31992R2729

22. 9 . 92 Official Journal of the European Communities No L 277/3

COMMISSION REGULATION (EEC) No 2729/92 of 18 September 1992 opening individual sales by invitation to tender for the export of vinous alcohol held by intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES, particular to take account of certain extra costs resulting from the difference in distance and the possibilities of securing onward or return freight in the countries Having regard to the Treaty establishing the European concerned by the Caribbean Basin Initiative ; Economic Community, Whereas the measures provided for in this Regulation are Having regard to Council Regulation (EEC) No 822/87 of in accordance with the opinion of the Management 16 March 1987 on the common organization of the Committee for Wine, market in wine ('), as last amended by Regulation (EEC) No 1756/91 (2),

HAS ADOPTED THIS REGULATION : 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 oper­ Article 1 ations referred to in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 and held by intervention agencies (3), 1 . Two individual sales by invitation to tender Nos 82/92 to 83/92 shall be held of a total quantity of 200 000 hi of alcohol obtained from distillation as provided for in Whereas Commission Regulation (EEC) No 1780/89 (4), as last amended by Regulation (EEC) No 3776/91 0, lays Articles 35, 36 and 39 of Regulation (EEC) N<p 822/87 down detailed rules for the disposal of alcohol obtained and held by the Spanish and Italian intervention agencies. from distillation as provided for in Articles 35, 36 and 39 Each of the individual invitations to tender Nos 82/92 of Regulation (EEC) No 822/87 and held by intervention and 83/92 shall cover 100 000 hi of alcohol at 100 % vol . agencies ;

2. The alcohol offered for sale : Whereas, in view of the cost of storing alcohol, individual sales by invitation to tender should be opened for vinous — shall be for export to outside the European Economic alcohol obtained from distillation as provided for in Community, Articles 35, 36 and 39 of Regulation (EEC) No 822/87 — must be imported into and dehydrated in one of the and held by the Spanish and Italian intervention agen­ following third countries : cies ; — Guatemala, — Belize, Whereas individual sales by invitation to tender should be organized for the export of alcohol to certain third coun­ — Honduras, including the Swan Islands, tries for end use as motor fuel ; whereas these countries — El Salvador, should be given an assurance of greater continuity of supply ; — Costa Rica,

— must be used only as motor fuel. Whereas the invitations to tender opened by this Regu­ lation relate to certain third countries where there is some guarantee that exports of vinous alcohol will not disturb Article 2 their markets in alcohol and spirituous beverages ; whereas the amount of and detailed rules for the release The location and reference numbers of the vats of the \performance security may be adapted accordingly ; concerned, the quantity of alcohol contained in each vat, the alcoholic strength and the characteristics of the alcohol shall be specified in the notices of individual invi­ Whereas sales should be organized separately for dispatch tation to tender Nos 82/92 to 83/92. to certain countries in Central America and to Caribbean countries covered by the Caribbean Basin Initiative, in Article 3 (>) OJ No L 84, 27. 3. 1987, p. 1 . (2) OJ No L 180, 1 . 7. 1992, p. 27. The sales shall take place in accordance with Regulation 0 OJ No L 346, 15. 12. 1988, p. 7. (4) OJ No L 178, 24. 6. 1989, p. 1 . (EEC) No 1780/89, and in particular Articles 10 to 17 and 0 OJ No L 356, 24. 12. 1991 , p. 43. 29 to 38 thereof.

No L 277/4 Official Journal of the European Communities 22. 9 . 92

However : one of these countries and to export it for use solely in the motor fuel sector. — one half of the performance security shall be released Article 4 by the intervention agency holding the alcohol on removal of the quantity concerned from the agency's stores when the successful tenderer furnishes proof The specific conditions applying to the two individual that that quantity has been placed under customs sales by invitation to tender and the name and address of supervision in the territory of one of the third coun­ the intervention agency concerned shall be given in the tries listed in Article 1 (2), notices of individual invitation to tender Nos 82/92 to 83/92 and published in the Official Journal of the Euro­ — the remainder of the performance security shall be pean Communities. released in accordance with Article 33 (3) (b) of Regu­ lation (EEC) No 1780/89. Article 5

The deadline for the submission of tenders, which must In addition, to be admissible, tenders must indicate the be sent to the address given in the notices of invitation to place where end use of the alcohol awarded is to take tender, shall be 12 noon (Brussels time) on 8 October place and must include an undertaking by the tenderer to 1992 . the effect that the alcohol will be sent to that destination and used for that purpose. Tenders must also include a Article 6 statement by the tenderer to the effect that he has binding commitments with an operator in the motor fuel This Regulation shall enter into force on the day of its sector in one of the third countries listed in Article 1 (2) publication in the Official Journal of the European who has undertaken to dehydrate the alcohol awarded in Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 September 1992.

For the Commission Ray MAC SHARRY Member of the Commission