Commission Regulation (EC) No 1148/1999 of 31 May 1999 opening individual invitations to tender for the sale for export of vinous alcohol
Date: 1999-05-31
Institutions: European Commission
Subjects: alcohol, award of contract, export, third country

1. 6. 1999

EN

Official Journal of the European Communities

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
the
market 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 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),

(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 operations
referred 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 be
opened for the export of vinous alcohol to certain
Caribbean and Central American countries so as to
guarantee continuity of supplies to those countries
and reduce the Community stock of vinous
alcohol;

(3) 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
is removed
from storage and the awarded alcohol is used for
the purposes laid down;

the alcohol

(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 and
payments must be made in euro;

(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.

(5) Whereas the measures provided for in this Regula-
tion are in accordance with the opinion of the
Management 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 a
total quantity of 300 000 hectolitres of alcohol obtained
from the distillation operations referred to in Articles 35,
36 and 39 of Regulation (EEC) No 822/87 and held by
the Italian intervention agency.

Each of the individual invitations to tender Nos 264/
99/EC, 265/99/EC and 266/99/EC shall cover a quantity
of 100 000 hectolitres of alcohol at 100 % volume.

Article 2

The alcohol offered for sale:

(cid:190) shall be for export outside the European Community,

(cid:190) must be imported into and dehydrated in one of the

following third countries:

(cid:190) Costa Rica,

(cid:190) Guatemala,

(cid:190) Honduras, including the Swan Islands,

(cid:190) El Salvador,

(cid:190) Nicaragua,

(cid:190) St Kitts and Nevis,

(cid:190) Bahamas,

(cid:190) Dominican Republic,

(cid:190) Antigua and Barbuda,

(cid:190) Dominica,

(cid:190) British Virgin Islands and Montserrat,

(cid:190) Jamaica,

(cid:190) Saint Lucia,

(cid:190) Saint Vincent, including the Northern Grenadines,

(cid:190) Barbados,

(cid:190) Trinidad and Tobago,

(cid:190) Belize,

(cid:190) Grenada, including the Southern Grenadines,

(cid:190) Aruba,

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1. 6. 1999

(cid:190) Netherlands Antilles

(Cura(cid:135)(cid:209)o, Bonaire, Saint
Eustace, Saba and the southern part of Saint
Martin),

(cid:190) Guyana,

(cid:190) United States Virgin Islands,

(cid:190) Haiti,

(cid:190) must be used only as motor fuel.

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 EUR 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

vats
The
concerned, the quantity of alcohol contained in each vat,
the alcoholic strength and the characteristics of
the
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 EUR 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, 30 to 34 and 36 to 38 of Regulation (EEC) No
377/93, 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 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 EUR 362 200 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 submit-
ting 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 imme-
diately 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.
The guarantee to ensure export shall be EUR 5 per
hectolitre of alcohol at 100 % volume and shall be lodged
for each quantity of alcohol for which there is a removal
order under each of the invitations to tender referred to in
Article 1 of this Regulation.

(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 the Italian intervention
agency 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.

Article 6

1.
The alcohol awarded under the invitations to tender
referred to in Article 1 shall be exported by 31 December
1999 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.

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 the
alcoholic strength expressed in % volume of the alcohol
in question.

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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:

(cid:190) either agree to take over the lot with its character-
istics as established, subject to the Commission’s
agreement,

(cid:190) 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 imme-
diately released from all his obligations relating to that
lot.

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

If physical removal of the alcohol

is delayed by
3.
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

Article 9

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
agency holding the alcohol concerned in agreement with
the Commission, or mixed with other alcohol delivered to
the intervention agency until a removal order is issued for
that 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

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Official Journal of the European Communities

1. 6. 1999

ANNEX I

INDIVIDUAL INVITATION TO TENDER No 264/1999 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

ITALY

Dist. Bertolino SpA, Partinico (Pa)

13 500

Dist. Bertolino SpA, Partinico (Pa)

Dist. Enodistil SpA, Alcamo (Tp)

Dist. Enodistil SpA, Alcamo (Tp)

Dist. Russo Snc, S. Venerina (Ct)

Dist. Russo Snc, S. Venerina (Ct)

Dist. Gedis SpA, Marsala Bartolotta

Dist. Gedis SpA, Marsala Bartolotta

Dist. Kronion Srl, Contrada Scunchi-
pani (Ag)

Dist. Kronion Srl, Contrada Scunchi-
pani (Ag)

Dist. Trapas SpA, Marsala

Dist. Trapas SpA, Marsala

Dist. Balice Snc, Valenzano

Dist. Balice Snc, Valenzano

Dist. De Luca Sas, Via Trepuzzi (Le)

Dist. ICV Srl, Borgoricco

Dist. ICV Srl, Borgoricco

Dist. D.C.A. SpA, Castel San Giorgio

Dist. F. Palma SpA, S. Antimo

Dist. Sapis SpA, Castel San Giorgio

Dist. Trani SpA, Foggia, Via Manfre-
domia

Dist. Trani SpA, Foggia, Via Manfre-
domia

5 000

4 000

6 500

1 400

600

4 000

4 000

2 000

3 000

1 200

1 200

5 000

4 000

6 000

1 600

5 311

4 502

1 560

11 125

13 402

1 100

Total

100 000

35

39

35

39

35

39

35

39

35

39

35

39

35

36

35

35

39

35

35

35

35

36

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

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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 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 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.

1. Tenders should be submitted for a quantity of 100 000 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:

(cid:190) be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,

or

(cid:190) 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 264/1999 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 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 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:

(cid:190) AIMA, 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.

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1. 6. 1999

INDIVIDUAL INVITATION TO TENDER No 265/1999 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

ITALY

Dist. Bonollo SpA, Anagni-Paduni

Dist. Bonollo SpA, Anagni-Paduni

Dist. Bonollo SpA, Anagni-Paduni

Dist. Caviro Scrl, Faenza

Dist. Caviro Scrl, Faenza

Dist. D’Auria SpA, Ortona (Ch)

Dist. D’Auria SpA, Ortona (Ch)

Dist. D’Auria SpA, Ortona (Ch)

Dist. SVA SpA, Ortona (Ch)

Dist. Di Lorenzo, Ponte Valleceppi

Dist. Di Lorenzo, Ponte Valleceppi

Dist. Bonollo U. SpA, Mestrino (Pd)

24 000

7 000

16 000

28 000

1 400

7 000

1 000

900

3 500

8 000

1 200

2 000

35

36

39

35

39

35

36

39

35

35

39

39

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

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 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 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.

1. Tenders should be submitted for a quantity of 100 000 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:

(cid:190) be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,

or

(cid:190) 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.

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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 an
envelope 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 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:

(cid:190) AIMA, 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.

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INDIVIDUAL INVITATION TO TENDER No 266/1999 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

ITALY

Dist. Deta Srl, Barberino d’Elsa

1 500

Dist. Deta Srl, Barberino d’Elsa

Dist. Trentine Snc, Mezzolombardo

Dist. Trentine Snc, Mezzolombardo

Dist. Cipriani SpA, Chizzola di Ala

Dist. Cipriani SpA, Chizzola di Ala

Dist. Inga Srl, Alessandria

Dist. Mazzari SpA, Agata sul Santerno
(Ra)

Dist. Mazzari SpA, Agata sul Santerno
(Ra)

Dist. Neri Srl, Faenza

Dist. Neri Srl, Faenza

Dist. Tampieri SpA, Faenza

Dist. Villapana, Villapana

Dist. Vinal SpA, S. Giuletta

Dist. Distercoop Srl, Faenza

900

600

900

4 000

3 000

600

19 243

10 000

14 000

6 000

1 000

8 000

600

4 000

Dist. Saig SpA, Giulienova

25 657

Total

100 000

35

39

35

39

35

39

35

35

39

35

39

35

35

35

39

39

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

Raw alcohol

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 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 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.

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1. Tenders should be submitted for a quantity of 100 000 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:

(cid:190) be sent by registered post to the European Commission, 200 rue de la Loi/Wetstraat, B-1049 Brussels,

or

(cid:190) 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 266/1999 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 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 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:

(cid:190) AIMA, 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.

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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 Innamorati):

(cid:190) telex:

(cid:190) fax:

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

(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

(cid:190) Name of the successful tenderer:

(cid:190) Date of award of contract:

(cid:190) 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