EN Official Journal of the European Communities 1. 6. 1999 L 137/31
COMMISSION REGULATION (EC) No 1148/1999
of 31 May 1999
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 themarket in wine (
1), as last amended by Regulation (EC) No
1627/98 (2),
Having regard to Council Regulation (EEC) No 3877/88
of 12 December 1988 laying down general rules for thedisposal 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 (
3),
(1) Whereas 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 from the distillation operationsreferred to in Articles 35, 36 and 39 of Regulation(EEC) No 822/87 and held by intervention agen-cies;
(2) Whereas individual invitations to tender should beopened for the export of vinous alcohol to certainCaribbean and Central American countries so as toguarantee continuity of supplies to those countriesand reduce the Community stock of vinousalcohol;
(3) Whereas a specific security should be provided forto ensure that the alcohol is physically exportedfrom the customs territory of the Community andnon-compliance with the date laid down for exportshould be progressively penalised; whereas thissecurity must be independent of the performanceguarantee ensuring that the alcohol is removedfrom storage and the awarded alcohol is used forthe purposes laid down;
(4) Whereas since Council Regulation (EC) No 2799/98 of 15 December 1998 on establishing agrimon-etary arrangements for the euro (
6), tender prices
and guarantees must be expressed in euro andpayments must be made in euro;(5) Whereas the measures provided for in this Regula-tion are in accordance with the opinion of theManagement Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Three sales by individual invitation to tender Nos 264/
99/EC, 265/99/EC, and 266/99/EC shall be held for atotal quantity of 300 000 hectolitres of alcohol obtainedfrom the distillation operations referred to in Articles 35,36 and 39 of Regulation (EEC) No 822/87 and held bythe Italian intervention agency.
Each of the individual invitations to tender Nos 264/
99/EC, 265/99/EC and 266/99/EC shall cover a quantityof 100 000 hectolitres of alcohol at 100 % volume.
Article 2
The alcohol offered for sale:
¾shall be for export outside the European Community,
¾must be imported into and dehydrated in one of the
following third countries:
¾Costa Rica,
¾Guatemala,
¾Honduras, including the Swan Islands,
¾El Salvador,
¾Nicaragua,
¾St Kitts and Nevis,
¾Bahamas,
¾Dominican Republic,
¾Antigua and Barbuda,
¾Dominica,
¾British Virgin Islands and Montserrat,
¾Jamaica,
¾Saint Lucia,
¾Saint Vincent, including the Northern Grenadines,
¾Barbados,
¾Trinidad and Tobago,
¾Belize,
¾Grenada, including the Southern Grenadines,
¾Aruba,(1) OJ L 84, 27.3.1987, p. 1.
(2) OJ L 210, 28.7.1998, 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 Official Journal of the European Communities 1. 6. 1999 L 137/32
¾Netherlands Antilles (CuraÑo, Bonaire, Saint
Eustace, Saba and the southern part of SaintMartin),
¾Guyana,
¾United States Virgin Islands,
¾Haiti,
¾must be used only as motor fuel.
Article 3
The location and reference numbers of the vats
concerned, the quantity of alcohol contained in each vat,the alcoholic strength and the characteristics of thealcohol as well as certain specific conditions are given inAnnex I hereto.
Article 4
The sales shall take place in accordance with Articles 13
to 18, 30 to 34 and 36 to 38 of Regulation (EEC) No377/93, and Article 2 of Regulation (EC) No 2799/98.
However, notwithstanding Article 15 of Regulation (EEC)
No 377/93, the final date for the submission of tendersfor the invitations to tender referred to in this Regulation,shall fall between the eighth and the 25th day followingthe date of publication of the individual invitations totender.
Article 5
1. The tendering security referred to in Article 15 of
Regulation (EEC) No 377/93 shall be EUR 362 200 forthe total quantity of alcohol offered for sale in each of theinvitations to tender referred to in Article 1.
Maintenance of the tender after the time limit for submit-
ting tenders and the lodging of a guarantee to ensureexport and of a performance guarantee shall constitutethe primary requirements within the meaning of Article20 of Commission Regulation (EEC) No 2220/85 (
1)a s
regards the tendering security.
The tendering security lodged for each of the invitations
to tender referred to in Article 1 shall be released imme-diately if the tender is not accepted or if the successfultenderer had lodged the entire guarantee to ensure exportand the entire performance guarantee for the invitation totender in question.
2. The guarantee to ensure export shall be EUR 5 per
hectolitre of alcohol at 100 % volume and shall be lodgedfor each quantity of alcohol for which there is a removalorder under each of the invitations to tender referred to inArticle 1 of this Regulation.This guarantee shall be released only by the intervention
agency holding the alcohol for each quantity of alcoholfor which proof has been furnished that it has beenexported within the time limit laid down in Article 6 ofthis Regulation. 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 beencomplied with, the guarantee to ensure export of EUR 5per hectolitre of alcohol at 100 % volume shall be forfeitas 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 isexceeded.
3. The performance guarantee shall be EUR 25 per
hectolitre 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 shallbe lodged simultaneously with the Italian interventionagency for each of the invitations to tender referred to inArticle 1 of this Regulation not later than the day of issueof a removal order for the quantity of alcohol concerned.
Article 6
1. The alcohol awarded under the invitations to tender
referred to in Article 1 shall be exported by 31 December1999 at the latest.
2. The alcohol awarded shall be used within two years
from 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 mustinclude an undertaking by the tenderer to the effect thatthe alcohol will be sent to that destination and used forthat purpose. The tender shall also include proof that thetenderer has binding commitments with an operator inthe motor fuel sector in one of the third countries listedin Article 2 who has undertaken to dehydrate the alcoholawarded in one of those countries and to export it for usesolely as motor fuel.
Article 8
1. Before the awarded alcohol is removed, the interven-
tion agency and the successful tenderer shall take a refer-ence sample and shall analyse that sample to verify thealcoholic strength expressed in % volume of the alcoholin question.
(1) OJ L 205, 3.8.1985, p. 5.
EN Official Journal of the European Communities 1. 6. 1999 L 137/33
Where the final results of the analysis of the sample show
a difference between the alcoholic strength by volume ofthe alcohol to be removed and the minimum alcoholicstrength by volume stated in the notice of invitation totender, the following provisions shall apply:
(i) the intervention agency shall, the same day, inform
the Commission thereof in accordance with Annex II,as well as the storer and the successful tenderer;
(ii) the successful tenderer may:
¾either agree to take over the lot with its character-
istics as established, subject to the Commission’sagreement,
¾or refuse to take over the lot in question.
In either case, the successful tenderer shall, the same
day, inform the intervention agency and the Commis-sion thereof in accordance with Annex III.
Once these formalities have been completed, if he has
refused to take over the lot concerned, he shall be imme-diately released from all his obligations relating to thatlot.
2. Where the successful tenderer refuses the merchan-
dise, as provided for in paragraph 1, the interventionagency shall supply him with another quantity of alcoholof the requisite quality, at no extra charge, within amaximum of eight days.3. If physical removal of the alcohol is delayed by
more than five working days in relation to the date ofacceptance of the lot to be removed by the successfultenderer for reasons attributable to the interventionagency, the Member State shall be responsible for thepayment of compensation.
Article 9
Notwithstanding the first subparagraph of Article 36(2) of
Regulation (EEC) No 377/93, the alcohol contained inthe vats indicated in the communication from theMember States referred to in Article 36 of Regulation(EEC) No 377/93 and covered by the invitation to tenderreferred to in Article 1 of this Regulation may be substi-tuted by alcohol of the same type by the interventionagency holding the alcohol concerned in agreement withthe Commission, or mixed with other alcohol delivered tothe intervention agency until a removal order is issued forthat alcohol, in particular for logistical reasons.
Article 10
This Regulation shall enter into force on the day of its
publication 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, 31 May 1999.
For the Commission
Franz FISCHLER
Member of the Commission
EN Official Journal of the European Communities 1. 6. 1999 L 137/34
ANNEX I
INDIVIDUAL INVITATION TO TENDER No 264/1999 EC
I.Place of storage, volume and characteristics of the alcohol offered for sale
Member
StateLocationReference
number
of vatVolume in
hectolitres of
pure alcoholReference to
Regulation
(EEC)
No 822/87Type of alcohol
ITALY Dist. Bertolino SpA, Partinico (Pa) 13 500 35 Raw alcohol
Dist. Bertolino SpA, Partinico (Pa) 5 000 39 Raw alcohol
Dist. Enodistil SpA, Alcamo (Tp) 4 000 35 Raw alcohol
Dist. Enodistil SpA, Alcamo (Tp) 6 500 39 Raw alcohol
Dist. Russo Snc, S. Venerina (Ct) 1 400 35 Raw alcohol
Dist. Russo Snc, S. Venerina (Ct) 600 39 Raw alcohol
Dist. Gedis SpA, Marsala Bartolotta 4 000 35 Raw alcohol
Dist. Gedis SpA, Marsala Bartolotta 4 000 39 Raw alcohol
Dist. Kronion Srl, Contrada Scunchi-
pani (Ag)2 000 35 Raw alcohol
Dist. Kronion Srl, Contrada Scunchi-pani (Ag) 3 000 39 Raw alcohol
Dist. Trapas SpA, Marsala 1 200 35 Raw alcohol
Dist. Trapas SpA, Marsala 1 200 39 Raw alcohol
Dist. Balice Snc, Valenzano 5 000 35 Raw alcohol
Dist. Balice Snc, Valenzano 4 000 36 Raw alcohol
Dist. De Luca Sas, Via Trepuzzi (Le) 6 000 35 Raw alcohol
Dist. ICV Srl, Borgoricco 1 600 35 Raw alcohol
Dist. ICV Srl, Borgoricco 5 311 39 Raw alcohol
Dist. D.C.A. SpA, Castel San Giorgio 4 502 35 Raw alcohol
Dist. F. Palma SpA, S. Antimo 1 560 35 Raw alcohol
Dist. Sapis SpA, Castel San Giorgio 11 125 35 Raw alcohol
Dist. Trani SpA, Foggia, Via Manfre-domia 13 402 35 Raw alcohol
Dist. Trani SpA, Foggia, Via Manfre-domia 1 100 36 Raw alcohol
Total 100 000
EN Official Journal of the European Communities 1. 6. 1999 L 137/35
Any interested party may, on application to the intervention agency concerned and on payment of EUR 2,415
per litre, obtain samples of the alcohol offered for sale. Such samples shall be taken by a representative of theintervention agency concerned.
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 100 000 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:
¾be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,
or
¾be submitted at the reception of the Loi 130 building of the European Commission, 130 rue de la
Loi/Wetstraat, 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 264/1999 EC
(alcohol), DG VI (E-2), to be opened only at the meeting of the group,' which itself must be enclosed in anenvelope addressed to the Commission.
4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 10 June 1999.5. Tenders must state the name and address of the tenderer and must:
(a) include a reference to individual sale by tender No 264/1999 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 final destination of the alcohol awarded and include proof of a commitment with anoperator for dehydration and use 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:
¾AIMA, via Palestro 81, I-00185 Roma (tel.: (6) 47 49 91; telex: 620331/620252/613003; fax: 445 39 40/
495 39 40).
This security must correspond to a sum of EUR 362 200.
EN Official Journal of the European Communities 1. 6. 1999 L 137/36
INDIVIDUAL INVITATION TO TENDER No 265/1999 EC
I.Place of storage, volume and characteristics of the alcohol offered for sale
Member
StateLocationReference
number
of vatVolume in
hectolitres of
pure alcoholReference to
Regulation
(EEC)
No 822/87Type of alcohol
ITALY Dist. Bonollo SpA, Anagni-Paduni 24 000 35 Raw alcohol
Dist. Bonollo SpA, Anagni-Paduni 7 000 36 Raw alcohol
Dist. Bonollo SpA, Anagni-Paduni 16 000 39 Raw alcohol
Dist. Caviro Scrl, Faenza 28 000 35 Raw alcohol
Dist. Caviro Scrl, Faenza 1 400 39 Raw alcohol
Dist. D’Auria SpA, Ortona (Ch) 7 000 35 Raw alcohol
Dist. D’Auria SpA, Ortona (Ch) 1 000 36 Raw alcohol
Dist. D’Auria SpA, Ortona (Ch) 900 39 Raw alcohol
Dist. SVA SpA, Ortona (Ch) 3 500 35 Raw alcohol
Dist. Di Lorenzo, Ponte Valleceppi 8 000 35 Raw alcohol
Dist. Di Lorenzo, Ponte Valleceppi 1 200 39 Raw alcohol
Dist. Bonollo U. SpA, Mestrino (Pd) 2 000 39 Raw alcohol
Total 100 000
Any interested party may, on application to the intervention agency concerned and on payment of EUR 2,415
per litre, obtain samples of the alcohol offered for sale. Such samples shall be taken by a representative of theintervention agency concerned.
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 100 000 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:
¾be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,
or
¾be submitted at the reception of the Loi 130 building of the European Commission, 130 rue de la
Loi/Wetstraat, B-1049 Brussels, between 11 a.m. and 12 noon on the date mentioned in point 4.
EN Official Journal of the European Communities 1. 6. 1999 L 137/37
3. Tenders must be enclosed in a sealed envelope marked ‘Tender for individual sale No 265/1999 EC
(alcohol), DG VI (E-2), to be opened only at the meeting of the group,' which itself must be enclosed in anenvelope addressed to the Commission.
4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 10 June 1999.5. Tenders must state the name and address of the tenderer and must:
(a) include a reference to individual sale by tender No 265/1999 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 final destination of the alcohol awarded and include proof of a commitment with anoperator for dehydration and use 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:
¾AIMA, via Palestro 81, I-00185 Roma (tel.: (6) 47 49 91; telex: 620331/620252/613003; fax: 445 39 40/
495 39 40).
This security must correspond to a sum of EUR 362 200.
EN Official Journal of the European Communities 1. 6. 1999 L 137/38
INDIVIDUAL INVITATION TO TENDER No 266/1999 EC
I.Place of storage, volume and characteristics of the alcohol offered for sale
Member
StateLocationReference
number
of vatVolume in
hectolitres of
pure alcoholReference to
Regulation
(EEC)
No 822/87Type of alcohol
ITALY Dist. Deta Srl, Barberino d’Elsa 1 500 35 Raw alcohol
Dist. Deta Srl, Barberino d’Elsa 900 39 Raw alcohol
Dist. Trentine Snc, Mezzolombardo 600 35 Raw alcohol
Dist. Trentine Snc, Mezzolombardo 900 39 Raw alcohol
Dist. Cipriani SpA, Chizzola di Ala 4 000 35 Raw alcohol
Dist. Cipriani SpA, Chizzola di Ala 3 000 39 Raw alcohol
Dist. Inga Srl, Alessandria 600 35 Raw alcohol
Dist. Mazzari SpA, Agata sul Santerno
(Ra)19 243 35 Raw alcohol
Dist. Mazzari SpA, Agata sul Santerno(Ra) 10 000 39 Raw alcohol
Dist. Neri Srl, Faenza 14 000 35 Raw alcohol
Dist. Neri Srl, Faenza 6 000 39 Raw alcohol
Dist. Tampieri SpA, Faenza 1 000 35 Raw alcohol
Dist. Villapana, Villapana 8 000 35 Raw alcohol
Dist. Vinal SpA, S. Giuletta 600 35 Raw alcohol
Dist. Distercoop Srl, Faenza 4 000 39 Raw alcohol
Dist. Saig SpA, Giulienova 25 657 39 Raw alcohol
Total 100 000
Any interested party may, on application to the intervention agency concerned and on payment of EUR 2,415
per litre, obtain samples of the alcohol offered for sale. Such samples shall be taken by a representative of theintervention agency concerned.
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.
EN Official Journal of the European Communities 1. 6. 1999 L 137/39
III.Submission of tenders
1. Tenders should be submitted for a quantity of 100 000 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:
¾be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,
or
¾be submitted at the reception of the Loi 130 building of the European Commission, 130 rue de la
Loi/Wetstraat. 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 266/1999 EC
(alcohol). DG VI (E-2), to be opened only at the meeting of the group,' which itself must be enclosed in anenvelope addressed to the Commission.
4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 10 June 1999.5. Tenders must state the name and address of the tenderer and must:
(a) include a reference to individual sale by tender No 266/1999 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 final destination of the alcohol awarded and include proof of a commitment with anoperator for dehydration and use 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:
¾AIMA, via Palestro 81, I-00185 Roma (tel.: (6) 47 49 91; telex: 620331/620252/613003; fax: 445 39 40/
495 39 40).
This security must correspond to a sum of EUR 362 200.
EN Official Journal of the European Communities 1. 6. 1999 L 137/40
ANNEX II
The only telex and fax numbers in Brussels to be used are:
DG VI (E-2) (for the attention of Mr Chiappone/Mr Innamorati):
¾telex: 22037 AGREC B,
22070 AGREC B (Greek characters),
¾fax: (32 2) 295 92 52.
ANNEX III
Communication of refusal or acceptance of lots under the individual invitation to tender for the
export of vinous alcohol opened by Regulation (EC) No 1148/1999
¾Name of the successful tenderer:
¾Date of award of contract:
¾Date of refusal or acceptance of the lot by the successful tenderer:
Lot NoQuantity in
hectolitresLocation
of alcoholReason for refusal or acceptance
to take over