28.2.2014 Official Journal of the European Union L 59/35 COMMISSION IMPLEMENTING DECISION of 4 February 2014 repealing 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, inter alia, in India (2014/109/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (') (the ‘basic anti-subsidy Regulation’), and in particular Articles 13 thereof, After consulting the Advisory Committee, Whereas: A. EXISTING MEASURES Countervailing measures on imports of polyethylene terephthalate (PET) originating in India have been in force since 2000 (3). These measures have been last maintained by Council Implementing Regulation (EU) No 461/2013 (*), following an expiry review. Anti-dumping measures on imports of PET originating in India have been in force since 2000 (*). These measures have been last maintained by Council Regulation (EC) No 192/2007 (%), following an expiry review. On 24 February 2012 the Commission initiated a subsequent expiry review. By Implementing Decision 2013/226/EU (%), the Council rejected the Commission’s proposal for a Council implementing regulation maintaining the anti-dumping duty on imports of PET originating in, inter alia, India and, thus, the anti-dumping measures expired. 188, 18.7.2009, p. 93. 301, 30.11.2000, p. 1. 137, 23.5.2013, p. 1. 59, 27.2.2007, p. 1. 136, 23.5.2013, p. 12. () O L () O L () O] L * OJ L 301, 30.11.2000, p. 21. () O] L () O L (3) In 2000, by Decision 2000/745/EC (’) the Commission accepted price undertakings (‘the undertakings), offered in connection with both the anti-dumping and anti- subsidy proceedings from, inter alia, the Indian companies: Pearl Engineering Polymers Limited (Pearl’) and Reliance Industries Limited (Reliance’). In 2005, by Decision ~ 2005/697/EC (})  amending  Decision 2000/745[EC, the Commission accepted an undertaking from the Indian company South ASEAN Petrochem Limited which as a result of a merger changed its name to Dhunseri Petrochem & Tea Limited (Dhun- sert’) (°). B. CHANGE IN CIRCUMSTANCES DURING THE IMPLE- MENTATION OF THE UNDERTAKINGS A change in the circumstances during the implemen- tation of the undertakings may justify a decision of the Commission to exercise its power to withdraw the acceptance of the undertakings, as set out in Article 13(9) of the basic anti-subsidy Regulation. The repeal of the anti-dumping measures and the main- tenance of countervailing duties constitute a change in the circumstances under which the undertakings were accepted. The undertakings were accepted in the presence of both anti-dumping and anti-subsidy measures. The core element of the undertakings, the Minimum Import Price (MIP), reflects both the dumping and subsidy element. Currently, there is no dumping element. Therefore, the MIP is not at the appro- priate level. C. BREACHES OF THE UNDERTAKING In addition, one of the Indian companies, Pearl, did not respect its reporting obligation vis-a-vis the Commission. The company failed to submit quarterly sales reports. The Commission is thus unable to effectively monitor the undertaking. 301, 30.11.2000, p. 88. oJ L 0J L 266, 11.10.2005, p. 62. 0J C 335, 11.12.2010, p. 7.