CELEX: 31991R3135
Language: en
Date: 1991-10-29 00:00:00
Title: Commission Regulation (EEC) No 3135/91 of 24 October 1991 opening individual sales by invitation to tender for the export of vinous alcohol held by intervention agencies

No L 297/ 10                            Official Journal of the European Communities                                29. 10 . 91
                                       COMMISSION REGULATION (EEC) No 3135/91
                                                      of 24 October 1991
                   opening individual sales by invitation to tender for the export of vinous alcohol
                                                 held by intervention agencies
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        hectolitres  of alcohol    obtained  from   distillation   as
                                                                    provided for in Articles 35, 36 and 39 of Regulation (EEC)
 Having regard to the Treaty establishing the European              No 822/87 and held by the Spanish and French
 Economic Community,                                                intervention agencies.
 Having regard to Council Regulation (EEC) No 822/87 of
 16 March 1987 on the common organization of the                    Each of three individual invitaions to terder shall cover
 market in wine ('), as last amended by Regulation (EEC)            75 000 hi of alcolhol at 100 % vol .
 No 1734/91 (2),
                                                                    2.    The alcohol offered for sale :
 Having regard to Council Regulation (EEC) No 3877/88
 of 12 December 1988 laying down general rules for the             — shall be for export to outside the European Economic
 disposal of alcohol obtained from the distillation                     Community,
 operations referred to in Articles 35, 36 and 39 of
 Regulation (EEC) No 822/87 and held by intervention               — must be imported into and dehydrated in one of the
 agencies (3),                                                          following third countries :
 Whereas Commission Regulation (EEC) No 1780/89 (4),                    — Guatemala,
 as last amended by Regulation (EEC) No 270/91 (0, lays                 — Belize,
 down detailed rules for the disposal of alcohol obtained
 from distillation as provided for in Articles 35, 36 and 39            — Honduras, including the Swan Islands,
 of Regulation (EEC) No 822/87 and held by intervention                 — El Salvador,
 agencies ;                                                             — Costa Rica,
 Whereas, in view of the cost of storing alcohol, individual            — St Christopher and Nevis,
 sales by invitation to tender should be opened for vinous              — Haiti,
 alcohol obtained from distillation as provided for in
 Articles 35, 36 and 39 of Regulation (EEC) No 822/87                   — Bahamas,
 and held by the Spanish and French intervention                        — Dominican Republic,
 agencies ;
                                                                        — Antigua and Barbuda,
Whereas individual sales by invitation to tender should be              — Dominica,
 organized for the export of alcohol to certain third
 countries for end use as motor fuel ; whereas these                    — British Virgin Islands and Montserrat,
 countries should be given an assurance of greated                      — 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
disturb their markets in alcohol and spirituous beverages ;             — Trinidad and Tobago,
whereas the amount of and detailed rules for the release
                                                                        — Grenada, including the Southern Grenadines,
of the performance security may be adapted accordingly ;
                                                                        — Aruba,
Whereas the measures provided for in this Regulation are                — Netherlands Antilles : Curaçao, Bonaire, St
in accordance with the opinion of the Management                            Eustace, Saba and the southern part of St Martin,
Committee for Wine,
                                                                        — Guyana,
HAS ADOPTED THIS REGULATION :
                                                                        — Virgin Islands of the United States,
                                                                   — must be used only as motor fuel.
                            Article 1
 1 . Three individual sales by invitation to tender Nos                                      Article 2
72/91 to 74/91 shall be held of a total quantity of 225 000
                                                                   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,
(2) OJ  No  L  163, 26. 6. 1991 , p. 6.                            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
0   OJ  No  L  28, 2. 2. 1991 , p. 23.                             invitation to tender Nos 72/91 to 74/91 .
 ---pagebreak--- 29 . 10 . 91                            Official Journal of the European Communities                            No L 297/ 11
                          Article 3                               one of these countries and to export it for use solely in
                                                                  the motor fuel sector.
The sales shall take place in accordance with Regulation
(EEC) No 1780/89, and in particular Articles 10 to 17 and
29 to 38 thereof.                                                                           Article 4
However :
— one half of the performance security shall be released          The specific conditions applying to the three individual
    by the intervention agency holding the alcohol on             sales by invitation to tender and the names and addresses
     removal of the quantity concerned from the agency's          of the intervention agencies concerned shall be given in
     stores when the successful tenderer furnishes proof          the notices of individual invitation to tender Nos 72/91 to
     that that quantity has been placed under customs             74/91 and published in the 'C' series of the Official
     supervision in the territory of one of the third             Journal of the European Communities.
     countries listed in Article 1 (2),
— the remainder of the performance security shall be                                        Article 5
     released in accordance with Article 33 (3) (b) of
     Regulation (EEC) No 1780/89.                                 The deadline for the submission of tenders, which must
                                                                  be sent to the address given in the notices of invitation to
In addition, to be admissible, tenders must indicate the
                                                                  tender, shall be 12 noon (Brussels time) on 19 November
place where end use of the alcohol awarded is to take             1991 .
place and must include an undertaking by the tenderer to
the effect that the alcohol will be sent to that destination
and used for that purpose. Tenders must also include a                                      Article 6
statement by the tenderer to the effect that he has
binding commitments with an operator in the motor fuel            This Regulation shall enter into force on the day of its
sector in one of the third countries listed in Article 1 (2)      publication in the Official Journal of the European
who has undertaken to dehydrate the alcohol awarded in            Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 24 October 1991 .
                                                                           For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission