CELEX: 31992R1169
Language: en
Date: 1992-05-07 00:00:00
Title: Commission Regulation (EEC) No 1169/92 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 122/25
                                     COMMISSION REGULATION (EEC) No 1169/92
                                                        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,                       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)
                                                                                            Article 1
No 1734/91 (2),
                                                                   1 . Two individual sales by invitation to tender Nos
Having regard to Council Regulation (EEC) No 3877/88               80/92 to 81 /92 shall be held of a total quantity of 100 000
of 12 December 1988 laying down general rules for the              hectolitres   of alcohol   obtained    from  distillation   as
disposal of alcohol obtained from the distillation
operations referred to in Articles 35, 36 and 39 of                provided for in Articles 35, 36 and 39 of Regulation (EEC)
Regulation (EEC) No 822/87 and held by intervention                No 822/87 and held by the Italian intervention agency.
agencies (3),                                                      Each of the individual invitations to tender Nos 80/92
                                                                   and 81 /92 shall cover 50 000 hi of alcohol at 100 % vol .
Whereas Commission Regulation (EEC) No 1780/89 (4),
as last amended by Regulation (EEC) No 3776/91 (*), 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 Spanish and Italian intervention                       — Dominican Republic,
agencies ;
                                                                       — Costa Rica,
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
continuity of supply ;                                                 — Jamaica,
                                                                       — 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,
                                                                       — 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
countries covered by the Caribbean Basin Initiative, in                — Guyana,
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 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
O OJ No L 356, 24. 12. 1991 , p. 43 .                              invitation to tender Nos 80/92 to 81 /92.
 ---pagebreak--- No L 122/26                             Official Journal of the European Communities                                 7. 5. 92
                         Article 3                                sector in one of the third countries listed in Article 1 (2)
                                                                  who has undertaken to dehydrate the alcohol awarded in
The sales shall take place in accordance with Regulation          one of these countries and to export it for use solely in
(EEC) No 1780/89, and in particular Articles 10 to 17 and         the motor fuel sector.
29 to 38 thereof.
                                                                                            Article 4
However :
— one half of the performance security shall be released          The specific conditions applying to the two 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 agency concerned shall be given in
    stores when the successful tenderer furnishes proof           the notices of individual invitation to tender Nos 80/92 to
    that that quantity has been placed under customs              81 /92 and published in the Official Journal of the
    supervision in the territory of one of the third               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 27 May 1992.
place where end use of the alcohol awarded is to take
place and must include an undertaking by the tenderer to                                    Article 6
the effect that the alcohol will be sent to that destination
and used for that purpose. Tenders must also include a            This Regulation shall enter into force on the day of its
statement by the tenderer to the effect that he has               publication in the Official Journal of the European
binding commitments with an operator in the motor fuel             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