1. 10. 93 Official Journal of the European Communities No L 245/131 COMMISSION REGULATION (EEC) No 2710/93 of 30 September 1993 concerning certain special sales by tender of vinous alcohol held by intervention agencies, for use as motor fuel within the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine ("), as last amended by Regulation (EEC) No 1566/93 (3, 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 opera- tions referred to in Articles 35, 36 and 39 of Regulation (EBC) No 822/87 and held by intervention agencxes G, and in particular Articles 1 and 3 thereof, Whereas Commission Regulation (EEC) No 377/93 (¥, as amended by Regulation (EEC) No 2192/93 (%), lays down detailed rules for the disposal of alcohol obtained from the distillation operations referred to in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 and held by inter- vention agencies ; " Whereas Commission Regulation (EEC) No 3389/90 (%) and (EEC) No 3390/90 () opening special sales by tender of vinus alcohol held by intervention agencies, for use as motor fuel within the Community, put up for sale by tender Nos 7/90 and 8/90 EC respectively 4 800 000 hectolitres of alcohol expressed in terms of hectolitres of alcohol at 100 % vol ; Whereas the successful tenderers, following the sale of a limited quantity of processed alcohol, have experienced serious and persistent difficulty in the disposal of such a volume of alcohol on the fuel market within the Commu- nity, due in particular to developments in substitution fuels manufactured from agricultural raw materials ; Whereas, in order to enable that alcohol to be used as intended under the Community rules and to avoid any disruption whatsoever to the Community market for alco- hols and spirituous beverages in the case in question, taking into account the volume of alcohol awarded and the sensitivity of the sale markets other than the fuel market, it is necessary to reduce the quantities of alcohol () OJ No L 84, 27. 3. 1987, p. O] No L 154, 25. 6. 1993, p 39 OJ No L 346, 15. 12. 1988, OJ No L 43, 20. 2. 1993, p. 6 OJ No L 196, 5. 8. 1993, p. 19. () OJ No L 327, 27. 11. 1990, p. 19. () OJ No L 327, 27. 11. 1990, p. 21. to be used for the purposes specified and to cancel the sales by tender in respect of the lots of alcohol not taken out of intervention storage ; Whereas the performance guarantee in respect of alcohol lots still to be used for the purposes specified should be released only when the entire quantity of the alcohol in the lots concerned has been used in the fuel sector within the Community ; whereas, in the current special circum- stances, this obligation seeks to ensure the take over of all the quantities in question and their disposal, taking account of the sensitivity of the alcohol markets and in particular the fragility of the market for non-traditional substitution fuels ; Whereas provision should also be made for the transpor- tation and processing of the alcohol sold as well as the final utilization of the finisched product to be monitored in order to ensure that the alcohol is actually used in a manner not likely to disrupt the alcohol market; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, HAS ADOPTED THIS REGULATION : Article 1 1. Notwithstanding Article 1 of Regulation (EEC) No 3389/90, the first lot only under special sale by tender No 7/90 EC, consisting of 640 000 hectolitres of alcohol at 100 % vol, must be used as motor fuel within the Community. The processing of the alcohol for this purpose must take place also within the Community. 2. Notwithstanding Article 1 of Regulation (EEC) No 3390/90, the first two lots only under special sale by tender No 8/90 EC, consisting of a total .quantity of 640 000 hectolitres of alcohol at 100 % vol, must be used as motor fuel within the Community. The processing of the alcohol for this purpose must take place also within the Community. Article 2 Notwithstanding Articles 3 and 4 of Regulations (EEC) No 3389/90 and (EEC) No 3390/90, the use as motor fuel of alocohol from the first lot under special sale by tender