Commission Regulation (EC) No 1217/2000 of 9 June 2000 opening individual invitations to tender for the sale for export of vinous alcohol
Date: 2000-06-09
Institutions: European Commission
Subjects: alcohol, award of contract, distillation, export, intervention agency, management audit

L 139/4

EN

Official Journal of the European Communities

10.6.2000

COMMISSION REGULATION (EC) No 1217/2000

of 9 June 2000

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,

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),

Whereas:

Article 1

Two sales by individual invitation to tender Nos 288/2000 EC,
and 289/2000 EC shall be held for a total quantity of 150 000
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 intervention agency.

Each of the individual invitations to tender Nos 288/2000 EC
and 289/2000 EC shall cover a quantity of 75 000 hectolitres
of alcohol at 100 % volume.

(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.

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:

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

— Costa Rica,

— Guatemala,

— Honduras,

including the Swan Islands,

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
the
penalised. This security must be independent of
is
performance guarantee ensuring that
removed from storage and the awarded alcohol is used
for the purposes laid down.

the alcohol

— El Salvador,

— Nicaragua,

— St Kitts and Nevis,

— Bahamas,

— Dominican Republic,

— Antigua and Barbuda,

— Dominica,

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.

— British Virgin Islands and Montserrat,

— Jamaica,

— Saint Lucia,

— Saint Vincent,

including the Northern Grenadines,

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Wine,

— Barbados,

— Trinidad and Tobago,

— Belize,

(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.

— Grenada,

including the Southern Grenadines,

— Aruba,

— Netherlands Antilles (Curação, Bonaire, Saint Eustace,

Saba and the southern part of Saint Martin),

10.6.2000

EN

Official Journal of the European Communities

L 139/5

— Guyana,

— United States Virgin Islands,

— Haiti,

— must be used only as motor fuel.

Article 3

The location and reference numbers of the vats concerned, the
quantity of alcohol contained in each vat,
the alcoholic
strength and the characteristics of 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 3,622 per hectolitre of
alcohol 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:

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

(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.

The performance guarantee shall be EUR 25 per hecto-

3.
litre of alcohol at 100 % volume.

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

4.
Notwithstanding Article 17 of Regulation (EEC) No 377/
93, the guarantees on export and performance 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 December 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

in accordance with Annex II.

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
the
volume stated in the notice of
following provisions shall apply:

invitation to tender,

(i) the intervention agency shall, the same day,

inform the
Commission thereof in accordance with Annex III, 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.

L 139/6

EN

Official Journal of the European Communities

10.6.2000

In either case, the successful tenderer shall, the same day,
inform the intervention agency and the Commission thereof in
accordance with Annex IV.

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, 9 June 2000.

For the Commission

Franz FISCHLER

Member of the Commission

10.6.2000

EN

Official Journal of the European Communities

L 139/7

ANNEX I

INDIVIDUAL INVITATION TO TENDER No 288/2000 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

Tarancon

Tarancon

Tomelloso

Tomelloso

Tomelloso

A-3

A-4

1

3

5

12 292

35 and 36

Raw alcohol

24 617

35 and 36

Raw alcohol

10 674

35 and 36

Raw alcohol

18 574

35 and 36

Raw alcohol

8 843

35 and 36

Raw alcohol

Total

75 000

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 75 000 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 288/2000 EC (alcohol), DG
AGRI (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 21 June 2000.

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

(a) include a reference to individual sale by tender No 288/2000 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 271 650.

L 139/8

EN

Official Journal of the European Communities

10.6.2000

INDIVIDUAL INVITATION TO TENDER No 289/2000 EC

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

Member State

Location

SPAIN

Tarancon

Tarancon

Tomelloso

Tomelloso

Tomelloso

Reference
number of vat

Volume en
hectolitres of
pure alcohol

Reference
Regulation (EEC)
No 822/87

Type of alcohol

A-3

B-3

1

4

5

12 292

35 and 36

Raw alcohol

24 817

35 and 36

Raw alcohol

10 674

35 and 36

Raw alcohol

18 559

35 and 36

Raw alcohol

8 658

35 and 36

Raw alcohol

Total

75 000

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 75 000 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 289/2000 EC (alcohol), DG
AGRI (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 21 June 2000.

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

(a) include a reference to individual sale by tender No 289/2000 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 271 650.

10.6.2000

EN

Official Journal of the European Communities

L 139/9

ANNEX II

List of undertakings and documents to be produced by the tenderer on submission of tenders:

1. evidence that the tendering security has been lodged with each intervention agency;

2. the final destination of the alcohol and an undertaking by the tenderer to comply with this destination;

3. evidence, subsequent to 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 non-member countries listed in Article 2 of this Regulation. This
operator must undertake to dehydrate the alcohol awarded under the invitation to tender in one of these countries and
to export it for use as motor fuel;

4. tenders must include the name and address of the tenderer, the reference number of the notice of invitation to tender,

and the price proposed, expressed in euro per hectolitre of alcohol at 100 % volume;

5. an undertaking from the tenderer to the effect that he will comply with all the rules relating to the tendering procedure

in question;

6. a statement by the tenderer to the effect that he waives all claims in respect of the quality and characteristics of the
alcohol awarded to him, agrees to submit to any checks made on the destination and use of the alcohol and accepts
that it is his responsibility to provide evidence that the alcohol is used as specified in the notice of invitation to tender.

ANNEX III

The only telex and fax numbers in Brussels to be used are:

DG AGRI (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 1217/2000

ANNEX IV

— 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