Commission Regulation (EC) No 416/96 of 7 March 1996 amending Regulation (EEC) No 2710/93 concerning certain special sales by tender of vinous alcohol held by intervention agencies, for use as motor fuel within the Community

COMMISSION REGULATION (EC) No 416/96 of 7 March 1996 amending Regulation (EEC) No 2710/93 concerning certain special sales by tender of vinous alcohol held by intervention agencies, for use as motor fuel within the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EEC) No 377/93 of 12 February 1993 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 (1), as last amended by Regulation (EC) No 3152/94 (2), and in particular Article 19 thereof,
Having regard to Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (3), as last amended by Regulation (EEC) No 3403/93 (4), and in particular Article 30 thereof,
Whereas Commission Regulation (EEC) No 2710/93 (5) cancelled the special sales by tender Nos 7/90 EEC and 8/90 EEC opened by Commission Regulations (EEC) No 3389/90 (6) and (EEC) No 3390/90 (7), in respect of the lots of alcohol not taken out of intervention storage and also provided that the use of alcohol from the first lot under special sale by tender No 7/90 EEC and from the first two lots under special sale by tender No 8/90 EEC must cease within two years from 1 October 1993 save in cases of force majeure;
Whereas failure to meet the deadline of 1 October 1995 for the effective use of the alcohol concerned is likely under the conditions of the invitation to tender arising from the provisions of Regulation (EEC) No 2220/85, to entail the gradual and total forfeiture of the performance guarantee of ECU 90/hl without the total amount of the alcohol awarded having been used for the purposes planned; whereas the deadline should be extended; whereas, moreover, the effects of the present rules on forfeiture as they affect securities, as laid down in Regulation (EEC) No 2220/85 should be made more gradual in order to ensure compliance with one of the main requirements for these invitations to tender, namely the effective use of the alcohol awarded as motor fuel within the Community;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,