Commission Regulation (EEC) No 2864/92 of 30 September 1992 amending Regulation (EEC) No 1780/89 laying down detailed rules for the disposal of alcohol obtained from the distillation operations referred to in Articles 35, 36 und 39 of Council Regulation (EEC) No 822/87 and held by intervention agencies

COMMISSION REGULATION (EEC) No 2864/92  of 30 September 1992  amending Regulation (EEC) No 1780/89 laying down detailed rules for the disposal of alcohol obtained from the distillation operations referred to in Articles 35, 36 and 39 of Council  Regulation (EEC) No 822/87 and held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1756/92 (2), and in particular Article 37 (2) and Article 40 (5) thereof,
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 operations referred to in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 and held by  intervention agencies (3), and in particular Article 3 thereof,
Whereas Commission Regulation (EEC) No 1780/89 (4), as last amended by Regulation (EEC) No 3776/91 (5), sets detailed rules for the disposal of alcohol obtained from distillation as indicated in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 held  by intervention agencies; whereas to give more flexibility as regards proposals for substitution, the possibility should be introduced of proposing a substitute quantity of alcohol in storage at another location, preferably nearby, other than that  specified in the invitation to tender;
Whereas it should be made clear that the tenderer's statement waiving all claims in respect of the quality and characteristics of the alcohol awarded to him does not extend to hidden impurities that by their nature could not be detected by him  beforehand and make it unfit for the use intended;
Whereas the text of the third subparagraph of Article 36 (1) of Regulation (EEC) No 1780/89 should be amended with the aim of specifying that checks on the alcohol awarded may be made less frequently where the alcohol has been denatured;
Whereas tenderers should be made responsible for the cost of analysis and surveillance required to ensure that Community provisions the destination and use of vinous alcohol are respected;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,