CELEX: 31997R0212
Language: en
Date: 1997-02-04 00:00:00
Title: COMMISSION REGULATION (EC) No 212/97 of 4 February 1997 opening an individual sale by invitation to tender for the export of vinous alcohol held by the Portuguese intervention agency

No L 35/4          PeNI                   Official Journal of the European Communities                                 5. 2. 97
                                            COMMISSION REGULATION (EC) No 212/97
                                                            of 4 February 1997
                     opening an individual sale by invitation to tender for the export of vinous
                                        alcohol held by the Portuguese intervention agency
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Regulation (EEC) No 377/93, specifies the agricultural
                                                                         conversion rates to be used to convert the payments and
                                                                         securities provided for in connection with individual in­
   Having regard to the Treaty establishing the European                vitations to tender into national currency;
   Community,
                                                                        Whereas the measures provided for in this Regulation are
                                                                        in accordance with the opinion of the Management
   Having regard to Council Regulation (EEC) No 822/87 of               Committee for Wine ,
   16 March 1987 on the common organization of the
  market in wine ('), as last amended by Regulation (EC) No
   1592/96 (2),
                                                                        HAS ADOPTED THIS REGULATION :
  Having regard to Council Regulation (EEC) No 3877/88
  of 12 December 1988 laying down general rules for the
                                                                                                 Article 1
  disposal of alcohol obtained from the distillation opera­
  tions referred to in Articles 35, 36 and 39 of Regulation
  (EEC) No 822/87 and held by intervention agencies (3),                1.    A total of 70 372 hi of alcohol obtained from distil­
                                                                        lation as provided for in Article 35 of Regulation (EEC)
                                                                        No 822/87 and held by the Portuguese intervention
  Whereas Commission Regulation (EEC) No 377/93 (4), as                agency shall be sold by individual invitation to tender No
  last amended by Regulation (EC) No 3152/94 (*), lays                 217/97 EC.
  down detailed rules for the disposal of alcohol obtained
 from distillation as provided for in Articles 35, 36 and 39           2.     The alcohol offered for sale :
 of Regulation (EEC) No 822/87 and held by intervention
 agencies;                                                             — shall be for export outside the European Community,
                                                                       — must be imported into and dehydrated in one of the
                                                                            following third countries:
 Whereas, in view of the cost of storing alcohol, a sale
 should be organized by individual invitation to tender for                 — Nicaragua,
 alcohol of vinous origin obtained from distillation as
 provided for in Article 35 of Regulation (EEC) No 822/87                   — St Christopher and Nevis,
 and held by the Portuguese intervention agencies;                          — Bahamas,
                                                                            — Dominican Republic,
 Whereas the sale by invitation           to tender should cover            — Antigua and Barbuda,
 alcohol of vinous origin from            Community distillation            — Dominica,
 measures in Portugal for the             1993/94, 1994/95 and
 1995/96 wine years held by the           Portuguese intervention           — British Virgin Islands and Montserrat,
 agency, to be sent to certain countries in Central America                 — Jamaica,
 and the Caribbean under the Caribbean Basin Initiative                     — St Lucia,
 for use as motor fuel, in view of the possible outlets for
 such alcohol and in order not to disturb the market for                    — St Vincent, including the Northern Grenadines,
 alcohol and spirituous beverages;                                          — Barbados,
                                                                            — Trinidad and Tobago,
Whereas Commission Regulation (EEC) No 2192/93 (6),                         — Belize,
concerning the operative events for the agricultural                        — Costa Rica,
conversion rates used in the wine sector and amending
                                                                            — Guatemala,
(')  OJ No  L   84, 27. 3. 1987, p. 1 .                                     — Honduras, including the Swan Islands,
0    OJ No  L   206, 16. 8. 1996, p. 31 .                                   — El Salvador,
(3)  OJ No  L   346, 15. 12. 1988, p. 7.
(«)  OJ No  L   43, 20. 2. 1993, p. 6.                                      — Grenada including the Southern Grenadines,
(Ó OJ No L 332, 22. 12. 1994, p. 34.
(4 OJ No L 196, 5. 8. 1993, p. 19.                                         — Aruba,
 ---pagebreak---    5. 2. 97           I EN I             Official Journal of the European Communities                               No L 35/5
       — Netherlands Antilles: Curasao, Bonaire, St Eustace,         This guarantee shall be released only by the intervention
           Saba and the southern part of St Martin,                  agency holding the alcohol for each quantity of alcohol
       — Guyana,                                                     for which proof has been furnished that it has been
                                                                     exported within the time limit laid down in Article 5 of
       — Virgin Islands of the United States,                        this Regulation. Notwithstanding Article 23 of Regulation
                                                                    (EEC) No 2220/85, and except in cases of force majeure,
   — must be used only as motor fuel.                               where the time limit referred to in Article 5 has not been
                                                                    complied with, the guarantee to ensure export of ECU 5
                                                                    per hectolitre of alcohol at 100 % volume shall be forfeit
                                                                    as follows :
                            Article 2
                                                                    (a) 15 % in all cases;
  The    location   and   reference   numbers    of  the   vats
  concerned, the quantity of alcohol contained in each vat,         (b) 0,33 % of the amount remaining after deduction of
  the alcoholic strength and the characteristics of the                  the 15 %, for each day the time limit in question is
  alcohol as well as certain specific conditions are given in            exceeded.
  Annex I hereto.
                                                                    3.     The performance guarantee shall be ECU 25 per
                                                                    hectolitre of alcohol at 100 % volume .
                            Article 3
                                                                   This guarantee shall be released in accordance with
  The sales shall take place in accordance with Articles 13        Article 34 (3) (b) of Regulation (EEC) No 377/93.
  to 18 and 30 to 38 of Regulation (EEC) No 377/93.
                                                                   4. Notwithstanding Article 17 of Regulation (EEC) No
  However, notwithstanding Article 15 of Regulation (EEC)          377/93, the guarantees on export and performance shall
  No 377/93, the final date for the submission of tenders          be lodged simultaneously with the intervention agency
  for the invitation to tender referred to in this Regulation,     concerned, for the invitation to tender referred to in
 shall fall between the eighth and the 25th day following          Article 1 of this Regulation not later than the day of issue
 the date of publication of the individual invitation to           of a removal order for the quantity of alcohol concerned.
 tender.
                                                                   5. In the case of the guarantee to ensure export, as
                                                                   expressed in ecus per hi at 100 % volume, the agricultural
                            Article 4                              conversion rate to be applied for the conversion into
                                                                   national currency shall be that in force on the final day
                                                                   for the submission of tenders .
 1 . The tendering security referred to in Article 15 of
 Regulation (EEC) No 377/93 shall be ECU 3,622 per
 hectolitre of alcohol at 100 % volume and shall be lodged
 for the total quantity of alcohol offered for sale in the                                  Article 5
 invitation to tender referred to in Article 1 .
                                                                   1.     The alcohol awarded under the invitation to tender
 Maintenance of the tender after the time limit for submit­       referred to in Article 1 shall be exported by 30 June 1997
 ting tenders and the lodging of a guarantee to ensure            at the latest.
 export and of a performance guarantee shall constitute the
 primary requirements within the meaning of Article 20 of
 Commission Regulation (EEC) No 2220/85 (') as regards            2.      The alcohol awarded shall be used within two years
                                                                  from the date of first removal .
 the tendering security.
The tendering security lodged for the invitation to tender
referred to in Article 1 shall be released immediately if                                   Article 6
the tender is not accepted or if the successful tenderer
had lodged the entire guarantee to ensure export and the
entire performance guarantee.                                     To be valid, tenders must indicate the place where end
                                                                  use of the alcohol awarded is to take place and must
                                                                  include an undertaking by the tenderer to the effect that
2. The guarantee to ensure export shall amount to                 the alcohol will be sent to that destination and used for
ECU 5 per hectolitre of alcohol at 100 % volume and               that purpose. The tender shall also include proof that the
shall be lodged for each quantity of alcohol for which            tenderer has binding commitments with an operator in
there is a removal order under the invitation to tender           the motor fuel sector in one of the third countries listed
referred to in Article 1 of this Regulation.                      in Article 1 who has undertaken to dehydrate the alcohol
                                                                  awarded in one of those countries and to export it for use
(') OJ No L 205, 3. 8. 1985, p. 5.                                solely as motor fuel.
 ---pagebreak---  No L 35/ 6              EN               Official Journal of the European Communities                                   5 . 2. 97
                             Article 7                               2.    Where the successful tenderer refuses the merchan­
                                                                     dise, as provided for in paragraph 1 , the intervention
 1.     Before the awarded alcohol is removed, the interven­         agency shall supply him with another quantity of alcohol
 tion agency and the successful tenderer shall take a                of the requisite quality, at no extra charge, within a
 reference sample and shall analyse that sample to verify            maximum of eight days.
 the alcoholic strength expressed in % volume of the
 alcohol in question.                                               3 . If physical removal of the alcohol is delayed by
                                                                    more than five working days in relation to the date of
Where the final results of the analysis of the sample show          acceptance of the lot to be removed by the successful
 a difference between the alcoholic strength by volume of           tenderer for reasons     attributable  to  the  intervention
 the alcohol to be removed and the minimum alcoholic                agency, the Member State shall be responsible for the
 strength by volume stated in Annex I the following provi­          payment of compensation .
sions shall apply:
                                                                                             Article 8
  (i) the intervention agency shall, the same day, inform
      the Commission thereof in accordance with Annex II,           Notwithstanding the first subparagraph of Article 36 (2) of
      as well as the storer and the successful tenderer;            Regulation (EEC) No 377/93, the alcohol contained in
                                                                    the vats   indicated in    the  communication     from the
(ii) the successful tenderer may:                                   Member States referred to in Article 36 of Regulation
      — either agree to take over the lot with its character­       (EEC) No 377/93 and covered by the invitation to tender
          istics as established, subject to the Commission's        referred to in Article 1 of this Regulation may be substi­
          agreement,                                                tuted by alcohol of the same type by the intervention
      — or refuse to take over the lot in question.                 agency holding the alcohol in agreement with the
                                                                    Commission, or mixed with other alcohol delivered to the
      In either case, the successful tenderer shall, the same       intervention agency until a removal order is issued for
      day, inform the intervention agency and the Commis­           that alcohol, in particular for logistical reasons.
      sion thereof in accordance with Annex III.
                                                                                             Article 9
Once these formalities have been completed, if he has
refused to take over the lot concerned, he shall be imme­           This Regulation shall enter into force on the day of its
diately released from all his obligations relating to that          publication in the Official Journal of the European
lot.                                                                Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 4 February 1997.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                          Member of the Commission
 ---pagebreak--- 5. 2. 97         1 EN I                 Official Journal of the European Communities                                       No L 3 5/7
                                                                ANNEX I
                                 INDIVIDUAL INVITATION TO TENDER No 217/97 EC
                       I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                       Reference to
                                                             Reference   Volume in
              Member State              Location              number    hectolitres of  Regulation      Type of alcohol
                                                               of vat   pure alcohol      (EEC)
                                                                                        No 822/87
          PORTUGAL              Santarém                                   22 633           35       raw
                                Mealhada                                   47 739           35       raw
                                                  Total                    70 372
         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 Portuguese escudos, 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 de­
         hydrated in one of the non-member countries listed in Article 1 (2) of this Regulation as for use exclusively
         as motor fuel .
         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 70 372 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 Brussels, or
             — be submitted at the reception of the Loi 120 building of the Commission of the European Commun­
                  ities, rue de la Loi/Wetstraat 130, 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 217/97 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 18 February 1997.
         5. Tenders must state the name and address of the tenderer and must:
             (a) include a reference to individual sale by tender No 217/97 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,
                 as well as the final destination of the alcohol awarded, and the statement referring to the engagement
                 of an operator for dehydration and use solely in the motor fuel sector as provided for in Article 6 of
                 this Regulation.
         6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
             following intervention agency:
             — IVV, R. Mouzinho da Silveira, 5, P-1200 Lisboa (tel.: 356 33 21 ; telex: 18508 IVV P; fax: 352 08 76).
             This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 /o vol.
 ---pagebreak--- No L 35/8         EN                Official Journal of the European Communities                           5. 2. 97
                                                         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 212/97
          — 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