CELEX: 32000R0282
Language: en
Date: 2000-02-04 00:00:00
Title: Commission Regulation (EC) No 282/2000 of 4 February 2000 opening individual invitations to tender for the sale for export of vinous alcohol

L 31/8                  EN                     Official Journal of the European Communities                                      5. 2. 2000
                                           COMMISSION REGULATION (EC) No 282/2000
                                                            of 4 February 2000
                       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 16                 Three sales by individual invitation to tender Nos 282/2000
March 1987 on the common organisation of the market in                    EC, 283/2000 EC, and 284/2000 EC shall be held for a total
wine (1), as last amended by Regulation (EC) No 1677/1999 (2),            quantity of 158 018,36 hectolitres of alcohol obtained from
                                                                          the distillation operations referred to in Articles 35 and 36 of
                                                                          Regulation (EEC) No 822/87 and held by the French, Spanish
Having regard to Council Regulation (EEC) No 3877/88 of 12                and Portuguese intervention agencies.
December 1988 laying down general rules for the disposal of
alcohol obtained from the distillation operations referred to in
Articles 35, 36 and 39 of Regulation (EEC) No 822/87 and                  Each of the individual invitations to tender Nos 282/2000 EC
held by intervention agencies (3),                                        and 283/2000 EC shall cover a quantity of 50 000 hectolitres
                                                                          of alcohol at 100 % volume and the individual invitations to
                                                                          tender No 284/2000 EC shall cover a quantity of 58 018,36
Whereas:                                                                  hectolitres of alcohol at 100 % volume.
(1)     Commission Regulation (EEC) No 377/93 (4), as last
        amended by Regulation (EC) No 1448/97 (5), lays down
        detailed rules for the disposal of alcohol obtained from                                       Article 2
        the distillation operations referred to in Articles 35, 36
        and 39 of Regulation (EEC) No 822/87 and held by                  The alcohol offered for sale:
        intervention agencies.
                                                                          — shall be for export outside the European Community,
                                                                          — must be imported into and dehydrated in one of the
(2)     Individual invitations to tender should be opened for the             following third countries:
        export of vinous alcohol to certain Caribbean and
        Central American countries so as to guarantee                         — Costa Rica,
        continuity of supplies to those countries and reduce the              — Guatemala,
        Community stock of vinous alcohol.
                                                                              — Honduras, including the Swan Islands,
(3)     A specific security should be provided for to ensure that             — El Salvador,
        the alcohol is physically exported from the customs                   — Nicaragua,
        territory of the Community and non-compliance with
        the date laid down for export should be progressively                 — St Kitts and Nevis,
        penalised. This security must be independent of the                   — Bahamas,
        performance guarantee ensuring that the alcohol is
        removed from storage and the awarded alcohol is used                  — Dominican Republic,
        for the purposes laid down.                                           — Antigua and Barbuda,
                                                                              — Dominica,
(4)     Since Council Regulation (EC) No 2799/98 of 15                        — British Virgin Islands and Montserrat,
        December 1998 on establishing agrimonetary arrange-
        ments for the euro (6), tender prices and guarantees must             — Jamaica,
        be expressed in euro and payments must be made in                     — Saint Lucia,
        euro.
                                                                              — Saint Vincent, including the Northern Grenadines,
                                                                              — Barbados,
(5)     The measures provided for in this Regulation are in
        accordance with the opinion of the Management                         — Trinidad and Tobago,
        Committee for Wine,
                                                                              — Belize,
()
 1  OJ L  84, 27.3.1987, p. 1.                                                — Grenada, including the Southern Grenadines,
(2) OJ L  199, 30.7.1999, p. 8.
(3) OJ L  346, 15.12.1988, p. 7.                                              — Aruba,
(4) OJ L  43, 20.2.1993, p. 6.
(5) OJ L  198, 25.7.1997, p. 4.                                               — Netherlands Antilles (Curação, Bonaire, Saint Eustace,
(6) OJ L  349, 24.12.1998, p. 1.                                                  Saba and the southern part of Saint Martin),
 ---pagebreak--- 5. 2. 2000            EN                      Official Journal of the European Communities                                          L 31/9
     — Guyana,                                                            (a) 15 % in all cases;
     — United States Virgin Islands,
                                                                         (b) 0,33 % of the amount remaining after deduction of the
     — Haiti,                                                                  15 %, for each day the time limit in question is exceeded.
— must be used only as motor fuel.
                                                                         3.      The performance guarantee shall be EUR 25 per hecto-
                                                                         litre of alcohol at 100 % volume.
                              Article 3
                                                                         This guarantee shall be released in accordance with Article
The location and reference numbers of the vats concerned, the            34(3)(b) of Regulation (EEC) No 377/93.
quantity of alcohol contained in each vat, the alcoholic
strength and the characteristics of the alcohol as well as certain       4.      Notwithstanding Article 17 of Regulation (EEC) No 377/
specific conditions are given in Annex I hereto.                         93, the guarantees on export and performance shall be lodged
                                                                         simultaneously with each intervention agency concerned, for
                                                                         each of the invitations to tender referred to in Article 1 of this
                                                                         Regulation not later than the day of issue of a removal order
                              Article 4                                  for the quantity of alcohol concerned.
The sales shall take place in accordance with Articles 13 to 18,
30 to 34 and 36 to 38 of Regulation (EEC) No 377/93, and
Article 2 of Regulation (EC) No 2799/98.                                                                Article 6
However, notwithstanding Article 15 of Regulation (EEC) No               1.      The alcohol awarded under the invitations to tender
377/93, the final date for the submission of tenders for the             referred to in Article 1 shall be exported by 31 August 2000 at
invitations to tender referred to in this Regulation, shall fall         the latest.
between the eighth and the 25th day following the date of
publication of the individual invitations to tender.                     2.      The alcohol awarded shall be used within two years from
                                                                         the date of first removal.
                              Article 5
                                                                                                        Article 7
1.     The tendering security referred to in Article 15 of Regula-
tion (EEC) No 377/93 shall be EUR 3,622 per hectolitre of                To be valid, tenders must indicate the place where end use of
alcohol for the total quantity of alcohol offered for sale in each       the alcohol awarded is to take place and must include an
of the invitations to tender referred to in Article 1.                   undertaking by the tenderer to the effect that the alcohol will
                                                                         be sent to that destination and used for that purpose. The
Maintenance of the tender after the time limit for submitting            tender shall also include proof following the entry into force of
tenders and the lodging of a guarantee to ensure export and of           this Regulation that the tenderer has binding commitments
a performance guarantee shall constitute the primary require-            with an operator in the motor fuel sector in one of the third
ments within the meaning of Article 20 of Commission Regu-               countries listed in Article 2 who has undertaken to dehydrate
lation (EEC) No 2220/85 (1) as regards the tendering security.           the alcohol awarded in one of those countries and to export it
                                                                         for use solely as motor fuel in accordance with Annex II.
The tendering security lodged for each of the invitations to
tender referred to in Article 1 shall be released immediately if
the tender is not accepted or if the successful tenderer had                                            Article 8
lodged the entire guarantee to ensure export and the entire
performance guarantee for the invitation to tender in question.
                                                                         1.      Before the awarded alcohol is removed, the intervention
                                                                         agency and the successful tenderer shall take a reference sample
2.     The guarantee to ensure export shall be EUR 5 per                 and shall analyse that sample to verify the alcoholic strength
hectolitre of alcohol at 100 % volume and shall be lodged for            expressed in % volume of the alcohol in question.
each quantity of alcohol for which there is a removal order
under each of the invitations to tender referred to in Article 1
of this Regulation.                                                      Where the final results of the analysis of the sample show a
                                                                         difference between the alcoholic strength by volume of the
                                                                         alcohol to be removed and the minimum alcoholic strength by
This guarantee shall be released only by the intervention
                                                                         volume stated in the notice of invitation to tender, the
agency holding the alcohol for each quantity of alcohol for
                                                                         following provisions shall apply:
which proof has been furnished that it has been exported
within the time limit laid down in Article 6 of this Regulation.           (i) the intervention agency shall, the same day, inform the
Notwithstanding Article 23 of Regulation (EEC) No 2220/85,                     Commission thereof in accordance with Annex III, as well
and except in cases of force majeure, where the time limit                     as the storer and the successful tenderer;
referred to in Article 6 has not been complied with, the guar-           (ii) the successful tenderer may:
antee to ensure export of EUR 5 per hectolitre of alcohol at
100 % volume shall be forfeit as follows:                                      — either agree to take over the lot with its characteristics
                                                                                   as established, subject to the Commission's agreement,
(1) OJ L 205, 3.8.1985, p. 5.                                                  — or refuse to take over the lot in question.
 ---pagebreak--- L 31/10               EN                     Official Journal of the European Communities                                     5. 2. 2000
In either case, the successful tenderer shall, the same day,                                        Article 9
inform the intervention agency and the Commission thereof in
accordance with Annex IV.                                               Notwithstanding the first subparagraph of Article 36(2) of
                                                                        Regulation (EEC) No 377/93, the alcohol contained in the vats
Once these formalities have been completed, if he has refused           indicated in the communication from the Member States
to take over the lot concerned, he shall be immediately released        referred to in Article 36 of Regulation (EEC) No 377/93 and
from all his obligations relating to that lot.                          covered by the invitation to tender referred to in Article 1 of
                                                                        this Regulation may be substituted by alcohol of the same type
2.    Where the successful tenderer refuses the merchandise, as
                                                                        by the intervention agency holding the alcohol concerned in
provided for in paragraph 1, the intervention agency shall
                                                                        agreement with the Commission, or mixed with other alcohol
supply him with another quantity of alcohol of the requisite
                                                                        delivered to the intervention agency until a removal order is
quality, at no extra charge, within a maximum of eight days.
                                                                        issued for that alcohol, in particular for logistical reasons.
3.    If physical removal of the alcohol is delayed by more
than five working days in relation to the date of acceptance of                                    Article 10
the lot to be removed by the successful tenderer for reasons
attributable to the intervention agency, the Member State shall         This Regulation shall enter into force on the day of its publica-
be responsible for the payment of compensation.                         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, 4 February 2000.
                                                                                    For the Commission
                                                                                      Franz FISCHLER
                                                                                Member of the Commission
 ---pagebreak--- 5. 2. 2000          EN                           Official Journal of the European Communities                                         L 31/11
                                                                         ANNEX I
                                         INDIVIDUAL INVITATION TO TENDER No 282/2000 EC
                              I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                              Reference to
                                                                                Volume in
               Member                                              Reference                   Regulation
                                        Location                               hectolitres of                    Type of alcohol
                State                                            number of vat                   (EEC)
                                                                               pure alcohol
                                                                                              No 822/87
           FRANCE           Port-la-Nouvelle                          31         22 900        35 + 36     Raw alcohol + 92 %
                            Av. Adolphe Turrel                        30         22 800        35 + 36     Raw alcohol + 92 %
                            BP 62                                     32          4 300        35 + 36     Raw alcohol + 92 %
                            F-11210 Port-la-Nouvelle
                                                       Total                     50 000
           Any interested party may, on application to the intervention agency concerned and on payment of EUR 2,415 per litre,
           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 dehydrated 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 post to the European Commission, Rue de la Loi/Wetstraat 200, B-1049 Brussels, or
               — be submitted at the reception of the Loi 130 building of the European Commission, 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 282/2000 EC (alcohol), DG
               AGRI (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 16 February 2000.
            5. Tenders must state the name and address of the tenderer and must:
               (a) include a reference to individual sale by tender No 282/2000 EC;
               (b) specify the price tendered, expressed in euro 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.
 ---pagebreak--- L 31/12          EN                           Official Journal of the European Communities                                         5. 2. 2000
         6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the following
            intervention agency:
            — SAV, zone industrielle, 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).
            This security must correspond to a sum of EUR 181 100.
                                      INDIVIDUAL INVITATION TO TENDER No 283/2000 EC
                           I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                                  Reference to
                                                                                    Volume in
            Member                                                     Reference                   Regulation
                                           Location                                hectolitres of                 Type of alcohol
             State                                                   number of vat                   (EEC)
                                                                                   pure alcohol
                                                                                                  No 822/87
        SPAIN            Tarancón                                        A-7          25 102       35 + 36      Raw alcohol
                         Tomelloso                                         1          24 898       35 + 36      Raw alcohol
                                                               Total                  50 000
        Any interested party may, on application to the intervention agency concerned and on payment of EUR 2,415 per litre,
        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 dehydrated 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 post to the European Commission, Rue de la Loi/Wetstraat 200, B-1049 Brussels, or
            — be submitted at the reception of the Loi 130 building of the European Commission, 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 283/2000 EC (alcohol), DG
            AGRI (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 16 February 2000.
         5. Tenders must state the name and address of the tenderer and must:
            (a) include a reference to individual sale by tender No 283/2000 EC;
            (b) specify the price tendered, expressed in euro 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. (34) 913 47 65 00, telex 23427 FEGA, fax (34) 915 21 98 32).
            This security must correspond to a sum of EUR 181 100.
 ---pagebreak--- 5. 2. 2000           EN                           Official Journal of the European Communities                                        L 31/13
                                          INDIVIDUAL INVITATION TO TENDER No 284/2000 EC
                               I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                  Volume        Reference to
                 Member                                          Reference
                                         Location                              in hectolitres Regulation (EEC)      Type of alcohol
                   State                                      number of vat
                                                                              of pure alcohol   No 822/87
           PORTUGAL               Carregado                          1           1 352,96           35          Raw alcohol
                                                                     2           1 350,95           35          Raw alcohol
                                                                     3           2 393,91           35          Raw alcohol
                                                                     4           4 793,16           35          Raw alcohol
                                                                     6           9 526,35           35          Raw alcohol
                                                                     7           9 481,27           35          Raw alcohol
                                                               cimento 1         1 297,86           35          Raw alcohol
                                                               cimento 2         1 095,04           35          Raw alcohol
                                  Bombarral                        147         22 261,97            35          Raw alcohol
                                  Valpacos                          29           4 464,89           35          Raw alcohol
                                                   Total                       58 018,36
           Any interested party may, on application to the intervention agency concerned and on payment of EUR 2,415 per litre,
           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 dehydrated 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 58 018,36 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 post to the European Commission, Rue de la Loi/Wetstraat 200, B-1049 Brussels, or
               — be submitted at the reception of the Loi 130 building of the European Commission, 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 284/2000 EC (alcohol), DG
               AGRI (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 16 February 2000.
            5. Tenders must state the name and address of the tenderer and must:
               (a) include a reference to individual sale by tender No 284/2000 EC;
               (b) specify the price tendered, expressed in euro 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:
               — IVV, R. Mouzinho da Silveria 5, P-1200 Lisboa (tel. (351-21) 356 33 21; telex: 18508 IVV P; fax (351-21)
                   352 08 76).
               This security must correspond to a sum of EUR 210 142,50.
 ---pagebreak--- L 31/14           EN                             Official Journal of the European Communities                                              5. 2. 2000
                                                                      ANNEX II
        List of undertakings and documents to be produced by the tenderer on submission of tenders:
        1. evidence that the tendering security has been lodged with each intervention agency;
        2. the final destination of the alcohol and an undertaking by the tenderer to comply with this destination;
        3. evidence, subsequent to the entry into force of this Regulation, that the tenderer has binding commitments with an
            operator in the motor fuel sector in one of the non-member countries listed in Article 2 of this Regulation. This
            operator must undertake to dehydrate the alcohol awarded under the invitation to tender in one of these countries and
            to export it for use as motor fuel;
        4. tenders must include the name and address of the tenderer, the reference number of the notice of invitation to tender,
            and the price proposed, expressed in euro per hectolitre of alcohol at 100 % volume;
        5. an undertaking from the tenderer to the effect that he will comply with all the rules relating to the tendering procedure
            in question;
        6. a statement by the tenderer to the effect that he waives all claims in respect of the quality and characteristics of the
            alcohol awarded to him, agrees to submit to any checks made on the destination and use of the alcohol and accepts
            that it is his responsibility to provide evidence that the alcohol is used as specified in the notice of invitation to tender.
                                                                     ANNEX III
        The only telex and fax numbers in Brussels to be used are:
        DG AGRI (E-2) (for the attention of Mr Chiappone/Mr Innamorati):
             — telex:                     22037 AGREC B,
                                          22070 AGREC B (Greek characters),
             — fax:                       (32-2) 295 92 52.
                                                                     ANNEX IV
        Communication of refusal or acceptance of lots under the individual invitation to tender for the export of
                                         vinous alcohol opened by Regulation (EC) No 282/2000
        — Name of the successful tenderer:
        — Date of award of contract:
        — Date of refusal or acceptance of the lot by the successful tenderer:
                                     Quantity in               Location                     Reason for refusal or acceptance
                Lot No
                                      hectolitres             of alcohol                              to take over