CELEX: 31992R1168
Language: en
Date: 1992-05-07
Title: Commission Regulation (EEC) No 1168/92 of 6 May 1992 opening individual sales by invitation to tender for the export of vinous alcohol held by intervention agencies

7. 5. 92                                  Official Journal of the European Communities                           No L 122/23
                                       COMMISSION REGULATION (EEC) No 1168/92
                                                          of 6 May 1992
                   opening individual sales by invitation to tender for the export of vinous alcohol
                                                  held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS REGULATION :
 Having regard to the Treaty establishing the European
 Economic Community,                                                                          Article 1
 Having regard to Council Regulation (EEC) No 822/87 of              1 . Two individual sales by invitation to tender Nos
 16 March 1987 on the common organization of the                    78/92 to 79/92 shall be held of a total quantity of 100 000
market in wine ('), as last amended by Regulation (EEC)              hectolitres   of alcohol   obtained    from distillation   as
 No 1734/91 (2),                                                     provided for in Articles 35, 36 and 39 of Regulation (EEC)
 Having regard to Council Regulation (EEC) No 3877/88                No 822/87 and held by the Spanish intervention agency.
 of 12 December 1988 laying down general rules for the
                                                                     Each of the individual invitations to tender Nos 78/92
 disposal of alcohol obtained from the distillation
                                                                    and 79/92 shall cover 50 000 hi of alcohol at 100 % vol.
 operations referred to in Articles 35, 36 and 39 of
 Regulation (EEC) No 822/87 and held by intervention                2.     The alcohol offered for sale :
 agencies (3),
Whereas Commission Regulation (EEC) No 1780/89 (4),                 — shall be for export to outside the European Economic
                                                                         Community,
 as last amended by Regulation (EEC) No 3776/91 (*), lays
 down detailed rules for the disposal of alcohol obtained           — must be imported into and dehydrated in one of the
 from distillation as provided for in Articles 35, 36 and 39             following third countries :
 of Regulation (EEC) No 822/87 and held by intervention
 agencies ;                                                              — Guatemala,
                                                                         — Belize,
Whereas, in view of the cost of storing alcohol, individual
 sales by invitation to tender should be opened for vinous               — Honduras, including the Swan Islands,
 alcohol obtained from distillation as provided for in                   — El Salvador,
Articles 35, 36 and 39 of Regulation (EEC) No 822/87                     — Costa Rica,
and held by the Spanish intervention agency ;
                                                                    — must be used only as motor fuel.
Whereas individual sales by invitation to tender should be
organized for the export of alcohol to certain third
countries for end use as motor fuel ; whereas these                                           Article 2
countries should be given an assurance of greater
continuity of supply ;                                              The     location   and  reference   numbers   of    the   vats
                                                                    concerned, the quantity of alcohol contained in each vat,
Whereas the invitations to tender opened by this                    the alcoholic strength and the characteristics of the
Regulation relate to certain third countries where there is         alcohol shall be specified in the notices of individual
some guarantee that exports of vinous alcohol will not              invitation to tender Nos 78/92 to 79/92.
disturb their markets in alcohol and spirituous beverages ;
whereas the amount of and detailed rules for the release
of the performance security may be adapted accordingly ;                                      Article 3
Wheras sales should be organized separately for dispatch            The sales shall take place in accordance with Regulation
to certain countries in Central America and to Caribbean
                                                                    (EEC) No 1780/89, and in particular Articles 10 to 17 and
countries covered by the Caribbean Basin Initiative, in             29 to 38 thereof.
particular to take account of certain extra costs resulting
from the difference in distance and the possibilities of            However :
securing onward or return freight in the countries
concerned by the Caribbean Basin Initiative ;                       — one half of the performance security shall be released
                                                                         by the intervention agency holding the alcohol on
Whereas the measures provided for in this Regulation are                 removal of the quantity concerned from the agency's
in accordance with the opinion of the Management                         stores when the successful tenderer furnishes proof
Committee for Wine,                                                      that that quantity has been placed under customs
                                                                         supervision in the territory of one of the third
(') OJ  No  L  84, 27. 3. 1987, p. 1 .                                   countries listed in Article 1 (2),
0   OJ  No  L  163, 26. 6. 1991 , p. 6.
(3) OJ  No  L  346, 15. 12. 1988, p. 7.                             — the remainder of the performance security shall be
0   OJ  No  L  178, 24. 6. 1989, p. 1 .                                  released in accordance with Article 33 (3) (b) of
0   OJ  No  L  356, 24. 12. 1991 , p. 43.                                Regulation (EEC) No 1780/89.
 ---pagebreak--- No L 122/24                           Official Journal of the European Communities                                 7. 5. 92
In addition, to be admissible, tenders must indicate the        notices of individual invitation to tender Nos 78/92 to
place where end use of the alcohol awarded is to take           79/92 and published in the Official Journal of the
place and must include an undertaking by the tenderer to         European Communities.
the effect that the alcohol will be sent to that destination
and used for that purpose. Tenders must also include a
statement by the tenderer to the effect that he has                                      Article 5
binding commitments with an operator in the motor fuel
sector in one of the third countries listed in Article 1 (2)    The deadline for the submission of tenders, which must
who has undertaken to dehydrate the alcohol awarded in          be sent to the address given in the notices of invitation to
one of these countries and to export it for use solely in       tender, shall be 12 noon (Brussels time) on 27 May 1992.
the motor fuel sector.
                          Article 4                                                      Article 6
The specific conditions applying to the two individual          This Regulation shall enter into force on the day of its
sales by invitation to tender and the name and address of        publication in the Official Journal of the European
the intervention agency concerned shall be given in the          Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 6 May 1992.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission