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 7500 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 provisions 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).
In addition to the security provided for in the last subparagraph 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 European Communities declares, in its judgment in Case C-17/98, that Article 108b of Decision 91/482/EEC is void.