CELEX: 31995R0360
Language: en
Date: 1995-02-22
Title: COMMISSION REGULATION (EC) No 360/95 of 22 February 1995 opening individual sales by invitation to tender for the export of vinous alcohol held by intervention agencies

No L 41 / 14       I EN I               Official Journal of the European Communities                                  13 . 2. 95
                                       COMMISSION REGULATION (EC) No 360/95
                                                     of 22 February 1995
                  opening individual sales by invitation to tender for the export of vinous alcohol
                                                held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       has been supplied of the export, destination and utiliza­
                                                                  tion of the denatured alcohol ;
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 agrimone­
                                                                  tary system established by Council Regulation (EEC) No
Having regard to Council Regulation (EEC) No 822/87 of            3813/92 of 28 December 1992 on the unit of account and
16 March 1987 on the common organization of the
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 0, as last amended by Regu­
                                                                  lation (EC) No 1 50/95 H ;
Having regard to Council Regulation (EEC) No 3877/88              Whereas Commission Regulation (EEC) No 2192/93 0
of 12 December 1988 laying down general rules for the             concerning the operative events for the agricultural
disposal of alcohol obtained from the distillation opera­         conversion rates used in the wine sector and amending
tions referred to in Articles 35, 36 and 39 of Regulation         Regulation (EEC) No 377/93 specifies the agricultural
(EEC) No 822/87 and held by intervention agencies (2),            conversion rates to be used to convert the payments and
                                                                  securities provided for in connection with individual invi­
                                                                  tations to tender into national currency ;
Whereas Commission Regulation (EEC) No 377/93 (3), as
last amended by Regulation (EC) No 3152/94 (4), lays
                                                                  Whereas the measures provided for in this Regulation are
down detailed rules for the disposal of alcohol obtained          in accordance with the opinion of the Management
from the distillation operations referred to in Articles 35,      Committee for Wine,
36 and 39 of Regulation (EEC) No 822/87 and held by
intervention agencies ;
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 operations referred
to in Articles 35, 36 and 39 of Regulation (EEC) No
822/87 and held by the Italian, French and Spanish inter­
vention agencies ;                                                                           Article 1
                                                                   1 . Two individual sales by invitation to tender Nos
Whereas individual invitations to tender should be organ­          170/94 EC and 171 /94 EC shall be held of a total quan­
ized for the export of alcohol to Brazil with a view to its       tity of 750 000 hectolitres of alcohol obtained from the
end use as motor fuel in order to achieve a short-term
                                                                  distillation operations referred to in Articles 35, 36 and 39
reduction in Community stocks of vinous alcohol ;                 of Regulation (EEC) No 822/87 and held by the Italian,
                                                                   French and Spanish intervention agencies.
Whereas it should be stipulated that the performance
guarantee, to be lodged for the total quantity put up for         2.     Individual invitations to tender Nos 170/94 EC and
sale under each invitation to tender provided for in this          171 /94 EC shall each cover 375 000 hectolitres of alcohol
Regulation, must serve to ensure compliance with the              at 100 % volume.
time limit for exporting the alcohol and the end use as
motor fuel in Brazil ; whereas half of the said guarantee          3.    The alcohol offered for sale :
may be released, in proportion to the quantities of alcohol
denatured, where the alcohol in question is denatured in          — shall be for export outside the European Community,
accordance with the specifications laid down ; whereas the
remainder of the guarantee may be released when proof             — must be imported into and used only as motor fuel in
                                                                       Brazil .
o   OJ No  L  84, 27. 3 . 1987, p. 1 .
O   OJ No  L  346, 15. 12. 1988, p. 7.                            0 OJ No L 387, 31 . 12. 1992, p. 1 .
0   OJ No  L 43, 20. 2. 1993, p. 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---  23 . 2. 95        ! EN I              Official Journal of the European Communities                             No L 41 / 15
4. The alcohol covered by individual invitations to              2.    Within 20 days of receipt of the Commission's deci­
 tender Nos 170/94 EC and 171 /94 EC must be processed,          sion awarding the alcohol, the successful tenderer shall
where applicable, and denatured in the Community and             provide proof that the performance guarantee has been
 must meet the Brazilian standards for alcohol to be used        lodged with each intervention agency holding alcohol to
as motor fuel after these operations.                            ensure the export and utilization for the purpose laid
                                                                 down of the alcohol in question.
 5. Notwithstanding Article 33 of Regulation (EEC) No
 377/93, denaturing shall take the form of the addition of       The performance guarantee shall be ECU 72,45 per
petrol, with a minimum proportion of 2 % , to the quan­          hectolitre of alcohol at 100 % vol and shall be lodged for
tity of alcohol concerned after physical removal of the          the total quantity offered for sale in each invitation to
alcohol.
                                                                 tender covered by this Regulation.
                          Article 2
                                                                 3. Half of the performance guarantee shall be released,
                                                                 in proportion to the quantities of alcohol-denatured, by
                                                                 each of the intervention agencies concerned for the quan­
The     location  and   reference   numbers     of  the  vats    tities of alcohol removed from their stores once proof is
concerned, the quantity of alcohol contained in each vat,        supplied that the quantity of alcohol in question, after any
the alcoholic strength and the characteristics of the            processing and denaturing in accordance with Article 1 of
alcohol as well as certain specific conditions are given in      this Regulation, meets the Brazilian standards for alcohol
Annex I to this Regulation.                                      used as motor fuel, and that this quantity of alcohol has
                                                                 been exported from the Community.
                          Article 3
                                                                 4. The remainder of the performance guarantee shall
                                                                 be released upon request by each of the intervention
The sales shall take place in accordance with Articles 13,       agencies concerned for the quantity removed from its
 14, 15, 16 and 30 to 38 of Regulation (EEC) No 377/93.          stores once proof has been supplied that the quantity of
                                                                 alcohol removed has been exported to the correct destina­
However, notwithstanding Article 15 of Regulation (EEC)          tion to be used for the purposes laid down, in accordance
No 377/93, the closing date for submission of tenders            with Regulation (EEC) No 2220/85.
under the invitations to tender referred to in this Regula­
tion shall fall between the eighth and the 25th day fol­         5. Notwithstanding Article 23 of Regulation (EEC) No
lowing the date of publication of the notices issuing the        2220/85, ECU 12,08 per hectolitre of alcohol at 100 %
individual invitations to tender.
                                                                 vol of the performance guarantee shall be forfeited for any
                                                                 quantities of alcohol not exported within the time limit
                                                                 laid down in Article 6 (4).
                          Article 4
The alcohol awarded must be used not later than 31
December 1996 .                                                                            Article 6
                                                                 1 . The intervention agency holding alcohol and the
                          Article 5                              successful tenderer shall agree on a detailed timetable for
                                                                 the physical removal of the awarded alcohol. The time­
 1 . The tendering security referred to in Article 15 of         table shall be notified to the Commission in the month
Regulation (EEC) No 377/93 shall be ECU 3,622 per                following receipt of the Commission's decision awarding
hectolitre of alcohol at 100 % vol and shall be lodged for       the alcohol to permit coordination of removal operations
the total quantity of alcohol offered for sale in each of the    in accordance with this Regulation.
invitations to tender referred to in Article 1 .
                                                                 2. The successful tenderer shall pay for the alcohol he
Maintenance of the tender after the time limit for submit­       is awarded and accept responsibility for the risk of theft,
ting tenders and the lodging of the performance                  loss and destruction and the cost of storage of the alcohol
guarantee shall constitute the primary requirements              covered by the invitations to tender referred to in this
within the meaning of Article 20 of Commission Regula­           Regulation not later than 26 June 1995.
tion (EEC) No 2220/85 (') as regards the tendering secu­
rity.
                                                                 3.     After receiving payment for a quantity of alcohol
                                                                 calculated to the nearest hectolitre of alcohol at 100 %
The tendering security shall be released immediately if          vol, the intervention agency holding the alcohol shall
the tender is not accepted or if the successful tenderer         issue a removal order for the relevant quantity of alcohol.
meets the conditions set out in the preceding subpara­           Ownership of the alcohol for which a removal order is
graph.                                                           issued shall be transferred on issue of the order and the
                                                                 relevant quantities shall be considered as being withdrawn
(') OJ No L 205, 3. 8 . 1985, p. 5.                              on that date .
 ---pagebreak---  No L 41 / 16          EN               Official Journal of the European Communities                               23 . 2. 95
The removal order shall state the time limit by which the             immediately released from all his obligations relating
alcohol must be physically removed from the storehouses               to that lot.
of the intervention agency concerned.
                                                                  2.    Where the successful tenderer refuses the merchan­
4.     The alcohol awarded under the invitations to tender
                                                                  dise, as provided for in paragraph 1 , the intervention
provided for in this Regulation must be exported within a         agency shall supply him with another quantity of alcohol
time limit of four months from the date of issue of the
                                                                  of the requisite quality, at no extra charge, within eight
last removal order relating thereto.                              days.
                            Article 7                             3. If physical removal of the alcohol is delayed by
                                                                  more than five working days in relation to the date of
 1.    Before the awarded alcohol is removed, the interven­       acceptance of the lot to be removed by the successful
tion agency and the successful tenderer shall take a              tenderer for reasons imputable to the intervention agency,
reference sample and shall analyse that sample to verify          the Member State shall be responsible for the payment of
the alcoholic strength expressed in % vol of the alcohol          compensation.
in question.
Where the final results of the analysis of the sample show                                 Article 8
a difference between the alcoholic strength by volume of
the alcohol to be removed and the minimum alcoholic
                                                                  Notwithstanding the first subparagraph of Article 36 (2) of
strength by volume stated in the notice of invitation to          Regulation (EEC) No 377/93, the alcohol contained in
tender, the following provisions shall apply :                    the vats   indicated in    the communication from       the
 (i) the intervention agency shall, the same day, inform          Member States referred to in Article 36 of Regulation
     the Commission thereof in accordance with Annex II,          (EEC) No 377/93 and covered by the invitations to tender
     as well as the storer and the successful tenderer ;          referred to in Article 1 of this Regulation may be substi­
(ii) the successful tenderer may :                                tuted by the intervention agencies holding the alcohol
                                                                  concerned in agreement with the Commission or mixed
     — either agree to take over the lot with its character­      with other alcohol delivered to the intervention agency
         istics as established, subject to the Commission's       until a removal order is issued for that alcohol, in parti­
         agreement,
                                                                  cular for logistical reasons.
     — or refuse to take over the lot in question.
     In either case, the successful tenderer shall, the same
                                                                                           Article 9
     day, inform the intervention agency and the Commis­
     sion thereof in accordance with Annex III.
                                                                  This Regulation shall enter into force on the day of its
     Once these formalities have been completed, if he has        publication in the Official Journal of the European
     refused to take over the lot concerned, he shall be          Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 22 February 1995.
                                                                           For the Commission
                                                                              Franz FISCHLER
                                                                       Member of the Commission
 ---pagebreak--- 23. 2. 95        I EN 1                Official Journal of the European Communities                                  No L 41 / 17
                                                            ANNEX I
                                INDIVIDUAL INVITATION TO TENDER No 170/94 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
1 . FRANCE       Longuefuye                                                   5 091          39      Off flavour (+ 92 % vol)
                 53200 Château-Gontier
                 Miroline                                                    15 374      35 + 36     Off flavour (+ 92 % vol)
                 Terre-plein Nord
                 14600 Honfleur
                                                 Total                      20 465
2. SPAIN         Villarrobledo                                                5 427          39      Neutral
                 Tarancón                                                   69 139           39      Neutral
                 Villarrobledo                           I                  35 836           39      Raw alcohol
                 Tarancón                                I                  44133            39      Raw alcohol
                                                 Total                     154 535
3 . ITALY        D'Auria                                                      6 000          36      Neutral
                 DCA                                                          5 000          36      Neutral
                 Mazzari                                                    20 000           39      Neutral
                 Bonollo                                                      3 500          39      Neutral
                 Sapis (Puglia)                          ]                  24 000           39      Neutral
                 Sasriv                                                       5 000          36      Neutral
                 De Luca                                                     15 000          35      Neutral
                 Vinum                                                      35 000           39      Neutral
                 Gedis                                                       10 000          36      Neutral
                 Dicovisa                                                     1 500          35      Neutral
                 D'Auria
                                                         I                    9 000          39      Raw alcohol
                 SAIG                                                         5 500          39      Raw alcohol
                 Vinal                                                        3 000          35      Raw alcohol
                 De Luca
                                                         I                  20 000           35      Raw alcohol
                 Balice
                                                         I                    2 500          39      Raw alcohol
                 DCA                                                          3 000          35      Off flavour
                 Caviro
                                                         I                    3 000          35      Off flavour
                 Del Salento (Puglia)                                         2 000          35      Off flavour
 ---pagebreak--- No L 41 / 18              EN                  Official Journal of the European Communities                                        23 . 2. 95
                                                                                                 Reference to
                                                                                   Volume in
                                                                     Reference                    Regulation
    Member State                        Location
                                                                   number of vat
                                                                                 hectolitres of
                                                                                                    (EEC)            Type of alcohol
                                                                                  pure alcohol    No 822/87
3 . ITALY              Sapis (Campania)                                               2 000           39      Off flavour
    (cont'd)
                       Rodi (Campania)                                                4 000           35      Off flavour
                       Rodi (Puglia)                                                  4 000           35      Off flavour
                       Bertolino                                                      7 000           35      Off flavour
                       Enodistil                                                      3 000           36      Off flavour
                       Enodistil                                                      2 500           39      Off flavour
                       Vinum                                                          4 500           39      Off flavour
                                                         Total                      200 000
                                                  Grand total                       375 000
               Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
               per litre or the equivalent thereof in Italian lire, French francs or 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 exported from the Community. It must be imported into and used
               exclusively as motor fuel in Brazil.
               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 375 000 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 1 20 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 170/94 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 6 March 1995.
              5. Tenders must state the name and address of the tenderer and must :
                   (a) include a reference to individual sale by tender No 170/94 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.
 ---pagebreak--- 23 . 2. 95          EN                Official Journal of the European Communities                                        No L 41 / 19
           6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
              following intervention agency :
              — EIMA, Via Palestra 81 , 1-00185 Roma (tel.: 47 49 91 ; telex : 62 03 31 , 62 02 52, 61 30 03 ; fax :
                  445 39 40, 495 39 40),
              — SAV par delegation de 1 Onivins, zone industrielle, avenue de la Ballastiere, boîte postale 231 , F-33505
                  Libourne Cedex (tel. : 57 51 03 03 ; telex : 572 025 ; telefax : 57 25 07 25),
              — 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 72,45 per
           hectolitre of alcohol at 100 % vol with the intervention agency concerned.
 ---pagebreak--- No L 41 /20        EN                  Official Journal of the European Communities                                    23 . 2. 95
                                INDIVIDUAL INVITATION TO TENDER No 171 /94 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
1 . FRANCE       Longuefuye                                                 5 092          39      Off flavour (+ 92 % vol)
                 53200 Château-Gontier
                 Miroline                                                  15 374      35 + 36     Off flavour (+ 92 % vol)
                 Terre-plein Nord
                 14600 Honfleur
                                                 Total                    20 466
2. SPAIN         Villarrobledo                                              5 427          39      Neutral
                 Tarancón                                                 69 138           39      Neutral
                 Villarrobledo                                            35 836           39      Raw alcohol
                 Tarancón                                                 44 133           39      Raw alcohol
                                                 Total                   154 534
3. ITALY         Neri                                                       5 000          35      Neutral
                 Neri                                                     20 000           39      Neutral
                 Bonollo                                                   10 000          39      Neutral
                 Sapis (Puglia)                                            10 500          39      Neutral
                 Sapis (Campania)                                          10 000          39      Neutral
                 Del Salento (Campania)                                   20 000           35      Neutral
                 Sasriv (Campania)                                          3 000          39      Neutral
                 Vinum                                                      6 500          36      Neutral
                 Vinum                                                     17 000          39      Neutral
                 Enodistil                                                  4 000          35      Neutral
                 Gedis                                                     17 500          39      Neutral
                 Dicovisa                                                   1 500          35      Neutral
                 Bonollo                                                   10 500          39      Raw alcohol
                 DCA                                                        6 000          35      Raw alcohol
                 Gist Brocades                                              1 000          35      Raw alcohol
                 Balice                                                    10 000          35      Raw alcohol
                 Balice                                                    10 000          36      Raw alcohol
                 Balice                                                     2 500          39      Raw alcohol
                 Caviro                                                     5 500          35      Off flavour
                 Rodi (Puglia)                                              2 500          39      Off flavour
                 Del Sud                                                    4 500          35      Off flavour
                 Del Sud                                                    2 000          36      Off flavour
 ---pagebreak--- 23. 2. 95             | EN I                 Official Journal of the European Communities                                      No L 41 /21
                                                                                                  Reference to
                                                                                  Volume in
    Member State                       Location
                                                                    Reference
                                                                                 hectolitres of    Regulation         Type of alcohol
                                                                  number of vat                      (EEC)
                                                                                 pure alcohol      No 822/87
3 . ITALIE            Di Trani (Puglia)                                               3 000            39      Off flavour
    (cont'd)
                      Bertolino                                                      15 000            36      Off flavour
                      Enodistil
                                                                I                     1 500            35      Off flavour
                      Vinum
                                                                I                     1 000            36      Off flavour
                                                       Total
                                                                I                  200 000
                                                                                                1
                      Grand total                                   375 000
               Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
               per litre or the equivalent thereof in Italian lire, French francs or 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 exported from the Community. It must be imported into and used
               exclusively as motor fuel in Brazil.
               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 375 000 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 1 20 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 171 /94 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 6 March 1995.
               5. Tenders must state the name and address of the tenderer and must :
                   (a) include a reference to individual sale by tender No 171 /94 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 :
                   — EIMA, Via Palestra 81 , 1-00185 Roma (tel.: 47 49 91 ; telex : 62 03 31 , 62 02 52, 61 30 03 ; fax :
                       445 39 40, 495 39 40),
                   — SAV par délégation de l'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),
                   — 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 72,45 per
               hectolitre of alcohol at 100 % vol with the intervention agency concerned.
 ---pagebreak--- No L 41 /22      EN                   Official Journal of the European Communities                           23 . 2. 95
                                                          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 360/95
            — 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