1999/422/EC: Commission Decision of 24 June 1999 laying down measures for the application of the Order of the President of the Court of First Instance of the European Communities of 30 April 1999 in Case T-44/98 RII (notified under document number C(1999) 1736)
Date: 1999-06-24
Institutions: European Commission
Subjects: General Court (EU), import licence, ordinance, overseas countries and territories, sugar

29. 6. 1999

EN

Official Journal of the European Communities

L 163/83

COMMISSION DECISION

of 24 June 1999

laying down measures for the application of the Order of the President of the
Court of First Instance of the European Communities of 30 April 1999 in Case
T-44/98 RII

(notified under document number C(1999) 1736)

(1999/422/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(1) Whereas on 30 April 1999 the President of the
Court of First Instance of the European Communi-
ties made an order in Case T-44/98 RII (Emesa
Sugar (Free Zone) NV  hereinafter called ‘Emesa'
 v. the Commission of the European Communi-
ties), suspending, as regards Emesa, the application
of Article 108b of Council Decision 91/482/EEC of
25 July 1991 on the association of the overseas
and territories with the European
countries
Economic Community (1), as
last amended by
Decision 97/803/EC (2), of Commission Regulation
(EC) No 2553/97 of 17 December 1997 on rules for
issuing import licences for certain products covered
by CN codes 1701, 1702, 1703 and 1704 and quali-
fying as ACP/OCT originating products (3), and of
the Commission Decision of 23 December 1997
(VI/51329) (4),

(hereinafter called the ‘Order');

and territories

(2) Whereas, in addition, the Order authorised Emesa
to import ground sugar originating in the overseas
(OCTs), within the
countries
meaning of Article 6 of Annex II to Decision 91/
482/EEC, on the conditions
in that
Decision as they applied up to 30 November 1997
and subject to certain requirements and restric-
tions;

set out

(3) Whereas in order to enable Emesa to carry out the
transactions for which it received authorisation in
the Order, the implementing provisions which the
Member States and Emesa must observe should be
laid down,

HAS ADOPTED THIS REGULATION:

Article 1

Emesa Sugar (Free Zone) NV, a company set up under
Aruban law, established in Oranjestad, Aruba, is hereby
authorised to import into the Community, during the

(1) OJ L 263, 19.9.1991, p. 1.
(2) OJ L 329, 29.11.1997, p. 50.
(3) OJ L 349, 19.12.1997, p. 26.
(4) Not published in the Official journal.

period 1 May to 31 October 1999, 7 500 tonnes of ground
sugar originating in the OCTs within the meaning of
Article 6 of Annex II to Decision 91/482/EEC, subject to
the following conditions:

1. Importation shall be conditional on the issue of an
in the
licence. The competent authorities
import
Member States shall issue licences in accordance with
the applicable provisions of Commission Regulation
(EEC) No 3719/88 (5).

Box 24 of the licence shall contain the entry ‘ORDER
OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE OF THE EUROPEAN COMMUNITIES
IN CASE T-44 RII OF 30.4.1999'.

Emesa shall establish a security of EUR 3/tonne which
shall be released if the goods are imported in accord-
ance with the import licence.

2. Sugar originating in the OCTs imported into the
Community in accordance with the Order shall be sold
at a price at least equivalent to EUR 63,19 per 100
kilograms of standard quality white sugar as defined in
Council Regulation (EEC) No 793/72 (6).

In addition to the security provided for in the last
paragraph of point 1, Emesa shall lodge at the customs
office where the formalities of release for free circula-
tion are carried out, at the latest on the day on which
the sugar is declared to the customs authorities, a bank
guarantee of USD 28/tonne.

The security shall be released by order of the President
of the Court in favour of Emesa if the Court of Justice
of the European Communities declares, in its judg-
ment in Case C-17/98, that Article 108b of Decision
91/482/EEC is void.

Article 2

Import licences shall be issued and the goods shall be
imported not later than 31 October 1999.

Article 3

Emesa shall not apply for import licences pursuant to
Regulation (EC) No 2553/97.

(5) OJ L 331, 2.12.1988, p. 1.
(6) OJ L 94, 21.4.1972, p. 1.

L 163/84

EN

Official Journal of the European Communities

29. 6. 1999

Article 4

Article 6

Council Regulation (EEC) No 2913/92 shall apply
provided it does not conflict with the provisions of this
Decision.

This Decision is addressed to the Member States and
Emesa Sugar (Free Zone) NV.

Done at Brussels, 24 June 1999.

Article 5

For the Commission

Franz FISCHLER

This Decision shall apply with effect from 1 June 1999.

Member of the Commission