31992R3475

2. 12. 92 Official Journal of the European Communities No L 351 /7

COMMISSION REGULATION (EEC) No 3475/92 of 26 November 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 in accordance with the opinion of the Management Having regard to Council Regulation (EEC) No 822/87 of Committee for Wine, 16 March 1987 on the common organization of the market in wine ('), as last amended by Regulation (EEC) No 1756/92 (2), HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 3877/88 of 12 December 1988 laying down general rules for the Article 1 disposal of alcohol obtained from the distillation oper­ 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 86/92 to 87/92 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), Articles 35, 36 and 39 of Regulation (EEC) No 822/87 as last amended by Regulation (EEC) No 2864/92 (*), lays and held by the Spanish intervention agency. down detailed rules for the disposal of alcohol obtained from distillation as provided for in Articles 35, 36 and 39 Each of the individual invitations to tender Nos 86/92 of Regulation (EEC) No 822/87 and held by intervention and 87/92 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 — shall be for export to outside the European Economic sales by invitation to tender should be opened for vinous Community, alcohol obtained from distillation as provided for in 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 intervention agency ; following third countries :

— Guatemala, Whereas individual sales by invitation to tender should be — Belize, 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 86/92 to 87/92. 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. (EEC) No 1 780/89, and in particular Articles 1 0 to 1 7 and 0 OJ No L 178, 24. 6. 1989, p. 1 . 29 to 38 thereof. 0 OJ No L 286, 1 . 10. 1992, p. 48 .

No L 351 /8 Official Journal of the European Communities 2. 12. 92

However : the intervention agency concerned shall be given in the notices of individual invitation to tender Nos 86/92 to — one half of the performance security shall be released 87/92 and published in the Official Journal of the Euro­ by the intervention agency holding the alcohol on peart Communities. removal of the quantity concerned from the agency's stores when the successful tenderer furnishes proof that that quantity has been placed under customs supervision in the territory of one of the third coun­ tries listed in Article 1 (2), — the remainder of the performance security shall be Article 5 released in accordance with Article 33 (3) (b) of Regu­ lation (EEC) No 1780/89. In addition, to be admissible, tenders must indicate the By way of derogation from Article 14 of Regulation (EEC) place where end use of the alcohol awarded is to take No 1780/89, the closing date laid down in notices of invi­ place and must include an undertaking by the tenderer to tation to tender Nos 86/92 to 87/92 for the submission of the effect that the alcohol will be sent to that destination tenders shall be the tenth day following the date of publi­ and used for that purpose. Tenders must also include a cation of notices of individual sale by invitation to tender. statement by the tenderer to the effect that he has binding commitments with an operator in the motor fuel sector in one of the third countries listed in Article 1 (2) who has undertaken to dehydrate the alcohol awarded in one of these countries and to export it for use solely in the motor fuel sector. Article 6

Article 4 This Regulation shall enter into force on the day of its The specific conditions applying to the two individual publication in the Official Journal of the European sales by invitation to tender and the name and address of Communities.

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

Done at Brussels, 26 November 1992.

For the Commission Ray MAC SHARRY Member of the Commission