CELEX: 31999R2808
Language: en
Date: 1999-12-28 00:00:00
Title: Commission Regulation (EC) No 2808/1999 of 28 December 1999 opening individual invitations to tender for the sale for export of vinous alcohol

31. 12. 1999            EN                     Official Journal of the European Communities                                      L 340/65
                                          COMMISSION REGULATION (EC) No 2808/1999
                                                          of 28 December 1999
                       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                 Seven sales by individual invitation to tender Nos 275/99 EC,
March 1987 on the common organisation of the market in                    276/99 EC, 277/99 EC 278/99 EC, 279/99 EC, 280/99 EC and
wine (1), as last amended by Regulation (EC) No 1677/1999 (2),            281/99 EC shall be held for a total quantity of 450 000
                                                                          hectolitres of alcohol obtained from the distillation operations
                                                                          referred to in Articles 35, 36 and 39 of Regulation (EEC) No
Having regard to Council Regulation (EEC) No 3877/88 of 12                822/87 and held by the Italian, French and Spanish interven-
December 1988 laying down general rules for the disposal of               tion agencies.
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 275/99 EC and
held by intervention agencies (3),                                        276/99 EC shall cover a quantity of 100 000 hectolitres of
                                                                          alcohol at 100 % volume and each of the individual invitations
Whereas:                                                                  to tender Nos 277/99 EC, 278/99 EC, 279/99 EC, 280/99 EC
                                                                          and 281/99 EC shall cover a quantity of 50 000 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
        the distillation operations referred to in Articles 35, 36                                    Article 2
        and 39 of Regulation (EEC) No 822/87 and held by
        intervention agencies;                                            The alcohol offered for sale:
                                                                          — shall be for export outside the European Community,
(2)     individual invitations to tender should be opened for the         — must be imported into and dehydrated in one of the
        export of vinous alcohol to certain Caribbean and                     following third countries:
        Central American countries so as to guarantee
        continuity of supplies to those countries and reduce the              — Costa Rica,
        Community stock of vinous alcohol;                                    — Guatemala,
                                                                              — 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
        territory of the Community and non-compliance with                    — Nicaragua,
        the date laid down for export should be progressively                 — St Kitts and Nevis,
        penalised; whereas this security must be independent of
        the performance guarantee ensuring that the alcohol is                — Bahamas,
        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
        December 1998 on establishing agrimonetary arrange-                   — British Virgin Islands and Montserrat,
        ments for the euro (6), tender prices and guarantees must             — Jamaica,
        be expressed in euro and payments must be made in
        euro;                                                                 — Saint Lucia,
                                                                              — Saint Vincent, including the Northern Grenadines,
(5)     the measures provided for in this Regulation are in                   — Barbados,
        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--- L 340/66              EN                      Official Journal of the European Communities                                   31. 12. 1999
     — 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
                                                                         34(3)(b) of Regulation (EEC) No 377/93.
The location and reference numbers of the vats concerned, the
quantity of alcohol contained in each vat, the alcoholic
                                                                         4.      Notwithstanding Article 17 of Regulation (EEC) No 377/
strength and the characteristics of the alcohol as well as certain
                                                                         93, the guarantees on export and performance shall be lodged
specific conditions are given in Annex I hereto.
                                                                         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 6
Article 2 of Regulation (EC) No 2799/98.
                                                                         1.      The alcohol awarded under the invitations to tender
However, notwithstanding Article 15 of Regulation (EEC) No               referred to in Article 1 shall be exported by 31 July 2000 at the
377/93, the final date for the submission of tenders for the             latest.
invitations to tender referred to in this Regulation, shall fall
between the eighth and the 25th day following the date of                2.      The alcohol awarded shall be used within two years from
publication of the individual invitations to tender.                     the date of first removal.
                              Article 5                                                                 Article 7
1.     The tendering security referred to in Article 15 of Regula-       To be valid, tenders must indicate the place where end use of
tion (EEC) No 377/93 shall be EUR 3,622 per hectolitre of                the alcohol awarded is to take place and must include an
alcohol for the total quantity of alcohol offered for sale in each       undertaking by the tenderer to the effect that the alcohol will
of the invitations to tender referred to in Article 1.                   be sent to that destination and used for that purpose. The
                                                                         tender shall also include proof following the entry into force of
Maintenance of the tender after the time limit for submitting            this Regulation that the tenderer has binding commitments
tenders and the lodging of a guarantee to ensure export and of           with an operator in the motor fuel sector in one of the third
a performance guarantee shall constitute the primary require-            countries listed in Article 2 who has undertaken to dehydrate
ments within the meaning of Article 20 of Commission Regu-               the alcohol awarded in one of those countries and to export it
lation (EEC) No 2220/85 (1) as regards the tendering security.           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                                        Article 8
the tender is not accepted or if the successful tenderer had
lodged the entire guarantee to ensure export and the entire              1.      Before the awarded alcohol is removed, the intervention
performance guarantee for the invitation to tender in question.          agency and the successful tenderer shall take a reference sample
                                                                         and shall analyse that sample to verify the alcoholic strength
2.     The guarantee to ensure export shall be EUR 5 per                 expressed in % volume of the alcohol in question.
hectolitre of alcohol at 100 % volume and shall be lodged for
each quantity of alcohol for which there is a removal order              Where the final results of the analysis of the sample show a
under each of the invitations to tender referred to in Article 1         difference between the alcoholic strength by volume of the
of this Regulation.                                                      alcohol to be removed and the minimum alcoholic strength by
                                                                         volume stated in the notice of invitation to tender, the
This guarantee shall be released only by the intervention                following provisions shall apply:
agency holding the alcohol for each quantity of alcohol for
which proof has been furnished that it has been exported                   (i) the intervention agency shall, the same day, inform the
within the time limit laid down in Article 6 of this Regulation.               Commission thereof in accordance with Annex III, as well
Notwithstanding Article 23 of Regulation (EEC) No 2220/85,                     as the storer and the successful tenderer;
and except in cases of force majeure, where the time limit               (ii) the successful tenderer may:
referred to in Article 6 has not been complied with, the guar-                 — either agree to take over the lot with its characteristics
antee to ensure export of EUR 5 per hectolitre of alcohol at                       as established, subject to the Commission's agreement,
100 % volume shall be forfeit as follows:
                                                                               — or refuse to take over the lot in question.
(1) OJ L 205, 3.8.1985, p. 5.
 ---pagebreak--- 31. 12. 1999          EN                     Official Journal of the European Communities                                      L 340/67
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, 28 December 1999.
                                                                                    For the Commission
                                                                                    Margot WALLSTRÖM
                                                                                Member of the Commission
 ---pagebreak--- L 340/68           EN                           Official Journal of the European Communities                                       31. 12. 1999
                                                                        ANNEX I
                                         INDIVIDUAL INVITATION TO TENDER No 275/99 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                           1          47 925       35 + 36     Raw alcohol + 92 %
                           Av. Adolphe Turrel                         9          22 445       35 + 36     Raw alcohol + 92 %
                           BP 62                                      6          22 665       35 + 36     Raw alcohol + 92 %
                           F-11210 Port-la-Nouvelle
                                                                      5           6 965       35 + 36     Raw alcohol + 92 %
                                                      Total                    100 000
         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 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 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 275/99 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 19 January 2000.
         5. Tenders must state the name and address of the tenderer and must:
             (a) include a reference to individual sale by tender No 275/99 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:
            — 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 362 200.
 ---pagebreak--- 31. 12. 1999          EN                          Official Journal of the European Communities                                         L 340/69
                                            INDIVIDUAL INVITATION TO TENDER No 276/99 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-6          24 352       35 + 36     Raw alcohol
                              Tarancón                                        B-5          24 826       35 + 36     Raw alcohol
                              Tarancón                                        B-6          24 607       35 + 36     Raw alcohol
                              Tarancón                                        A-8           1 751       35 + 36     Raw alcohol
                              Tarancón                                          2           9 133       35 + 36     Raw alcohol
                              Tarancón                                          5          15 331       35 + 36     Raw alcohol
                                                                    Total                100 000
            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 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 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 276/99 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 19 January 2000.
            5. Tenders must state the name and address of the tenderer and must:
                (a) include a reference to individual sale by tender No 276/99 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 362 200.
 ---pagebreak--- L 340/70           EN                          Official Journal of the European Communities                                        31. 12. 1999
                                         INDIVIDUAL INVITATION TO TENDER No 277/99 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-8          23 059       35 + 36     Raw alcohol
                           Tarancón                                        B-7           1 736       35 + 36     Raw alcohol
                           Tarancón                                          3          18 512       35 + 36     Raw alcohol
                           Tarancón                                          4           6 693       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 277/99 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 19 January 2000.
         5. Tenders must state the name and address of the tenderer and must:
             (a) include a reference to individual sale by tender No 277/99 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--- 31. 12. 1999          EN                            Official Journal of the European Communities                                       L 340/71
                                             INDIVIDUAL INVITATION TO TENDER No 278/99 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
            ITALY             F.lli Cipriani SpA, Chizzola di                        20 000          35       Neutral
                              Ala (Tn)                                               13 000          35       Raw alcohol
                              ICV SpA Borgoricco (Pd)                                 7 000          35       Raw alcohol
                                                                                      6 000          39       Raw alcohol
                              Bonollo Umberto SpA                                     4 000          39       Raw alcohol
                              Conselve (Pd)
                                                          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 278/99 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 19 January 2000.
            5. Tenders must state the name and address of the tenderer and must:
                (a) include a reference to individual sale by tender No 278/99 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:
               — AIMA, via Palestro 81, I-00185 Roma (tel. (39-06) 47 49 91; telex 62 03 31/62 02 52/61 30 03; fax (39-06)
                    445 39 40/495 39 40).
               This security must correspond to a sum of EUR 181 100.
 ---pagebreak--- L 340/72           EN                           Official Journal of the European Communities                                       31. 12. 1999
                                         INDIVIDUAL INVITATION TO TENDER No 279/99 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
         ITALY             Mazzari SpA, Faenza (Ra)                              30 000          35       Raw alcohol
                           Neri Srl, Faenza (Ra)                                 18 000          35       Raw alcohol
                           Distercoop Scrl, Faenza (Ra)                           2 000          39       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 279/99 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 19 January 2000.
         5. Tenders must state the name and address of the tenderer and must:
             (a) include a reference to individual sale by tender No 279/99 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:
            — AIMA, via Palestro 81, I-00185 Roma (tel. (39-06) 47 49 91; telex 62 03 31/62 02 52/61 30 03; fax (39-06)
                 445 39 40/495 39 40).
            This security must correspond to a sum of EUR 181 100.
 ---pagebreak--- 31. 12. 1999          EN                             Official Journal of the European Communities                                      L 340/73
                                              INDIVIDUAL INVITATION TO TENDER No 280/99 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
            ITALY             F.lli Balice Snc, Valenzano                             30 000       35 + 36     Raw alcohol
                              (Ba)
                              M.V.A. Srl, Foggia                                      10 000       35 + 36     Neutral
                              Aniello Esposito Srl, Pomi-                              8 000       35 + 36     Of good flavour + 92 %
                              gliano d'Arco (Na)
                              Carlino Renzo & Gsnc, Novoli                             2 000       35 + 36     Of good flavour + 92 %
                              (Le)
                                                           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 280/99 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 19 January 2000.
            5. Tenders must state the name and address of the tenderer and must:
                (a) include a reference to individual sale by tender No 280/99 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:
               — AIMA, via Palestro 81, I-00185 Roma (tel. (39-06) 47 49 91; telex 62 03 31/62 02 52/61 30 03; fax (39-06)
                    445 39 40/495 39 40).
               This security must correspond to a sum of EUR 181 100.
 ---pagebreak--- L 340/74           EN                           Official Journal of the European Communities                                       31. 12. 1999
                                         INDIVIDUAL INVITATION TO TENDER No 281/99 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
         ITALY             Villapana SpA, Villapana (Ra)                         16 000          35       Raw alcohol
                           D'Auria SpA, Ortona (Ch)                              19 000          35       Raw alcohol
                           D.E.T.A. Srl, Barberino Val                            6 000          35       Raw alcohol
                           d'Elsa (Fi)                                            1 000          39       Raw alcohol
                           Tampieri SpA Faenza (Ra)                               8 000          35       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 281/99 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 19 January 2000.
         5. Tenders must state the name and address of the tenderer and must:
             (a) include a reference to individual sale by tender No 281/99 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:
            — AIMA, via Palestro 81, I-00185 Roma (tel. (39-06) 47 49 91; telex 62 03 31/62 02 52/61 30 03; fax (39-06)
                 445 39 40/495 39 40).
            This security must correspond to a sum of EUR 181 100.
 ---pagebreak--- 31. 12. 1999          EN                           Official Journal of the European Communities                                                L 340/75
                                                                        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.
 ---pagebreak--- L 340/76       EN                          Official Journal of the European Communities                            31. 12. 1999
                                                               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 2808/1999
         — 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