1993R2710 — EN — 01.10.1993 — 000.001 — 1
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►B COMMISSION REGULATION (EEC) No 2710/93
of 30 September 1993
concerningcertainspecialsalesbytenderofvinousalcoholheldbyinterventionagencies,foruse
as motor fuel within the Community
(OJ L 245, 1.10.1993, p. 131)
Corrected by:
►C1Corrigendum, OJ L 265, 26.10.1993, p. 48(2710/93)
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▼B
COMMISSION REGULATION (EEC) No 2710/93
of 30 September 1993
concerningcertainspecialsalesbytenderofvinousalcoholheldby
intervention agencies, for use as motor fuel within the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 822/87 of 16 March
1987 on the common organization of the market in wine (
1), as last
amended by Regulation (EEC) No 1566/93 (2),
Having regard to Council Regulation (EEC) No 3877/88 of 12
December 1988 laying down general rules for the disposal of alcoholobtained from the distillation operations referred to in Articles 35, 36and 39 of Regulation (EEC) No 822/87 and held by intervention agen-cies(
3), and in particular Articles 1 and 3 thereof,
Whereas Commission Regulation (EEC) No 377/93 (4), as amended by
Regulation (EEC) No 2192/93 (5), lays down detailed rules for the
disposal of alcohol obtained from the distillation operations referred toin Articles 35, 36 and 39 of Regulation (EEC) No 822/87 and held byintervention agencies;
Whereas Commission Regulation (EEC) No 3389/90 (
6) and (EEC) No
3390/90 (7)opening special sales by tender of vinus alcohol held by
intervention agencies, for use as motor fuel within the Community, putup for sale by tender Nos 7/90 and 8/90 EC respectively 4 800 000hectolitres of alcohol expressed in terms of hectolitres of alcohol at 100% vol;
Whereas the successful tenderers, following the sale of a limited
quantity of processed alcohol, have experienced serious and persistentdifficulty in the disposal of such a volume of alcohol on the fuel marketwithin the Community, due in particular to developments in substitutionfuels manufactured from agricultural raw materials;
Whereas, in order to enable that alcohol to be used as intended under
the Community rules and to avoid any disruption whatsoever to theCommunity market for alcohols and spirituous beverages in the case inquestion, taking into account the volume of alcohol awarded and thesensitivity of the sale markets other than the fuel market, it is necessaryto reduce the quantities of alcohol to be used for the purposes specifiedand to cancel the sales by tender in respect of the lots of alcohol nottaken out of intervention storage;
Whereas the performance guarantee in respect of alcohol lots still to be
used for the purposes specified should be released only when the entirequantity of the alcohol in the lots concerned has been used in the fuelsector within the Community; whereas, in the current special circum-stances, this obligation seeks to ensure the take over of all the quantitiesin question and their disposal, taking account of the sensitivity of thealcohol markets and in particular the fragility of the market for non-traditional substitution fuels;
Whereas provision should also be made for the transportation and
processing of the alcohol sold as well as the final utilization of thefinisched product to be monitored in order to ensure that the alcohol isactually used in a manner not likely to disrupt the alcohol market;
(1) OJ No L 84, 27. 3. 1987, p. 1.
(2) OJ No L 154, 25. 6. 1993, p. 39.
(3) OJ No L 346, 15. 12. 1988, p. 7.
(4) OJ No L 43, 20. 2. 1993, p. 6.
(5) OJ No L 196, 5. 8. 1993, p. 19.
(6) OJ No L 327, 27. 11. 1990, p. 19.
(7) OJ No L 327, 27. 11. 1990, p. 21.
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Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
1. Notwithstanding Article 1 of Regulation (EEC) No 3389/90, the
first lot only under special sale by tender No 7/90 EC, consisting of640 000 hectolitres of alcohol at 100 % vol, must be used as motor fuelwithin the Community. The processing of the alcohol for this purposemust take place also within the Community.
2. Notwithstanding Article 1 of Regulation (EEC) No 3390/90, the
first two lots only under special sale by tender No 8/90 EC, consistingof a total quantity of 640 000 hectolitres of alcohol at 100 % vol, mustbe used as motor fuel within the Community. The processing of thealcohol for this purpose must take place also within the Community.
Article 2
Notwithstanding Articles 3 and 4 of Regulations (EEC) No 3389/90 and
(EEC) No 3390/90, the use as motor fuel of alocohol from the first lotunder special sale by tender No 7/90 EC and from the first two lotsunder special sale by tender No 8/90 EC must cease, save in cases offorce majeure, within two years of the entry into force of this Regula-
tion.
Article 3
Notwithstanding Article 27 of Commission Regulation (EEC) No 2220/
85(
1) the performance guarantee provided for in Article 34 of Regula-
tion (EEC) No 377/93 concerning the first lot under special sale by►
C1tender No 7/90 EC and the first two lots under special sale by
tender No 8/90 EC shall be released ◄by the intervention agency
concerned when all the alcohol from the first lot under special sale bytender No 7/90 EC and from the first two lots under special sale bytender No 8/90 EC has been used as motor fuel within the Community.
Article 4
Without prejudice to the special provisions laid down under Community
rules, the control measures concerning the alcohol referred to in Article1 (1) and (2) shall comprise:
— the national control measures laid down pursuant to Article 37 of
Regulation (EEC) No 377/93. The controls shall consist at least ofchecks equivalent to those used to monitor home-produced alcoholand petroleum products when the alcohol has been processed intofuel, notably at the stage or production, marketing or final use,
— an additional check carried out by an international monitoring firm.
The latter shall carry out checks in particular when the processed orunprocessed alcohol is being transported between a number ofMember States and shall verify that it is not being exported to athird country. This check shall entail the taking of samples atvarious stages so that the nature of the alcohol being transported canbe analysed. The costs in question shall be borne by the successfultenderer,
— the following specific measures:
— denaturing of the alcohol in the manner determined by the
Commission in agreement with the intervention agencyconcerned,
— determination, under the supervision of the competent
monitoring authority, of the volume of spirits distilled from wine
(1) OJ No L 205, 3. 8. 1985, p. 5.
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used for manufacture of the finished product accepted by the
Commission,
— a check on the final use of the finished product in the
Community by the competent monitoring authority in accord-ance with the national rules concerned; th e T 5 control copy or
the control document equivalent to th e T 5 control copy
provided for in Commission Regulation (EEC) No 2823/87 (
1)
drawn up by the competent monitoring authority may beendorsed only after the excise duty on the finished productcontaining the spirits distilled from wine has been collecte andcan no longer be reimbursed,
— where a type of fuel is not subject to excise duty in a Member
State, the T 5 control copy or the equivalent control document
shall be endorsed only where the successful tenderer hasfulfilled the fiscal requirements regarding this type of fuel in theMember State in which final use is made and where proof ofsale on the Community market is furnished.
Article 5
The performance guarantee regarding the alcohol referred to in Article 1
of this Regulation shall be released subject in particular to:
— presentation of a report by the international monitoring firm. This
report shall cover verification of the quantity of alcohol transported,an evaluation of any alcohol loss and statements concerning thedenaturing and processing of the alcohol. The intervention agencyholding the guarantee shall verify the reliability of the report andtransmit to the Commission, at quarterly intervals, a declaration ofthe alcohol used,
— the outcome of the analysis, carried out by nuclear magnetic reso-
nance, of the alcohol for which the Commission and/or thecompetent control authority prescribes such analysis in order toverify the nature of the alcohol,
— presentation of th e T 5 control copy or the control document equiva-
lent to th e T 5 control copy provided for in Regulation (EEC) No
2823/87, endorsed by the competent control authority of theMember State in which final use took place, attesting that the spiritydistilled from wine were used for the specified purposes within theCommunity.
Article 6
1. Special sales by tender Nos 7 and 8/90 EC are hereby cancelled in
respect of the lots of alcohol not taken out of intervention storage.
2. The performance guarantee of ECU 90 per hectolitre of alcohol at
100 % vol established in accordance with Regulations (EEC) No 3389/90 and (EEC) No 3390/90 in respect of these lots of alcohol shall bereleased by the intervention agency concerned.
Article 7
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ No L 270, 23. 9. 1987, p. 1.