31992R2953
13 . 10 . 92 No L 296/ 17 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2953/92 of 12 October 1992 on the sale by tender for supply to Madeira of alcohol of vinous origin for the manufacture of Madeira liqueur wines
THE COMMISSION OF THE EUROPEAN COMMUNITIES, on the value of the unit of account and the conversion rates to be applied for the purposes of the common agri cultural policy ("), as last amended by Regulation (EEC) Having regard to the Treaty establishing the European No 3237/90 (9), should be used ; Economic Community, Whereas it should also be laid down that the Member States concerned must take all steps necessary to ensure Having regard to Council Regulation (EEC) No 1600/92 compliance with the Community provisions applicable, of 15 June 1992 concerning specific measures for the especially as regards the destination and use of the Azores and Madeira relating to certain agricultural alcohol offered for sale, and that the Member States must products ('), and in particular Article 23 thereof, inform the Commission of the monitoring measures planned before these are put into operation ;
Having regard to Council Regulation (EEC) No 1676/85 Whereas the measures provided for in this Regulation are of 11 June 1985 on the value of the unit of account and in accordance with the opinion of the Management the conversion rates to be applied for the purposes of the Committee for Wine, common agricultural policy (2), as last amended by Regu lation (EEC) No 2205/90 (3), and in particular Article 2 (4) thereof,
HAS ADOPTED THIS REGULATION : Whereas tenders should be invited for the supply of 4 000 hectolitres of alcohol to Madeira in order to cover current supply requirements for the manufacture of Madeira Article 1 liqueur wines in 1992/93, pursuant to the specific measures provided for in Regulation (EEC) No 1600/92 for the Azores and Madeira ; Tenders shall be invited for the supply of 4 000 hectoli tres of neutral spirit of vinous origin at 100 % vol, held by the intervention agencies, to Madeira for use in the Whereas Commission Regulation (EEC) No 1780/89 (4), manufacture of Madeira liqueur wines in accordance with as last amended by Regulation (EEC) No 2864/92 (5), lays traditional methods. down detailed rules for the disposal of alcohol obtained from the distillation operations referred to in Articles 35, Supply shall involve the purchase of neutral spirit held 36 and 39 of Council Regulation (EEC) No 822/87 (6), as following Community intervention measures and its deli last amended by Regulation (EEC) No 1756/92 Q, and very to Madeira. held by intervention agencies ; whereas the system of securities provided for in Regulation (EEC) No 1780/89 should be made applicable, to ensure that the sale by tender is effective and that the alcohol is actually used for Article 2 the purposes envisaged so as not to disturb the markets in alcohol and spirit drinks in the Community ; 1 . Articles 20, 21 , 22 and 23 (3) and Title IV of Regula tion (EEC) No 1780/89 shall apply.
Whereas, for the payment of the tender and the lodging of securities, and in order to avoid market distortions of 2. Depending on the tenders submitted, a decision shall be taken, in accordance with the procedure laid monetary origin, the representative market rates referred down in Article 23 of Regulation (EEC) No 1 600/92 : to in Article 3a of Commission Regulation (EEC) No 3152/85 of 11 November 1985 laying down detailed — either to award the supply to the tender with the rules for the application of Regulation (EEC) No 1676/85 highest amount in ecus per hectolitre of alcohol ; where two tenders indicate the same amount, the (') OJ No L 173, 27. 6. 1992, p. 1 . supply shall be awared by drawing lots, 0 OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 201 , 31 . 7. 1990, p. 9. — or not to accept any of the tenders. (4) OJ No L 178 , 24. 6. 1989, p. 1 . 0 OJ No L 286, 1 . 10 . 1992, p. 48 . (6) OJ No L 84, 27. 3. 1987, p. 1 . (") OJ No L 310, 21 . 11 . 1985, p. 1 . 0 OJ No L 180, 1 . 7. 1992, p. 27. O OJ No L 310, 9. 11 . 1990, p. 18.
No L 296/ 18 13 . 10 . 92 Official Journal of the European Communities
Article 6 3. In making the decision referred to in paragraph 2, account shall be taken in particular of : 1 . Removal of the alcohol from the intervention — the prices applied by the intervention agencies when agency's stores must be completed three months after the the alcohol was purchased, date on which the Commission's decision awarding the — the various costs associated with the supply in ques alcohol is received. tion, — the need not to disturb the markets in alcohol and 2. Use of the alcohol must be completed within one spirit drinks in the Community. year from the date on which the last of the alcohol awarded was removed from store, except in the event of force majeure.
Article 3 3. The competent agency shall release the performance guarantee when the successful tenderer supplies it, in 1 . The specific conditions of this sale by tender, and in respect of the quantity removed in his case, with the particular the following : proof required for this purpose in Title V of Regulation (EEC) No 2220/85 ('). — name and address of the intervention agency, — location and reference particulars of the storage vats, 4. The proof that the alcohol has been used for the — volume, alcoholic strength and characteristics of the intended purposes shall be supplied in the form of a alcohol in each vat, summary of the sales invoices, certified as correct by the competent agency on presentation of the said invoices. — address for the submission of tenders, — amounts of the tendering security and the perfor The sales invoices must state the name and status of the mance guarantee, purchaser, contain the obligation that the alcohol is to be used in accordance with Article 1 . They must be signed jointly by the buyer and the seller. shall be given in invitation to tender 'Madeira' numbered 1 /92, published in the C series of the Official Journal of the European Communities.
Article 7 2. The conversion rates to be used for payment of the tender and for the lodging of securities shall be the repre sentative market rates as referred to in Article 3a of Regu 1 . The alcohol shall be removed on presentation of a lation (EEC) No 3152/85 valid on the day before publica removal order issued by the agency holding the alcohol tion of the invitation to tender. after the quantity to be removed has been paid for. Such quantity shall be determined to the nearest hectolitre of alcohol at 100 % vol .
Article 4 2. Ownership of the alcohol for which a removal order has been issued shall be transferred at the moment of The deadline for the submission of tenders to the address issue and the quantities involved shall be regarded as given in the invitation to tender shall be 12 noon, Brus having left on that date. From that time onwards the sels time, on 29 October 1992. buyer shall bear the risks of theft, loss or destruction and all costs in respect of any alcohol not removed.
Article 5 3. The removal order shall give the final date on which the alcohol must be removed from the intervention agency's stores. 1 . The competent agency shall keep available to the successful tenderer an award statement certifying that his tender has been accepted and that he has been awarded the supply. Article 8
2. Within 20 days of receiving the notification referred This Regulation shall enter into force on the third day to in Article 23 (3) of Regulation (EEC) No 1780/89, the following its publication in the Official Journal of the successful tenderer shall supply proof that the competent European Communities. agency has been provided with the performance guarantee intended to ensure that all of the alcohol awarded is used for the purposes specified in the invitation to tender. (') OJ No L 205, 3. 8 . 1985, p. 5.
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This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 12 October 1992.
For the Commission Ray MAC SHARRY Member of the Commission