CELEX: 31993R1058
Language: en
Date: 1993-05-01 00:00:00
Title: Commission Regulation (EEC) No 1058/93 of 29 April 1993 opening individual sales by invitation to tender for the export of vinous alcohol held by intervention agencies

No L 108/76                             Official Journal of the European Communities                                  1 . 5. 93
                                       COMMISSION REGULATION (EEC) No 1058/93
                                                        of 29 April 1993
                   opening individual sales by invitation to tender for the export of vinous alcohol
                                                 held by intervention agencies
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas, to simplify the tender procedure, the location
                                                                   and characteristics of the wine placed on sale as well as
 Having regard to the Treaty establishing the European             certain specific conditions figuring previously in a
 Economic Community,                                               separate notice should henceforth be mentioned in the
                                                                   Annex to the Regulation on tendering ;
 Having regard to Council Regulation (EEC) No 822/87 of
 16 March 1987 on the common organization of the                   Whereas Commission Regulation (EEC) No 3821 /92 (*)
 market in wine ('), as last amended by Regulation (EEC)           provides for the use of the agricultural conversion rate in
 No 1756/92 (2),                                                   force on the day before the date of publication of the
                                                                   notice of invitation to tender for converting the payments
 Having regard to Council Regulation (EEC) No 3877/88              and guarantees concerned into national currencies ;
 of 12 December 1988 laying down general rules for the             whereas as a result of the insertion of this notice into the
 disposal of alcohol obtained from the distillation                Annex to the Regulation on tendering the agricultural
 operations referred to in Articles 35, 36 and 39 of               conversion rate to be used is that in force on the day
 Regulation (EEC) No 822/87 and held by intervention               before the publication of the said Regulation ;
 agencies (3),
                                                                   Whereas the measures provided for in this Regulation are
 Whereas Commission Regulation (EEC) No 377/93 (4)                 in accordance with the opinion of the Management
 lays down detailed rules for the disposal of alcohol              Committee for Wine,
 obtained from distillation as provided for in Articles 35,
 36 and 39 of Regulation (EEC) No 822/87 and held by
 intervention agencies ;
                                                                   HAS ADOPTED THIS REGULATION :
 Whereas, in view of the cost of storing alcohol, individual
 sales by invitation to tender should be opened for vinous
 alcohol obtained from distillation as provided for in                                       Article 1
 Articles 35, 36 and 39 of Regulation (EEC) No 822/87
 and held by the French and Spanish intervention                   1 . Two individual sales by invitation to tender Nos
 agencies ;                                                        96/93 to 97/93 shall be held of a total quantity of 300 000
                                                                   hi of alcohol obtained from distillation as provided for in
 Whereas individual sales by invitation to tender should be        Articles 35, 36 and 39 of Regulation (EEC) No 822/87
 organized for the export of alcohol to certain third              and held by the French and Spanish intervention
 countries for end use as motor fuel ; whereas these               agencies.
 countries should be given an assurance of greater
 continuity of supply ;                                            Each of the individual invitations to tender Nos 96/93
                                                                   and 97/93 shall cover 150 000 hi of alcohol at 100 % vol .
 Whereas the invitations to tender opened by this
 Regulation relate to certain third countries where there is       2.    The alcohol offered for sale :
 some guarantee that exports of vinous alcohol will not
 disturb their markets in alcohol and spirituous beverages ;       — shall be for export to outside the European Economic
whereas the amount of and detailed rules for the release               Community,
of the performance security may be adapted accordingly ;
                                                                   — must be imported into and dehydrated in one of the
                                                                       following third countries :
Whereas sales should be organized separately for dispatch
to certain countries in Central America and to Caribbean              — St Christopher and Nevis,
countries covered by the Caribbean Basin Initiative, in
                                                                      — Haiti,
particular to take account of certain extra costs resulting
from the difference in distance and the possibilities of              — Bahamas,
securing onward or return freight in the countries                    — Dominican Republic,
concerned by the countries concerned by the Caribbean
Basin Initiative ;                                                    — Antigua and Barbuda,
                                                                      — Dominica,
(') OJ  No  L  84, 27. 3. 1987, p. 1 .                                — British Virgin Islands and Montserrat,
(2) OJ  No  L  180, 1 . 7. 1992, p. 27.
0   OJ  No  L  346, 15. 12. 1988, p. 7.
(4) OJ  No  L  43, 20. 2. 1993, p. 6.                              0 OJ No L 387, 31 . 12. 1992, p. 84.
 ---pagebreak--- 1 . 5. 93                              Official Journal of the European Communities                            No L 108/77
     — Jamaica,                                                  However :
     — St Lucia,                                                 — one half of the performance security shall be released
     — St Vincent, including the Northern Grenadines,                by the intervention agency holding the alcohol on
    — Barbados,                                                      removal of the quantity concerned from the agency's
                                                                     stores when the successful tenderer furnishes proof
    — Trinidad and Tobago,                                           that that quantity has been placed under customs
     — Grenada, including the Southern Grenadines,                   supervision in the territory of one of the third
     — Aruba,                                                        countries listed in Article 1 (2),
    — Netherlands        Antilles :  Curasao,   Bonaire,   St    — the remainder of the performance security shall be
        Eustace, Saba and the southern part of St Martin,            released in accordance with Article 34 (3) (b) of
                                                                     Regulation (EEC) No 377/93.
    — Guyana,
    — Virgin Islands of the United States,                       In addition, to be admissible, tenders must indicate the
                                                                 place where end use of the alcohol awarded is to take
— must be used only as motor fuel.                               place and must include an undertaking by the tenderer to
                                                                 the effect that the alcohol will be sent to that destination
                           Article 2                             and used for that purpose. Tenders must also include a
                                                                 statement by the tenderer to the effect that he has
The    location  and     reference   numbers    of the   vats    binding commitments with an operator in the motor fuel
concerned, the quantity of alcohol contained in each vat,        sector in one of the third countries listed in Article 1 (2)
the alcoholic strength and the characteristics of the            who has undertaken to dehydrate the alcohol awarded in
alcohol as well as certain specific conditions are given in      one of these countries and to export it for use solely in
the Annex hereto.                                                the motor fuel sector.
                                                                                          Article 4
                           Article 3
The sales shall take place in accordance with Regulation         This Regulation shall enter into force on the day of its
(EEC) No 377/93 and in particular Articles 10 to 18 and          publication in the Official Journal of the European
30 to 38 thereof.                                                Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 29 April 1993.
                                                                           For the Commission
                                                                             Rene STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- No L 108/78                             Official Journal of the European Communities                                     1.-5. 93
                                                                 ANNEX
                                  INDIVIDUAL INVITATION TO TENDER No 96/93 EC
                      I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                           Volume in   Reference to
               Member State             Location           nurrfbei^of^at hectolitres   ^/E EQ0"      Type of alcohol
                                                                          pure alcohol      822}87
           FRANCE               Longuefuye
                                53200     —      Chateau
                                Gontier                                      22 485         35      Raw alcohol + 92°
                                Miroline
                                14600 — Honfleur                             52 515         35      Raw alcohol + 92°
                                Provence Mazout
                                13230 — Port-Saint­
                                Louis-du-Rhone                               19 030         35      Raw alcohol + 92°
                                Provence Mazout
                                13230 — Port-Saint­
                                Louis-du-Rhone                               55 970         35      Raw alcohol + 92°
                                                 Total                      150 000
          Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
          per litre or the equivalent thereof in 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 dehy­
          drated 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 150 000 hectolitres of alcohol, expressed in hectolitres of
              alcohol at 100 % vol.
              Any tender relating to a smaller quantity will not be considered.
          2. Tenders must :
              — be sent by registered mail to the Commission of the European Communities, 200 rue de la Loi,
                  B-1049 Brussels, or
              — be submitted at the reception of the Loi 1 20 building of the Commission of the European Communi­
                  ties, 130 rue de la Loi, B-1049 Brussels, between 11 a.m. and 12 noon on the date mentioned in point
                  4.
          3. Tenders must be enclosed in a sealed envelope marked Tender for individual sale No 96/93 EC (alcohol),
              DG VI-E-3 — to be opened only at the meeting of the group', which itself must be enclosed in an enve­
              lope addressed to the Commission.
          4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 18 May 1993.
 ---pagebreak--- 1 . 5. 93                             Official Journal of the European Communities                                      No L 108/79
          5. Tenders must state the name and address of the tenderer and must :
             (a) include a reference to individual sale by tender No 96/93 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 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 provided for in Article 3 of this Regu­
                 lation.
          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 1 Onivins, zone industrielle, avenue de la Ballastière, boîte postale 231 , F-33505
                 Libourne Cedex (tel. 57 51 03 03 ; telex : 572 025 ; fax : 57 25 07 25).
             This security must correspond to a sum of ECU 3 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 20 per hectolitre
          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--- No L 108/80                             Official Journal of the European Communities                                       1 . 5. 93
                                  INDIVIDUAL INVITATION TO TENDER No 97/93 EC
                      I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                          Volume in     Reference to
              Member State              Location            number^of^at hectolitre5 of                 Type of alcohol
                                                                         pure alcohol    N(J %2{j%1
          SPAIN                 Tarancon                       F-10          19 879          39      Raw alcohol
                                (Cuenca)
                                Villarrobledo                     26        41 863       35 + 36     Raw alcohol
                                (Albacete)
                                Villarrobledo                     21        41 795       35 + 36     Raw alcohol
                                (Albacete)
                                Tomelloso                          1        46 463       35 + 36     Raw alcohol
                                (Ciudad Real)
                                                  Total                    150 000
          Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
          per litre or the equivalent thereof in 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 dehy­
          drated 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 150 000 hectolitres of alcohol, expressed in hectolitres of
              alcohol at 100 % vol.
              Any tender relating to a smaller quantity will not be considered.
          2. Tenders must :
              — be sent by registered mail to the Commission of the European Communities, 200 rue de la Loi,
                   B-1049 Brussels, or
              — be submitted at the reception of the Loi 120 building of the Commission of the European Communi­
                  ties, 130 rue de la Loi, B-1049 Brussels, between 11 a.m. and 12 noon on the date mentioned in point
                  4.
          3. Tenders must be enclosed in a sealed envelope marked Tender for individual sale No 97/93 EC (alcohol),
              DG VI-E-3 — to be opened only at the meeting of the group', which itself must be enclosed in an enve­
              lope addressed to the Commission.
          4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 18 May 1993.
          5. Tenders must state the name and address of the tenderer and must :
              (a) include a reference to individual sale by tender No 97/93 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 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 provided for in Article 3 of this Regu­
                  lation .
          6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
              following intervention agency :
              — SENPA, Beneficiencia 8, E-28004 Madrid (tel. : 347 65 00 ; telex : 23427 SENPA ; fax : 521 98 32).
              This security must correspond to a sum of ECU 3 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 20 per hectolitre
          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.