31992R3476

2. 12. 92 Official Journal of the European Communities No L 351 /9

COMMISSION REGULATION (EEC) No 3476/92 of 26 November 1992 opening individual sales by invitation to tender (or the export of vinous alcohol held by intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Having regard to the Treaty establishing the European Committee for Wine, Economic Community,

Having regard to Council Regulation (EEC) No 822/87 of HAS ADOPTED THIS REGULATION : 16 March 1987 on the common organization of the market in wine ('), as last amended by Regulation (EEC) Article 1 No 1756/92 (2),

1 . Two individual sales by invitation to tender Nos Having regard to Council Regulation (EEC) No 3877/88 88/92 to 89/92 shall be held of a total quantity of 200 000 of 12 December 1988 laying down general rules for the hi of alcohol obtained from distillation as provided for in disposal of alcohol obtained from the distillation Articles 35, 36 and 39 of Regulation (EEC) No 822/87 operations referred to in Articles 35, 36 and 39 of and held by the Italian and French intervention agencies. Regulation (EEC) No 822/87 and held by intervention agencies (3), Each of the individual invitations to tender Nos 88/92 and 89/92 shall cover 100 000 hi of alcohol at 100 % vol. Whereas Commission Regulation (EEC) No 1780/89 (4), as last amended by Regulation (EEC) No 2864/92 (*), lays 2. The alcohol offered for sale : down detailed rules for the disposal of alcohol obtained — shall be for export to outside the European Economic from distillation as provided for in Articles 35, 36 and 39 Community, of Regulation (EEC) No 822/87 and held by intervention agencies ; — must be imported into and dehydrated in one of the following third countries : Whereas, in view of the cost of storing alcohol, individual — St Christopher and Nevis, sales by invitation to tender should be opened for vinous alcohol obtained from distillation as provided for in — Haiti, Articles 35, 36 and 39 of Regulation (EEC) No 822/87 — Bahamas, and held by the French and Italian intervention agencies ; — Dominican Republic, — Antigua and Barbuda, Whereas individual sales by invitation to tender should be — Dominica, organized for the export of alcohol to certain third countries for end use as motor fuel ; whereas these — British Virgin Islands and Montserrat, countries should be given an assurance of greater — Jamaica, continuity of supply ; — St Lucia, Whereas the invitations to tender opened by this — St Vincent, including the Northern Grenadines, Regulation relate to certain third countries where there is — Barbados, some guarantee that exports of vinous alcohol will not — Trinidad and Tobago, disturb their markets in alcohol and spirituous beverages ; — Grenada, including the Southern Grenadines, whereas the amount of and detailed rules for the release — Aruba, of the performance security may be adapted accordingly ; — Netherlands Antilles : Curasao, Bonaire, St Whereas sales should be organized separately for dispatch Eustace, Saba and the southern part of St Martin, to certain countries in Central America and to Caribbean — Guyana, countries covered by the Caribbean Basin Initiative, in — Virgin Islands of the United States, particular to take account of certain extra costs resulting from the difference in distance and the possibilities of — must be used only as motor fuel. securing onward or return freight in the countries concerned by the countries concerned by the Caribbean Article 2 Basin Initiative : The location and reference numbers of the vats (') OJ No L 84, 27. 3. 1987, p. 1 . concerned, the quantity of alcohol contained in each vat, 0 OJ No L 180, 1 . 7. 1992, p. 27. the alcoholic strength and the characteristics of the (3) OJ No L 346, 15. 12. 1988, p. 7. alcohol shall be specified in the notices of individual (4) OJ No L 178, 24. 6. 1989, p. 1 . to OT No L 286. 1 . 10. 1992. o. 48 . invitation to tender Nos 88/92 to 89/92.

No L 351 / 10 Official Journal of the European Communities 2. 12. 92

Article 3 who has undertaken to dehydrate the alcohol awarded in one of these countries and to export it for use solely in The sales shall take place in accordance with Regulation the motor fuel sector. (EEC) No 1780/89, and in particular Articles 10 to 17 and 29 to 38 thereof. Article 4

However : The specific conditions applying to the two individual sales by invitation to tender and the names and addresses — one half of the performance security shall be released by the intervention agency holding the alcohol on of the intervention agency concerned shall be given in the notices of individual invitation to tender Nos 88/92 to removal of the quantity concerned from the agency's stores when the successful tenderer furnishes proof 89/92 and published in the Official Journal of the that that quantity has been placed under customs European Communities. supervision in the territory of one of the third countries listed in Article 1 (2), Article 5 — the remainder of the performance security shall be By way of derogation from Article 14 of Regulation (EEC) released in accordance with Article 33 (3) (b) of No 1780/89, the closing date laid down in notices of Regulation (EEC) No 1780/89. invitation to tender Nos 88/92 to 89/92 for the submission of tenders shall be the tenth day following the In addition, to be admissible, tenders must indicate the date of publication of notices of individual sale by place where end use of the alcohol awarded is to take invitation to tender. place and must include an undertaking by the tenderer to the effect that the alcohol will be sent to that destination Article 6 and used for that purpose. Tenders must also include a statement by the tenderer to the effect that he has This Regulation shall enter into force on the day of its binding commitments with an operator in the motor fuel publication in the Official Journal of the European sector in one of the third countries listed in Article 1 (2) 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