2000/525/EC: Commission Decision of 8 August 2000 laying down the measures required to implement the order of the President of the Court of First Instance of the European Communities of 12 July 2000 in Joined Cases T-94/00 R and T-110/00 R (notified under document number C(2000) 2368)
Date: 2000-08-08
Institutions: European Commission
Subjects: application of EU law, production quota, sugar product

22.8.2000

EN

Official Journal of the European Communities

L 211/15

COMMISSION DECISION

of 8 August 2000

laying down the measures required to implement the order of the President of the Court of First
Instance of the European Communities of 12 July 2000 in Joined Cases T-94/00 R and T-110/00 R

(notified under document number C(2000) 2368)

(2000/525/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Whereas:

(1)

(2)

(3)

(4)

On 12 July 2000 the President of the Court of First
the European Communities delivered an
Instance of
order in cases T-94/00 R and T-110/00 R (Rica Foods
(Free Zone) NV and Free Trade Foods NV — hereafter
called ‘Rica’ and ‘Free Trade’ — versus the Commission
of the European Communities) — hereafter called the
‘Order’.

The Order stayed application with regard to Rica and
Free Trade of Commission Regulation (EC) No 465/
2000 of 29 February 2000 introducing safeguard meas-
ures for imports from the overseas countries and terri-
tories of sugar sector products with EC/OCT cumulation
of origin (1).

Under the terms of the Order, Rica and Free Trade have
been authorised to import up to 4 995 tonnes of sugar
sector products with EC/OCT cumulation of origin by
30 September 2000 at the latest.

To allow Rica and Free Trade to perform the operations
authorised by the Order, implementing rules should be
adopted which the Member States, Rica and Free Trade
must apply, without prejudice to the ruling which the
Court will hand down in the main cases,

HAS ADOPTED THIS DECISION:

Article 1

Rica Foods (Free Zone) NV, company established under Aruban
law, registered in Oranjestad (Aruba), and Free Trade Foods NV,
company established under Netherlands Antilles law and regis-
tered there, are hereby authorised to import
into the
Community 2 731 tonnes and 2 264 tonnes respectively,
making a total of 4 995 tonnes, of sugar with EC/OCT cumula-
tion of origin under the following conditions:

1. Import shall be conditional upon the issue of an import
licence. The competent authorities of the Member States

shall issue those licences in accordance with the applicable
provisions of Commission Regulation (EEC) No 3719/88 (2).

Box 24 of the licence shall contain the indication: ‘ORDER
OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE OF THE
EUROPEAN COMMUNITIES OF 12 JULY 2000 IN JOINED CASES
T-94/00 R AND T-110/00 R.’

2. A security of EUR 3/tonne shall be lodged by Rica and Free
Trade. It will be released if import is performed in accord-
ance with the import licence.

Article 2

The import licence(s) shall be issued and import shall take
place by 30 September 2000 at the latest. However, Rica and
Free Trade may release into free circulation in the Community's
customs territory, within the limits of 2 731 and 2 264 tonnes
respectively, any sugar delivered to them free on board prior to
30 September 2000.

Article 3

Rica and Free Trade may no longer submit any applications for
import licences under Regulation (EC) No 465/2000.

Article 4

Council Regulation (EEC) No 2913/92 (3) shall apply provided
its provisions are not in conflict with the other provisions of
this Decision.

Article 5

This Decision is addressed to the Member States, Rica Foods
(Free Zone) NV, Frankrijkstraat Z-N, Warehouse 3.2 en 3.3,
Oranjestad, Aruba D.W.I. and Free Trade Foods NV, Brievengat
1-4, Curaçao, Nederlandse Antillen.

Done at Brussels, 8 August 2000.

For the Commission

Pedro SOLBES MIRA

Member of the Commission

(1) OJ L 56, 1.3.2000, p. 39.

(2) OJ L 331, 2.12.1988, p. 1.
(3) OJ L 302, 19.10.1992, p. 1.