CELEX: 31998R0533
Language: en
Date: 1998-03-06 00:00:00
Title: Commission Regulation (EC) No 533/98 of 6 March 1998 opening an individual sale by invitation to tender for the export of vinous alcohol held by the Portuguese intervention agency

L 67/8              ¬ EN ¬              Official Journal of the European Communities                                 7. 3. 98
                                      COMMISSION REGULATION (EC) No 533/98
                                                       of 6 March 1998
                  opening an individual sale by invitation to tender for the export of vinous
                                   alcohol held by the Portuguese intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Regulation (EEC) No 377/93, specifies the agricultural
                                                                  conversion rates to be used to convert the payments and
                                                                  securities provided for in connection with individual in-
Having regard to the Treaty establishing the European             vitations to tender into national currency;
Community,
                                                                  Whereas the measures provided for in this Regulation are
                                                                  in accordance with the opinion of the Management
Having regard to Council Regulation (EEC) No 822/87 of            Committee for Wine,
16 March 1987 on the common organisation of the
market in wine (1), as last amended by Regulation (EC) No
2087/97 (2),
                                                                  HAS ADOPTED THIS REGULATION:
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-                                  Article 1
tions referred to in Articles 35, 36 and 39 of Regulation
(EEC) No 822/87 and held by intervention agencies (3),            1. A total of 61 500 hl of alcohol obtained from distil-
                                                                  lation as provided for in Article 35 of Regulation (EEC)
                                                                  No 822/87 and held by the Portuguese intervention
Whereas Commission Regulation (EEC) No 377/93 (4), as             agency shall be sold by individual invitation to tender No
last amended by Regulation (EC) No 1448/97 (5), lays              240/98 EC.
down detailed rules for the disposal of alcohol obtained
from distillation as provided for in Articles 35, 36 and 39       2.    The alcohol offered for sale:
of Regulation (EEC) No 822/87 and held by intervention
agencies;                                                         — shall be for export outside the European Community,
                                                                  — must be imported into and dehydrated in one of the
                                                                      following third countries:
Whereas, in view of the cost of storing alcohol, a sale
should be organised by individual invitation to tender for            — Nicaragua,
alcohol of vinous origin obtained from distillation as
provided for in Article 35 of Regulation (EEC) No 822/87              — St Christopher and Nevis,
and held by the Portuguese intervention agencies;                     — Bahamas,
                                                                      — Dominican Republic,
Whereas the sale by invitation to tender should cover                 — Antigua and Barbuda,
alcohol of vinous origin from Community distillation                  — Dominica,
measures in Portugal for the 1995/96 and 1996/97 wine
years held by the Portuguese intervention agency, to be               — British Virgin Islands and Montserrat,
sent to certain countries in Central America and the                  — Jamaica,
Caribbean under the Caribbean Basin Initiative for use as
                                                                      — St Lucia,
motor fuel, in view of the possible outlets for such alcohol
and in order not to disturb the market for alcohol and                — St Vincent, including the Northern Grenadines,
spirituous beverages;                                                 — Barbados,
                                                                      — Trinidad and Tobago,
Whereas Commission Regulation (EEC) No 2192/93 ( ),        6          — Belize,
concerning the operative events for the agricultural                  — Costa Rica,
conversion rates used in the wine sector and amending
                                                                      — Guatemala,
(1) OJ L  84, 27. 3. 1987, p. 1.                                      — Honduras, including the Swan Islands,
(2) OJ L  292, 25. 10. 1997, p. 1.                                    — El Salvador,
(3) OJ L  346, 15. 12. 1988, p. 7.
(4) OJ L  43, 20. 2. 1993, p. 6.                                      — Grenada including the Southern Grenadines,
(5) OJ L  198, 24. 7. 1997, p. 4.
(6) OJ L  196, 5. 8. 1993, p. 19.                                     — Aruba,
 ---pagebreak--- 7. 3. 98           ¬ EN ¬             Official Journal of the European Communities                                  L 67/9
     — Netherlands Antilles: Curação, Bonaire, St Eustace,     This guarantee shall be released only by the intervention
        Saba and the southern part of St Martin,                agency holding the alcohol for each quantity of alcohol
                                                                for which proof has been furnished that it has been
     — Guyana,
                                                                exported within the time limit laid down in Article 5 of
     — Virgin Islands of the United States,                     this Regulation. Notwithstanding Article 23 of Regulation
                                                                (EEC) No 2220/85, and except in cases of force majeure,
— must be used only as motor fuel.                              where the time limit referred to in Article 5 has not been
                                                                complied with, the guarantee to ensure export of ECU 5
                                                                per hectolitre of alcohol at 100 % volume shall be forfeit
                                                                as follows:
                          Article 2
                                                                (a) 15 % in all cases;
The location and reference numbers of the vats
concerned, the quantity of alcohol contained in each vat,       (b) 0,33 % of the amount remaining after deduction of
the alcoholic strength and the characteristics of the               the 15 %, for each day the time limit in question is
alcohol as well as certain specific conditions are given in         exceeded.
Annex I hereto.
                                                                3. The performance guarantee shall be ECU 25 per
                                                                hectolitre of alcohol at 100 % volume.
                          Article 3
                                                                This guarantee shall be released in accordance with
The sales shall take place in accordance with Articles 13       Article 34(3)(b) of Regulation (EEC) No 377/93.
to 18 and 30 to 38 of Regulation (EEC) No 377/93.
                                                                4. Notwithstanding Article 17 of Regulation (EEC) No
However, notwithstanding Article 15 of Regulation (EEC)         377/93, the guarantees on export and performance shall
No 377/93, the final date for the submission of tenders         be lodged simultaneously with the intervention agency
for the invitation to tender referred to in this Regulation,    concerned, for the invitation to tender referred to in
shall fall between the eighth and the 25th day following        Article 1 of this Regulation not later than the day of issue
the date of publication of the individual invitation to         of a removal order for the quantity of alcohol concerned.
tender.
                                                                5. In the case of the guarantee to ensure export, as
                                                                expressed in ecus per hl at 100 % volume, the agricultural
                                                                conversion rate to be applied for the conversion into
                          Article 4
                                                                national currency shall be that in force on the final day
                                                                for the submission of tenders.
1. The tendering security referred to in Article 15 of
Regulation (EEC) No 377/93 shall be ECU 3,622 per
hectolitre of alcohol at 100 % volume and shall be lodged
for the total quantity of alcohol offered for sale in the                                Article 5
invitation to tender referred to in Article 1.
                                                                1. The alcohol awarded under the invitation to tender
Maintenance of the tender after the time limit for submit-      referred to in Article 1 shall be exported by 31 August
ting tenders and the lodging of a guarantee to ensure           1998 at the latest.
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           2. The alcohol awarded shall be used within two years
the tendering security.                                         from the date of first removal.
The tendering security lodged for the invitation to tender
referred to in Article 1 shall be released immediately if                                Article 6
the tender is not accepted or if the successful tenderer
had lodged the entire guarantee to ensure export and the
entire performance guarantee.                                   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
2. The guarantee to ensure export shall amount to               the alcohol will be sent to that destination and used for
ECU 5 per hectolitre of alcohol at 100 % volume and             that purpose. The tender shall also include proof that the
shall be lodged for each quantity of alcohol for which          tenderer has binding commitments with an operator in
there is a removal order under the invitation to tender         the motor fuel sector in one of the third countries listed
referred to in Article 1 of this Regulation.                    in Article 1 who has undertaken to dehydrate the alcohol
                                                                awarded in one of those countries and to export it for use
(1) OJ L 205, 3. 8. 1985, p. 5.                                 solely as motor fuel.
 ---pagebreak--- L 67/10              ¬ EN ¬             Official Journal of the European Communities                                  7. 3. 98
                            Article 7                             2. Where the successful tenderer refuses the merchan-
                                                                  dise, as provided for in paragraph 1, the intervention
1. Before the awarded alcohol is removed, the interven-           agency shall supply him with another quantity of alcohol
tion agency and the successful tenderer shall take a              of the requisite quality, at no extra charge, within a
reference sample and shall analyse that sample to verify          maximum of eight days.
the alcoholic strength expressed in % volume of the
alcohol in question.                                              3. If physical removal of the alcohol is delayed by
                                                                  more than five working days in relation to the date of
Where the final results of the analysis of the sample show        acceptance of the lot to be removed by the successful
a difference between the alcoholic strength by volume of          tenderer for reasons attributable to the intervention
the alcohol to be removed and the minimum alcoholic               agency, the Member State shall be responsible for the
strength by volume stated in Annex I the following provi-         payment of compensation.
sions shall apply:
                                                                                           Article 8
 (i) the intervention agency shall, the same day, inform
     the Commission thereof in accordance with Annex II,          Notwithstanding the first subparagraph of Article 36(2) of
     as well as the storer and the successful tenderer;           Regulation (EEC) No 377/93, the alcohol contained in
                                                                  the vats indicated in the communication from the
(ii) the successful tenderer may:
                                                                  Member States referred to in Article 36 of Regulation
     — either agree to take over the lot with its character-      (EEC) No 377/93 and covered by the invitation to tender
         istics as established, subject to the Commission’s       referred to in Article 1 of this Regulation may be substi-
         agreement,                                               tuted by alcohol of the same type by the intervention
     — or refuse to take over the lot in question.                agency holding the alcohol in agreement with the
                                                                  Commission, or mixed with other alcohol delivered to the
     In either case, the successful tenderer shall, the same      intervention agency until a removal order is issued for
     day, inform the intervention agency and the Commis-          that alcohol, in particular for logistical reasons.
     sion thereof in accordance with Annex III.
                                                                                           Article 9
Once these formalities have been completed, if he has
refused to take over the lot concerned, he shall be imme-         This Regulation shall enter into force on the day of its
diately released from all his obligations relating to that        publication in the Official Journal of the European
lot.                                                              Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 6 March 1998.
                                                                           For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
 ---pagebreak--- 7. 3. 98       ¬ EN ¬                Official Journal of the European Communities                                         L 67/11
                                                           ANNEX I
                               INDIVIDUAL INVITATION TO TENDER No 240/98 EC
                    I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                         Reference     Volume in     Reference to
            Member State             Location             number      hectolitres of  Regulation
                                                                                        (EEC)        Type of alcohol
                                                           of vat     pure alcohol
                                                                                      No 822/87
         PORTUGAL             Mealhada                      M1          5 747,23          35       raw
                                                            127           292,47          35       raw
                                                            326         2 203,87          35       raw
                                                            M2          5 780,99          35       raw
                                                            M3          9 579,15          35       raw
                                                            258         2 186,13          35       raw
                                                            259         2 236,08          35       raw
                                                            260         2 251,93          35       raw
                                                            289         2 238,94          35       raw
                                                            290         2 245,31          35       raw
                                                            301         2 202,83          35       raw
                                                            317         2 245,63          35       raw
                                                            322         2 678,63          35       raw
                                                            327         2 206,27          35       raw
                                                            328         2 164,53          35       raw
                                                            329         2 274,15          35       raw
                                                            332         2 238,28          35       raw
                                                            333         1 844,62          35       raw
                                                            341         2 235,35          35       raw
                                                            344         2 210,44          35       raw
                                                            345         2 227,14          35       raw
                                                            347         2 210,03          35       raw
                                              Total                    61 500
         Any interested party may, on application to the intervention agency concerned and on payment of ECU
         2,415 per litre or the equivalent thereof in Portuguese escudos, 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 de-
         hydrated in one of the non-member countries listed in Article 1(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 61 500 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 mail to the Commission of the European Communities, rue de la Loi/Wetstraat
                200, B-1049 Brussels, or
            — be submitted at the reception of the Loi 120 building of the Commission of the European Commun-
                ities, 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 240/98 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.
 ---pagebreak--- L 67/12       ¬ EN ¬                 Official Journal of the European Communities                                       7. 3. 98
        4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 23 March 1998.
        5. Tenders must state the name and address of the tenderer and must:
           (a) include a reference to individual sale by tender No 240/98 EC;
           (b) specify the price tendered, expressed in ecus 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,
               as well as the final destination of the alcohol awarded, and the proof referring to the engagement of an
               operator for dehydration and use solely in the motor fuel sector as provided for in Article 6 of this
               Regulation.
        6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
           following intervention agency:
           — IVV, R. Mouzinho da Silveira, 5, P-1200 Lisboa (tel.: 356 33 21; telex: 18508 IVV P; fax: 352 08 76).
           This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.
 ---pagebreak--- 7. 3. 98     ¬ EN ¬               Official Journal of the European Communities                            L 67/13
                                                       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 Van der Stappen)
         — telex:            22037 AGREC B,
                             22070 AGREC B (Greek characters),
         — fax:              (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 533/98
         — Name of the successful tenderer:
         — Date of award of contract:
         — Date of refusal or acceptance of the lot by the successful tenderer:
                Lot            Quantity         Location              Reason for refusal or acceptance to
                No          in hectolitres     of alcohol                          take over