CELEX: 31994R2406
Language: en
Date: 1994-10-05 00:00:00
Title: Commission Regulation (EC) No 2406/94 of 4 October 1994 opening an individual sale by invitation to tender for the export of vinous alcohol held by the Portuguese intervention agencies

5. 10 . 94                               Official Journal of the European Communities                             No L 257/7
                                      COMMISSION REGULATION (EC) No 2406/94
                                                       of 4 October 1994
                  opening an individual sale by invitation to tender for the export of vinous
                                   alcohol held by the Portuguese intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas the measures provided for in this Regulation are
                                                                   in accordance with the opinion of the Management
                                                                   Committee for Wine,
Having regard to the Treaty establishing the European
Community,
                                                                   HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 822/87 of
16 March 1987 on the common organization of the                                             Article 1
market in wine ('), as last amended by Regulation (EC)
                                                                   1.    A total of 83 757 hi of alcohol obtained from distil­
No 1891 /94 (2),
                                                                   lation as provided for in Articles 35 and 39 of Regulation
                                                                   (EEC) No 822/87 and held by the Portuguese intervention
Having regard to Council Regulation (EEC) No 3877/88               agency shall be sold by individual invitation to tender
of 12 December 1988 laying down general rules for the              No 150/94 EC.
disposal of alcohol obtained from the distillation opera­
tions referred to in Articles 35, 36 and 39 of Regulation          2.    The alcohol offered for sale :
(EEC) No 822/87 and held by intervention agencies (3),             — shall be for export to outside the European Commu­
                                                                       nity,
Whereas Commission Regulation (EEC) No 377/93 (4), as              — must be imported into and dehydrated in one of the
amended by Regulation (EEC) No 2192/93 (*), lays down                  following third countries :
detailed rules for the disposal of alcohol obtained from
                                                                       — St Christopher and Nevis,
distillation as provided for in Articles 35, 36 and 39 of
Regulation (EEC) No 822/87 and held by intervention                    — Bahamas,
agencies ;                                                             — Dominican Republic,
                                                                       — Antigua and Barbuda,
Whereas, in view of the cost of storing alcohol, a sale                — Dominica,
should be organized by individual invitation to tender for             — British Virgin Islands and Montserrat,
alcohol of vinous origin obtained from distillation as                 — Jamaica,
provided for in Articles 35 and 39 of Regulation (EEC)                 — St Lucia,
No 822/87 and held by the Portuguese intervention agen­
cies ;                                                                 — St Vincent including the Northern Grenadines,
                                                                       — Barbados,
                                                                       — Trinidad and Tobago,
Whereas the sale by invitation to tender should cover
alcohol of vinous origin from Community distillation                   — Belize,
measures in Portugal from the 1991 /92 wine year held by                — Costa Rica,
the Portuguese intervention agency, to be sent to certain               — Guatemala,
countries in Central America and the Caribbean under
                                                                       — Honduras, including the Swan Islands,
the Caribbean Basin Initiative for use as motor fuel, in
                                                                        — El Salvador,
view of the possible outlets for such alcohol and in order
not to disturb the market for alcohol and spirituous                    — Grenada including the Southern Grenadines,
beverages ;                                                             — Aruba,
                                                                        — Netherlands     Antilles :   Curasao,  Bonaire,    St
Whereas Regulation (EEC) No 2192/93 concerning the                         Eustace, Saba and the southern part of St Martin,
operative events for the agricultural conversion rates used             — Guyana,
in the wine sector and amending Regulation (EEC)                        — Virgin Islands of the United States,
No 377/93 specifies the agricultural conversion rates to be
applied in order to convert the payments and securities            — must be used only as motor fuel .
provided for in connection with individual invitations to
tender into national currency ;                                                              Article 2
                                                                   The    location   and  reference   numbers    of  the  vats
(') OJ  No  L 84, 27. 3. 1987, p. 1 .                              concerned, the quantity of alcohol contained in each vat,
(2) OJ  No  L  197, 30 . 7. 1994, p. 42.                           the alcoholic strength and the characteristics of the
(3) OJ  No  L 346, 15. 12. 1988, p. 7.
(4) OJ  No  L 43, 20. 2. 1993, p. 6.                               alcohol as well as certain specific conditions are given in
0   OJ  No  L  196, 5. 8. 1993, p. 19.                             the Annex hereto.
 ---pagebreak--- No L 257/8                            Official Journal of the European Communities                                 5. 10 . 94
                          Article 3                              the effect that the alcohol will be sent to that destination
                                                                 and used for that purpose. Tenders must also include a
The sales shall take place in accordance with Regulation         statement by the tenderer to the effect that he has
(EEC) No 377/93, and in particular Articles 10 to 18 and         binding commitments with an operator in the motor fuel
30 to 38 thereof.
                                                                 sector in one of the third countries listed in Article 1 (2)
However :                                                        who has undertaken to dehydrate the alcohol awarded in
                                                                 one of these countries and to export it for use solely in
— one half of the performance security shall be released         the motor fuel sector.
    by the intervention agency holding the alcohol on
    removal of the quantity concerned from the agency's
    stores when the successful tenderer furnishes proof          Furthermore, actual removal of the alcohol from the
    that that quantity has been placed under customs             stores must be completed by 31 January 1995 at the
    supervision in the territory of one of the third coun­       latest.
    tries listed in Article 1 (2),
— the remainder of the performance security shall be
    released in accordance with Article 34 (3) (b) of Regu­                               Article 4
    lation (EEC) No 377/93 .
In addition, to be admissible, tenders must indicate the         This Regulation shall enter into force on the day of its
place where end use of the alcohol awarded is to take            publication in the Official Journal of the European
place and must include an undertaking by the tenderer to         Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 4 October 1994.
                                                                          For the Commission
                                                                             Rene STEICHEN
                                                                       Member of the Commission
 ---pagebreak--- 5. 10 . 94                             Official Journal of the European Communities                                       No L 257 9
                                                               ANNEX
                                 INDIVIDUAL INVITATION TO TENDER No 150/94 EC
                      I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                          Reference to
                                                                             Volume in
               Member State              Location
                                                               Reference
                                                                           hectolitres of  Regulation    Type of alcohol
                                                             number of vat                   (EEC)
                                                                            pure alcohol   No 822/87
           PORTUGAL             Bombarral                                     33 573           35       raw
                                Carregado                                      10 412          35       raw
                                Carregado                                          764         39       raw
                                Santarem                                       13 103          35       raw
                                Santarem                                           952         35       neutral
                                Valpa?os                                         8 746         35       raw
                                Mealhada                                       1 6 207         35       raw
                                Total raw alcohol                             82 805
                                Total neutral alcohol                              952
                                                   Total                      83 757
           Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
           per litre or the equivalent thereof in Portuguese escudos, obtain samples of the alcohol put up for sale. Such
           samples will 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 83 757 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 150/94 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.
 ---pagebreak--- No L 257/ 10                           Official Journal of the European Communities                                     5. 10. 94
           4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 20. 10. 1994.
           5. Tenders must state the name and address of the tenderer and must :
              (a) include a reference to individual sale by tender No 150/94 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
                  Regulation.
           6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
              following intervention agency :
              — IW, R. Mouzinho da Silveira, 5, P-1200 Lisboa, (tel.: 356 33 21 ; telex : 185 08 IW P ; fax :
                  352 08 76).
              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.