EN OfficialJournaloftheEuropeanCommunities 10.6.2000 L139/4
COMMISSION REGULATION (EC) No 1217/2000
of 9 June 2000
opening individual invitations to tender for the sale for export of vinous alcohol
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Council Regulation (EEC) No 822/87 of 16
March 1987 on the common organisation of the market inwine(
1),aslastamendedbyRegulation(EC)No1677/1999(2),
Having regard to Council Regulation (EEC) No 3877/88 of 12
December 1988 laying down general rules for the disposal ofalcohol obtained from the distillation operations referred to inArticles 35, 36 and 39 of Regulation (EEC) No 822/87 andheld by intervention agencies(
3),
Whereas:
(1)Commission Regulation (EEC) No 377/93(4), as last
amended by Regulation (EC) No 1448/97(5), lays down
detailed rules for the disposal of alcohol obtained fromthe distillation operations referred to in Articles 35, 36and 39 of Regulation (EEC) No 822/87 and held byintervention agencies.
(2)Individualinvitationstotendershouldbeopenedfortheexport of vinous alcohol to certain Caribbean andCentral American countries so as to guaranteecontinuity of supplies to those countries and reduce theCommunity stock of vinous alcohol.
(3)Aspecificsecurityshouldbeprovidedfortoensurethatthe alcohol is physically exported from the customsterritory of the Community and non-compliance withthe date laid down for export should be progressivelypenalised. This security must be independent of theperformance guarantee ensuring that the alcohol isremoved from storage and the awarded alcohol is usedfor the purposes laid down.
(4)Since Council Regulation (EC) No 2799/98 of 15December 1998 on establishing agrimonetary arrange-mentsfortheeuro(
6),tenderpricesandguaranteesmust
be expressed in euro and payments must be made ineuro.
(5)The measures provided for in this Regulation are inaccordance with the opinion of the ManagementCommittee for Wine,HAS ADOPTED THIS REGULATION:
Article 1
TwosalesbyindividualinvitationtotenderNos288/2000EC,
and289/2000ECshallbeheldforatotalquantityof150000hectolitres of alcohol obtained from the distillation operationsreferred to in Articles 35 and 36 of Regulation (EEC) No822/87 and held by the Spanish intervention agency.
Each of the individual invitations to tender Nos 288/2000 EC
and 289/2000 EC shall cover a quantity of 75000 hectolitresof alcohol at 100% volume.
Article 2
The alcohol offered for sale:
— shall be for export outside the European Community,
— must be imported into and dehydrated in one of the
following third countries:
— Costa Rica,
— Guatemala,— Honduras, including the Swan Islands,— El Salvador,— Nicaragua,— St Kitts and Nevis,— Bahamas,— Dominican Republic,— Antigua and Barbuda,— Dominica,— British Virgin Islands and Montserrat,— Jamaica,— Saint Lucia,— Saint Vincent, including the Northern Grenadines,— Barbados,— Trinidad and Tobago,— Belize,— Grenada, including the Southern Grenadines,— Aruba,— Netherlands Antilles (Curação, Bonaire, Saint Eustace,
Saba and the southern part of Saint Martin),
(1) OJ L 84, 27.3.1987, p. 1.
(2) OJ L 199, 30.7.1999, p. 8.
(3) OJ L 346, 15.12.1988, p. 7.
(4) OJ L 43, 20.2.1993, p. 6.
(5) OJ L 198, 25.7.1997, p. 4.
(6) OJ L 349, 24.12.1998, p. 1.
EN OfficialJournaloftheEuropeanCommunities 10.6.2000 L139/5
— Guyana,
— United States Virgin Islands,— Haiti,
— must be used only as motor fuel.
Article 3
Thelocationandreferencenumbersofthevatsconcerned,the
quantity of alcohol contained in each vat, the alcoholicstrengthandthecharacteristicsofthealcoholaswellascertainspecific conditions are given in Annex I hereto.
Article 4
ThesalesshalltakeplaceinaccordancewithArticles13to18,
30 to 34 and 36 to 38 of Regulation (EEC) No 377/93, andArticle 2 of Regulation (EC) No 2799/98.
However, notwithstanding Article 15 of Regulation (EEC) No
377/93, the final date for the submission of tenders for theinvitations to tender referred to in this Regulation, shall fallbetween the eighth and the 25th day following the date ofpublication of the individual invitations to tender.
Article 5
1. ThetenderingsecurityreferredtoinArticle15ofRegula-
tion (EEC) No 377/93 shall be EUR 3,622 per hectolitre ofalcoholforthetotalquantityofalcoholofferedforsaleineachof the invitations to tender referred to in Article 1.
Maintenance of the tender after the time limit for submitting
tendersandthelodgingofaguaranteetoensureexportandofa performance guarantee shall constitute the primary require-ments within the meaning of Article 20 of Commission Regu-lation (EEC) No 2220/85(
1) as regards the tendering security.
The tendering security lodged for each of the invitations to
tender referred to in Article 1 shall be released immediately ifthe tender is not accepted or if the successful tenderer hadlodged the entire guarantee to ensure export and the entireperformanceguaranteefortheinvitationtotenderinquestion.
2. The guarantee to ensure export shall be EUR 5 per
hectolitre of alcohol at 100% volume and shall be lodged foreach quantity of alcohol for which there is a removal orderunder each of the invitations to tender referred to in Article 1of this Regulation.
This guarantee shall be released only by the intervention
agency holding the alcohol for each quantity of alcohol forwhich proof has been furnished that it has been exportedwithinthetimelimitlaiddowninArticle6ofthisRegulation.Notwithstanding Article 23 of Regulation (EEC) No 2220/85,and except in cases of force majeure, where the time limit
referred to in Article 6 has not been complied with, the guar-antee to ensure export of EUR 5 per hectolitre of alcohol at100% volume shall be forfeit as follows:(a) 15% in all cases;
(b) 0,33% of the amount remaining after deduction of the
15%, for each day the time limit in question is exceeded.
3. The performance guarantee shall be EUR 25 per hecto-
litre of alcohol at 100% volume.
This guarantee shall be released in accordance with Article
34(3)(b) of Regulation (EEC) No 377/93.
4. Notwithstanding Article 17 of Regulation (EEC) No 377/
93, the guarantees on export and performance shall be lodgedsimultaneously with each intervention agency concerned, foreachoftheinvitationstotenderreferredtoinArticle1ofthisRegulation not later than the day of issue of a removal orderfor the quantity of alcohol concerned.
Article 6
1. The alcohol awarded under the invitations to tender
referredtoinArticle1shallbeexportedby31December2000at the latest.
2. Thealcoholawardedshallbeusedwithintwoyearsfrom
the date of first removal.
Article 7
To be valid, tenders must indicate the place where end use of
the alcohol awarded is to take place and must include anundertaking by the tenderer to the effect that the alcohol willbe sent to that destination and used for that purpose. Thetendershallalsoincludeprooffollowingtheentryintoforceofthis Regulation that the tenderer has binding commitmentswith an operator in the motor fuel sector in one of the thirdcountries listed in Article 2 who has undertaken to dehydratethealcoholawardedinoneofthosecountriesandtoexportitfor use solely as motor fuel in accordance with Annex II.
Article 8
1. Before the awarded alcohol is removed, the intervention
agencyandthesuccessfultenderershalltakeareferencesampleand shall analyse that sample to verify the alcoholic strengthexpressed in % volume of the alcohol in question.
Where the final results of the analysis of the sample show a
difference between the alcoholic strength by volume of thealcoholtoberemovedandtheminimumalcoholicstrengthbyvolume stated in the notice of invitation to tender, thefollowing provisions shall apply:
(i) the intervention agency shall, the same day, inform the
Commission thereof in accordance with Annex III, as wellas the storer and the successful tenderer;
(ii) the successful tenderer may:
— either agree to take over the lot with its characteristics
as established, subject to the Commission's agreement,
— or refuse to take over the lot in question.
(1) OJ L 205, 3.8.1985, p. 5.
EN OfficialJournaloftheEuropeanCommunities 10.6.2000 L139/6
In either case, the successful tenderer shall, the same day,
informtheinterventionagencyandtheCommissionthereofinaccordance with Annex IV.
Once these formalities have been completed, if he has refused
totakeoverthelotconcerned,heshallbeimmediatelyreleasedfrom all his obligations relating to that lot.
2. Wherethesuccessfultendererrefusesthemerchandise,as
provided for in paragraph 1, the intervention agency shallsupply him with another quantity of alcohol of the requisitequality, at no extra charge, within a maximum of eight days.
3. If physical removal of the alcohol is delayed by more
thanfiveworkingdaysinrelationtothedateofacceptanceofthe lot to be removed by the successful tenderer for reasonsattributable to the intervention agency, the Member State shallbe responsible for the payment of compensation.Article 9
Notwithstanding the first subparagraph of Article 36(2) of
Regulation(EEC)No377/93,thealcoholcontainedinthevatsindicated in the communication from the Member Statesreferred to in Article 36 of Regulation (EEC) No 377/93 andcovered by the invitation to tender referred to in Article 1 ofthisRegulationmaybesubstitutedbyalcoholofthesametypeby the intervention agency holding the alcohol concerned inagreement with the Commission, or mixed with other alcoholdelivered to the intervention agency until a removal order isissued for that alcohol, in particular for logistical reasons.
Article 10
ThisRegulationshallenterintoforceonthedayofitspublica-
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 June 2000.
For the Commission
Franz FISCHLER
Member of the Commission
EN OfficialJournaloftheEuropeanCommunities 10.6.2000 L139/7
ANNEX I
INDIVIDUAL INVITATION TO TENDER No 288/2000 EC
I.Place of storage, volume and characteristics of the alcohol offered for sale
MemberState LocationReference
numberofvatVolumein
hectolitresof
purealcoholReferenceto
Regulation(EEC)
No822/87Typeofalcohol
SPAIN Tarancon A-3 12292 35and36 Rawalcohol
Tarancon A-4 24617 35and36 Rawalcohol
Tomelloso 1 10674 35and36 Rawalcohol
Tomelloso 3 18574 35and36 Rawalcohol
Tomelloso 5 8843 35and36 Rawalcohol
Total 75000
Anyinterestedpartymay,onapplicationtotheinterventionagencyconcernedandonpaymentofEUR 2,415perlitre,
obtainsamplesofthealcoholofferedforsale.Suchsamplesshallbetakenbyarepresentativeoftheinterventionagencyconcerned.
II.Destination and use of the alcohol
The alcohol offered for sale must be exported from the Community. It must be imported into and dehydrated in one of
the non-member countries listed in Article 2 of this Regulation as for use exclusively as motor fuel.
Evidence relating to the destination and use of the alcohol is to be obtained by an international security company and
transmitted to the intervention agency concerned.
The costs thus incurred are to be borne by the successful tenderer.
III.Submission of tenders
1. Tenders should be submitted for a quantity of 75000 hectolitres of alcohol, expressed in hectolitres of alcohol at
100% vol.
Any tender relating to a smaller quantity will not be considered.
2. Tenders must:
— be sent by registered post to the European Commission, Rue de la Loi/Wetstraat 200, B-1049 Brussels, or
— besubmittedatthereceptionoftheLoi130buildingoftheEuropeanCommission,RuedelaLoi/Wetstraat130,
B-1049 Brussels, between 11 a.m. and 12 noon on the date mentioned in point 4.
3. Tenders must be enclosed in a sealed envelope marked ‘Tender for individual sale No 288/2000 EC (alcohol), DG
AGRI(E-2),tobeopenedonlyatthemeetingofthegroup’,whichitselfmustbeenclosedinanenvelopeaddressedtothe Commission.
4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 21 June 2000.5. Tenders must state the name and address of the tenderer and must:
(a) include a reference to individual sale by tender No 288/2000 EC;
(b) specify the price tendered, expressed in euro per hectolitre of alcohol at 100% vol;
(c) include all the undertakings and statements referred to in Article 31 of Regulation (EEC) No 377/93, specify the
finaldestinationofthealcoholawardedandincludeproofofacommitmentwithanoperatorfordehydrationanduse solely as motor fuel.
6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the following
intervention agency:
— FEGA, Beneficencia 8, E-28004 Madrid (tel 913476500; telex 23427 FEGA; fax 915219832).
This security must correspond to a sum of EUR 271650.
EN OfficialJournaloftheEuropeanCommunities 10.6.2000 L139/8
INDIVIDUAL INVITATION TO TENDER No 289/2000 EC
I.Place of storage, volume and characteristics of the alcohol offered for sale
MemberState LocationReference
numberofvatVolumeen
hectolitresof
purealcoholReference
Regulation(EEC)
No822/87Typeofalcohol
SPAIN Tarancon A-3 12292 35and36 Rawalcohol
Tarancon B-3 24817 35and36 Rawalcohol
Tomelloso 1 10674 35and36 Rawalcohol
Tomelloso 4 18559 35and36 Rawalcohol
Tomelloso 5 8658 35and36 Rawalcohol
Total 75000
Anyinterestedpartymay,onapplicationtotheinterventionagencyconcernedandonpaymentofEUR 2,415perlitre,
obtainsamplesofthealcoholofferedforsale.Suchsamplesshallbetakenbyarepresentativeoftheinterventionagencyconcerned.
II.Destination and use of the alcohol
The alcohol offered for sale must be exported from the Community. It must be imported into and dehydrated in one of
the non-member countries listed in Article 2 of this Regulation as for use exclusively as motor fuel.
Evidence relating to the destination and use of the alcohol is to be obtained by an international security company and
transmitted to the intervention agency concerned.
The costs thus incurred are to be borne by the successful tenderer.
III.Submission of tenders
1. Tenders should be submitted for a quantity of 75000 hectolitres of alcohol, expressed in hectolitres of alcohol at
100% vol.
Any tender relating to a smaller quantity will not be considered.
2. Tenders must:
— be sent by registered post to the European Commission, Rue de la Loi/Wetstraat 200, B-1049 Brussels, or
— besubmittedatthereceptionoftheLoi130buildingoftheEuropeanCommission,RuedelaLoi/Wetstraat130,
B-1049 Brussels, between 11 a.m. and 12 noon on the date mentioned in point 4.
3. Tenders must be enclosed in a sealed envelope marked ‘Tender for individual sale No 289/2000 EC (alcohol), DG
AGRI(E-2),tobeopenedonlyatthemeetingofthegroup’,whichitselfmustbeenclosedinanenvelopeaddressedtothe Commission.
4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 21 June 2000.5. Tenders must state the name and address of the tenderer and must:
(a) include a reference to individual sale by tender No 289/2000 EC;
(b) specify the price tendered, expressed in euro per hectolitre of alcohol at 100% vol;
(c) include all the undertakings and statements referred to in Article 31 of Regulation (EEC) No 377/93, specify the
finaldestinationofthealcoholawardedandincludeproofofacommitmentwithanoperatorfordehydrationanduse solely as motor fuel.
6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the following
intervention agency:
— FEGA, Beneficencia 8, E-28004 Madrid (tel 913476500; telex 23427 FEGA; fax 915219832).
This security must correspond to a sum of EUR 271650.
EN OfficialJournaloftheEuropeanCommunities 10.6.2000 L139/9
ANNEX II
List of undertakings and documents to be produced by the tenderer on submission of tenders:1. evidence that the tendering security has been lodged with each intervention agency;2. the final destination of the alcohol and an undertaking by the tenderer to comply with this destination;3. evidence, subsequent to the entry into force of this Regulation, that the tenderer has binding commitments with an
operator in the motor fuel sector in one of the non-member countries listed in Article 2 of this Regulation. Thisoperatormustundertaketodehydratethealcoholawardedundertheinvitationtotenderinoneofthesecountriesandto export it for use as motor fuel;
4. tendersmustincludethenameandaddressofthetenderer,thereferencenumberofthenoticeofinvitationtotender,
and the price proposed, expressed in euro per hectolitre of alcohol at 100% volume;
5. anundertakingfromthetenderertotheeffectthathewillcomplywithalltherulesrelatingtothetenderingprocedure
in question;
6. a statement by the tenderer to the effect that he waives all claims in respect of the quality and characteristics of the
alcohol awarded to him, agrees to submit to any checks made on the destination and use of the alcohol and acceptsthatitishisresponsibilitytoprovideevidencethatthealcoholisusedasspecifiedinthenoticeofinvitationtotender.
ANNEX III
The only telex and fax numbers in Brussels to be used are:DG AGRI (E-2) (for the attention of Mr Chiappone/Mr Innamorati):
— telex 22037AGRECB,
22070AGRECB(Greekcharacters),
— fax (32-2)2959252.
ANNEX IV
Communication of refusal or acceptance of lots under the individual invitation to tender for the export of
vinous alcohol opened by Regulation (EC) No 1217/2000
— Name of the successful tenderer:— Date of award of contract:— Date of refusal or acceptance of the lot by the successful tenderer:
Lot NoQuantity in
hectolitresLocation
of alcoholReason for refusal or acceptance
to take over