti- dumping proceeding concerning imports of certain prepared or preserved sweet corn in kernels originating in Thailand (2009/708/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 not members of the European Community (') (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof, After consulting the Advisory Committee, Whereas: A. EXISTING MEASURES (1) In June 2007, the Council, by Regulation (EC) No 682/2007 (%), imposed a definitive anti-dumping duty on imports of certain prepared or preserved sweet corn in kernels originating in Thailand (the product concerned’). Council Regulation (EC) No 954/2008 (°) amended Regulation (EC) No 682/2007 with regard to the duty imposed on one company and on ‘all other companies’. (2)  The Commission, by Decision 2007/424/[EC (%), accepted price undertakings offered by two exporting producers, namely Sun Sweet Co., Ltd (‘Sun Sweet) and Malee Sampran Public Co., Ltd (Malee). () OJ L 56, 6.3.1996, p. 1. () 0] L 159, 20.6.2007, p. 14. () O] L 260, 30.9.2008, p. 1. (4 O] L 159, 20.6.2007, p. 42. B. BREACHES OF THE UNDERTAKING 1. Obligations stipulated in the undertaking With regard to Sun Sweet, it is noted that in the framework of the undertaking, the company agreed to respect a number of obligations, such as, inter alia, not to issue undertaking invoices within 1 calendar year to customers in the Community to which they sell other products, in order to reduce the risk of cross-compen- sation. Moreover, and without prejudice to the abovementioned clause, the company agreed that it will not have the option of making some sales under the terms of the undertaking und others with payment of the anti- dumping duties as long as the quantitative ceiling is not reached. The company also agreed not to circumvent the under- taking by, inter alia, taking part in a trading system leading to a risk of circumvention. The terms of the undertaking also oblige the company to provide the Commission with regular and detailed information in the form of a quarterly report of its sales of the product concerned to the European Community. For the purpose of ensuring compliance with the under- taking, the company also undertook to allow on-spot verification visits at its premises in order to verify the accuracy and veracity of data submitted in the said quarterly reports and to provide all information considered necessary by the Commission.