22.5.2013 Official Journal of the European Union L 135/19 DECISIONS COMMISSION DECISION of 24 April 2013 amending Decision 2000/745/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand (2013/223/EU) THE EUROPEAN COMMISSION, B. OBLIGATIONS ARISING FROM THE UNDERTAKING (3)  One of the fundamental obligations arising from an Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (') undertaking is the quarterly reporting of sales, which enables the Commission to effectively monitor the under- taking. The monitoring obligation also covers the situation that no sales were carried out during a given quarter (a so-called ‘no sales’ report). Lo : ! o | - ) (4)  In addition, the exporting producers must immediately (the ‘basic anti-dumping Regulation’), and in particular Articles notify the Commission of any changes of the corporate 8 and 9 thereof, structure of the company which might occur during the application of the undertaking. After consulting the Advisory Committee, (5)  The provisions of the undertaking stipulate that failure to cooperate with the Commission on these issues shall be Whereas: considered as a breach of the undertaking. A recent ruling of the Court of Justice () also confirmed that reporting obligations must be regarded as primary A. EXISTING MEASURES obligations for the proper functioning of an undertaking. (1) The Council, by Regulation (EC) No 192/2007 (%), imposed a definitive anti-dumping duty on imports of C. BREACHES OF THE UNDERTAKING certain polyethylene terephtalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, (6)  The company Polypet did not send any sales report Thailand and Taiwan fo]lowing an expiry review and a regarding the third quarter 2012, despite repetitive partial interim review. The measures were originally reminders. In addition, contrary to the provisions of imposed in August 2000 (°). Measures are currently the undertaking to which the company committed, subject to another expiry review (*). Polypet did not inform the Commission immediately that its assets had been sold to another Indonesian company in August 2012. No report was received () The Commission, by Decision 2000/745[EC (%) (the regarding the fourth quarter 2012. Decision’), accepted a price undertaking (the undertak- ing), inter alia, from the Indonesian company P.T. Polypet Karyapersada (‘Polypet). Following the findings (7). The company Futura did not send any reports for the and conclusions relating to a ‘new exporter' review (%), third and fourth quarter 2012, despite repetitive the Commission, by Decision 2002/232[EC (7) reminders. amending Decision 2000/745/EC, accepted an under- taking from the Indian company Futura Polyesters Limited (Futura). (8)  These failures to submit reports and notifications on the O 343, 22.12.2009, p. 51. 59, 27.2.2007, p. 1. 199, 5.8.2000, p. 48. 301, 30.11.2000, p. 88. 78, 21.3.2002, p. 4. 78, 21.3.2002, p. 12 and OJ C 116, 15.5.2003, p. 2. () oL (® oL () oL (9 O] C 55, 24.2.2012, p. 4. () O] L ) O] L () oL change of company structure qualify as continuous non- cooperation, thus breaching the provisions of the under- takings. This justifies withdrawing both undertakings. (]) Case C-552[/10 P, http://curia.europa.eu/juris/document/document. jsfrtext=&docid=130244&pagelndex=0&doclang=en&mode= req&dir=&occ=first&part=1&cid=825501