CELEX: 31996R2384
Language: en
Date: 1996-12-16 00:00:00
Title: COMMISSION REGULATION (EC) No 2384/96 of 16 December 1996 opening individual invitations to tender for the sale for export of vinous alcohol

17. 12. 96            EN                   Official Journal of the European Communities                            No L 326/3
                                           COMMISSION REGULATION (EC) No 2384/96
                                                          of 16 December 1 996
                     opening individual invitations to tender for the sale for export of vinous alcohol
  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 (EEC) No 822/87 of                Three sales by individual invitation to tender Nos 214/96
   16 March 1987 on the common organization of the                      EC, 215/96 EC and 216/96 EC shall be held for a total
  market in wine ('), as last amended by Regulation (EC) No             quantity of 150 000 hectolitres of alcohol obtained from
  1 592/96 (2),                                                         the distillation operations referred to in Articles 35, 36
                                                                        and 39 of Regulation (EEC) No 822/87 and held by the
  Having regard to Council Regulation (EEC) No 3877/88                  Spanish and French intervention agencies .
  of 12 December 1988 laying down general rules for the
  disposal of alcohol obtained from the distillation opera­             Each of the individual invitations to tender Nos 214/96
  tions referred to in Articles 35, 36 and 39 of Regulation             EC, 215/96 EC and 216/96 EC shall cover a quantity of
 (EEC) No 822/87 and held by intervention agencies (3),                 50 000 hectolitres of alcohol at 100 % volume .
 Whereas Commission Regulation (EEC) No 377/93 (4), as
 last amended by Regulation (EC) No 31 52/94 Q, lays                                             Article 2
 down detailed rules for the disposal of alcohol obtained
 from the distillation operations referred to in Articles 35,           The alcohol offered for sale :
 36 and 39 of Regulation (EEC) No 822/87 and held by
 intervention agencies;                                                — shall be for export outside the European Community,
 Whereas      individual    invitations    to  tender   should  be     — must be imported into and dehydrated:
 opened for the export of vinous alcohol to certain Carib­
                                                                           — in the case of individual invitations to tender No
 bean and Central American countries so as to guarantee
 continuity of supplies to those countries and reduce the                      214/96 EC one of the following third countries :
 Community stock of vinous alcohol;                                            — Costa Rica,
                                                                               — Guatemala,
 Whereas a specific security should be provided for to
 ensure that the alcohol is physically exported from the                       — Honduras, including the Swan Islands,
 customs territory of the Community and non-compliance                         — El Salvador,
 with the date laid down for export should be progressively
 penalized; whereas this security must be independent of                       — Nicaragua,
 the performance guarantee ensuring that the alcohol is
                                                                           — in the case of individual invitations to tender Nos
 removed from storage and the awarded alcohol is used for
 the purposes laid down ;                                                      215/96 EC and 216/96 EC one of the following
                                                                               third countries :
Whereas Commission Regulation (EEC) No 2192/93 (6),                            — Saint Christopher and Nevis,
concerning the operative events for the agricultural
                                                                               — Bahamas,
conversion rates used in the wine sector and amending
Regulation (EEC) No 377/93, specifies the agricultural                         — Dominican Republic,
conversion rates to be used to convert the payments and                       — Antigua and Barbuda,
securities provided for in connection with individual in­
vitations to tender into national currency;                                   — Dominica,
                                                                              — British Virgin Islands and Montserrat,
Whereas the measures provided for in this Regulation are                      — Jamaica,
in accordance with the opinion of the Management
Committee for Wine,                                                           — Saint Lucia,
                                                                              — Saint Vincent, including the Northern Gren­
(')  OJ No   L  84, 27. 3. 1987, p. 1 .                                            adines,
(2)  OJ No   L  206, 16. 8 . 1996, p. 31 .                                    — Barbados,
0    OJ No   L  346, 15. 12. 1988, p. 7.
(4)  OJ No   L  43, 20. 2. 1993, p. 6.                                        — Trinidad and Tobago,
(4 OJ No L 332, 22. 12. 1994, p. 3<
(6) OJ No L 196, 5. 8 . 1993, p. 19.                                          — Belize,
 ---pagebreak---     No L 326/4           EN I             Official Journal of the European Communities                                  17 . 12. 96
            — Grenada, including the Southern Grenadines,              there is a removal order under each of the invitations to
            — Aruba,                                                   tender referred to in Article 1 of this Regulation .
            — Netherlands Antilles (Curasao, Bonaire, Saint            This guarantee shall be released only by the intervention
                Eustace, Saba and the southern part of Saint           agency holding the alcohol for each quantity of alcohol
                Martin),                                               for which proof has been furnished that it has been
           — Guyana,                                                   exported within the time limit laid down in Article 6 of
                                                                       this Regulation .
           — United States Virgin Islands,
           — Haiti ,                                                   Notwithstanding Article 23 of Regulation (EEC) No
                                                                      2220/85, and except in cases of force majeure, where the
   — must be used only as motor fuel .
                                                                      time limit referred to in Article 6 has not been complied
                                                                      with, the guarantee to ensure export of ECU 5 per hecto­
                                                                      litre of alcohol at 100 % volume shall be forfeit as
                             Article 3                                follows:
   The    location   and   reference   numbers    of  the   vats      (a) 15 % in all cases;
   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 30 per
                                                                     hectolitre of alcohol at 100 % volume .
                             Article 4
                                                                     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 1 5 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 each intervention agency
  for the invitations to tender referred to in this Regulation,      concerned, for each of the invitations to tender referred to
  shall fall between the eighth and the 25th day following           in Article 1 of this Regulation not later than the day of
  the date of publication of the individual invitations to          issue of a removal order for the quantity of alcohol
  tender.                                                           concerned .
                                                                    5.      The agricultural conversion rate to be applied for the
                             Article 5                              conversion into national currency shall be that in force on
                                                                    the final day for the submission of tenders for the invita­
  1 . The tendering security referred to in Article 15 of           tion in question in the case of the guarantee to ensure
 Regulation (EEC) No 377/93 shall be ECU 3,622 per                  export, as expressed in ecus per hi at 100 % volume .
 hectolitre of alcohol at 100 % volume and shall be lodged
 for the total quantity of alcohol offered for sale in each of                                 Article 6
 the invitations to tender referred to in Article 1 .
                                                                    1.      The alcohol awarded under the invitations 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          2.       The alcohol awarded shall be used within two years
 Commission Regulation (EEC) No 2220/85 (') as regards             from the date of first removal .
 the tendering security.
The tendering security lodged for each of the invitations                                      Article 7
to tender referred to in Article 1 shall be released im­
mediately if the tender is not accepted or if the successful       To be valid, tenders must indicate the place where end
tenderer had lodged the entire guarantee to ensure export          use of the alcohol awarded is to take place and must
and the entire performance guarantee for the invitation to         include an undertaking by the tenderer to the effect that
tender in question .                                               the alcohol will be sent to that destination and used for
                                                                   that purpose . The tender shall also include proof that the
2. The guarantee to ensure export shall amount to                  tenderer has binding commitments with an operator in
ECU 5 per hectolitre of alcohol at 100 % volume and                the motor fuel sector in one of the third countries listed
shall be lodged for each quantity of alcohol for which             in Article 2 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---   17. 12. 96          I EN                Official Journal of the European Communities                                No L 326/ 5
                             Article 8                               agency, the Member State shall be responsible for the
                                                                     payment of compensation .
  1.     Before the awarded alcohol is removed, the interven­
  tion agency and the successful tenderer shall take a                                         Article 9
  reference sample and shall analyse that sample to verify
  the alcoholic strength expressed in % volume of the                1.    Successful tenderers for the individual invitations to
  alcohol in question .                                              tender Nos 215/96 EC and 216/96 EC may, by common
                                                                     agreement, exchange an equal quantity of alcohol stored
 Where the final results of the analysis of the sample show          in the designated vats in the same Member State for the
 a difference between the alcoholic strength by volume of            purposes provided for in those invitations to tender.
 the alcohol to be removed and the minimum alcoholic
                                                                     2. Such exchange shall not affect the obligations of the
 strength by volume stated in the notice of invitation to            tenderers concerned, particularly as regards the price to be
 tender, the following provisions shall apply:                       paid and the time limit for removal and use of the alcohol
  (i) the intervention agency shall, the same day, inform            awarded to them indicated in the invitation to tender
      the Commission thereof in accordance with Annex II,            concerned .
      as well as the storer and the successful tenderer,            3.    Successful tenderers who wish to make such an
 (ii) the successful tenderer may:                                  exchange must give prior notice to the intervention agen­
                                                                    cies concerned .
      — either agree to take over the lot with its character­
          istics as established, subject to the Commission's        4. If such exchange affects the planned timetable for
          agreement,
                                                                    physical removal of the alcohol, that timetable shall
                                                                    immediately be amended and that amendment notified to
      — or refuse to take over the lot in question .                the Commission .
      In either case, the successful tenderer shall, the same
                                                                                              Article 10
      day, inform the intervention agency and the Commis­
      sion thereof in accordance with Annex III .                   Notwithstanding the first subparagraph of Article 36 (2) of
                                                                    Regulation (EEC) No 377/93, the alcohol contained in
Once these formalities have been completed, if he has               the vats   indicated   in  the   communication      from   the
refused to take over the lot concerned, he shall be im­             Member States referred to in Article 36 of Regulation
mediately released from all his obligations relating to that       (EEC) No 377/93 and covered by the invitation to tender
lot.                                                                referred to in Article 1 of this Regulation may be substi­
                                                                    tuted by alcohol of the same type by the intervention
2.      Where the successful tenderer refuses the mer­             agencies holding the alcohol concerned in agreement
chandise, as provided for in paragraph 1 , the intervention        with the Commission , or mixed with other alcohol de­
agency shall supply him with another quantity of alcohol           livered to the intervention agency until a removal order is
of the requisite quality, at no extra charge, within a             issued for that alcohol, in particular for logistical reasons.
maximum of eight days.
                                                                                              Article 11
3 . If physical removal of the alcohol is delayed by
more than five working days in relation to the date of             This Regulation shall enter into force on the day of its
acceptance of the lot to be removed by the successful              publication in the Official Journal of the European
tenderer for reasons attributable        to the    intervention     Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 16 December 1996.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                         Member of the Commission
 ---pagebreak--- No L 326/6         ( ENl                     Official Journal of the European Communities                                    17. 12. 96
                                                                     ANNEX I
                                    INDIVIDUAL INVITATION TO TENDER No 214/96 EC
                        I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                              Reference to
                                                                                Volume in
                                                                   Reference                   Regulation
                Member State                 Location                          hectolitres of                Type of alcohol
                                                                 number of vat                   (EEC)
                                                                               pure alcohol    No 822/ 87
            FRANCE               Port-la-Nouvelle                       1        40 606        35 + 36     Raw alcohol
                                 Avenue Adolphe­
                                 Turrel
                                 Boîte postale 62
                                 F-11210 Port-la­
                                 Nouvelle
                                 Soterm                               92           9 394       35 + 36     Raw alcohol
                                 39, Avenue Georges­
                                 Brassens
                                 F - 1 32 1 0 Port-Saint­
                                 Louis-du-Rhône
                                                      Total                      50 000
          Any interested party may, on application to the intervention agency concerned and on payment of ECU
          2,415 per litre or the equivalent thereof in French francs, 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 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 50 000 hectolitres of alcohol, expressed in hectolitres of
               alcohol at 100 % vol .
               Any tender relating to a smaller quantity will not be considered.
         2 . Tenders must:
               — be sent by registered mail to the Commission of the European Communities, 200 rue de la Loi/
                   Wetstraat, B-1049 Brussels, or
              — be submitted at the reception of the Loi 130 building of the Commission of the European Commu­
                   nities, 130 rue de la Loi/Wetstraat, 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 214/96 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 8 . 1 . 1997.
         5. Tenders must state the name and address of the tenderer and must:
              (a) include a reference to individual sale by tender No 214/96 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,
                  specify the final destination of the alcohol awarded and include proof of a commitment with an
                  operator for dehydration and use solely as motor fuel .
         6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
              following intervention agency:
              — SAV par délégation de l'Onivins, zone industrielle, avenue de la Ballastiere, boîte postale 231 , F-33505
                  Libourne Cedex (tel. (05) 57 55 20 00; telex 572 025; fax (05) 57 55 20 59).
              This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 /0 vol.
 ---pagebreak--- 17. 12. 96           EN                  Official Journal of the European Communities                                     No L 326/7
                                   INDIVIDUAL INVITATION TO TENDER No 215 /96 EC
                       I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                             Reference to
                                                                               Volume in
                                                                  Reference                   Regulation
                Member State               Location                           hectolitres of              Type of alcohol
                                                                number of vat                   (EEC)
                                                                              pure alcohol    No 822/87
            SPAIN                Villarrobledo                       18          23 341       35 + 36     Raw alcohol
                                 Villarrobledo                       17         26 659            39      Raw alcohol
                                                      Total                     50 000
           Any interested party may, on application to the intervention agency concerned and on payment of ECU
           2,415 per litre or the equivalent thereof in Spanish pesetas, obtain samples of the alcohol offered for sale.
           Such samples shall be taken by a representative of the intervention agency concerned.
                                               II . Destination and use of the alcohol
           The alcohol offered for sale must be exported from the Community. It must be imported into and de­
           hydrated in one of the non-member countries listed in Article 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 50 000 hectolitres of alcohol, expressed in hectolitres of
               alcohol at 100 % vol .
               Any tender relating to a smaller quantity will not be considered.
           2 . Tenders must:
               — be sent by registered mail to the Commission of the European Communities, 200 rue de la Loi/
                   Wetstraat, B-1049 Brussels, or
               — be submitted at the reception of the Loi 130 building of the Commission of the European Commu­
                   nities, 130 rue de la Loi/Wetstraat, 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 215/96 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 8 . 1 . 1997.
           5. Tenders must state the name and address of the tenderer and must:
               (a) include a reference to individual sale by tender No 215/96 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,
                   specify the final destination of the alcohol awarded and include proof of a commitment with an
                   operator for dehydration and use solely as motor fuel .
           6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
               following intervention agency:
               — FEGA, Beneficencia 8, E-28004 Madrid (tel. 347 65 00, telex: 23427 FEGA, fax: 521 98 32).
               This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 /o vol.
 ---pagebreak--- No L 326/8           EN                 Official Journal of the European Communities                                     17 . 12. 96
                                  INDIVIDUAL INVITATION TO TENDER No 216/96 EC
                       I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                            Reference to
                                                                              Volume in
                                                                 Reference                   Regulation
               Member State               Location                           hectolitres of              Type of alcohol
                                                               number of vat                   (EEC)
                                                                             pure alcohol    No 822/87
           SPAIN                Villarrobledo                       14          26 780       35 + 36     Raw alcohol
                                Villarrobledo                       18             697       35 + 36     Raw alcohol
                                Villarrobledo                       21         22 523        35 + 36     Raw alcohol
                                                     Total                     50 000
          Any interested party may, on application to the intervention agency concerned and on payment of ECU
           2,415 per litre or the equivalent thereof in Spanish pesetas, obtain samples of the alcohol offered for sale.
           Such samples shall be taken by a representative of the intervention agency concerned.
                                              II . Destination and use of the alcohol
          The alcohol offered for sale must be exported from the Community. It must be imported into and de­
          hydrated in one of the non-member countries listed in Article 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 50 000 hectolitres of alcohol, expressed in hectolitres of
               alcohol at 100 % vol .
              Any tender relating to a smaller quantity will not be considered.
          2 . Tenders must:
              — be sent by registered mail to the Commission of the European Communities, 200 rue de la Loi/
                   Wetstraat, B-1049 Brussels, or
              — be submitted at the reception of the Loi 130 building of the Commission of the European Commu­
                   nities, 130 rue de la Loi/Wetstraat, 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 216/96 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 8 . 1 . 1997.
          5. Tenders must state the name and address of the tenderer and must:
              (a) include a reference to individual sale by tender No 216/96 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,
                  specify the final destination of the alcohol awarded and include proof of a commitment with an
                  operator for dehydration and use solely as motor fuel .
         6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
              following intervention agency:
              — FEGA, Beneficencia 8, E-28004 Madrid (tel. 347 65 00, telex: 23427 FEGA, fax: 521 98 32).
              This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.
 ---pagebreak--- 17. 12. 96      [ EN                Official Journal of the European Communities                            No L 326/9
                                                         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 2384 /96
           — 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