1999/809/EC: Commission Decision of 25 November 1999 laying down provisions for implementing the Order of the President of the Court of First Instance of the European Communities of 29 September 1999 in Case T-44/98 RII (notified under document number C(1999) 3882)
Date: 1999-11-25
Institutions: European Commission
Subjects: customs regulations, import licence, overseas countries and territories, quantitative restriction, sugar, tobacco industry

7. 12. 1999

EN

Official Journal of the European Communities

L 313/25

COMMISSION DECISION

of 25 November 1999

laying down provisions for implementing the Order of the President of the Court of First Instance
of the European Communities of 29 September 1999 in Case T-44/98 RII

(notified under document number C(1999) 3882)

(1999/809/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Whereas:

(1)

(2)

(3)

(4)

suspending the application, as

On 30 April 1999 the President of the Court of First
Instance of the European Communities issued an order
in Case T-44/98 RII (Emesa Sugar (Free Zone) NV (herein-
after referred to as ‘Emesa’) v Commission of the European
Communities)
regards
Emesa, of Article 108b of Council Decision 91/482/EEC
on the association of the overseas countries and terri-
tories with the European Economic Community (1), as
last amended by Decision 97/803/EC (2)
(hereinafter
referred to as the ‘OCT Decision’), of Commission Regu-
lation (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 referred to as the ‘Order’).

The Order authorised Emesa until 31 October 1999 to
import ground sugar originating in the OCTs in accord-
ance with Article 6 of Annex II to Decision 91/482/EEC,
on the conditions set out in that Decision as it applied
up to 30 November 1997 and subject to certain require-
ments and restrictions.

In order to enable Emesa to carry out the transactions
the
for which it was authorised under
Commission adopted Decision 1999/422/EC 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 (5).

the Order,

Sugar importation authorised by the Order covers the
period up to 31 October 1999. Before that date the
Court of Justice handed down no judgment in Case
C-17/98 concerning the legality of Article 108b of the
OCT Decision. At Emesa's request, on 29 September
1999 the President of the Court of First Instance deliv-
ered a new Order (hereinafter referred to as the ‘second

(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 of the European Communities.
(5) OJ L 163, 29.6.1999, p. 83.

order’) authorising Emesa to import a further quantity of
ground sugar originating in the OCTs in accordance
with Article 6 of Annex II to the OCT Decision over the
period 31 October 1999 to 29 February 2000, on the
conditions set out in that Decision as it applied up to 30
November 1997 and subject to certain requirements and
restrictions.

(5)

In order to enable Emesa to carry out the transactions
for which it received authorisation under the second
Order,
implementing provisions to be applied by the
Member States and Emesa should be laid down,

HAS ADOPTED THIS DECISION:

Article 1

Emesa Sugar (Free Zone) NV, a company set up under Aruban
law and established in Oranjestad, Aruba, is hereby authorised
to import into the Community over the period 1 November
1999 to 29 February 2000 7 500 tonnes of ground sugar
originating in the OCTs in accordance with Article 6 of Annex
II to Decision 91/482/EEC, subject to the following conditions:

1. Importation shall be conditional on the issue of import
licences; the competent authorities in the Member States
shall issue licences in accordance with the applicable provi-
sions of Commission Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for the
application of the system of import and export licences and
advance fixing certificates for agricultural products (6), as
last amended by Regulation (EC) No 1127/1999 (7).

Box 24 of licences shall contain the entry ‘Order of the
President of the Court of First Instance of the European
Communities of 29 September 1999 in Case T-44 RII’.

Emesa shall lodge a security of EUR 3/tonne, which shall be
released if the goods are imported in accordance with the
import licence.

2. Sugar originating in the OCTs and imported into the
Community in accordance with the Order shall be sold at a
price at least equal to EUR 63,19 per 100 kg of standard
quality white sugar as defined in Council Regulation (EEC)
No 793/72 (8).

(6) OJ L 331, 2.12.1988, p. 1.
(7) OJ L 135, 29.5.1999, p. 48.
(8) OJ L 94, 21.4.1972, p. 1.

L 313/26

EN

Official Journal of the European Communities

7. 12. 1999

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

The security shall be released by order of the President of
the Court in favour of Emesa if the Court of Justice of the
in its judgment in Case
European Communities declares,
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
by 29 February 2000 at the latest. However, Emesa may release
up to 7 500 tonnes of sugar delivered free on board to it
before 29 February 2000 for
free circulation within the
customs territory of the Community.

Article 3

Emesa shall not submit any import licence applications under
Regulation (EC) No 2553/97.

Article 4

Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (1), as last amended
by Regulation (EC) No 955/1999 (2), shall apply provided it
does not conflict with the provisions of this Decision.

Article 5

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

Done at Brussels, 25 November 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 119, 7.5.1999, p. 1.