L 179/8 Official Journal of the European Union 14.7.2010 DECISIONS COMMISSION DECISION of 13 July 2010 repealing Decision 2006/109/EC accepting an undertaking offered in connection with the anti- dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2010/389/EU) THE EUROPEAN COMMISSION, 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 (') (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof, After consulting the Advisory Committee, ©) Whereas: EXISTING MEASURES (1) The Council, by Regulation (EC) No 1212/2005 (3, imposed definitive anti-dumping duties on imports into the Union of certain castings originating in the People’s Republic of China (the product concerned). This Regu- lation was last amended by Council Regulation (EC) No (6) 500/2009 (¥). (2)  The Commission, by Decision 2006/109/EC (*) accepted a joint price undertaking (the undertaking’) from the China Chamber of Commerce for Import and Export of Machinery and Electronics Products (‘CCCME) together with 20 cooperating Chinese companies or cooperating groups of companies (‘the companies’). This Decision was last amended by Commission Decision 2010/177/EU (®). BREACHES OF THE UNDERTAKING The undertaking Obligations of the companies under the undertaking (3  In the framework of the undertaking, the companies (®) agreed, inter alia, not to sell the product concerned to () O] L 343, 22.12.2009, p. 51. () OJ L 199, 29.7.2005, p. 1. () O] L 151, 16.6.2009, p. 6. (4 O] L 47, 17.2.2006, p. 59. () O] L 77, 24.3.2010, p. 55. the first independent customer in the European Union (EU) below a certain minimum import price (MIP) laid down in the undertaking. The companies also agreed not to circumvent the under- taking by, inter alia, making compensatory arrangements with their customers and by making misleading declar- ations regarding the origin of the product concerned or the identity of the exporter. The terms of the undertaking also oblige the companies to provide the European Commission (‘the Commission’) with regular and detailed information, in the form of a quarterly report of all their export sales of the product concerned to the EU. Unless otherwise indicated, it is assumed that the data submitted in these sales reports are complete, exhaustive and correct in all particulars and that the transactions fully comply with the terms of the undertaking. For the purpose of ensuring compliance with the under- taking, the companies also undertook to allow on-spot verification visits at their 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. Furthermore, and as further stipulated in the undertaking, the acceptance of the undertaking by the Commission is based on trust and any action which would harm the relationship of trust established with the Commission shall justify the immediate withdrawal of the undertaking. Specific provisions of this price undertaking In addition, Decision 2006/109/EC stipulates that a breach by any of the companies or the CCCME shall be considered as a breach of the undertaking by all signa- tories. The undertaking further stipulates that any breach or suspected breach of any provision of the undertaking shall lead to acceptance of the undertaking being withdrawn for all companies, regardless of the level of materiality of the breach.