24.3.2012   

EN

Official Journal of the European Union

C 89/5

1.

Is the forfeiture, at a rate of ECU 12,08 per hectolitre of alcohol not exported within the time limit laid down, of the performance guarantee lodged by the successful tenderer with the intervention agencies holding the alcohol awarded, as provided for in Article 5(5) of Commission Regulation (EC) No 360/95 of 22 February 1995 (1) where the time limit for export is exceeded by the successful tenderer, and the forfeiture at the rate of 15 % in all cases and 0,33 % of the amount remaining per day of delay, of the export security provided for in Article 91(12) of Commission Regulation (EC) No 1623/2000 of 25 July 2000 (2) where there is delay of export of the alcohol awarded, administrative penalties or measures of a different kind?

2.

Is the mere failure, by an operator to comply with the time limit for export of vinous alcohol held by the intervention agencies which was awarded to it by the Commission in the context of an invitation to tender procedure a failure which has or is likely to have the effect of prejudicing the general budget of the European Communities or budgets managed by them, within the meaning of Article 1 of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995? (3)

3.

As regards the possible combination of the provisions of the cross-sectoral Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 with those of the sectoral Commission Regulation (EC) No 360/95 of 22 February 1995:

4.

If, in view of the reply to the earlier questions, forfeiture of the guarantee constitutes a penalty applicable where the time limit for export is exceeded by the successful tenderer, is it necessary to apply retroactively and, if so, in accordance with what rules — for the purposes of calculating the amount of the guarantee to be forfeited for failure to comply with the time limit for export set for invitations to tender Nos 170/94 EC and 171/94 EC by Commission Regulation (EC) No 360/95 of 22 February 1995 as amended — the provisions of Article 91(12) of Commission Regulation (EC) No 1623/2000 of 25 July 2000, even though, first, the latter regulation neither explicitly amended nor repealed the provisions of Article 5 of Regulation (EC) No 360/95 which specifically govern invitations to tender Nos 170/94 EC and 171/94 EC, but only those of Commission Regulation (EC) No 377/93 of 12 February 1993 (4) which laid down the ordinary rules for invitations to tender relating to alcohol from distillation operations held by the intervention agencies and referred, as regards the rules for release of the performance guarantees lodged by the successful tenderers, to Commission Regulation (EEC) No 2220/85 of 22 July 1985 (5) from which the provisions of Article 5 of Commission Regulation (EC) No 360/95 of 22 February 1995 explicitly derogate, and even though, second, Regulation (EC) No 1623/2000 was drawn up after reform of the common organisation of the markets in wine in 1999, it substantially amended the invitations to tender system and the system of guarantees given in that context, both with regard to their purpose and their amount and the rules for their forfeiture and their release and, finally, it removed Brazil from the list of third countries to which the export, for exclusive use as motor fuel, of the alcohol awarded is authorised?