31992R1168

7. 5 . 92 No L 122/23 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1168/92 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, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Economic Community, Article 1

Having regard to Council Regulation (EEC) No 822/87 of 1 . Two individual sales by invitation to tender Nos 16 March 1987 on the common organization of the 78/92 to 79/92 shall be held of a total quantity of 100 000 market in wine ('), as last amended by Regulation (EEC) hectolitres of alcohol obtained from distillation as No 1734/91 (2), provided for in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 and held by the Spanish intervention agency. Having regard to Council Regulation (EEC) No 3877/88 of 12 December 1988 laying down general rules for the Each of the individual invitations to tender Nos 78/92 disposal of alcohol obtained from the distillation and 79/92 shall cover 50 000 hi of alcohol at 100 % vol. operations referred to in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 and held by intervention 2. The alcohol offered for sale : agencies (3), — shall be for export to outside the European Economic Whereas Commission Regulation (EEC) No 1780/89 (4), Community, as last amended by Regulation (EEC) No 3776/91 (*), lays down detailed rules for the disposal of alcohol obtained — must be imported into and dehydrated in one of the from distillation as provided for in Articles 35, 36 and 39 following third countries : of Regulation (EEC) No 822/87 and held by intervention — Guatemala, agencies ; — Belize, Whereas, in view of the cost of storing alcohol, individual — Honduras, including the Swan Islands, sales by invitation to tender should be opened for vinous alcohol obtained from distillation as provided for in — El Salvador, Articles 35, 36 and 39 of Regulation (EEC) No 822/87 — Costa Rica, and held by the Spanish intervention agency ; — must be used only as motor fuel. Whereas individual sales by invitation to tender should be organized for the export of alcohol to certain third countries for end use as motor fuel ; whereas these Article 2 countries should be given an assurance of greater continuity of supply ; The location and reference numbers of the vats concerned, the quantity of alcohol contained in each vat, Whereas the invitations to tender opened by this the alcoholic strength and the characteristics of the Regulation relate to certain third countries where there is alcohol shall be specified in the notices of individual some guarantee that exports of vinous alcohol will not invitation to tender Nos 78/92 to 79/92. disturb their markets in alcohol and spirituous beverages ; whereas the amount of and detailed rules for the release of the performance security may be adapted accordingly ; Article 3

Wheras sales should be organized separately for dispatch The sales shall take place in accordance with Regulation to certain countries in Central America and to Caribbean (EEC) No 1780/89, and in particular Articles 10 to 17 and countries covered by the Caribbean Basin Initiative, in 29 to 38 thereof. particular to take account of certain extra costs resulting from the difference in distance and the possibilities of However : securing onward or return freight in the countries concerned by the Caribbean Basin Initiative ; — one half of the performance security shall be released by the intervention agency holding the alcohol on Whereas the measures provided for in this Regulation are removal of the quantity concerned from the agency's in accordance with the opinion of the Management stores when the successful tenderer furnishes proof Committee for Wine, that that quantity has been placed under customs supervision in the territory of one of the third (') OJ No L 84, 27. 3. 1987, p. 1 . countries listed in Article 1 (2), 0 OJ No L 163, 26. 6. 1991 , p. 6. — the remainder of the performance security shall be (3) OJ No L 346, 15. 12. 1988, p. 7. 0 OJ No L 178, 24. 6. 1989, p. 1 . released in accordance with Article 33 (3) (b) of 0 OJ No L 356, 24. 12. 1991 , p. 43. Regulation (EEC) No 1780/89.

No L 122/24 Official Journal of the European Communities 7. 5. 92

In addition, to be admissible, tenders must indicate the notices of individual invitation to tender Nos 78/92 to place where end use of the alcohol awarded is to take 79/92 and published in the Official Journal of the place and must include an undertaking by the tenderer to European Communities. the effect that the alcohol will be sent to that destination and used for that purpose. Tenders must also include a statement by the tenderer to the effect that he has Article 5 binding commitments with an operator in the motor fuel sector in one of the third countries listed in Article 1 (2) The deadline for the submission of tenders, which must who has undertaken to dehydrate the alcohol awarded in be sent to the address given in the notices of invitation to one of these countries and to export it for use solely in tender, shall be 12 noon (Brussels time) on 27 May 1992. the motor fuel sector.

Article4¶

The specific conditions applying to the two individual This Regulation shall enter into force on the day of its sales by invitation to tender and the name and address of publication in the Official Journal of the European the intervention agency concerned shall be given in the 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