CELEX: 31993R2246
Language: en
Date: 1993-08-11
Title: Commission Regulation (EEC) No 2246/93 of 10 August 1993 opening a sale by individual invitation to tender for the export of alcohol of vinous origin

11 . 8 . 93                              Official Journal of the European Communities                             No L 201 /5
                                         COMMISSION REGULATION (EEC) No 2246/93
                                                         of 10 August 1993
                     opening a sale by individual invitation to tender for the export of alcohol of
                                                            vinous origin
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        and securities under this invitation to tender into the
                                                                     national currencies ;
  Having regard to the Treaty establishing the European
                                                                     Whereas the measures provided for in this Regulation are
  Economic Community,
                                                                     in accordance with the opinion of the Management
                                                                     Committee for Wine,
  Having regard to Council Regulation (EEC) No 822/87 of
  16 March 1987 on the common organization of the
  market in wine ('), as last amended by Regulation (EEC)            HAS ADOPTED THIS REGULATION :
  No 1566/93 (2),
                                                                                                 Article 1
  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           1 . A sale by individual invitation to tender No 98/93
 tions referred to in Articles 35, 36 and 39 of Regulation           shall be held of a total quantity of 50 000 hectolitres of
                                                                     alcohol    at  100 %    vol   obtained from  distillation   as
 (EEC) No 822/87 and held by intervention agencies (3),
                                                                     provided for in Articles 35, 36 and 39 of Regulation (EEC)
                                                                     No 822/87 and comprising by-products from the manu­
 Whereas Commission Regulation (EEC) No 377/93 (4), as               facture of neutral alcohol of vinous origin.
 amended by Regulation (EEC) No 2192/93 C*), lays down
 detailed rules for the disposal of alcohol obtained from            2.     The alcohol put up for sale :
 distillation as provided for in Articles 35, 36 and 39 of
 Regulation (EEC) No 822/87 and held by intervention                 — shall be for export outside the European Economic
                                                                          Community to the Maghreb countries (Morocco,
 agencies ;
                                                                         Algeria and Tunisia),
                                                                    — must be rectified in the Community,
 Whereas substantial quantities of non-rectified alcohol
 comprising by-products from the manufacture of neutral             — must be used in the abovementioned countries solely
 alcohol of vinous origin are stored in France and Italy ;                for industrial purposes and/or in the cosmetics and/or
 whereas, on account of the cost of storage of such alcohol,             pharmaceutical industries ; use in the manufacture of
 an individual invitation to tender should be opened to                  spirituous beverages or vinegar shall be strictly pro­
                                                                         hibited.
 dispose of it ;
Whereas, on account of the high methanol content and                                             Article 2
 acidity of such alcohol, direct dehydration is impossible ;
                                                                    The      location   and   reference   numbers  of   the    vats
whereas, as a consequence, sales to the countries covered
 by the Caribbean basin initiative for end use as motor fuel        concerned, the quantity of alcohol in each vat, the alco­
would be uneconomical ;                                             holic strength of the alcohol and certain specific condi­
                                                                    tions are given in the Annex hereto .
Whereas a sale should be organized for export with a view
to such alcohol being used for industrial purposes re­                                          Article 3
quiring rectification twice over ;
                                                                    The sale shall take place in accordance with Regulation
                                                                    (EEC) No 377/93, and in particular Articles 10 to 18 and
Whereas a performance security and a system of specific             30 to 38 thereof.
controls should ensure that the market for alcohol and
spirituous beverages is not disturbed ;                             However :
                                                                    — to be admissible, tenders must specify the exact use to
Whereas the operative events for the agricultural conver­               which the alcohol is to be put,
sion rates described in Commission Regulation (EEC)
No 2192/93 should be applied to convert the payments                — notwithstanding Article 16 ( 1 ) of Regulation (EEC)
                                                                         No 377/93, the Commission may decide, in accord­
                                                                        ance with the procedure referred to in Article 83 of
(') OJ   No   L 84, 27. 3. 1987, p. 1 .                                  Regulation (EEC) No 822/87, on the basis of the
0   OJ   No   L 154, 25. 6. 1993, p . 39.                                tenders submitted and, where applicable, the type of
0   OJ   No   L 346, 15. 12. 1988 , p. 7.
(4) OJ   No   L 43, 20. 2. 1993, p. 6 .                                 end use planned, to award a contract or to take
0   OJ   No   L 196, 5. 8 . 1993, p. 19.                                no action in respect of tenders received,
 ---pagebreak--- No L 201 /6                          Official Journal of the European Communities                                 11 . 8 . 93
— the alcohol must have been completely used within             — reasons are given for losses of alcohol during opera­
   two years from the date of removal of the first batch,            tions to rectify non-rectified alcohol,
— the alcohol may only be removed after the place of            — the by-products of rectification are destroyed under
   end use has been indicated, after the successful                  the supervision of the competent inspection agency.
   tenderer has provided an undertaking to observe that
   destination and after the end users of the alcohol have
   provided binding undertakings specifying that the                                      Article 5
   alcohol will be used solely for the specified purposes
   in the third countries concerned.                            Commission Regulation (EEC) No 3002/92 (') and Regu­
                                                                lation (EEC) No 2220/85 (2) shall apply save as otherwise
                        Article 4                               provided for herein.
Notwithstanding Article 34 (2) of Regulation (EEC)
No 377/93, the alcohol removed shall be deemed to have                                    Article 6
been totally used for the purposes laid down if :
— the proof of arrival at destination of the rectified          This Regulation shall enter into force on the day of its
   alcohol and proof that it has been used for the              publication in the Official Journal of the European
   purposes laid down have been provided,                       Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 10 August 1993 .
                                                                          For the Commission
                                                                             Rene STEICHEN
                                                                       Member of the Commission
                                                               (') OJ No L 301 , 17. 10. 1992, p. 17.
                                                               0 OJ No L 205, 3. 8. 1985, p. 5.
 ---pagebreak--- 11 . 8 . 93                                Official Journal of the European Communities                                     No L 201 /7
                                                                     ANNEX
                                      INDIVIDUAL INVITATION TO TENDER No 98 /93 EC
                          I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                             Reference to
                                                                               Volume in
                 Member State              Location
                                                                  Reference
                                                                              hectolitres of  Regulation    Type of alcohol
                                                                number of vat                   (EEC)
                                                                              pure alcohol    No 822/87
             FRANCE                 Deulep
                                   30800 — Saint-Gilles
                                   -du-Gard                                       13 060          35      Off flavour + 92°
                                   Soterm
                                   39, av. G.-Brassens
                                   1 3230  — Port-Saint­
                                   Louis-du-Rhone                                20 920           35      Off flavour + 92°
                                   Longuefuye
                                   53200     —     Chateau­
                                   Gonthier                                      16 020          35       Off flavour + 92°
                                                     Total                       50 000
            Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
            per litre or the equivalent thereof in national currency, 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
            Evidence relating to the destination and use of the alcohol is to be obtained in particular 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 50 000 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 mail to the Commission of the European Communities, 200 rue de la Loi,
                     B-1049 Brussels, or
                — be submitted at the reception of the Loi 120 building of the Commission of the European Communi­
                     ties, 130 rue de la Loi, 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 96/93 EC (alcohol),
                DG VI-E-2 — to be opened only at the meeting of the group', which itself must be enclosed in an enve­
                lope addressed to the Commission.
            4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 1 September 1993.
 ---pagebreak--- No L 201 /8                            Official Journal of the European Communities                                        11 . 8 . 93
            5. Tenders must state the name and address of the tenderer and must :
               (a) include a reference to individual sale by tender No 98/93 EC ;
               (b) specify the price tendered, expressed in ecus per hectolitre of alcohol at 1 00 % vol ;
               (c) include all the undertakings and statements referred to in Article 31 of Regulation (EEC) No 377/93
                   and in Article 3 of this Regulation.
            6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
               following intervention agency :
               — SAV par délégation de 1 Onivins, zone industrielle, avenue de la Ballastière, boîte postale 231 , F-33505
                   Libourne Cedex (tel. 57 51 03 03 ; telex : 572 025 ; fax : 57 25 07 25).
               This security must correspond to a sum of ECU 3 per hectolitre of alcohol at 100 % vol.
                                                      IV. Award of contract
            At the same time as he provides evidence of the lodging of a performance security of ECU 60 per hectolitre
            of alcohol at 100 % vol, the successful tenderer will obtain a statement of award from the intervention
            agency concerned within 20 days of the date of receipt of the Commission's decision awarding the lot in
            question .