CELEX: 31992R2953
Language: en
Date: 1992-10-13 00:00:00
Title: Commission Regulation (EEC) No 2953/92 of 12 October 1992 on the sale by tender for supply to Madeira of alcohol of vinous origin for the manufacture of Madeira liqueur wines

13 . 10. 92                             Official Journal of the European Communities                            No L 296/ 17
                                     COMMISSION REGULATION (EEC) No 2953/92
                                                     of 12 October 1992
                  on the sale by tender for supply to Madeira of alcohol of vinous origin for the
                                          manufacture of Madeira liqueur wines
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        on the value of the unit of account and the conversion
                                                                   rates to be applied for the purposes of the common agri­
                                                                   cultural policy ("), as last amended by Regulation (EEC)
Having regard to the Treaty establishing the European              No 3237/90 (9), should be used ;
Economic Community,
                                                                  Whereas it should also be laid down that the Member
                                                                   States concerned must take all steps necessary to ensure
Having regard to Council Regulation (EEC) No 1600/92               compliance with the Community provisions applicable,
of 15 June 1992 concerning specific measures for the               especially as regards the destination and use of the
Azores and Madeira relating to certain agricultural                alcohol offered for sale, and that the Member States must
products ('), and in particular Article 23 thereof,                inform the Commission of the monitoring measures
                                                                   planned before these are put into operation ;
Having regard to Council Regulation (EEC) No 1676/85              Whereas the measures provided for in this Regulation are
of 11 June 1985 on the value of the unit of account and            in accordance with the opinion of the Management
the conversion rates to be applied for the purposes of the         Committee for Wine,
common agricultural policy (2), as last amended by Regu­
lation (EEC) No 2205/90 (3), and in particular Article 2 (4)
thereof,
                                                                   HAS ADOPTED THIS REGULATION :
Whereas tenders should be invited for the supply of 4 000
hectolitres of alcohol to Madeira in order to cover current
supply requirements for the manufacture of Madeira
liqueur wines in 1992/93, pursuant to the specific                                            Article 1
measures provided for in Regulation (EEC) No 1600/92
for the Azores and Madeira ;                                       Tenders shall be invited for the supply of 4 000 hectoli­
                                                                   tres of neutral spirit of vinous origin at 100 % vol, held
                                                                   by the intervention agencies, to Madeira for use in the
Whereas Commission Regulation (EEC) No 1780/89 (4),                manufacture of Madeira liqueur wines in accordance with
as last amended by Regulation (EEC) No 2864/92 (5), lays           traditional methods.
down detailed rules for the disposal of alcohol obtained
from the distillation operations referred to in Articles 35,       Supply shall involve the purchase of neutral spirit held
36 and 39 of Council Regulation (EEC) No 822/87 (6), as            following Community intervention measures and its deli­
last amended by Regulation (EEC) No 1756/92 Q, and                 very to Madeira.
held by intervention agencies ; whereas the system of
securities provided for in Regulation (EEC) No 1780/89
should be made applicable, to ensure that the sale by
tender is effective and that the alcohol is actually used for                                 Article 2
the purposes envisaged so as not to disturb the markets in
alcohol and spirit drinks in the Community ;                       1 . Articles 20, 21 , 22 and 23 (3) and Title IV of Regula­
                                                                   tion (EEC) No 1780/89 shall apply.
Whereas, for the payment of the tender and the lodging
of securities, and in order to avoid market distortions of         2. Depending on the tenders submitted, a decision
monetary origin, the representative market rates referred          shall be taken, in accordance with the procedure laid
to in Article 3a of Commission Regulation (EEC)                    down in Article 23 of Regulation (EEC) No 1 600/92 :
No 3152/85 of 11 November 1985 laying down detailed
rules for the application of Regulation (EEC) No 1676/85           — either to award the supply to the tender with the
                                                                       highest amount in ecus per hectolitre of alcohol ;
                                                                       where two tenders indicate the same amount, the
(') OJ  No  L 173, 27. 6. 1992, p. 1 .                                 supply shall be awared by drawing lots,
0   OJ  No  L 164, 24. 6. 1985, p. 1 .
0   OJ  No  L 201 , 31 . 7. 1990, p. 9.                           — or not to accept any of the tenders.
(4) OJ  No  L 178 , 24. 6. 1989, p. 1 .
0   OJ  No  L 286, 1 . 10. 1992, p. 48.
(6) OJ  No  L 84, 27. 3. 1987, p. 1 .                             (") OJ No L 310, 21 . 11 . 1985, p. 1 .
0   OJ  No  L 180, 1 . 7. 1992, p. 27.                            O OJ No L 310, 9. 11 . 1990, p. 18.
 ---pagebreak--- No L 296/ 18                           Official Journal of the European Communities                                 13. 10 . 92
3. In making the decision referred to in paragraph 2,                                      Article 6
account shall be taken in particular of :
                                                                 1.     Removal    of the alcohol    from    the intervention
— the prices applied by the intervention agencies when           agency's stores must be completed three months after the
    the alcohol was purchased,                                   date on which the Commission's decision awarding the
— the various costs associated with the supply in ques­          alcohol is received.
    tion,
— the need not to disturb the markets in alcohol and             2. Use of the alcohol must be completed within one
    spirit drinks in the Community.                              year from the date on which the last of the alcohol
                                                                 awarded was removed from store, except in the event of
                                                                 force majeure.
                         Article 3
                                                                 3. The competent agency shall release the performance
                                                                 guarantee when the successful tenderer supplies it, in
1.    The specific conditions of this sale by tender, and in     respect of the quantity removed in his case, with the
particular the following :                                       proof required for this purpose in Title V of Regulation
                                                                 (EEC) No 2220/85 (').
— name and address of the intervention agency,
— location and reference particulars of the storage vats,        4. The proof that the alcohol has been used for the
— volume, alcoholic strength and characteristics of the           intended purposes shall be supplied in the form of a
    alcohol in each vat,                                         summary of the sales invoices, certified as correct by the
— address for the submission of tenders,
                                                                 competent agency on presentation of the said invoices.
— amounts of the tendering security and the perfor­              The sales invoices must state the name and status of the
    mance guarantee,                                              purchaser, contain the obligation that the alcohol is to be
                                                                  used in accordance with Article 1 . They must be signed
shall be given in invitation to tender 'Madeira' numbered        jointly by the buyer and the seller.
1 /92, published in the C series of the Official Journal of
the European Communities.
                                                                                           Article 7
2.    The conversion rates to be used for payment of the
tender and for the lodging of securities shall be the repre­
sentative market rates as referred to in Article 3a of Regu­      1 . The alcohol shall be removed on presentation of a
lation (EEC) No 3152/85 valid on the day before publica­          removal order issued by the agency holding the alcohol
tion of the invitation to tender.                                 after the quantity to be removed has been paid for. Such
                                                                  quantity shall be determined to the nearest hectolitre of
                                                                  alcohol at 100 % vol .
                          Article 4
                                                                  2.    Ownership of the alcohol for which a removal order
                                                                  has been issued shall be transferred at the moment of
The deadline for the submission of tenders to the address         issue and the quantities involved shall be regarded as
given in the invitation to tender shall be 12 noon, Brus­         having left on that date. From that time onwards the
sels time, on 29 October 1992.                                    buyer shall bear the risks of theft, loss or destruction and
                                                                  all costs in respect of any alcohol not removed.
                         Article 5                                3.    The removal order shall give the final date on which
                                                                  the alcohol must be removed from the intervention
                                                                  agency's stores.
1 . The competent agency shall keep available to the
successful tenderer an award statement certifying that his
tender has been accepted and that he has been awarded
the supply.                                                                                Article 8
2. Within 20 days of receiving the notification referred
to in Article 23 (3) of Regulation (EEC) No 1780/89, the          This Regulation shall enter into force on the third day
successful tenderer shall supply proof that the competent         following its publication in the Official Journal of the
agency has been provided with the performance guarantee           European Communities.
intended to ensure that all of the alcohol awarded is used
for the purposes specified in the invitation to tender.           (') OJ No L 205, 3. 8. 1985, p. 5.
 ---pagebreak--- 13. 10. 92                    Official Journal of the European Communities                        No L 296/ 19
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 12 October 1992.
                                                                  For the Commission
                                                                   Ray MAC SHARRY
                                                              Member of the Commission