No L 43/6 Official Journal of the European Communities 20. 2. 93 COMMISSION REGULATION (EEC) No 377/93 of 12 February 1993 laying 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 intervention agencies 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 1756/92 (3, and in particular Aricles 37 (2) and 40 (5) thereof, . ' 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 (EEC) No 822/87 and held by intervention agencies (), and in particular Articles 2 and 3 thereof, Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (%), Whereas Commission Regulation (EEC) No 1780/89 of 21 June 1989 laying 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 intervention agencies (%), as last amended by Regulation (EEC) No 3821/92 (%), has been substantially amended on a number of occasions ; whereas it is appropriate, for reasons of clarity and rationality, to consolidate the said Regulation ; Whereas one feature of the Community market for alcohol is the existence of stocks resulting from interven- tion under Articles 35, 36 and 39 of Regulation (EEC) No 822/87 ; whereas Regulation (EEC) No 3877/88 lays down general rules on the disposal of such stocks by the issuing of invitations to tender in accordance with. the procedure laid down in Article 83 of Regulation (EEC) No 822/87; () OJ No L 84, 27. 3. 1987, p. 1. () OJ No L 180, 1. 7. 1992, p. 27. () OJ No L 346, 15. 12. 1988, p. 7. () O No L 387, 31. 12. 1992, p. 1. ) O] No L 178, 24. 6. 1989, p. 1. (9 OJ No L 387, 31. 12. 1992, p. 24. Whereas specific detailed rules should be laid down for such invitations to tender in order to ensure equality of treatment of operators ; ‘Whereas provisions should be made so that these stocks of alcohol may be disposed of by three types of invita- tions to tender, depending on the quantities of alcohol at 100 % vol. covered by such invitations to tender and on the use and destination for which the alcohol is intended ; Whereas, since the objective of invitations to tender is to obtain the most favourable price, the contract must be awarded to the tenderer offering the highest price where the Commission decides to take action in respect of tenders ; whereas it is also necessary to lay down provi- sions for the eventuality that several tenders relating to the same lot are submitted for the same price; Whereas, in order to permit intermediate-scale industrial tests of new uses devised for alcohol by certain operators and thus in the long term to develop ways of disposing of significant quantities of Community alcohol without disrupting the market in spirituous beverages, provision should .be made under certain conditions for submitting tenders for more than 5000 hectolitres in respect of a partial invitation to tender; Whereas it is necessary to determine processing which may be considered equivalent to real industrial uses from processing into goods exported under inward processing arrangements ; Whereas the term of validity of a new standing invitation to tender should be unlimited so that the industry concerned is assured of better continuity in supply in view of the investments needed to process spirits distilled from wine ; whereas a quantity of alcohol should be set aside for the standing invitation to tender, care being taken to avoid any disturbance of certain markets ; Whereas notices of invitations to tender issued by the Commission must contain particulars necessary to iden- tify the quantities of alcohol concerned ; whereas in addi- tion lots of alcohol comprising one or more vats should be specified solely in partial invitations to tender in order to prevent a substantial quantity of alcohol from being immobilized, given the unlimited duration of the standing invitation to tender;