Commission Regulation (EC) No 2418/1999 of 12 November 1999 opening individual invitations to tender for the sale for export of vinous alcohol
Date: 1999-11-12
Institutions: European Commission
Subjects: alcohol, award of contract, export, sale, third country

13. 11. 1999

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COMMISSION REGULATION (EC) No 2418/1999

of 12 November 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 1677/1999 (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),

Four sales by individual invitation to tender Nos 270/99 EC,
272/99 EC, 273/99 EC and 274/99 EC shall be held for a total
quantity of 400 000 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 270/99 EC,
272/99 EC, 273/99 EC and 274/99 EC shall cover a quantity
of 100 000 hectolitres of alcohol at 100 % volume.

Whereas:

(1)

(2)

(3)

(4)

(5)

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 to tender should be opened for the
to certain Caribbean and
export of vinous alcohol
to guarantee
Central American countries
continuity of supplies to those countries and reduce the
Community stock of vinous alcohol;

so as

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;

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

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 199, 30.7.1999, p. 8.
(3) OJ L 346, 15.12.1988, p. 7.
(4) OJ L 43, 20.2.1993, p. 6.
(5) OJ L 198, 25.7.1997, p. 4.
(6) OJ L 349, 24.12.1998, p. 1.

Article 2

The alcohol offered for sale:

— shall be for export outside the European Community,

— must be imported into and dehydrated in one of

the

following third countries:

— Costa Rica,

— Guatemala,

— Honduras,

including the Swan Islands,

— El Salvador,

— Nicaragua,

— St Kitts and Nevis,

— Bahamas,

— Dominican Republic,

— Antigua and Barbuda,

— Dominica,

— British Virgin Islands and Montserrat,

— Jamaica,

— Saint Lucia,

— Saint Vincent,

including the Northern Grenadines,

— Barbados,

— Trinidad and Tobago,

— Belize,

— Grenada,

including the Southern Grenadines,

— Aruba,

— Netherlands Antilles (Curação, Bonaire, Saint Eustace,

Saba and the southern part of Saint Martin),

— 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 30 June 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 following the entry into force of
this Regulation that the tenderer has binding commitments
with an operator in the motor fuel sector in one of the 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, 12 November 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

INDIVIDUAL INVITATION TO TENDER No 270/99 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)
Dist. Bonollo Spa, Anagni-Paduni (Fr)
Dist. Caviro Scrl, Faenza (Ra)
Dist. De Luca Spa, Lecce
Dist. SVA Spa, Ortona (Ch)
Dist. Di Lorenzo, Ponte Valleceppi (Pg)

34 000
16 000
30 000
5 000
5 000
10 000

35
36
35
35
35
35

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:

— 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 270/99 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 30 November 1999.

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

(a) include a reference to individual sale by tender No 270/99 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.

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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, I-00185 Roma (tel. (39-06) 47 49 91; telex 62 03 31/62 02 52/61 30 03; fax (39-06)

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 272/99 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

Bertolino SpA, Partinico (Pa)

Enodistil SpA, Alcamo (Tp)

Gedis SpA, Marsala (Tp)

Kronion Spa, Sciacca (Ag)

Trapas, Petrosino (Tp)

29 050
10 425
5 684
7 841

9 999
7 847
154

10 727
5 273

5 424
456
2 722
398

3 306
694

35 + 36
35 + 36
35 + 36
39

Neutral
Of good flavour + 92 %
Raw alcohol
neutral

35
39
35

35
39

35
36
39
35

Raw alcohol
Raw alcohol
Of good flavour + 92 %

Raw alcohol
Raw alcohol

Raw alcohol
neutral
Raw alcohol
Of good flavour + 92 %

35 + 36
39

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:

— 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 272/99 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 30 November 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 272/99 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, I-00185 Roma (tel. (39-06) 47 49 91; telex 62 03 31/62 02 52/61 30 03; fax (39-06)

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 273/99 EC

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

Member
State

SPAIN

Tarancón
Tomelloso
Tomelloso

Location

Reference
number of vat

Volume in
hectolitres of
pure alcohol

Reference to
Regulation
(EEC)
No 822/87

Type of alcohol

A-5
4
5

24 375
11 769
63 856

35 + 36
35 + 36
35 + 36

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

III. Submission of tenders

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 273/99 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 30 November 1999.

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

(a) include a reference to individual sale by tender No 273/99 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. (34) 913 47 65 00, telex 23427 FEGA, fax (34) 915 21 98 32).

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

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INDIVIDUAL INVITATION TO TENDER No 274/99 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
F-11210 Port-la-Nouvelle

2
3
12
21

41 269
47 315
1 796
9 620

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

Raw alcohol + 92 %
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.

1. Tenders should be submitted for a quantity of 100 000 hectolitres of alcohol, expressed in hectolitres of alcohol at

III. Submission of tenders

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 274/99 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 30 November 1999.

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

(a) include a reference to individual sale by tender No 274/99 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:

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

(33-5)

57 55 20 00; telex 57 20 25; fax (33-5) 57 55 20 59).

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.

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 2418/1999

— 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