CELEX: 31993R0246
Language: en
Date: 1993-02-05
Title: Commission Regulation (EEC) No 246/93 of 4 February 1993 opening individual sales by invitation to tender for the export of vinous alcohol held by intervention agencies

5. 2. 93                                  Official Journal of the European Communities                             No L 28/33
                                       COMMISSION REGULATION (EEC) No 246/93
                                                        of 4 February 1993
                   opening individual sales by invitation to tender for the export of vinous alcohol
                                                  held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          concerned by the countries concerned by the Caribbean
                                                                     Basin Initiative ;
Having regard to the Treaty establishing the European
 Economic Community,                                                Whereas, to simplify the tender procedure, the location
                                                                     and characteristics of the wine placed on sale as well as
Having regard to Council Regulation (EEC) No 822/87 of              certain specific conditions figuring previously in a
 16 March 1987 on the common organization of the                    separate notice should henceforth be mentioned in the
market in wine ('), as last amended by Regulation (EEC)             Annex to the Regulation on tendering ;
No 1756/92 (2),
                                                                    Whereas Commission Regulation (EEC) No 3821 /92
                                                                    provides for the use of the agricultural conversion rate in
Having regard to Council Regulation (EEC) No 3877/88                force on the day before the date of publication of the
of 12 December 1988 laying down general rules for the
disposal of alcohol obtained from the distillation
                                                                    notice of invitation to tender for converting the payments
                                                                    and guarantees concerned into national currencies ;
operations referred to in Articles 35, 36 and 39 of                 whereas as a result of the insertion of this notice into the
Regulation (EEC) No 822/87 and held by intervention                 Annex to the Regulation on tendering the agricultural
agencies (3),
                                                                    conversion rate to be used is that in force on the day
                                                                    before the publication of the said Regulation ;
Whereas Commission Regulation (EEC) No 1 780/89 (4),
as last amended by Regulation (EEC) No 3821 /92 (*), lays           Whereas the measures provided for in this Regulation are
down detailed rules for the disposal of alcohol obtained            in accordance with the opinion of the Management
from distillation as provided for in Articles 35, 36 and 39         Committee for Wine,
of Regulation (EEC) No 822/87 and held by intervention
agencies *,
Whereas, in view of the cost of storing alcohol, individual          HAS ADOPTED THIS REGULATION :
sales by invitation to tender should be opened for vinous
alcohol obtained from distillation as provided for in
Articles 35, 36 and 39 of Regulation (EEC) No 822/87                                          Article 1
and held by the French and Italian intervention agencies ;
                                                                     1. Two individual sales by invitation to tender Nos
Whereas individual sales by invitation to tender should be          92/93 to 93/93 shall be held of a total quantity of 250 000
organized for the export of alcohol to certain third                hi of alcohol obtained from distillation as provided for in
countries for end use as motor fuel ; whereas these
                                                                    Articles 35, 36 and 39 of Regulation (EEC) No 822/87
countries should be given an assurance of greater                   and held by the Italian and French intervention agencies.
continuity of supply ;
                                                                    Each of the individual invitations to tender Nos 92/93
Whereas the invitations to tender opened by this                    and 93/93 shall cover 125 000 hi of alcohol at 100 % vol.
Regulation relate to certain third countries where there is
some guarantee that exports of vinous alcohol will not              2.    The alcohol offered for sale :
disturb their markets in alcohol and spirituous beverages ;
whereas the amount of and detailed rules for the release            — shall be for export to outside the European Economic
of the performance security may be adapted accordingly ;                Community,
Whereas sales should be organized separately for dispatch           — must be imported into and dehydrated in one of the
to certain countries in Central America and to Caribbean                following third countries :
countries   covered by the Caribbean Basin Initiative, in               — St Christopher and Nevis,
particular  to take account of certain extra costs resulting
from the    difference in distance and the possibilities of             — Haiti,
securing    onward or return freight in the countries                   — Bahamas,
                                                                        — Dominican Republic,
(') OJ  No  L  84, 27. 3. 1987, p. 1 .                                  — Antigua and Barbuda,
(2) OJ  No  L  180, 1 . 7. 1992, p. 27.
0   OJ  No   L 346, 15. 12. 1988, p. 7.                                 — Dominica,
0   OJ  No   L 178, 24. 6. 1989, p. 1 .
0   OJ  No   L 387, 31 . 12. 1992, p. 24.                               — British Virgin Islands and Montserrat,
 ---pagebreak--- No L 28/34                            Official Journal of the European Communities                                 5 . 2. 93
   — Jamaica,                                                        removal of the quantity concerned from the agency s
   — St Lucia,                                                       stores when the successful tenderer furnishes proof
                                                                     that that quantity has been placed under customs
   — St Vincent, including the Northern Grenadines,                  supervision in the territory of one of the third
    — Barbados,                                                      countries listed in Article 1 (2),
    — Trinidad and Tobago,                                      — the remainder of the performance security shall be
    — Grenada, including the Southern Grenadines,                    released in accordance with Article 33 (3) (b) of
    — Aruba,                                                         Regulation (EEC) No 1780/89 .
    — Netherlands      Antilles :   Curasao,   Bonaire,   St    In addition, to be admissible, tenders must indicate the
       Eustace, Saba and the southern part of St Martin,        place where end use of the alcohol awarded is to take
    — Guyana,                                                   place and must include an undertaking by the tenderer to
                                                                the effect that the alcohol will be sent to that destination
    — Virgin Islands of the United States,
                                                                and used for that purpose. Tenders must also include a
— must be used only as motor fuel.                              statement by the tenderer to the effect that he has
                                                                binding commitments with an operator in the motor fuel
                          Article 2                             sector in one of the third countries listed in Article 1 (2)
                                                                who has undertaken to dehydrate the alcohol awarded in
The   location   and    reference  numbers     of the   vats    one of these countries and to export it for use solely in
concerned, the quantity of alcohol contained in each vat,       the motor fuel sector.
the alcoholic strength and the characteristics of the
alcohol as well as certain specific conditions are given in                               Article 4
the Annex hereto.
                                                                 Notwithstanding Article 14 of Regulation (EEC) No
                          Article 3                              1780/89, the closing date for the submission of tenders
                                                                 shall be the tenth day following the date of publication of
The sales shall take place in accordance with Regulation         this Regulation.
(EEC) No 1780/89, and in particular Articles 10 to 17 and
29 to 38 thereof.
                                                                                          Article 5
However :
                                                                 This Regulation shall enter into force on the day of its
— one half of the performance security shall be released         publication in the Official Journal of the European
    by the intervention agency holding the alcohol on             Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 4 February 1993.
                                                                           For the Commission
                                                                             Rene STEICHEN
                                                                       Member of the Commission
 ---pagebreak--- 5. 2. 93                         Official Journal of the European Communities                               No L 28/35
                                                     ANNEX
                           INDIVIDUAL INVITATION TO TENDER No 92/93 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
                                                              pure alcohol      (EEC)
                                                                              No 822/87
         ITALY           Flli Palma
                         Canosa di Puglia                          3 000          35      Neutral
                         Sodime
                         Qualiano                                  3 000          36      Of good flavour
                         Bertolino
                         Sicilia                                   7 000          35      Neutral
                         Di Lorenzo
                         Ponte di Valleceggi                      10 000          35      Raw alcohol
                         Sapis
                         Materdomini                               5 000          39      Raw alcohol
                         Sodime
                         Qualiano                                  2 500          39      Raw alcohol
                         Di Trani
                         Napoli                                    5 000          35      Raw alcohol
                         De Luca
                         Novoli                                    5 000          35      Raw alcohol
                         Rodi
                         Castel San Georgio                       10 000          35      Raw alcohol
                         Carzino
                         Novoli                                    2 000          35      Raw alcohol
                         Balice
                         Valenzano                                 5 000          36      Raw alcohol
                         Del Salento
                         Nocera                                    4 400          39      Raw alcohol
                         Fedele di Maggio
                         Fragagnano                                   600         35      Raw alcohol
                                          Total                   62 500
         FRANCE          Deulep
                         Saint-Gilles-du-Gard                     38 888          35      Raw alcohol + 92 %
                         Provence Mazout
                         Saint-Louis-du-Rh6ne                     23 612          36      Raw alcohol + 92 %
                                          Total                   62 500
                                  Grand total                    125 000
 ---pagebreak--- No L 28/36                              Official Journal of the European Communities                                        5. 2. 93
           Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
           per litre or the equivalent thereof in Italian lire or 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 125 000 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 92/93 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 15 February 1993.
           5. Tenders must state the name and address of the tenderer and must :
               (a) include a reference to individual sale by tender No 92/93/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 30 of Regulation (EEC) No 1780/89
                   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
               intervention agencies in respect of the quantities of alcohol which concern them :
               — SAV par délégation de lOnivins, zone industrielle, avenue de la Ballastière, boîte postale 231 , F-33505
                   Libourne Cedex (tel. 57 51 03 03 ; télex : 572 025 ; télécopie : 57 25 07 25) ;
               — AIMA, Via Palestra 81 , 1-00185 Roma (tel. : 47 49 91 ; telex : 62 03 31 , 62 02 52, 61 30 03 ; telefax :
                   445 39 40, 495 39 40).
               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--- 5. 2. 93                             Official Journal of the European Communities                                       No L 28/37
                               INDIVIDUAL INVITATION TO TENDER No 93/93 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
         1 . ITALY           Bertolino
                             Partinico                                    13 000          35       Neutral
                             Fedele di Maggio
                             Fragagnana                                    2 100          35       Raw alcohol
                             Bertolino
                             Partinico                                    25 000          35       Raw alcohol
                             Flli Russo
                             S. Venerina                                   1 800       35 + 36     Raw alcohol
                             Enodistil
                             Alcamo                                        5 000          35       Raw alcohol
                             Cedis SRL
                             Marsala                                       5 000          36       Raw alcohol
                             Kronion
                             Sciacca                                       5 000       35 + 36     Raw alcohol
                             Vinum
                             Marsala                                       5 600          36       Raw alcohol
                                               Total                      62 500
         2. FRANCE           Verniers
                             Narbonne                                     59 661          35       Raw alcohol + 92 %
                             Provence Mazout
                             Saint-Louis-du-Rhone                          2 839          36       Raw alcohol + 92 %
                                               Total                      62 500
                                       Grand total                       125 000
         Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
         per litre or the equivalent thereof in Italian lire or 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.
 ---pagebreak--- No L 28/38                              Official Journal of the European Communities                                        5. 2. 93
                                                     III. Submission of tenders
           1 . Tenders should be submitted for a quantity of 125 000 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 93/93 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 15 February 1993.
           5. Tenders must state the name and address of the tenderer and must :
               (a) include a reference to individual sale by tender No 93/93/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 30 of Regulation (EEC) No 1780/89
                   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
               intervention agencies in respect of the quantities of alcohol which concern them :
               — SAV par délégation de 1 Onivins, zone industrielle, avenue de la Ballastière, boîte postale 231 , F-33505
                   Ifibourne Cedex (tel. 57 51 03 03 ; télex : 572 025 ; télécopie : 57 25 07 25) ;
               — AIMA, Via Palestre 81 , 1-00185 Roma (tel. : 47 49 91 ; telex : 62 03 31 , 62 02 52, 61 30 03 ; telefax :
                   445 39 40, 495 39 40).
               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.