CELEX: 32001R0454
Language: en
Date: 2001-03-06 00:00:00
Title: Commission Regulation (EC) No 454/2001 of 6 March 2001 opening tendering procedures for the sale of wine alcohol exclusively for use in third countries in the fuel sector

7.3.2001               EN                      Official Journal of the European Communities                                           L 65/3
                                           COMMISSION REGULATION (EC) No 454/2001
                                                             of 6 March 2001
               opening tendering procedures for the sale of wine alcohol exclusively for use in third countries in
                                                              the fuel sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                               HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European
Community,                                                                                             Article 1
Having regard to Council Regulation (EC) No 1493/1999 of 17               Three tendering procedures Nos 295/2001 EC, 296/2001 EC
May 1999 on the common organisation of the market in                      and 297/2001 EC are hereby opened for the sale of a total
wine (1), as amended by Regulation (EC) No 2826/2000 (2),                 volume of 250 000 hectolitres of alcohol exclusively for use in
                                                                          the fuel sector in third countries. The alcohol concerned was
                                                                          produced from distillation under Articles 35, 36 and 39 of
Having regard to Commission Regulation (EC) No 1623/2000                  Regulation (EEC) No 822/87 as well as Articles 27 and 28 of
of 25 July 2000 laying down detailed rules for implementing               Regulation (EC) No 1493/1999 and is held by the French,
Regulation (EC) No 1493/1999 on the common organisation                   Spanish and Portuguese intervention agencies.
of the market in wine with regard to market mechanisms (3), as
last amended by Regulation (EC) No 2786/2000 (4), and in
particular Article 86 thereof,                                            Tendering procedures Nos 295/2001 EC and 296/2001 EC
                                                                          shall each cover a volume of 100 000 hectolitres of alcohol at
                                                                          100 % vol., and the tendering procedure No 297/2001 EC shall
Whereas:                                                                  cover a volume of 50 000 hectolitres of alcohol at 100 % vol.
(1)     Regulation (EC) No 1623/2000 lays down, inter alia, the
        detailed rules for disposing of stocks of alcohol arising                                      Article 2
        from distillation under Articles 27, 28 and 30 of Regula-
        tion (EC) No 1493/1999 held by intervention agencies.
                                                                          The alcohol put up for sale for export from the European
                                                                          Community shall be imported into one of the third countries
(2)     Tendering procedures should be opened for the sale of             listed in Article 86 of Regulation (EC) No 1623/2000 and must
        wine alcohol for export to the third countries listed in          be used in accordance with that Article.
        Article 86 of Regulation (EC) No 1623/2000 exclusively
        for use in the fuel sector in a third country, with a view
        to reducing stocks of wine alcohol of Community origin
        and giving the third countries listed in this Article                                          Article 3
        greater continuity of supply. The wine alcohol of
        Community origin in storage in the Member States                  The place of storage, the vat numbers, the volume of alcohol in
        consists of quantities produced from distillation under           each vat, the alcoholic strength and the characteristics of the
        Articles 35, 36 and 39 of Council Regulation (EEC) No             alcohol, certain specific conditions, as well as the address of the
        822/87 of 16 March 1987 on the common organisation                Commission department responsible for receiving tenders shall
        of the market in wine (5), as last amended by Regulation          be as set out in Annex I to this Regulation.
        (EC) No 1677/1999 (6), as well as Articles 27 and 28 of
        Regulation (EC) No 1493/1999.
(3)     Since the adoption of Council Regulation (EC) No 2799/                                         Article 4
        98 of 15 December 1998 establishing agrimonetary
        arrangements for the euro (7), the prices offered in              The sale shall be conducted in accordance with Articles 87, 88,
        tenders and securities must be expressed in euro and              89, 90, 91, 95, 96, 100, 101 and 102 of Regulation (EC) No
        payments must be made in euro.                                    1623/2000 and Article 2 of Regulation (EC) No 2799/98.
(4)     The measures provided for in this Regulation are in
        accordance with the opinion of the Management                                                  Article 5
        Committee for Wine,
(1) OJ L  179, 14.7.1999, p. 1.                                           The minimum price which may be offered shall be EUR 7,5
(2) OJ L  328, 23.12.2000, p. 2.                                          per hectolitre of alcohol at 100 % vol for tendering procedure
(3) OJ L  194, 31.7.2000, p. 45.                                          No 295/2001 EC and EUR 7,5 per hectolitre of alcohol at
(4) OJ L  323, 20.12.2000, p. 4.                                          100 % vol for tendering procedure No 296/2001 EC and
(5) OJ L  84, 27.3.1987, p. 1.
(6) OJ L  199, 30.7.1999, p. 8.                                           EUR 7,5 per hectolitre of alcohol at 100 % vol for tendering
(7) OJ L  349, 24.12.1998, p. 1.                                          procedure No 297/2001 EC.
 ---pagebreak--- L 65/4                EN                     Official Journal of the European Communities                                       7.3.2001
                             Article 6                                                              Article 8
                                                                        The formalities for sampling shall be as set out in Articles 91
1.    Physical removal of the alcohol from the storehouses of           and 98 of Regulation (EC) No 1623/2000.
each of the intervention agencies concerned must be completed
no later than 10 August 2001.                                                                       Article 9
2.    The alcohol awarded under the tendering procedures                The export security shall be EUR 3 per hectolitre of alcohol at
referred to in Article 1 of this Regulation must be exported no         100 % vol.
later than 10 September 2001.
                                                                                                   Article 10
                                                                        The Commission department referred to in Article 91(5) of
                             Article 7                                  Regulation (EC) No 1623/2000 shall be that indicated in
                                                                        Annex III to this Regulation.
To be eligible for consideration, tenders shall entail presenta-                                   Article 11
tion of the undertakings and documents listed in Annex II to
this Regulation and must comply with Articles 88 and 97 of              This Regulation shall enter into force on the day of its publica-
Regulation (EC) No 1623/2000.                                           tion in the Official Journal of the European Communities.
                     This Regulation shall be binding in its entirety and directly applicable in all Member States.
                     Done at Brussels, 6 March 2001.
                                                                                    For the Commission
                                                                                      Franz FISCHLER
                                                                                Member of the Commission
 ---pagebreak--- 7.3.2001                EN                          Official Journal of the European Communities                                                   L 65/5
                                                                         ANNEX I
              TENDERING PROCEDURE No 295/2001 EC FOR THE SALE OF ALCOHOL EXCLUSIVELY FOR USE IN THE
                                                       FUEL SECTOR IN A THIRD COUNTRY
                                 I. Place of storage, volume and characteristics of the alcohol put up for sale
                                                                                       Volume in hectolitres    Regulation
    Member State                        Location                         Vat No         of alcohol at 100 %  (EEC) No 822/87          Type of alcohol
                                                                                              volume              Article
FRANCE                 Onivins-Longuefuye                                 20                   22 050               39                 raw + 92 %
                       F-53200 Longuefuye                                   5                  19 205               35                 raw + 92 %
                       Onivins-Port La Nouvelle                             8                  11 500               35                 raw + 92 %
                       Av. Adolphe-Turrel
                                                                            1                  47 245               35                 raw + 92 %
                       BP 62
                       F-11210 Port-La-Nouvelle
                                                        Total                                100 000
              On application to the intervention agency concerned, interested parties may obtain samples of the alcohol put up for sale,
              taken by a representative of the intervention agency concerned, against payment of EUR 10 per litre.
                                                        II. Destination and use of the alcohol
              The alcohol put up for sale is intended for export from the Community. It must be imported into and dehydrated in one
              of the third countries listed in Article 86 of Regulation (EC) No 1623/2000 exclusively for use in the fuel sector in a third
              country.
              Proof of the destination and use of the alcohol shall be supplied to the intervention agency concerned by an international
              surveillance firm.
              The cost of providing such proof shall be borne by the successful tenderer.
                                                               III. Submission of tenders
               1. Tenders shall relate to 100 000 hectolitres of alcohol expressed in hectolitres of alcohol at 100 % vol.
                  Tenders for smaller volumes shall not be eligible for consideration.
               2. Tenders must:
                  — either be sent by registered mail to the Commission of the European Communities, rue de la Loi/Wetstraat 200,
                      B-1049 Brussels,
                  — or delivered to the reception of building ‘Loi 130’ of the Commission of the European Communities, rue de la
                      loi/Wetstraat 130, B-1049 Brussels, between 11.00 and 12.00 on the date mentioned in point 4.
               3. Tenders shall be submitted in a sealed double envelope, the inside envelope marked: ‘Tender under procedure No
                  295/2001 EC, sale of alcohol, exclusively for use in the fuel sector in third countries — Alcohol, DG AGRI/E/2 — Not
                  to be opened until the meeting of the group opening the tenders’, the outer envelope addressed to the Commission.
               4. Tenders must reach the Commission not later than 12 noon Brussels time on 15 March 2001.
               5. Tenders must indicate the name and address of the tenderer and:
                  (a) the reference number of the tendering procedure for the sale of alcohol exclusively for use in third countries in the
                       fuel sector, i.e. 295/2001 EC,
                  (b) the price offered, expressed in euro per hectolitre of alcohol at 100 % vol,
                  (c) all the undertakings, documents and statements provided for in Articles 88 and 97 of Regulation (EC) No
                       1623/2000 and in Annex II to this Regulation.
               6. Tenders must be accompanied by a receipt certifying the lodging of a tendering security, issued by the following
                  intervention agency:
                  — Onivins-Libourne, Délégation nationale, 17 avenue de la Ballastière, boîte postale 231, F-33505 Libourne Cedex
                      (tel. (33-5) 57 55 20 00; telex 57 20 25; fax (33-5) 57 55 20 59).
                  Securities shall be for EUR 400 000.
 ---pagebreak--- L 65/6                  EN                          Official Journal of the European Communities                                                7.3.2001
              TENDERING PROCEDURE No 296/2001 EC FOR THE SALE OF ALCOHOL EXCLUSIVELY FOR USE IN THIRD
                                                         COUNTRIES IN THE FUEL SECTOR
                                 I. Place of storage, volume and characteristics of the alcohol put up for sale
                                                                                                              Regulation (EEC)
                                                                                       Volume in hectolitres
                                                                                                             No 822/87 and (EC)
    Member State                        Location                         Vat No         of alcohol at 100 %                           Type of alcohol
                                                                                                               No 1493/1999
                                                                                                vol.
                                                                                                                  Article
SPAIN                  Tarancón                                           A-3                  23 683            27 + 28                    raw
                                                                          A-3                     768            35 + 36                    raw
                                                                          B-5                  24 787            35 + 36                    raw
                                                                          A-6                  22 296            35 + 36                    raw
                                                                          A-5                  24 846            35 + 36                    raw
                                                                          B-4                   3 620            35 + 36                    raw
                                                        Total                                100 000
              On application to the intervention agency concerned, interested parties may obtain samples of the alcohol put up for sale,
              taken by a representative of the intervention agency concerned, against payment of EUR 10 per litre.
                                                        II. Destination and use of the alcohol
              The alcohol put up for sale is intended for export from the Community. It must be imported into and dehydrated in one
              of the third countries listed in Article 86 of Regulation (EC) No 1623/2000 exclusively for use in the fuel sector in a third
              country.
              Proof of the destination and use of the alcohol shall be supplied to the intervention agency concerned by an international
              surveillance firm.
              The cost of providing such proof shall be borne by the successful tenderer.
                                                               III. Submission of tenders
               1. Tenders shall relate to 100 000 hectolitres of alcohol expressed in hectolitres of alcohol at 100 % vol.
                  Tenders for smaller volumes shall not be eligible for consideration.
               2. Tenders must:
                  — either be sent by registered mail to the Commission of the European Communities, rue de la Loi/Wetstraat 200,
                      B-1049 Brussels,
                  — or delivered to the reception of building ‘Loi 130’ of the Commission of the European Communities, rue de la
                      Loi/Wetstraat 130, B-1049 Brussels, between 11.00 and 12.00 on the date mentioned in point 4.
               3. Tenders shall be submitted in a sealed double envelope, the inside envelope marked: ‘Tender under procedure No
                  296/2001 EC, sale of alcohol, exclusively for use in the fuel sector in third countries — Alcohol, DG AGRI/E/2 — Not
                  to be opened until the meeting of the group opening the tenders’, the outer envelope addressed to the Commission.
               4. Tenders must reach the Commission not later than 12 noon Brussels time on 15 March 2001.
               5. Tenders must indicate the name and address of the tenderer and:
                  (a) the reference number of the tendering procedure for the sale of alcohol exclusively for use in third countries in the
                       fuel sector, i.e. 296/2001 EC,
                  (b) the price offered, expressed in euro per hectolitre of alcohol at 100 % vol,
                  (c) all the undertakings, documents and statements provided for in Articles 88 and 97 of Regulation (EC) No
                       1623/2000 and in Annex II to this Regulation.
               6. Tenders must be accompanied by a receipt certifying the lodging of a tendering security, issued by the following
                  intervention agency:
                  — FEGA, Beneficencia 8, E-28004 Madrid (tel. (34) 913 47 65 00; telex 23427 FEGA; fax (34) 915 21 98 32)
                  Securities shall be for EUR 400 000.
 ---pagebreak--- 7.3.2001                EN                          Official Journal of the European Communities                                                   L 65/7
              TENDERING PROCEDURE No 297/2001 EC FOR THE SALE OF ALCOHOL EXCLUSIVELY FOR USE IN THIRD
                                                         COUNTRIES IN THE FUEL SECTOR
                                 I. Place of storage, volume and characteristics of the alcohol put up for sale
                                                                                       Volume in hectolitres  Regulation (EEC)
    Member State                        Location                         Vat No         of alcohol at 100 %     No 822/87             Type of alcohol
                                                                                                vol.              Article
PORTUGAL               Mealhada                                           M2                  5 725,42              35                      raw
                                                                          M3                  8 077,05              35                      raw
                       Carregado                                        Inox 1                1 336,30              35                      raw
                                                                        Inox 2                1 317,54              35                      raw
                                                                        Inox 3                2 283,26              35                      raw
                                                                        Inox 4                4 661,70              35                      raw
                                                                        Inox 5                4 038,40              35                      raw
                       Bombarral                                       Inox 147             22 560,33               35                      raw
                                                        Total                               50 000
              On application to the intervention agency concerned, interested parties may obtain samples of the alcohol put up for sale,
              taken by a representative of the intervention agency concerned, against payment of EUR 10 per litre.
                                                        II. Destination and use of the alcohol
              The alcohol put up for sale is intended for export from the Community. It must he imported into and dehydrated in one
              of the third countries listed in Article 86 of Regulation (EC) No 1623/2000 exclusively for use in the fuel sector in a third
              country.
              Proof of the destination and use of the alcohol shall be supplied to the intervention agency concerned by an international
              surveillance firm.
              The cost of providing such proof shall be borne by the successful tenderer.
                                                               III. Submission of tenders
               1. Tenders shall relate to 50 000 hectolitres of alcohol expressed in hectolitres of alcohol at 100 % vol.
                  Tenders for smaller volumes shall not be eligible for consideration.
               2. Tenders must:
                  — either be sent by registered mail to the Commission of the European Communities, rue de la Loi/Wetstraat 200,
                      B-1049 Brussels,
                  — or delivered to the reception of building ‘Loi 130’ of the Commission of the European Communities, rue de la
                      Loi/Wetstraat 130, B-1049 Brussels, between 11.00 and 12.00 on the date mentioned in point 4.
               3. Tenders shall be submitted in a sealed double envelope, the inside envelope marked: ‘Tender under procedure No
                  297/2001 EC, sale of alcohol, exclusively for use in the fuel sector in third countries — Alcohol, DG AGRI/E/2 — Not
                  to be opened until the meeting of the group opening the tenders’, the outer envelope addressed to the Commission.
               4. Tenders must reach the Commission not later than 12 noon Brussels time on 15 March 2001.
               5. Tenders must indicate the name and address of the tenderer and:
                  (a) the reference number of the tendering procedure for the sale of alcohol exclusively for use in third countries in the
                       fuel sector, i.e 297/2001 EC,
                  (b) the price offered, expressed in euro per hectolitre of alcohol at 100 % vol,
                  (c) all the undertakings, documents and statements provided for in Articles 88 and 97 of Regulation (EC) No
                       1623/2000 and in Annex II to this Regulation.
               6. Tenders must be accompanied by a receipt certifying the lodging of a tendering security, issued by the following
                  intervention agency.
                  — IVV R, Mouzinho da Silveira 5, P-1200 Lisboa (tel. (351) 213 56 33 21; telex 18508 IVV P; fax (351) 213
                      52 08 76).
                  Securities shall be for EUR 200 000.
 ---pagebreak--- L 65/8          EN                         Official Journal of the European Communities                                            7.3.2001
                                                                 ANNEX II
       List of undertakings and documents to be supplied by tenderers when submitting their tenders:
       1. Proof that the tendering security has been lodged with each intervention agency.
       2. Indication of the place of final use of the alcohol and an undertaking by the tenderer to comply with that destination.
       3. Proof, dated after the entry into force of this Regulation, that the tenderer has binding commitments to an operator in
           the fuel sector in one of the third countries listed in Article 86 of Regulation (EC) No 1623/2000. The operator
           concerned must undertake to dehydrate the awarded alcohol in one of those countries and to export it exclusively for
           use in the fuel sector.
       4. Tenders must also give the name and address of the tenderer, the reference of the notice of invitation to tender and the
           price offered, expressed in euro per hectolitre of alcohol at 100 % vol.
       5. An undertaking from the tenderer to comply with all the rules relating to the tendering procedure in question.
       6. A statement by the tenderer waiving all claims in respect of the quality and characteristics of any alcohol awarded,
           agreeing to submit to any checks made on the destination and use of the alcohol and accepting responsibility for
           providing evidence that the alcohol is used as specified in this notice of invitation to tender.
                                                                ANNEX III
       The only numbers to be used in Brussels are:
       DG AGRI/E/2 (for the attention of Mr Chiappone or Mr Innamorati):
       — telex               22037 AGREC B,
                             22070 AGREC B (Greek characters)
       — fax                 (32-2) 295 92 52.