Commission Regulation (EC) No 1730/1999 of 3 August 1999 opening individual invitations to tender for the sale for export of vinous alcohol
Date: 1999-08-03
Institutions: European Commission
Subjects: alcohol, award of contract, export, third country

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COMMISSION REGULATION (EC) No 1730/1999

of 3 August 1999

opening individual invitations to tender for the sale for export of vinous alcohol

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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 operations 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 agencies;

(2) Whereas individual

invitations to tender 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;

(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-compli-
ance 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
is used for the purposes laid down;
alcohol

(4) Whereas since Council Regulation (EC) No 2799/98 of
15 December 1998 on establishing agrimonetary
arrangements for the euro (6), tender prices and guaran-
tees must be expressed in euro and payments must be
made in euro;

(5) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Wine,

(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.

Five sales by individual invitation to tender Nos 267/99/EC,
268/99/EC, 269/99/EC, 270/99/EC and 271/99/EC shall be
held for a total quantity of 500 000 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, French and Spanish intervention agencies.

Each of the individual
invitations to tender Nos 267/99/EC,
268/99/EC, 269/99/EC, 270/99/EC and 271/99/EC shall cover
a quantity of 100 000 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 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 (Cura(cid:135)(cid:209)o, Bonaire, Saint Eustace,

Saba and the southern part of Saint Martin),

— Guyana,

— United States Virgin Islands,

— Haiti,

— must be used only as motor fuel.

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Article 3

The performance guarantee shall be EUR 25 per hecto-

3.
litre of alcohol at 100 % volume.

The location and reference numbers of the vats 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.

Article 4

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 Regula-
tion (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 submitting
tenders and the lodging of a guarantee to ensure export and of
a 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 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.

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,
force majeure, where the time limit
and except in cases of
referred to in Article 6 has not been complied with, the guar-
antee to ensure export of EUR 5 per hectolitre of alcohol at
100 % 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.

(1) OJ L 205, 3.8.1985, p. 5.

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 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.

Article 6

1.
The alcohol awarded under the invitations to tender
referred to in Article 1 shall be exported by 31 January 2000 at
the latest.

The alcohol awarded shall be used within two years from

2.
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 intervention
agency and the successful tenderer shall take a reference sample
and shall analyse that sample to verify the alcoholic strength
expressed 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 the
alcohol to be removed and the minimum alcoholic strength by
volume stated in the notice of
the
following provisions shall apply:

invitation to tender,

(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 characteristics
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 Commission thereof
in accordance with Annex III.

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Once these formalities have been completed, if he has refused
to take over the lot concerned, he shall be immediately released
from all his obligations relating to that lot.

2. Where the successful tenderer refuses the merchandise, 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

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 for reasons
attributable to the intervention agency, the Member State shall
be responsible for the payment of compensation.

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 substituted 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 publica-
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, 3 August 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

INDIVIDUAL INVITATION TO TENDER No 267/1999 EC

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

Member
State

FRANCE

Location

Reference
number
of vat

Volume in
hectolitres of
pure alcohol

Reference to
Regulation
(EEC) No 822/
87

Type of alcohol

Port la Nouvelle
Av. Adolphe Turrel
BP 62
11210 Port la Nouvelle

12
1
4

4 894
47 995
47 111

35 + 36
35 + 36
35 + 36

raw alcohol + 92 %
raw alcohol + 92 %
raw alcohol + 92 %

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.

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:

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

— be submitted at the reception of the Loi 130 building of the European Commission, rue de la Loi/Wetstraat

130, 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 267/1999 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 27 August 1999.

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

(a) include a reference to individual sale by tender No 267/1999 EC;

(b) specify the price tendered, expressed in euro per hectolitre of alcohol at 100 % vol;

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(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 Ballasti(cid:138)re, bo(cid:140)te postale 231, F-33505 Libourne Cedex (tel.:

(05) 57 55 20 00; telex: 572025; fax: (05) 57 55 20 59).

This security must correspond to a sum of EUR 362 200.

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INDIVIDUAL INVITATION TO TENDER No 268/1999 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

SPAIN

Villarrobledo

Villarrobledo

Villarrobledo

Villarrobledo

1

2

4

3

34 297

35 + 36

raw alcohol

17 344

35 + 36

raw alcohol

25 620

35 + 36

raw alcohol

22 739

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 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.

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:

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

— be submitted at the reception of the Loi 130 building of the European Commission, rue de la Loi/Wetstraat

130, 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 268/1999 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 27 August 1999.

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

(a) include a reference to individual sale by tender No 268/1999 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:

— FEGA, Beneficencia 8, E-28004 Madrid (tel.: 913 47 65 00, telex: 23427 FEGA, fax: 915 21 98 32).

This security must correspond to a sum of EUR 362 200.

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INDIVIDUAL INVITATION TO TENDER No 269/1999 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

SPAIN

Villarrobledo

3

19 157

Villarrobledo

Villarrobledo

13

15

35 492

30 020

39

39

39

raw alcohol

raw alcohol

raw alcohol

Tomelloso

5

15 331

35 + 36

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.

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:

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

— be submitted at the reception of the Loi 130 building of the European Commission, rue de la Loi/Wetstraat

130, 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 269/1999 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 27 August 1999.

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

(a) include a reference to individual sale by tender No 269/1999 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:

— FEGA, Beneficencia 8, E-28004 Madrid (tel.: 913 47 65 00, telex: 23427 FEGA, fax: 915 21 98 32).

This security must correspond to a sum of EUR 362 200.

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INDIVIDUAL INVITATION TO TENDER No 270/1999 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 (Fr)

34 000

Dist. Bonollo Spa — Anagni Paduni (Fr)

16 000

Dist. Caviro Scrl — Faenza (Ra)

Dist. De Luca Spa — Lecce

Dist. SVA Spa — Ortona (Ch)

30 000

5 000

5 000

Dist. Di Lorenzo — Ponte Valleceppi (Pg)

10 000

Total

100 000

35

36

35

35

35

35

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.

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:

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

— be submitted at the reception of the Loi 130 building of the European Commission, rue de la Loi/Wetstraat

130, 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 270/1999 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 27 August 1999.

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

(a) include a reference to individual sale by tender No 270/1999 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:

— AIMA, via Palestro 81,
445 39 40/495 39 40).

I-00185 Roma (tel.:

(6) 47 49 91; telex: 620331/620252/613003;

fax:

(06)

This security must correspond to a sum of EUR 362 200.

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INDIVIDUAL INVITATION TO TENDER No 271/1999 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. Cipriani Spa — Chizzola di Ala (Tn)

11 000

Dist. Mazzari Spa — S. Agata sul Santerno
(Ra)

Dist. Neri Srl — Faenza (Ra)

Dist. Villapana — Villapana (Ra)

Dist. Distercoop Srl — Faenza (Ra)

45 000

27 000

12 000

5 000

Total

100 000

35

35

35

35

39

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.

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:

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

— be submitted at the reception of the Loi 130 building of the European Commission, rue de la Loi/Wetstraat

130, 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 271/1999 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 27 August 1999.

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

(a) include a reference to individual sale by tender No 271/1999 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:

— AIMA, via Palestro 81,
445 39 40/495 39 40).

I-00185 Roma (tel.:

(6) 47 49 91; telex: 620331/620252/613003;

fax:

(06)

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):

— telex:

— fax:

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

(32 2) 295 92 52.

Communication of refusal or acceptance of lots under the individual invitation to tender for the export of
vinous alcohol opened by Regulation (EC) No 1730/1999

ANNEX III

— 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