CELEX: 31995R1034
Language: en
Date: 1995-05-08 00:00:00
Title: COMMISSION REGULATION (EC) No 1034/95 of 8 May 1995 opening a sale by individual invitation to tender for the export of alcohol of vinous origin

No L 105/20       [ EN ]               Official Journal of the European Communities                                    9 . 5. 95
                                      COMMISSION REGULATION (EC) No 1034/95
                                                          of 8 May 1995
                   opening a sale by individual invitation to tender for the export of alcohol of
                                                           vinous origin
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        the conversion rates to be applied for the purposes of the
                                                                     common agricultural policy f5), as last amended by Regu­
  Having regard to the Treaty establishing the European              lation (EC) No 1 50/95 (^ ;
  Community,                                                         Whereas the operative events for the agricultural conver­
                                                                     sion rates described in Commission Regulation (EEC) No
  Having regard to Council Regulation (EEC) No 822/87 of             2192/93 (8) should be applied to convert the payments
  16 March 1987 on the common organization of the                    and securities under this invitation to tender into the
  market in wine ('), as last amended by the Act of Acces­           national currencies ;
  sion of Austria, Finland and Sweden and Council Regula­
  tion (EC) No 3290/94 (2),                                         Whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
                                                                    Committee for Wine,
  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
 tions referred to in Articles 35, 36 and 39 of Regulation          HAS ADOPTED THIS REGULATION :
 (EEC) No 822/87 and held by intervention agencies (3),
                                                                                                Article 1
 Whereas Commission Regulation (EEC) No 377/93 (4), as
 last amended by Regulation (EC) No 3152/94 0, lays                 1 . A sale by individual invitation to tender No 174/95
 down detailed rules for the disposal of alcohol obtained           shall be held of a total quantity of 40 000 hectolitres of
 from the distillation operations referred to in Articles 35,       alcohol at     100 %    vol obtained from     distillation   as
 36 and 39 of Regulation (EEC) No 822/87 and held by                provided for in Articles 35, 36 and 39 of Regulation (EEC)
 intervention agencies ;                                            No 822/87 and comprising by-products from the manu­
                                                                    facture of neutral alcohol of vinous origin.
 Whereas substantial quantities of non-rectified alcohol            2.     The alcohol put up for sale :
 comprising by-products from the manufacture of neutral
 alcohol of vinous origin are stored in Italy ; whereas, on         — shall be for export outside the European Community
 account of the cost of storage of such alcohol, an indivi­              to the Maghreb countries (Morocco, Algeria and
 dual invitation to tender should be opened to dispose of                Tunisia),
 it ;
                                                                    — must be rectified in the Community,
                                                                    — must be used in the abovementioned countries solely
 Whereas an opportunity exists to sell such alcohol to the               for industrial purposes and/or in the cosmetics and/or
 Maghreb countries exclusively for industrial use in those               pharmaceutical industries ; use in the manufacture of
 countries ; whereas, on account of the high methanol and                spirituous beverages or vinegar shall be strictly prohi­
 acidity content of such alcohol, rectification operations               bited.
 are necessary in order for it to be used for industrial
 purposes ;
                                                                                               Article 2
Whereas a performance security and a system of specific            The      location   and   reference   numbers   of   the    vats
controls should ensure that the market for alcohol and
                                                                   concerned, the quantity of alcohol in each vat, the alco­
spirituous beverages is not disturbed ;
                                                                   holic strength of the alcohol and certain specific condi­
                                                                   tions are given in Annex I hereto.
Whereas the tender prices expressed in ecus/hi, submitted
under invitations to tender for vinous alcohol, must take
                                                                                               Article 3
account of any amendments made under the agrimone­
tary system established by Council Regulation (EEC) No
3813/92 of 28 December 1992 on the unit of account and             The sale shall take place in accordance with Regulation
                                                                   (EEC) No 377/93, and in particular Articles 10 to 18 and
                                                                   30 to 38 thereof.
(')  OJ No  L 84, 27, 3. 1987, p. 1 .
(2)  OJ No  L 349, 31 . 12. 1994, p. 105.
(3)  OJ No  L 346, 15. 12. 1988, p. 7.                             (6) OJ No L 387, 31 . 12. 1992, p. 1
(4)  OJ No  L 43, 20. 2. 1993, p. 6.                               n OJ No L 22, 31 . 1 . 1995, p. 1 .
0    OJ No  L 332, 22. 12. 1994, p. 34.                            M OJ No L 196, 5. 8. 1993, p. 19.
 ---pagebreak---  9. 5. 95           I EN               Official Journal of the European Communities                               No L 105/21
 However :                                                        reference sample and shall analyse that sample to verify
                                                                  the alcoholic strength expressed in % vol of the alcohol
 — to be admissible, tenders must specify the exact use to        in question.
     which the alcohol is to be put,
 — notwithstanding Article 16 (1 ) of Regulation (EEC) No        Where the final results of the analysis of the sample show
     377/93, the Commission may decide, in accordance             a difference between the alcoholic strength by volume of
     with the procedure referred to in Article 83 of Regula­     the alcohol to be removed and the minimum alcoholic
     tion (EEC) No 822/87, on the basis of the tenders            strength by volume stated in the notice of invitation to
     submitted and, where applicable, the type of end use         tender, the following provisions shall apply :
     planned, to award a contract or to take no action in
     respect of tenders received,                                  (i) the intervention agency shall, the same day, inform
                                                                       the Commission thereof in accordance with Annex II,
 — the alcohol must have been completely used within                   as well as the storer and the successful tenderer ;
     two years from the date of removal of the first batch,
                                                                 (ii) the successful tenderer may :
— the alcohol may only be removed after the place of
     end use has been indicated, after the successful                  — either agree to take over the lot with its characte­
     tenderer has provided an undertaking to observe that                  ristics as established, subject to the Commission's
     destination and after the end users of the alcohol have               agreement,
     provided binding undertakings specifying that the
     alcohol will be used solely for the specified purposes            — or refuse to take over the lot in question.
     in the third countries concerned .
                                                                       In either case, the successful tenderer shall, the same
                                                                       day, inform the intervention agency and the Commis­
                                                                       sion thereof in accordance with Annex III.
                          Article 4
                                                                       Once these formalities have been completed, if he has
 Notwithstanding Article 34 (2) of Regulation (EEC) No                 refused to take over the lot concerned, he shall be
 377/93, the alcohol removed shall be deemed to have
                                                                       immediately released from all his obligations relating
 been totally used for the purposes laid down if :                     to that lot.
— the proof of arrival at destination of the rectified
     alcohol and proof that it has been used for the             2.      Where the successful tenderer refuses the merchan­
     purposes laid down have been provided,                      dise, as provided for in paragraph 1 , the intervention
                                                                 agency shall supply him with another quantity of alcohol
— reasons are given for losses of alcohol during opera­          of the requisite quality, at no extra charge, within eight
     tions to rectify non-rectified alcohol,                     days.
— the by-products of rectification are destroyed under
     the supervision of the competent inspection agency.         3. If physical removal of the alcohol is delayed by
                                                                 more than five working days in relation to the date of
                                                                 acceptance of the lot to be removed by the successful
                          Article 5
                                                                 tenderer for reasons imputable to the intervention agency,
                                                                 the Member State shall, be responsible for the payment of
Commission Regulation (EEC) No 3002/92 (') and Regu­             compensation.
lation (EEC) No 2220/85 (2) shall apply save as otherwise
provided for herein .
                                                                                              Article 8
                          Article 6
                                                                 Notwithstanding the first subparagraph of Article 36 (2) of
 1 . Export of the alcohol concerned under the invitation        Regulation (EEC) No 377/93, the alcohol contained in
to tender referred to in Article 1 of this Regulation must       the vats indicated in         the communication     from the
be completed by 31 December 1995, at the latest.                 Member States referred to in Article 36 of Regulation
                                                                 (EEC) No 377/93 and covered by the invitation to tender
2. Notwithstanding Articles 23 of Regulation (EEC) No            referred to in Article 1 of this Regulation may be substi­
2220/85, ECU 12,08 of the performance security per               tuted by the intervention agency holding the alcohol
hectolitre of alcohol at 100 % vol, shall be forfeit in          concerned in agreement with the Commission or mixed
respect of the quantities of alcohol not exported by 31          with other alcohol delivered to the intervention agency
December 1995, at the latest.                                    until a removal order is issued for that alcohol, in parti­
                                                                 cular for logistical reasons.
                          Article 7
1.     Before the awarded alcohol is removed, the interven­                                   Article 9
tion agency and the successful tenderer shall take a
                                                                 This Regulation shall enter into force on the day of its
(') OJ No L 301 , 17. 10. 1992, p. 17.                           publication in the Official Journal of the European
(2) OJ No L 205, 3. 8. 1985, p. 5.                               Communities.
 ---pagebreak--- No L 105/22   I EN I           Official Journal of the European Communities                        9. 5. 95
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 8 May 1995.
                                                                  For the Commission
                                                                     Franz FISCHLER
                                                               Member of the Commission
 ---pagebreak--- 9 . 5 . 95        EN                   Official Journal of the European Communities                               No L 105/23
                                                           ANNEX I
                                 INDIVIDUAL INVITATION TO TENDER No 174/95 EC
                     I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                  Reference to
                                                                  Volume in
              Member                                 Reference                     Regulation
                                   Location                      hectolitres of                   Type of alcohol
               State                               number of vat
                                                                 pure alcohol        (EEC)
                                                                                   No 822/ 87
           ITALY           Enodistil SpA                                500     35 + 36 + 39   Off flavour
                           Vinum SpA                                    500     35 + 36        Off flavour
                           Distercoop Seri                              800            39      Off flavour
                           Italcol SpA                                  800            35      Off flavour
                           Tampieri SpA                               1 900        35 + 39     Off flavour
                           F. Palma SpA                              4 900      35 + 36 + 39   Off flavour
                           Mazzari SpA                               3 300      35 + 39        Off flavour
                           Ge.Dis SpA                                   300           35       Off flavour
                           Lav. Soc. Vinacce SpA                      1 900           35       Off flavour
                           Bertolino SpA                                900     35 + 36        Off flavour
                           Dicovisa Seri                                500           35       Off flavour
                           Caviro Seri                               1 000      35 + 39        Off flavour
                           Neri Srl                                  3 550      35 + 36 + 39   Off flavour
                           Enalco Srl                                   800     35 + 36 + 39   Off flavour
                           Bonollo SpA                               4 630      35 + 39        Off flavour
                           F. Lli Balice SpA                         1 050            35       Off flavour
                           G. de Luca Sas                               500           35       Off flavour
                           Rodi San Severo Srl                       3 900      35 + 36 + 39   Off flavour
                           F. Lli Russo Snc                             820     35 + 36 + 39   Off flavour
                           Kronion Seri                                 350     35 + 39        Off flavour
                           G. di Lorenzo Srl                         1 850      35 + 36 + 39   Off flavour
 ---pagebreak--- No L 105/24       I EN I                 Official Journal of the European Communities                                      9 . 5. 95
                                                                                      Reference to
                                                                      Volume in
                Member
                                      Location
                                                          Reference
                                                                     hectolitres of    Regulation      Type of alcohol
                  State                                number of vat
                                                                     pure alcohol        (EEC)
                                                                                      No 822/ 87
                              Canellese
                              Bocchino SpA                                  100            35        Off flavour
                              Aniello Esposto Srl                          450            35         Off flavour
                              Sapis SpA                                    300            39         Off flavour
                              Sasriv SpA                                 1 700      35 + 36 + 39    Off flavour
                              Di Trani SpA                               2 700      35 + 36         Off flavour
                                              Total                    40 000
          Any interested party may, on application to the intervention agency concerned and on payment of ECU
          2,41 5 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 40 000 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 120 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 174/95 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 29. 5. 1995.
          5. Tenders must state the name and address of the tenderer and must :
              (a) include a reference to individual sale by tender No 174/95 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
                  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 :
              — EIMA Via Palestra 81 , 1-00185 Roma (tel.: 47 49 51 ; telex : 62 03 31 , 62 02 52, 61 30 03 ; fax :
                  445 39 40, 495 35 40).
              This security must correspond to a sum of ECU 3,622 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 72,45 per hecto­
         litre 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.
 ---pagebreak--- 9 . 5. 95     EN                    Official Journal of the European Communities                         No L 105/25
                                                        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 1034/95
          — 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
                  No         in hectolitres     of alcohol                        to take over