CELEX: 31995R0739
Language: en
Date: 1995-03-31
Title: COMMISSION REGULATION (EC) No 739/95 of 31 March 1995 opening an individual sale by invitation to tender for vinous alcohol to be used in the motor fuel sector in Sweden

No L 73/68          EN                Official Journal of the European Communities                                   1 . 4. 95
                                      COMMISSION REGULATION (EC) No 739/95
                                                      of 31 March 1995
                   opening an individual sale by invitation to tender for vinous alcohol to be used
                                            in the motor fuel sector in Sweden
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      be released as and when proof is supplied of the destina­
                                                                   tion and use of a quantity of alcohol removed ;
 Having regard to the Treaty establishing the European
 Community,                                                       Whereas the tender prices expressed in ecus/hi, submitted
                                                                  under invitations to tender for vinous alcohol must take
                                                                   account of any amendments made under the agrimon­
 Having regard to Council Regulation (EEC) No 822/87 of            etary system established by Council Regulation (EEC) No
  16 March 1987 on the common organization of the                  3813/92 of 28 December 1992 on the unit of account and
 market in wine ('), as last amended by the Act of Acces­          the conversion rates to be applied for the purposes of the
 sion of Austria, Finland and Sweden,
                                                                  common agricultural policy (5), as last amended by Regu­
                                                                   lation (EC) No 150/95 (<);
 Having regard to Council Regulation (EEC) No 3877/88
 of 12 December 1988 laying down general rules for the            Whereas Commission Regulation (EEC) No 2192/93 Q
 disposal of alcohol obtained from the distillation opera­        concerning the operative events for the agricultural
 tions referred to in Articles 35, 36, and 39 of Regulation       conversion rates used in the wine sector and amending
 (EEC) No 822/87 and held by intervention agencies (2),           Regulation (EEC) No 377/93 specifies the agricultural
                                                                  conversion rates to be used to convert the payments and
 Wherea Commission Regulation (EEC) No 377/93 (3), as             securities provided for in connection with individual invi­
 last amended by Regulation (EC) No 31 52/94 (4), lays            tations to tender into national currency ;
 down detailed rules for the disposal of alcohol obtained
 from the distillation operations referred to in Articles 35,     Whereas the measures provided for in this Regulation are
 36 and 39 of Regulation (EEC) No 822/87 and held by              in accordance with the opinion of the Management
 intervention agencies ;                                           Committee for Wine,
Whereas, in view of the cost of storing alcohol, individual
 sales by invitation to tender should be opened for vinous         HAS ADOPTED THIS REGULATION :
 alcohol obtained from the distillation operation referred
 to in Article 39 of Regulation (EEC) No 822/87 and held
by the Spanish intervention agency ;                                                         Article 1
Whereas an individual invitation to tender should be
                                                                   1 . One individual sale by invitation to tender No
organized for the sale of vinous alcohol to Sweden with a          1 73/95 EC shall be held of a total quantity of 50 000
view to its end use as motor fuel in the public transport         hectolitres of alcohol obtained from the distillation opera­
sector, given Sweden's capacity to produce alcohol                tion referred to in Article 39 of Regulation (EEC) No
intended for use in the motor fuel sector is currently            822/87 and held by the Spanish intervention agency.
limited ;
                                                                  2. The alcohol offered for sale must be used only as
Whereas that use is unlikely to disturb traditional alcohol       motor fuel in the public transport sector in Sweden.
markets ; whereas, in addition, vinous alcohol does not
replace synthetic alcohol in this case but alcohol obtained       3.     The alcohol must be denatured in Sweden in ac­
from renewable raw materials ;                                    cordance with the specification adopted by the Swedish
                                                                  authorities.
Whereas compliance with the stipulated destination and
end use of the alcohol will be guaranteed by the compe­
                                                                                             Article 2
tent control authorities in the Member States, as laid
down in Article 37 of Regulation (EEC) No 377/93, and
                                                                  The     location  and    reference    numbers of   the    vats
also by an international control company which will
verify correct performance of the tender, by denaturing           concerned, the quantity of alcohol contained in each vat,
the alcohol in accordance with the specifications of the          the alcoholic strength and the characteristics of the
Swedish authorities and by a financial security which will        alcohol as well as certain specific conditions are given in
                                                                  Annex I to this Regulation.
(') OJ  No  L 84, 27. 3. 1987, p. 1 .
(2) OJ  No  L 346, 15. 12. 1988, p. 7.                            0 OJ No L 387, 31 . 12. 1992, p. 1 .
(3) OJ  No  L 43, 20. 2. 1993, p. 6.                              (6) OJ No L 22, 31 . 1 . 1995, p. 1 .
(4) OJ  No  L 332, 22. 12. 1994, p. 34.                           0 OJ No L 196, 5. 8. 1993, p. 19.
 ---pagebreak---  1 . 4. 95             EN               Official Journal of the European Communities                              No L 73/69
                           Article 3                              (ii) the successful tenderer may :
 1 . The sale shall take place in accordance with Articles
                                                                       — either agree to take over the lot with its charac­
                                                                           teristics as established, subject to the Commis­
 1 3 to 1 8 and 30 to 38 of Regulation (EEC) No 377/93.
                                                                           sion's agreement,
2. Notwithstanding Article 18 (2) of Regulation (EEC)                  — or refuse to take over the lot in question.
377/93 the successful tenderer shall pay for the alcohol
                                                                       In either case, the successful tenderer shall, the same
awarded to him and shall assume responsibility for any
theft, loss or destruction and for alcohol storage costs               day, inform the intervention agency and the Commis­
                                                                       sion thereof in accordance with Annex III.
under the invitation to tender referred to in this Regula­
tion by 26 June 1995 at the latest.                                    Once these formalities have been completed, if he has
                                                                       refused to take over the lot concerned, he shall be
3.      Notwithstanding Article 18 (6) of Regulation (EEC)             immediately released from all his obligations relating
377/93, utilization of the alcohol awarded must be                     to that lot.
completed by 31 December 1996 at the latest.
                                                                  2.     Where the successful tenderer refuses the merchan­
                                                                  dise, as provided for in paragraph 1 , the intervention
                           Article 4                              agency shall supply him with another quantity of alcohol
                                                                  of the requisite quality, at no extra charge, within eight
1 . The performance guarantee shall be ECU 36,23 per              days.
hectolitre of alcohol at 100 % vol and shall be lodged for
the total quantity offered for sale.                              3. If physical removal of the alcohol is delayed by
                                                                  more than five working days in relation to the date of
2. The performance guarantee shall be released on                 acceptance of the lot to be removed by the successful
demand by the intervention agency concerned for the               tenderer for reasons imputable to the intervention agency,
quantity removed once proof is supplied of the destina­           the Member State shall be responsible for the payment of
tion and intended use of that quantity of alcohol                 compensation.
removed, in accordance with Commission Regulation
(EEC) No 2220/85 (').                                                                        Article 6
                                                                  Notwithstanding the first subparagraph of Article 36 (2) of
                           Article 5
                                                                  Regulation (EEC) No 377/93, the alcohol contained in
                                                                  the vats indicated in the communication from the
1.      Before the awarded alcohol is removed, the interven­      Member States referred to in Article 36 of Regulation
tion agency and the successful tenderer shall take a              (EEC) No 377/93 and covered by the invitation to tender
reference sample and shall analyse that sample to verify          referred to in Article 1 of this Regulation may be substi­
the alcoholic strength expressed in % vol of the alcohol          tuted by the intervention agency holding the alcohol
in question.                                                      concerned in agreement with the Commission or mixed
                                                                  with other alcohol delivered to the intervention agency
Where the final results of the analysis of the sample show        until a removal order is issued for that alcohol, in par­
a difference between the alcoholic strength by volume of          ticular for logistical reasons.
the alcohol to be removed and the minimum alcoholic
strength by volume stated in the notice of invitation to
tender, the following provisions shall apply :                                               Article 7
 (i) the intervention agency shall, the same day, inform          This Regulation shall enter into force on the day of its
     the Commission thereof in accordance with Annex II,          publication in the Official Journal of the European
     as well as the storer and the successful tenderer :          Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 31 March 1995.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                        Member of the Commission
0) OJ No L 205, 3. 8. 1985, p. 5.
 ---pagebreak--- No L 73/70           PEN                   Official Journal of the European Communities                                            1 . 4. 95
                                                               ANNEX I
                                    INDIVIDUAL INVITATION TO TENDER No 173/95 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
SPAIN               Tarancón                                        C-3           23 210           39       Neutral
                    Tarancón                                       D-3            26 790           39       Neutral
                                                     Total                        50 000
             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 Spanish pesetas, 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 used exclusively as motor fuel in the public transport sector in Sweden.
             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 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, Rue de la Loi/Wetstraat
                     200, B-1049 Bruxelles/Brussel, or
                 — be submitted at the reception of the Loi 1 20 building of the Commission of the European Communi­
                     ties, Rue de la Loi/Wetstraat 130, B-1049 Bruxelles/Brussel, 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 173/95 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 20 April 1995.
             5. Tenders must state the name and address of the tenderer and must :
                 (a) include a reference to individual sale by tender No 173/95 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.
             6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
                 following intervention agency :
                 — SENPA, Beneficencia 8, E-28004 Madrid (tel. 347 65 00 ; telex 23427 SENPA ; fax 521 98 32).
                 This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.
                                                         IV. Award of contract
             Within 20 days following the date of receipt of the Commission's decision awarding the lot in question, the
             successful tenderer shall provide evidence of the lodging of a performance guarantee of ECU 36,23 per
             hectolitre of alcohol at 100 % vol with the intervention agency concerned.
 ---pagebreak--- 1 . 4. 95         EN               Official Journal of the European Communities                            No L 73/71
                                                       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 739/95
          — 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