CELEX: 31992R3476
Language: en
Date: 1992-12-02 00:00:00
Title: Commission Regulation (EEC) No 3476/92 of 26 November 1992 opening individual sales by invitation to tender for the export of vinous alcohol held by intervention agencies

2. 12. 92                               Official Journal of the European Communities                              No L 351 /9
                                      COMMISSION REGULATION (EEC) No 3476/92
                                                    of 26 November 1992
                  opening individual sales by invitation to tender (or the export of vinous alcohol
                                                held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas the measures provided for in this Regulation are
                                                                   in accordance with the opinion of the Management
Having regard to the Treaty establishing the European              Committee for Wine,
Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of             HAS ADOPTED THIS REGULATION :
16 March 1987 on the common organization of the
market in wine ('), as last amended by Regulation (EEC)
No 1756/92 (2),                                                                             Article 1
Having regard to Council Regulation (EEC) No 3877/88               1 . Two individual sales by invitation to tender Nos
of 12 December 1988 laying down general rules for the              88/92 to 89/92 shall be held of a total quantity of 200 000
disposal of alcohol obtained from the distillation                hi of alcohol obtained from distillation as provided for in
operations referred to in Articles 35, 36 and 39 of               Articles 35, 36 and 39 of Regulation (EEC) No 822/87
Regulation (EEC) No 822/87 and held by intervention               and held by the Italian and French intervention agencies.
agencies (3),                                                     Each of the individual invitations to tender Nos 88/92
                                                                  and 89/92 shall cover 100 000 hi of alcohol at 100 % vol.
Whereas Commission Regulation (EEC) No 1780/89 (4),
as last amended by Regulation (EEC) No 2864/92 (*), lays          2.     The alcohol offered for sale :
down detailed rules for the disposal of alcohol obtained
from distillation as provided for in Articles 35, 36 and 39       — shall be for export to outside the European Economic
of Regulation (EEC) No 822/87 and held by intervention                 Community,
agencies ;                                                        — must be imported into and dehydrated in one of the
                                                                       following third countries :
Whereas, in view of the cost of storing alcohol, individual
sales by invitation to tender should be opened for vinous             — St Christopher and Nevis,
alcohol obtained from distillation as provided for in                 — Haiti,
Articles 35, 36 and 39 of Regulation (EEC) No 822/87                  — Bahamas,
and held by the French and Italian intervention agencies ;            — Dominican Republic,
Whereas individual sales by invitation to tender should be            — Antigua and Barbuda,
organized for the export of alcohol to certain third                  — Dominica,
countries for end use as motor fuel ; whereas these                   — British Virgin Islands and Montserrat,
countries should be given an assurance of greater                     — Jamaica,
continuity of supply ;
                                                                      — St Lucia,
Whereas the invitations to tender opened by this                      — St Vincent, including the Northern Grenadines,
Regulation relate to certain third countries where there is           — Barbados,
some guarantee that exports of vinous alcohol will not                — Trinidad and Tobago,
disturb their markets in alcohol and spirituous beverages ;
whereas the amount of and detailed rules for the release              — Grenada, including the Southern Grenadines,
of the performance security may be adapted accordingly ;              — Aruba,
                                                                      — Netherlands       Antilles :  Curasao,    Bonaire,   St
Whereas sales should be organized separately for dispatch                  Eustace, Saba and the southern part of St Martin,
to certain countries in Central America and to Caribbean
                                                                      — Guyana,
countries covered by the Caribbean Basin Initiative, in
particular to take account of certain extra costs resulting           — Virgin Islands of the United States,
from the difference in distance and the possibilities of          — must be used only as motor fuel.
securing onward or return freight in the countries
concerned by the countries concerned by the Caribbean
Basin Initiative :                                                                          Article 2
                                                                  The     location  and   reference  numbers     of  the   vats
(') OJ  No  L 84, 27. 3. 1987, p. 1 .                             concerned, the quantity of alcohol contained in each vat,
0   OJ  No  L 180, 1 . 7. 1992, p. 27.                            the alcoholic strength and the characteristics of the
(3) OJ  No  L 346, 15. 12. 1988, p. 7.
(4) OJ  No  L 178, 24. 6. 1989, p. 1 .                            alcohol shall be specified in the notices of individual
to OT No L 286. 1 . 10. 1992. o. 48 .                             invitation to tender Nos 88/92 to 89/92.
 ---pagebreak--- No L 351 / 10                          Official Journal of the European Communities                                2. 12. 92
                         Article 3                               who has undertaken to dehydrate the alcohol awarded in
                                                                 one of these countries and to export it for use solely in
The sales shall take place in accordance with Regulation         the motor fuel sector.
(EEC) No 1780/89, and in particular Articles 10 to 17 and
29 to 38 thereof.                                                                          Article 4
However :
                                                                 The specific conditions applying to the two individual
— one half of the performance security shall be released         sales by invitation to tender and the names and addresses
    by the intervention agency holding the alcohol on            of the intervention agency concerned shall be given in
    removal of the quantity concerned from the agency's          the notices of individual invitation to tender Nos 88/92 to
    stores when the successful tenderer furnishes proof          89/92 and published in the Official Journal of the
    that that quantity has been placed under customs             European Communities.
    supervision in the territory of one of the third
    countries listed in Article 1 (2),                                                     Article 5
— the remainder of the performance security shall be             By way of derogation from Article 14 of Regulation (EEC)
    released in accordance with Article 33 (3) (b) of            No 1780/89, the closing date laid down in notices of
    Regulation (EEC) No 1780/89.                                 invitation  to   tender  Nos    88/92   to  89/92  for the
                                                                 submission of tenders shall be the tenth day following the
In addition, to be admissible, tenders must indicate the         date of publication of notices of individual sale by
place where end use of the alcohol awarded is to take            invitation to tender.
place and must include an undertaking by the tenderer to
the effect that the alcohol will be sent to that destination
                                                                                           Article 6
and used for that purpose. Tenders must also include a
statement by the tenderer to the effect that he has              This Regulation shall enter into force on the day of its
binding commitments with an operator in the motor fuel           publication in the Official Journal of the European
sector in one of the third countries listed in Article 1 (2)     Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 26 November 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                      Member of the Commission