CELEX: 31994R1268
Language: en
Date: 1994-06-02 00:00:00
Title: Commission Regulation (EC) No 1268/94 of 1 June 1994 opening individual sales by invitation to tender for the export of vinous alcohol held by intervention agencies

2. 6. 94                                 Official Journal of the European Communities                             No L 138/9
                                        COMMISSION REGULATION (EC) No 1268/94
                                                          of 1 June 1994
                   opening individual sales by invitation to tender for the export of vinous alcohol
                                                  held by intervention agencies
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        countries covered by the Caribbean Basin Initiative, in
                                                                    particular to take account of certain extra costs resulting
                                                                    from the difference in distance and the possibilites of
 Having regard to the Treaty establishing the European              securing onward or return freight in the countries
 Community,                                                         concerned by the Caribbean Basin Initiative ;
 Having regard to Council Regulation (EEC) No 822/87 of             Whereas Regulation (EEC) No 2192/93 concerning the
 16 March 1987 on the common organization of the                    operative events for the agricultural conversion rates used
 market in wine ('), as last amended by Regulation (EEC)            in the wine sector and amending Regulation (EEC)
 No 1 566/93 (2),                                                   No 377/93 specifies the agricultural conversion rates to be
                                                                    applied in order to convert the payments and securities
                                                                    provided for in connection with individual invitations to
 Having regard to Council Regulation (EEC) No 3877/88               tender into national currency ;
 of 12 December 1988 laying down general rules for the
 disposal of alcohol obtained from the distillation opera­          Whereas the measures provided for in this Regulation are
 tions referred to in Articles 35, 36 and 39 of Regulation          in accordance with the opinion of the Management
 (EEC) No 822/87 and held by intervention agencies (3),             Committee for Wine,
 Whereas Commission Regulation (EEC) No 377/93 (4), as
 amended by Regulation (EEC) No 2192/93 (*), lays down
 detailed rules for the disposal of alcohol obtained from           HAS ADOPTED THIS REGULATION :
 distillation as provided for in Articles 35, 36 and 39 of
 Regulation (EEC) No 822/87 and held by intervention
 agencies ;                                                                                  Article 1
Whereas, in view of the cost of storing alcohol, individual         1.    Five individual sales by invitation to tender Nos
 sales by invitation to tender should be opened for vinous          129/94 EC, 130/94 EC, 131 /94 EC, 132/94 EC and
 alcohol obtained from distillation as provided for in              133/94 EC shall be held of a total quantity of 300 000 hi
Articles 35, 36 and 39 of Regulation (EEC) No 822/87                of alcohol obtained from distillation as provided for in
and held by the Italian, French and Spanish intervention            Articles 35, 36 and 39 of Regulation (EEC) No 822/87
agencies ;                                                          and held by the Italian, French and Spanish intervention
                                                                    agencies.
Whereas individual sales by invitation to tender should be          The individual invitation to tender No 129/94 EC shall
organized for the export of alcohol to certain third coun­          cover 100 000 hi of alcohol at 100 % vl. Each of the indi­
tries for end use as motor fuel ; whereas these countries           vidual invitations to tender Nos 130/94 EC, 131 /94 EC,
should be given an assurance of greater continuity of               132/94 EC and 133/94 EC shall cover 50 000 hi of
supply ;                                                            alcohol at 100 % vol .
                                                                    2.    The alcohol offered for sale :
Whereas the invitations to tender opened by this Regula­
tion relate to certain third countries where there is some
                                                                    — shall be for export to outside the European Commu­
guarantee that exports of vinous alcohol will not disturb               nity,
their markets in alcohol and spirituous beverages ;
whereas the amount of and detailed rules for the release            — must be imported into and dehydrated in one of the
of the performance security may be adapted accordingly ;                following third countries :
                                                                        — Guatemala,
Whereas sales should be organized separately for dispatch               — Belize,
to certain countries in Central America and to Caribbean
                                                                        — Honduras, including the Swan Islands,
(') OJ   No  L 84, 27. 3 . 1987, p. 1 .                                 — El Salvador,
(2) OJ   No  L 154, 25. 6. 1993, p. 39.
 3) OJ   No  L 346, 15. 12. 1988, p. 7.                                 — Costa Rica,
(4) OJ   No  L 43, 20. 2. 1993, p. 6.
0   OJ   No  L 196, 5. 8 . 1993, p. 19.                             — must be used only as motor fuel.
 ---pagebreak--- No L 138/ 10                          Official Journal of the European Communities                                  2. 6. 94
                          Article 2                                 supervision in the territory of one of the third coun­
                                                                    tries listed in Article 1 (2),
The    location  and    reference   numbers    of the   vats    — the remainder of the performance security shall be
concerned, the quantity of alcohol contained in each vat,           released in accordance with Article 34 (3) (b) of Regu­
the alcoholic strength and the characteristics of the               lation (EEC) No 377/93.
alcohol as well as certain specific conditions are given in
the Annex hereto.                                               In addition, to be admissible, tenders must indicate the
                                                                place where end use of the alcohol awarded is to take
                                                                place and must include an undertaking by the tenderer to
                                                                the effect that the alcohol will be sent to that destination
                          Article 3
                                                                and used for that purpose. Tenders must also include a
                                                                statement by the tenderer to the effect that he has
The sales shall take place in accordance with Regulation        binding commitments with an operator in the motor fuel
(EEC) No 377/93, and in particular Articles 10 to 18 and        sector in one of the third countries listed in Article 1 (2)
30 to 38 thereof.
                                                                who has undertaken to dehydrate the alcohol awarded in
                                                                one of these countries and to export it for use solely in
However :                                                       the motor fuel sector.
— one half of the performance security shall be released                                  Article 4
    by the intervention agency holding the alcohol on
    removal of the quantity concerned from the agency's         This Regulation shall enter into force on the day of its
    stores when the successful tenderer furnishes proof         publication in the Official Journal of the European
    that that quantity has been placed under customs            Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 1 June 1994.
                                                                          For the Commission
                                                                             Rene STEICHEN
                                                                     Member of the Commission
 ---pagebreak--- 2. 6. 94                               Official Journal of the European Communities                                      No L 138/ 11
                                                                 ANNEX
                                 INDIVIDUAL INVITATION TO TENDER No 129/94 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
         FRANCE                 Miroline,                                     13 199          35      Raw + 92°
                               Terre Plein Nord,                             30 254           35      Raw + 92°
                                14600 Honfleur                               43 297           35      Raw + 92°
                                Longuefuye,                                   13 250          35      Raw + 92°
                                53200 — Longuefuye
                                                 Total                      100 000
         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 100 000 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 129/94 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.
         4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 17. 6. 1994.
         5. Tenders must state the name and address of the tenderer and must :
             (a) include a reference to individual sale by tender No 1 29/94/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 Regu­
                  lation .
 ---pagebreak--- No L 138 / 12                         Official Journal of the European Communities                                        2. 6. 94
            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 lOnivins, zone industrielle, avenue de la Ballastière, boîte postale 231 , F-33505
                   Libourne Cedex (tél. : 57 51 03 03 ; télex : 572 025 ; télécopie : 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--- 2. 6. 94                              Official Journal of the European Communities                                       No L 138/ 13
                                INDIVIDUAL INVITATION TO TENDER No 130/94 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
         SPAIN                 Tarancon                       B-2           1 131       35 + 36     Neutral
                               Tarancon                       A-5          24 797       35 + 36     Neutral
                               Tarancon                       B-5         24 072        35 4- 36    Neutral
                                                Total                     50 000
         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 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,
                  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 130/94 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.
         4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 17. 6. 1994.
         5. Tenders must state the name and address of the tenderer and must :
             (a) include a reference to individual sale by tender No 130/94/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 Regu­
                 lation .
 ---pagebreak--- No L 138/ 14                         Official Journal of the European Communities                                     2. 6. 94
           6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
              following intervention agency :
              — SENPA, Beneficencia 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.
 ---pagebreak--- 2. 6. 94                               Official Journal of the European Communities                                     No L 138/ 15
                                INDIVIDUAL INVITATION TO TENDER No 131/94 EC
                     I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                        Reference to
                                                                          Volume in
                                                             Reference                   Regulation
             Member State              Location
                                                           number of vat
                                                                         hectolitres of
                                                                                           (EEC)       Type of alcohol
                                                                         pure alcohol    No 822/87
         SPAIN                 Villarrobledo                    13          42 705       35 + 36     'Destilado'
                               Villarrobledo                    14           7 295           39      'Destilado'
                                                Total                       50 000
         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 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,
                  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 131 /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.
         4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 17. 6. 1994.
         5. Tenders must state the name and address of the tenderer and must :
             (a) include a reference to individual sale by tender No 131 /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 Regu­
                 lation .
 ---pagebreak--- No L 138/ 16                         Official Journal of the European Communities                                     2. 6. 94
           6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
              following intervention agency :
              — SENPA, Beneficencia 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.
 ---pagebreak--- 2. 6. 94                              Official Journal of the European Communities                                       No L 138/ 17
                                INDIVIDUAL INVITATION TO TENDER No 132/94 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
                                                                     pure alcohol      (EEC)
                                                                                     No 822/87
         ITALY                 Mazzari SpA                               8 000           39       Raw alcohol
                               Bonollo SpA                              10 000           39       Raw alcohol
                               Di Trani SpA                              8 500           35       Raw alcohol
                               Di Trani SpA                              7 000           36       Raw alcohol
                               CA.VI.RO scrl                             8 500           35       Raw alcohol
                               Rodi srl                                  4 500           35       Raw alcohol
                               Sapis SpA                                 2 500           39       Raw alcohol
                               Bonollo SpA                               1 000           35       Raw alcohol
                                           Total                        50 000
         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, 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 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,
                  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 132/94 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.
         4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 17. 6. 1994.
         5. Tenders must state the name and address of the tenderer and must :
             (a) include a reference to individual sale by tender No 132/94 . 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 Regu­
                 lation .
 ---pagebreak--- No L 138/ 18                         Official Journal of the European Communities                                     2. 6. 94
           6. Each tender must be accompanied by attestations of the lodging, of a tendering security, issued by the
              following intervention agency :
              — AIMA, Via Palestro 81 , 1-00185 Roma (tel.: 47 49 91 ; telex : 62 03 31 , 62 02 52, 61 30 03 ; fax :
                  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--- 2. 6. 94                               Official Journal of the European Communities                                      No L 138/ 19
                                INDIVIDUAL INVITATION TO TENDER No 133/94 EC
                     I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                    Reference to
                                                                      Volume in
                                                        Reference                    Regulation
             Member State             Location
                                                      number of vat
                                                                     hectolitres of
                                                                                       (EEC)          Type of alcohol
                                                                     pure alcohol    No 822/87
         ITALY                 Bonollo SpA                               4 000           35       Raw alcohol
                               Rodi SRL                                  1 500           36       Raw alcohol
                               Di Trani SpA                              2 500           39       Raw alcohol
                               Bonollo SpA                               3 000           36       Raw alcohol
                               G. Di Lorenzo SpA                         5 000           35       Raw alcohol
                               G. De Luca SAS                            9 000           35       Raw alcohol
                               Meri SRL                                 15 500           39       Raw alcohol
                               Del Salento SpA                           5 000           35       Raw alcohol
                               Del Sud SpA                               2 500           36       Raw alcohol
                               F.lli Balice SNC                          2 000           36       Raw alcohol
                                            Total                       50 000
         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, 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 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,
                 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 133/94 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 138/20                          Official Journal of the European Communities                                         2. 6. 94
          4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 17. 6. 1994.
          5. Tenders must state the name and address of the tenderer and must :
             (a) include a reference to individual sale by tender No 133/94 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 Regu­
                 lation.
          6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
             following intervention agency :
             — AIMA, Via Palestra 81 , 1-00185 Roma (tel.: 47 49 91 ; telex : 62 03 31 , 62 02 52, 61 30 03 ; fax :
                 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.