Commission Regulation (EC) No 534/98 of 6 March 1998 opening individual invitations to tender for the sale for export of vinous alcohol
Date: 1998-03-06
Institutions: European Commission
Subjects: France, Spain, alcohol, award of contract, distillation, intervention agency

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7. 3. 98

COMMISSION REGULATION (EC) No 534/98

of 6 March 1998

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 in wine (1), as last amended by Regulation (EC) No
2087/97 (2),

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 (3),

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 operations referred to in Articles 35,
36 and 39 of Regulation (EEC) No 822/87 and held by
intervention agencies;

individual

invitations

Whereas
should be
opened for the export of vinous alcohol to certain Carib-
bean and Central American countries so as to guarantee
continuity of supplies to those countries and reduce the
Community stock of vinous alcohol;

to tender

Whereas a specific security should be provided for to
ensure that the alcohol is physically exported from the
customs territory of the Community and non-compliance
with the date laid down for export should be progressively
penalised; whereas this security must be independent of
the performance guarantee ensuring that the alcohol is
removed from storage and the awarded alcohol is used for
the purposes laid down;

Whereas Commission Regulation (EEC) No 2192/93 (6),
concerning the operative events
the agricultural
conversion rates used in the wine sector and amending
Regulation (EEC) No 377/93, specifies the agricultural
conversion rates to be used to convert the payments and
securities provided for in connection with individual in-
vitations to tender into national currency;

for

(1) OJ L 84, 27. 3. 1987, p. 1.
(2) OJ L 292, 25. 10. 1997, p. 1.
(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 196, 5. 8. 1993, p. 19.

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

Four sales by individual invitation to tender Nos 241/98
EC, 242/98 EC, 243/98 EC and 244/98 EC shall be held
for a total quantity of 200 000 hectolitres of alcohol
obtained from the distillation operations referred to in
Articles 35 and 36 of Regulation (EEC) No 822/87 and
held by the Spanish and French intervention agencies.

Each of the individual invitations to tender Nos 241/98
EC, 242/98 EC, 243/98 EC and 244/98 EC shall cover a
quantity of 50 000 hectolitres of 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:

— in the case of individual invitations to tender Nos
241/98 EC, and 242/98 EC one of the following
third countries:

— Costa Rica,
— Guatemala,
— Honduras, including the Swan Islands,
— El Salvador,
— Nicaragua,

— in the case of individual invitations to tender Nos
243/98 EC and 244/98 EC one of the following
third countries:

— St Kitts and Nevis,
— Bahamas,
— Dominican Republic,
— Antigua and Barbuda,
— Dominica,
— British Virgin Islands and Montserrat,
— Jamaica,
— Saint Lucia,
— Saint Vincent, including the Northern Gren-

adines,
— Barbados,
— Trinidad and Tobago,
— Belize,

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— Grenada, including the Southern Grenadines,

— Aruba,

— Netherlands Antilles (Curaç˜ao, Bonaire, Saint
Eustace, Saba and the southern part of Saint
Martin),

— Guyana,

— United States Virgin Islands,

— Haiti,

— must be used only as motor fuel.

there is a removal order under each of the invitations to
tender referred to in Article 1 of this Regulation.

This guarantee shall be released only by the intervention
agency holding the alcohol for each quantity of alcohol
for which proof has been furnished that
it has been
exported within the time limit laid down in Article 6 of
this 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 been
complied with, the guarantee to ensure export of ECU 5
per hectolitre of alcohol at 100 % volume shall be forfeit
as follows:

Article 3

(a) 15 % in all cases;

location and reference numbers of

The
vats
concerned, the quantity of alcohol contained in each vat,
the
the alcoholic strength and the characteristics of
alcohol as well as certain specific conditions are given in
Annex I hereto.

the

(b) 0,33 % of the amount remaining after deduction of
the 15 %, for each day the time limit in question is
exceeded.

The performance guarantee shall be ECU 25 per

3.
hectolitre of alcohol at 100 % volume.

Article 4

This guarantee shall be released in accordance with
Article 34(3)(b) of Regulation (EEC) No 377/93.

The sales shall take place in accordance with Articles 13
to 18 and 30 to 38 of Regulation (EEC) No 377/93.

However, notwithstanding Article 15 of Regulation (EEC)
No 377/93, the final date for the submission of tenders
for the invitations to tender referred to in this Regulation,
shall fall between the eighth and the 25th day following
the date of publication of the individual invitations to
tender.

Article 5

1.
The tendering security referred to in Article 15 of
Regulation (EEC) No 377/93 shall be ECU 3,622 per
hectolitre of alcohol at 100 % volume and shall be lodged
for the total quantity of alcohol offered for sale in each of
the invitations to tender referred to in Article 1.

Maintenance of the tender after the time limit for sub-
mitting tenders and the lodging of a guarantee to ensure
export and of a performance guarantee shall constitute the
primary requirements within the meaning of Article 20 of
Commission Regulation (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 im-
mediately if the tender is not accepted or if the successful
tenderer had lodged the entire guarantee to ensure export
and the entire performance guarantee for the invitation to
tender in question.

2.
to
The guarantee to ensure export shall amount
ECU 5 per hectolitre of alcohol at 100 % volume and
shall be lodged for each quantity of alcohol for which

(1) OJ L 205, 3. 8. 1985, p. 5.

4. Notwithstanding Article 17 of Regulation (EEC) No
377/93, the guarantees on export and performance shall
be lodged simultaneously with each intervention agency
concerned, for each of the invitations to tender referred to
in Article 1 of this Regulation not later than the day of
issue of a removal order for the quantity of alcohol
concerned.

5.
The agricultural conversion rate to be applied for the
conversion into national currency shall be that in force on
the final day for the submission of tenders for the invita-
tion in question in the case of the guarantee to ensure
export, as expressed in ecus per hl at 100 % volume.

Article 6

1.
The alcohol awarded under the invitations to tender
referred to in Article 1 shall be exported by 31 August
1998 at the latest.

The alcohol awarded shall be used within two years

2.
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 must
include an undertaking by the tenderer to the effect that
the alcohol will be sent to that destination and used for
that purpose. The tender shall also include proof that the
tenderer has binding commitments with an operator in
the motor fuel sector in one of the third countries listed
in Article 2 who has undertaken to dehydrate the alcohol
awarded in one of those countries and to export it for use
solely as motor fuel.

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Article 8

Article 9

Before the awarded alcohol is removed, the interven-
1.
tion agency and the successful
take a
reference sample and shall analyse that sample to verify
the alcoholic strength expressed in % volume of the
alcohol in question.

tenderer shall

Where the final results of the analysis of the sample show
a difference between the alcoholic strength by volume of
the alcohol to be removed and the minimum alcoholic
strength by volume stated in the notice of invitation to
tender, 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:

— either agree to take over the lot with its character-
istics as established, subject to the Commission’s
agreement,

— or 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 im-
mediately released from all his obligations relating to that
lot.

tenderer

2. Where the successful
the mer-
chandise, as provided for in paragraph 1, the intervention
agency shall supply him with another quantity of alcohol
the requisite quality, at no extra charge, within a
of
maximum of eight days.

refuses

If physical removal of the alcohol

3.
is delayed by
more than five working days in relation to the date of
acceptance of the lot to be removed by the successful
tenderer
reasons attributable to the intervention
agency, the Member State shall be responsible for the
payment of compensation.

for

1.
Successful tenderers for the individual invitations to
tender Nos 241/98 EC, and 242/98 EC may, by common
agreement, exchange an equal quantity of alcohol stored
in the designated vats in the same Member State for the
purposes provided for in those invitations to tender.

2.
Successful tenderers for the individual invitations to
tender Nos 243/98 EC and 244/98 EC may, by common
agreement, exchange an equal quantity of alcohol stored
in the designated vats in the same Member State for the
purposes provided for in those invitations to tender.

3.
Such exchange shall not affect the obligations of the
tenderers concerned, particularly as regards the price to be
paid and the time limit for removal and use of the alcohol
awarded to them indicated in the invitation to tender
concerned.

Successful

tenderers who wish to make such an
4.
exchange must give prior notice to the intervention agen-
cies concerned.

5.
If such exchange affects the planned timetable for
timetable shall
the alcohol,
physical
immediately be amended and that amendment notified to
the Commission.

removal of

that

Article 10

Notwithstanding the first subparagraph of Article 36(2) of
Regulation (EEC) No 377/93, the alcohol contained in
the vats
indicated in the communication from the
Member States referred to in Article 36 of Regulation
(EEC) No 377/93 and covered by the invitation to tender
referred to in Article 1 of this Regulation may be substi-
tuted by alcohol of the same type by the intervention
agencies holding the alcohol concerned in agreement
with the Commission, or mixed with other alcohol de-
livered to the intervention agency until a removal order is
issued for that alcohol, in particular for logistical reasons.

Article 11

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, 6 March 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

INDIVIDUAL INVITATION TO TENDER No 241/98 EC

I. Place of storage, volume and characteristics of the alcohol offered for sale

Member State

Location

Reference
number of vat

Volume in
hectolitres of
pure alcohol

Reference to
Regulation
(EEC)
No 822/87

Type of alcohol

SPAIN

Villarrobledo

Tomelloso

13

5

15 978

35 + 36

Raw alcohol

34 022

35 + 36

Raw alcohol

Total

50 000

Any interested party may, on application to the intervention agency concerned and on payment of ECU
2,415 per litre or the equivalent thereof in Spanish pesetas, obtain samples of the alcohol offered for sale.
Such samples shall be taken by a representative of the intervention 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 de-
hydrated 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.

1. Tenders should be submitted for a quantity of 50 000 hectolitres of alcohol, expressed in hectolitres of

alcohol at 100 % vol.

III. Submission of tenders

Any tender relating to a smaller quantity will not be considered.

2. Tenders must:

— be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,

or

— be 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 241/98 EC
(alcohol), DG VI (E-2), to be opened only at the meeting of the group’, which itself must be enclosed in
an envelope addressed to the Commission.

4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 23 March 1998.

5. Tenders must state the name and address of the tenderer and must:

(a) include a reference to individual sale by tender No 241/98 EC;

(b) specify the price tendered, expressed in ecus 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 an
operator 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:

— FEGA, Beneficencia 8, E-28004 Madrid (tel.: 347 65 00, telex: 23427 FEGA, fax: 521 98 32).

This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.

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INDIVIDUAL INVITATION TO TENDER No 242/98 EC

I. Place of storage, volume and characteristics of the alcohol offered for sale

Member State

Location

Reference
number of vat

Volume in
hectolitres of
pure alcohol

Reference to
Regulation
(EEC)
No 822/87

Type of alcohol

SPAIN

Villarrobledo

Tomelloso

23

5

17 898

35 + 36

Raw alcohol

32 102

35 + 36

Raw alcohol

Total

50 000

Any interested party may, on application to the intervention agency concerned and on payment of ECU
2,415 per litre or the equivalent thereof in Spanish pesetas, obtain samples of the alcohol offered for sale.
Such samples shall be taken by a representative of the intervention 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 de-
hydrated 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.

1. Tenders should be submitted for a quantity of 50 000 hectolitres of alcohol, expressed in hectolitres of

alcohol at 100 % vol.

III. Submission of tenders

Any tender relating to a smaller quantity will not be considered.

2. Tenders must:

— be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,

or

— be 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 242/98 EC
(alcohol), DG VI (E-2), to be opened only at the meeting of the group’, which itself must be enclosed in
an envelope addressed to the Commission.

4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 23 March 1998.

5. Tenders must state the name and address of the tenderer and must:

(a) include a reference to individual sale by tender No 242/98 EC;

(b) specify the price tendered, expressed in ecus 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 an
operator 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:

— FEGA, Beneficencia 8, E-28004 Madrid (tel.: 347 65 00, telex: 23427 FEGA, fax: 521 98 32).

This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.

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INDIVIDUAL INVITATION TO TENDER No 243/98 EC

I. Place of storage, volume and characteristics of the alcohol offered for sale

Member State

Location

Reference
number of vat

Volume in
hectolitres of
pure alcohol

Reference to
Regulation
(EEC)
No 822/87

Type of alcohol

FRANCE

Port-la-Nouvelle
BP 62, avenue
Adolphe Turrel
11200 Port-la-Nouvelle

Deulep
Boulevard Chanzy
30800 Saint-Gilles-du-
Gard

1

48 290

35 + 36

Raw alcohol
+ 92 %

605

1 710

35 + 36

Raw alcohol
+ 92 %

Total

50 000

Any interested party may, on application to the intervention agency concerned and on payment of ECU
2,415 per litre or the equivalent thereof in French francs, obtain samples of the alcohol offered for sale. Such
samples shall be taken by a representative of the intervention 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 de-
hydrated 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.

1. Tenders should be submitted for a quantity of 50 000 hectolitres of alcohol, expressed in hectolitres of

alcohol at 100 % vol.

III. Submission of tenders

Any tender relating to a smaller quantity will not be considered.

2. Tenders must:

— be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,

or

— be 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 243/98 EC
(alcohol), DG VI (E-2), to be opened only at the meeting of the group’, which itself must be enclosed in
an envelope addressed to the Commission.

4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 23 March 1998.

5. Tenders must state the name and address of the tenderer and must:

(a) include a reference to individual sale by tender No 243/98 EC;

(b) specify the price tendered, expressed in ecus 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 an
operator 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:

— SAV, zone industrielle, avenue de la Ballastière, boîte postale 231, F-33505 Libourne Cedex (tel.: (05)

57 55 20 00; telex: 572 025; fax:

(05) 57 55 20 59).

This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.

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INDIVIDUAL INVITATION TO TENDER No 244/98 EC

I. Place of storage, volume and characteristics of the alcohol offered for sale

Member State

Location

Reference
number of vat

Volume in
hectolitres of
pure alcohol

Reference to
Regulation
(EEC)
No 822/87

Type of alcohol

FRANCE

Deulep
Boulevard Chanzy
30800 Saint-Gilles-du-
Gard

603
228
605
71

Total

35 + 36
35 + 36
35 + 36
35 + 36

Raw alcohol + 92 %
Raw alcohol + 92 %
Raw alcohol + 92 %
Raw alcohol + 92 %

8 765
13 055
7 015
21 165

50 000

Any interested party may, on application to the intervention agency concerned and on payment of ECU
2,415 per litre or the equivalent thereof in French francs, obtain samples of the alcohol offered for sale. Such
samples shall be taken by a representative of the intervention 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 de-
hydrated 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.

1. Tenders should be submitted for a quantity of 50 000 hectolitres of alcohol, expressed in hectolitres of

alcohol at 100 % vol.

III. Submission of tenders

Any tender relating to a smaller quantity will not be considered.

2. Tenders must:

— be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,

or

— be 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 244/98 EC
(alcohol), DG VI (E-2), to be opened only at the meeting of the group’, which itself must be enclosed in
an envelope addressed to the Commission.

4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 23 March 1998.

5. Tenders must state the name and address of the tenderer and must:

(a) include a reference to individual sale by tender No 244/98 EC;

(b) specify the price tendered, expressed in ecus 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 an
operator 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:

— SAV, zone industrielle, avenue de la Ballastière, boîte postale 231, F-33505 Libourne Cedex (tel.: (05)

57 55 20 00; telex: 572 025; fax:

(05) 57 55 20 59).

This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.

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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 Van der Stappen)

— telex:

22037 AGREC B,
22070 AGREC B (Greek characters),

— fax:

(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 534/98

— Name of the successful tenderer:

— Date of award of contract:

— Date of refusal or acceptance of the lot by the successful tenderer:

Lot
No

Quantity
in hectolitres

Location
of alcohol

Reason for refusal or acceptance to
take over