CELEX: 31992R3475
Language: en
Date: 1992-12-02 00:00:00
Title: Commission Regulation (EEC) No 3475/92 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 /7
                                      COMMISSION REGULATION (EEC) No 3475/92
                                                     of 26 November 1992
                  opening individual sales by invitation to tender for the export of vinous alcohol
                                                 held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         particular to take account of certain extra costs resulting
                                                                    from the difference in distance and the possibilities of
                                                                    securing onward or return freight in the countries
Having regard to the Treaty establishing the European               concerned by the Caribbean Basin Initiative ;
Economic Community,
                                                                   Whereas the measures provided for in this Regulation are
Having regard to Council Regulation (EEC) No 822/87 of              in accordance with the opinion of the Management
                                                                    Committee for Wine,
16 March 1987 on the common organization of the
market in wine ('), as last amended by Regulation (EEC)
No 1756/92 (2),
                                                                    HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 3877/88
of 12 December 1988 laying down general rules for the
disposal of alcohol obtained from the distillation oper­                                      Article 1
ations referred to in Articles 35, 36 and 39 of Regulation
(EEC) No 822/87 and held by intervention agencies (3),              1 . Two individual sales by invitation to tender Nos
                                                                   86/92 to 87/92 shall be held of a total quantity of 200 000
                                                                   hi of alcohol obtained from distillation as provided for in
Whereas Commission Regulation (EEC) No 1780/89 (4),                Articles 35, 36 and 39 of Regulation (EEC) No 822/87
as last amended by Regulation (EEC) No 2864/92 (*), lays           and held by the Spanish intervention agency.
down detailed rules for the disposal of alcohol obtained
from distillation as provided for in Articles 35, 36 and 39        Each of the individual invitations to tender Nos 86/92
of Regulation (EEC) No 822/87 and held by intervention             and 87/92 shall cover 100 000 hi of alcohol at 100 % vol.
agencies ;
                                                                   2.     The alcohol offered for sale :
Whereas, in view of the cost of storing alcohol, individual        — shall be for export to outside the European Economic
sales by invitation to tender should be opened for vinous               Community,
alcohol obtained from distillation as provided for in
Articles 35, 36 and 39 of Regulation (EEC) No 822/87               — must be imported into and dehydrated in one of the
and held by the Spanish intervention agency ;                           following third countries :
                                                                        — Guatemala,
Whereas individual sales by invitation to tender should be              — Belize,
organized for the export of alcohol to certain third coun­              — Honduras, including the Swan Islands,
tries for end use as motor fuel ; whereas these countries
should be given an assurance of greater continuity of                   — El Salvador,
supply ;                                                                — Costa Rica,
                                                                   — must be used only as motor fuel.
Whereas the invitations to tender opened by this Regu­
lation relate to certain third countries where there is some
guarantee that exports of vinous alcohol will not disturb                                     Article 2
their markets in alcohol and spirituous beverages ;
whereas the amount of and detailed rules for the release           The     location  and    reference   numbers    of  the   vats
of the performance security may be adapted accordingly ;           concerned, the quantity of alcohol contained in each vat,
                                                                   the alcoholic strength and the characteristics of the
                                                                    alcohol shall be specified in the notices of individual invi­
Whereas sales should be organized separately for dispatch           tation to tender Nos 86/92 to 87/92.
to certain countries in Central America and to Caribbean
countries covered by the Caribbean Basin Initiative, in
                                                                                              Article 3
 (') OJ No  L  84, 27. 3. 1987, p. 1 .
 (2) OJ No  L  180, 1 . 7. 1992, p. 27.                            The sales shall take place in accordance with Regulation
 0   OJ No  L  346, 15. 12. 1988, p. 7.
 0   OJ No  L  178, 24. 6. 1989, p. 1 .                            (EEC) No 1 780/89, and in particular Articles 1 0 to 1 7 and
 0   OJ No  L  286, 1 . 10. 1992, p. 48.                            29 to 38 thereof.
 ---pagebreak--- No L 351 /8                           Official Journal of the European Communities                                  2. 12. 92
However :                                                        the intervention agency concerned shall be given in the
                                                                 notices of individual invitation to tender Nos 86/92 to
— one half of the performance security shall be released
    by the intervention agency holding the alcohol on            87/92 and published in the Official Journal of the Euro­
    removal of the quantity concerned from the agency's          peart Communities.
    stores when the successful tenderer furnishes proof
    that that quantity has been placed under customs
    supervision in the territory of one of the third coun­
    tries listed in Article 1 (2),
— the remainder of the performance security shall be                                       Article 5
    released in accordance with Article 33 (3) (b) of Regu­
    lation (EEC) No 1780/89.
In addition, to be admissible, tenders must indicate the         By way of derogation from Article 14 of Regulation (EEC)
place where end use of the alcohol awarded is to take            No 1780/89, the closing date laid down in notices of invi­
place and must include an undertaking by the tenderer to         tation to tender Nos 86/92 to 87/92 for the submission of
the effect that the alcohol will be sent to that destination     tenders shall be the tenth day following the date of publi­
and used for that purpose. Tenders must also include a           cation of notices of individual sale by invitation to tender.
statement by the tenderer to the effect that he has
binding commitments with an operator in the motor fuel
sector in one of the third countries listed in Article 1 (2)
who has undertaken to dehydrate the alcohol awarded in
one of these countries and to export it for use solely in
the motor fuel sector.                                                                     Article 6
                          Article 4
                                                                 This Regulation shall enter into force on the day of its
The specific conditions applying to the two individual           publication in the Official Journal of the European
sales by invitation to tender and the name and address of        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