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 period 1 May to 31 October 1999, 7500 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 import licence. The competent authorities in the 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 accordance 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 circulation 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 judgment in Case C-17/98, that Article 108b of Decision 91/482/EEC is void.