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)

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) 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 (hereinafter referred to as "Emesa") v Commission of the European Communities) suspending the application, as regards Emesa, of Article 108b of Council Decision 91/482/EEC on the association of the overseas countries and territories with the European Economic Community(1), as last amended by Decision 97/803/EC(2) (hereinafter referred to as the "OCT Decision"), 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 qualifying as ACP/OCT originating products(3), and of the Commission Decision of 23 December 1997 (VI/51329)(4), (hereinafter referred to as the "Order").
(2) The Order authorised Emesa until 31 October 1999 to import ground sugar originating in the OCTs in accordance 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 requirements and restrictions.
(3) In order to enable Emesa to carry out the transactions for which it was authorised under the Order, the 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).
(4) 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 delivered a new Order (hereinafter referred to as the "second 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,