Commission Regulation (EC) No 1007/2001 of 23 May 2001 opening tendering procedures for the sale of wine alcohol exclusively for use in third countries in the fuel sector
Date: 2001-05-23
Institutions: European Commission
Subjects: alcohol, award of contract, export, motor spirit, third country, viticulture

L 140/18

EN

Official Journal of the European Communities

24.5.2001

COMMISSION REGULATION (EC) No 1007/2001

of 23 May 2001

opening tendering procedures for the sale of wine alcohol exclusively for use in third countries in
the fuel sector

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 (EC) No 1493/1999 of 17
May 1999 on the common organisation of the market in
wine (1), as last amended by Regulation (EC) No 2826/2000 (2),

Having regard to Commission Regulation (EC) No 1623/2000
of 25 July 2000 laying down detailed rules for implementing
Regulation (EC) No 1493/1999 on the common organisation
of the market in wine with regard to market mechanisms (3), as
last amended by Regulation (EC) No 545/2001 (4), and in
particular Article 86 thereof,

Two tendering procedures Nos 298/2001 EC and 299/2001
EC are hereby opened for the sale of a total volume of 191 000
hectolitres of alcohol exclusively for use in the fuel sector in
third countries. The alcohol concerned was produced from
distillation under Articles 35 and 36 of Regulation (EEC) No
822/87, as well as Articles 27 and 28 of Regulation (EC) No
1493/1999, and is held by the French and Spanish intervention
agencies.

Tendering procedure No 298/2001 EC shall cover a volume of
100 000 hectolitres of alcohol at 100 % vol, and the tendering
procedure No 299/2001 EC shall cover a volume of 91 000
hectolitres of alcohol at 100 % vol.

Whereas:

Article 2

Regulation (EC) No 1623/2000 lays down, inter alia, the
detailed rules for disposing of stocks of alcohol arising
from distillation under Articles 27, 28 and 30 of Regula-
tion (EC) No 1493/1999 held by intervention agencies.

The alcohol put up for sale for export from the European
Community shall be imported into one of the third countries
listed in Article 86 of Regulation (EC) No 1623/2000 and must
be used in accordance with that Article.

Tendering procedures should be opened for the sale of
wine alcohol for export to the third countries listed in
Article 86 of Regulation (EC) No 1623/2000 exclusively
for use in the fuel sector in a third country, with a view
to reducing stocks of wine alcohol of Community origin
and giving the third countries listed in this Article
greater continuity of
supply. The wine alcohol of
Community origin in storage in the Member States
consists of quantities produced from distillation under
Articles 35, 36 and 39 of Council Regulation (EEC) No
822/87 of 16 March 1987 on the common organisation
of the market in wine (5), as last amended by Regulation
(EC) No 1677/1999 (6), as well as Articles 27 and 28 of
Regulation (EC) No 1493/1999.

Since the adoption of Council Regulation (EC) No 2799/
98 of 15 December 1998 establishing agrimonetary
arrangements for the euro (7),
the prices offered in
tenders and securities must be expressed in euros and
payments must be made in euros.

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

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 328, 23.12.2000, p. 2.
(3) OJ L 194, 31.7.2000, p. 45.
(4) OJ L 81, 21.3.2001, p. 21.
(5) OJ L 84, 27.3.1987, p. 1.
(6) OJ L 199, 30.7.1999, p. 8.
(7) OJ L 349, 24.12.1998, p. 1.

Article 3

The place of storage, the vat numbers, the volume of alcohol in
each vat, the alcoholic strength and the characteristics of the
alcohol, certain specific conditions, as well as the address of the
Commission department responsible for receiving tenders shall
be as set out in Annex I to this Regulation.

Article 4

The sale shall be conducted in accordance with Articles 87, 88,
89, 90, 91, 95, 96, 100, 101 and 102 of Regulation (EC) No
1623/2000 and Article 2 of Regulation (EC) No 2799/98.

Article 5

The minimum price which may be offered shall be EUR 7,5
per hectolitre of alcohol at 100 % vol. for tendering procedure
No 298/2001 EC and EUR 7,5 per hectolitre of alcohol at
100 % vol. for tendering procedure No 299/2001 EC.

Article 6

1.
Physical removal of the alcohol from the storehouses of
each of the intervention agencies concerned must be completed
no later than 31 January 2002.

2.
The alcohol awarded under the tendering procedures
referred to in Article 1 of this Regulation must be exported no
later than 28 February 2002.

(1)

(2)

(3)

(4)

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Official Journal of the European Communities

L 140/19

To be eligible for consideration, tenders shall entail presentation of the undertakings and documents listed
in Annex II to this Regulation and must comply with Articles 88 and 97 of Regulation (EC) No 1623/2000.

Article 7

The formalities for sampling shall be as set out in Articles 91 and 98 of Regulation (EC) No 1623/2000.

Article 8

The export security shall be EUR 3 per hectolitre of alcohol at 100 % vol.

Article 9

The Commission department referred to in Article 91(5) of Regulation (EC) No 1623/2000 shall be that
indicated in Annex III to this Regulation.

Article 10

This Regulation shall enter into force on the day of its publication in the Official Journal of the European
Communities.

Article 11

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission

L 140/20

EN

Official Journal of the European Communities

24.5.2001

ANNEX I

TENDERING PROCEDURE No 298/2001 EC FOR THE SALE OF ALCOHOL EXCLUSIVELY FOR USE IN THE
FUEL SECTOR IN A THIRD COUNTRY

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

Member State

Location

Vat No

Volume in hectolitres
of alcohol at 100 %
volume

Regulation
(EEC) No 822/87
Article

Type of alcohol

FRANCE

Onivins-Port La Nouvelle
Av. Adolphe-Turrel
BP 62
F-11210 Port-La-Nouvelle

5
4
26
26
25
23
15
15

4 265
47 845
11 310
1 070
12 620
12 640
9 840
410

100 000

Total

27
27
36
35
36
36
36
35

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

On application to the intervention agency concerned, interested parties may obtain samples of the alcohol put up for sale,
taken by a representative of the intervention agency concerned, against payment of EUR 10 per litre.

II. Destination and use of the alcohol

The alcohol put up for sale is intended for export from the Community. It must be imported into and dehydrated in one
of the third countries listed in Article 86 of Regulation (EC) No 1623/2000 exclusively for use in the fuel sector in a third
country.

Proof of the destination and use of the alcohol shall be supplied to the intervention agency concerned by an international
surveillance firm.

The cost of providing such proof shall be borne by the successful tenderer.

1. Tenders shall relate to 100 000 hectolitres of alcohol expresses in hectolitres of alcohol at 100 % vol.

III. Sumission of tenders

Tenders for smaller volumes shall not be eligible for consideration.

2. Tenders must:

— either be sent by registered mail to the Commission of the European Communities, rue de la Loi/Wetstraat 200,

B-1049 Brussels,

— or delivered to the reception of building ‘Loi 130’ of the Commission of the European Communities, rue de la

Loi/Wetstraat 130, B-1049 Brussels, between 11.00 and 12.00 on the date mentioned in point 4.

3. Tenders shall be submitted in a sealed double envelope, the inside envelope marked:

‘Tender under procedure No
298/2001 EC, sale of alcohol, exclusively for use in the fuel sector in third countries — Alcohol, DG AGRI/D/4 — Not
to be opened until the meeting of the group opening the tenders’, the outer envelope addressed to the Commission.

4. Tenders must reach the Commission not later than 12 noon Brussels time on 5 June 2001.

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

(a) the reference number of the tendering procedure for the sale of alcohol exclusively for use in third countries in the

fuel sector,

i.e. 298/2001 EC;

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

(c) all the undertakings, documents and statements provided for in Articles 88 and 97 of Regulation (EC) No

1623/2000 and in Annex II to this Regulation.

6. Tenders must be accompanied by a receipt certifying the lodging of a tendering security, issued by the following

intervention agency:

Onivins-Libourne, Délégation nationale, 17 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).

Securities shall be for EUR 400 000.

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Official Journal of the European Communities

L 140/21

TENDERING PROCEDURE No 299/2001 EC FOR THE SALE OF ALCOHOL EXCLUSIVELY FOR USE IN THIRD
COUNTRIES IN THE FUEL SECTOR

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

Member State

Location

Vat No

Volume in hectolitres
of alcohol at 100 %
volume

Regulation
(EEC) No 822/87 and
(EC) No 1493/1999
Article

Type of alcohol

SPAIN

Tarancón

Tarancón

Tarancón

Tomelloso

Tomelloso

Tomelloso

Tomelloso

A-6

A-8

B-4

1

2

5

5

24 225

24 407

24 841

910

9 239

3 674

3 704

91 000

Total

35 + 36

35 + 36

35 + 36

35 + 36

35 + 36

35 + 36

27 + 28

raw

raw

raw

raw

raw

raw

raw

On application to the intervention agency concerned, interested parties may obtain samples of the alcohol put up for sale,
taken by a representative of the intervention agency concerned, against payment of EUR 10 per litre.

II. Destination and use of the alcohol

The alcohol put up for sale is intended for export from the Community. It must be imported into and dehydrated in one
of the third countries listed in Article 86 of Regulation (EC) No 1623/2000 exclusively for use in the fuel sector in a third
country.

Proof of the destination and use of the alcohol shall be supplied to the intervention agency concerned by an international
surveillance firm.

The cost of providing such proof shall be borne by the successful tenderer.

1. Tender shall relate to 91 000 hectolitres of alcohol expressed in hectolitres of alcohol at 100 % vol.

III. Submission of tenders

Tenders for smaller volumes shall not be eligible for consideration.

2. Tenders must:

— either be sent by registered mail to the Commission of the European Communities, rue de la Loi/Wetstraat 200,

B-1049 Brussels,

— or delivered to the reception of building ‘Loi 130’ of the Commission of the European Communities, rue de la

Loi/Wetstraat 130, B-1049 Brussels, between 11.00 and 12.00 on the date mentioned in point 4.

3. Tenders shall be submitted in a sealed double envelope, the inside envelope marked:

‘Tender under procedure No
299/2001 EC, sale of alcohol, exclusively for use in the fuel sector in third countries — Alcohol, DG AGRI/D/4 — Not
to be opened until the meeting of the group opening the tenders’, the outer envelope addressed to the Commission.

4. Tenders must reach the Commission not later than 12 noon Brussels time on 5 June 2001.

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

(a) the reference number of the tendering procedure for the sale of alcohol exclusively for use in third countries in the

fuel sector,

i.e. 299/2001 EC;

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

(c) all the undertakings, documents and statements provided for in Articles 88 and 97 of Regulation (EC) No

1623/2000 and in Annex II to this Regulation.

6. Tenders must be accompanied by a receipt certifying 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).

Securities shall be for EUR 364 000.

L 140/22

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Official Journal of the European Communities

24.5.2001

ANNEX II

List of undertakings and documents to be supplied by tenderers when submitting their tenders:

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

2. Indication of the place of final use of the alcohol and an undertaking by the tenderer to comply with that destination.

3. Proof, dated after the entry into force of this Regulation, that the tenderer has binding commitments to an operator in
the fuel sector in one of the third countries listed in Article 86 of Regulation (EC) No 1623/2000. The operator
concerned must undertake to dehydrate the awarded alcohol in one of those countries and to export it exclusively for
use in the fuel sector.

4. Tenders must also give the name and address of the tenderer, the reference of the notice of invitation to tender and the

price offered, expressed in euro per hectolitre of alcohol at 100 % vol.

5. An undertaking from the tenderer to comply with all the rules relating to the tendering procedure in question.

6. A statement by the tenderer waiving all claims in respect of the quality and characteristics of any alcohol awarded,
agreeing to submit to any checks made on the destination and use of the alcohol and accepting responsibility for
providing evidence that the alcohol

is used as specified in this notice of invitation to tender.

ANNEX III

The only numbers to be used in Brussels are:

DG AGRI/D/4 (for the attention of Mr Chiappone or Mr Innamorati):

— telex

22037 AGREC B,
22070 AGREC B (Greek characters)

— fax

(32-2) 295 92 52.