CELEX: 31999R1148
Language: en
Date: 1999-05-31 00:00:00
Title: Commission Regulation (EC) No 1148/1999 of 31 May 1999 opening individual invitations to tender for the sale for export of vinous alcohol

1. 6. 1999            EN                Official Journal of the European Communities                                 L 137/31
                                  COMMISSION REGULATION (EC) No 1148/1999
                                                       of 31 May 1999
                 opening individual invitations to tender for the sale for export of vinous alcohol
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        (5)    Whereas the measures provided for in this Regula-
                                                                          tion are in accordance with the opinion of the
                                                                          Management Committee for Wine,
Having regard to the Treaty establishing the European
Community,
Having regard to Council Regulation (EEC) No 822/87 of             HAS ADOPTED THIS REGULATION:
16 March 1987 on the common organisation of the
market in wine (1), as last amended by Regulation (EC) No
1627/98 (2),                                                                                Article 1
                                                                   Three sales by individual invitation to tender Nos 264/
Having regard to Council Regulation (EEC) No 3877/88               99/EC, 265/99/EC, and 266/99/EC shall be held for a
of 12 December 1988 laying down general rules for the              total quantity of 300 000 hectolitres of alcohol obtained
disposal of alcohol obtained from the distillation opera-          from the distillation operations referred to in Articles 35,
tions referred to in Articles 35, 36 and 39 of Regulation          36 and 39 of Regulation (EEC) No 822/87 and held by
(EEC) No 822/87 and held by intervention agencies (3),             the Italian intervention agency.
(1)    Whereas Commission Regulation (EEC) No 377/                 Each of the individual invitations to tender Nos 264/
       93 (4), as last amended by Regulation (EC) No               99/EC, 265/99/EC and 266/99/EC shall cover a quantity
       1448/97 (5), lays down detailed rules for the disposal      of 100 000 hectolitres of alcohol at 100 % volume.
       of alcohol obtained from the distillation operations
       referred to in Articles 35, 36 and 39 of Regulation
       (EEC) No 822/87 and held by intervention agen-                                       Article 2
       cies;
                                                                   The alcohol offered for sale:
(2)    Whereas individual invitations to tender should be           shall be for export outside the European Community,
       opened for the export of vinous alcohol to certain           must be imported into and dehydrated in one of the
       Caribbean and Central American countries so as to               following third countries:
       guarantee continuity of supplies to those countries
       and reduce the Community stock of vinous                         Costa Rica,
       alcohol;
                                                                        Guatemala,
                                                                        Honduras, including the Swan Islands,
(3)    Whereas a specific security should be provided for               El Salvador,
       to ensure that the alcohol is physically exported
       from the customs territory of the Community and                  Nicaragua,
       non-compliance with the date laid down for export                St Kitts and Nevis,
       should be progressively penalised; whereas this
                                                                        Bahamas,
       security must be independent of the performance
       guarantee ensuring that the alcohol is removed                   Dominican Republic,
       from storage and the awarded alcohol is used for                 Antigua and Barbuda,
       the purposes laid down;
                                                                        Dominica,
                                                                        British Virgin Islands and Montserrat,
(4)    Whereas since Council Regulation (EC) No 2799/                   Jamaica,
       98 of 15 December 1998 on establishing agrimon-
       etary arrangements for the euro (6), tender prices               Saint Lucia,
       and guarantees must be expressed in euro and                     Saint Vincent, including the Northern Grenadines,
       payments must be made in euro;
                                                                        Barbados,
(1) OJ L 84, 27.3.1987, p. 1.                                           Trinidad and Tobago,
(2) OJ L 210, 28.7.1998, p. 8.                                          Belize,
(3) OJ L 346, 15.12.1988, p. 7.
(4) OJ L 43, 20.2.1993, p. 6.                                           Grenada, including the Southern Grenadines,
(5) OJ L 198, 25.7.1997, p. 4.
(6) OJ L 349, 24.12.1998, p. 1.                                         Aruba,
 ---pagebreak--- L 137/32             EN                 Official Journal of the European Communities                                 1. 6. 1999
      Netherlands Antilles (Curação, Bonaire, Saint               This guarantee shall be released only by the intervention
        Eustace, Saba and the southern part of Saint               agency holding the alcohol for each quantity of alcohol
        Martin),                                                   for which proof has been furnished that it has been
      Guyana,                                                     exported within the time limit laid down in Article 6 of
                                                                   this Regulation. Notwithstanding Article 23 of Regulation
      United States Virgin Islands,                               (EEC) No 2220/85, and except in cases of force majeure,
      Haiti,                                                      where the time limit referred to in Article 6 has not been
                                                                   complied with, the guarantee to ensure export of EUR 5
 must be used only as motor fuel.                                 per hectolitre of alcohol at 100 % volume shall be forfeit
                                                                   as follows:
                           Article 3                               (a) 15 % in all cases;
The location and reference numbers of the vats                     (b) 0,33 % of the amount remaining after deduction of
concerned, the quantity of alcohol contained in each vat,              the 15 %, for each day the time limit in question is
the alcoholic strength and the characteristics of the                  exceeded.
alcohol as well as certain specific conditions are given in
Annex I hereto.                                                    3.    The performance guarantee shall be EUR 25 per
                                                                   hectolitre of alcohol at 100 % volume.
                           Article 4                               This guarantee shall be released in accordance with
                                                                   Article 34(3)(b) of Regulation (EEC) No 377/93.
The sales shall take place in accordance with Articles 13
to 18, 30 to 34 and 36 to 38 of Regulation (EEC) No                4.    Notwithstanding Article 17 of Regulation (EEC) No
377/93, and Article 2 of Regulation (EC) No 2799/98.               377/93, the guarantees on export and performance shall
                                                                   be lodged simultaneously with the Italian intervention
                                                                   agency for each of the invitations to tender referred to in
However, notwithstanding Article 15 of Regulation (EEC)            Article 1 of this Regulation not later than the day of issue
No 377/93, the final date for the submission of tenders            of a removal order for the quantity of alcohol concerned.
for the invitations to tender referred to in this Regulation,
shall fall between the eighth and the 25th day following
the date of publication of the individual invitations to
tender.                                                                                      Article 6
                                                                   1.    The alcohol awarded under the invitations to tender
                           Article 5                               referred to in Article 1 shall be exported by 31 December
                                                                   1999 at the latest.
1.    The tendering security referred to in Article 15 of
                                                                   2.    The alcohol awarded shall be used within two years
Regulation (EEC) No 377/93 shall be EUR 362 200 for
                                                                   from the date of first removal.
the total quantity of alcohol offered for sale in each of the
invitations to tender referred to in Article 1.
Maintenance of the tender after the time limit for submit-                                   Article 7
ting tenders and the lodging of a guarantee to ensure
export and of a performance guarantee shall constitute             To be valid, tenders must indicate the place where end
the primary requirements within the meaning of Article             use of the alcohol awarded is to take place and must
20 of Commission Regulation (EEC) No 2220/85 (1) as                include an undertaking by the tenderer to the effect that
regards the tendering security.                                    the alcohol will be sent to that destination and used for
                                                                   that purpose. The tender shall also include proof that the
The tendering security lodged for each of the invitations          tenderer has binding commitments with an operator in
to tender referred to in Article 1 shall be released imme-         the motor fuel sector in one of the third countries listed
diately if the tender is not accepted or if the successful         in Article 2 who has undertaken to dehydrate the alcohol
tenderer had lodged the entire guarantee to ensure export          awarded in one of those countries and to export it for use
and the entire performance guarantee for the invitation to         solely as motor fuel.
tender in question.
2.    The guarantee to ensure export shall be EUR 5 per                                      Article 8
hectolitre of alcohol at 100 % volume and shall be lodged
for each quantity of alcohol for which there is a removal          1.    Before the awarded alcohol is removed, the interven-
order under each of the invitations to tender referred to in       tion agency and the successful tenderer shall take a refer-
Article 1 of this Regulation.                                      ence sample and shall analyse that sample to verify the
                                                                   alcoholic strength expressed in % volume of the alcohol
(1) OJ L 205, 3.8.1985, p. 5.                                      in question.
 ---pagebreak--- 1. 6. 1999             EN                Official Journal of the European Communities                                 L 137/33
Where the final results of the analysis of the sample show          3.    If physical removal of the alcohol is delayed by
a difference between the alcoholic strength by volume of            more than five working days in relation to the date of
the alcohol to be removed and the minimum alcoholic                 acceptance of the lot to be removed by the successful
strength by volume stated in the notice of invitation to            tenderer for reasons attributable to the intervention
tender, the following provisions shall apply:                       agency, the Member State shall be responsible for the
 (i) the intervention agency shall, the same day, inform            payment of compensation.
     the Commission thereof in accordance with Annex II,
     as well as the storer and the successful tenderer;
                                                                                             Article 9
(ii) the successful tenderer may:
      either agree to take over the lot with its character-        Notwithstanding the first subparagraph of Article 36(2) of
         istics as established, subject to the Commission’s         Regulation (EEC) No 377/93, the alcohol contained in
         agreement,                                                 the vats indicated in the communication from the
      or refuse to take over the lot in question.                  Member States referred to in Article 36 of Regulation
                                                                    (EEC) No 377/93 and covered by the invitation to tender
     In either case, the successful tenderer shall, the same        referred to in Article 1 of this Regulation may be substi-
     day, inform the intervention agency and the Commis-            tuted by alcohol of the same type by the intervention
     sion thereof in accordance with Annex III.                     agency holding the alcohol concerned in agreement with
Once these formalities have been completed, if he has               the Commission, or mixed with other alcohol delivered to
refused to take over the lot concerned, he shall be imme-           the intervention agency until a removal order is issued for
diately released from all his obligations relating to that          that alcohol, in particular for logistical reasons.
lot.
2.     Where the successful tenderer refuses the merchan-                                    Article 10
dise, as provided for in paragraph 1, the intervention
agency shall supply him with another quantity of alcohol            This Regulation shall enter into force on the day of its
of the requisite quality, at no extra charge, within a              publication in the Official Journal of the European
maximum of eight days.                                              Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 31 May 1999.
                                                                               For the Commission
                                                                                 Franz FISCHLER
                                                                           Member of the Commission
 ---pagebreak--- L 137/34         EN                  Official Journal of the European Communities                               1. 6. 1999
                                                         ANNEX I
                            INDIVIDUAL INVITATION TO TENDER No 264/1999 EC
                  I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                   Reference to
                                                            Reference Volume in
           Member                                                                   Regulation
                                     Location                number hectolitres of              Type of alcohol
            State                                                                     (EEC)
                                                              of vat  pure alcohol
                                                                                    No 822/87
         ITALY       Dist. Bertolino SpA, Partinico (Pa)                13 500          35       Raw alcohol
                     Dist. Bertolino SpA, Partinico (Pa)                  5 000         39       Raw alcohol
                     Dist. Enodistil SpA, Alcamo (Tp)                     4 000         35       Raw alcohol
                     Dist. Enodistil SpA, Alcamo (Tp)                     6 500         39       Raw alcohol
                     Dist. Russo Snc, S. Venerina (Ct)                    1 400         35       Raw alcohol
                     Dist. Russo Snc, S. Venerina (Ct)                      600         39       Raw alcohol
                     Dist. Gedis SpA, Marsala Bartolotta                  4 000         35       Raw alcohol
                     Dist. Gedis SpA, Marsala Bartolotta                  4 000         39       Raw alcohol
                     Dist. Kronion Srl, Contrada Scunchi-                 2 000         35       Raw alcohol
                     pani (Ag)
                     Dist. Kronion Srl, Contrada Scunchi-                 3 000         39       Raw alcohol
                     pani (Ag)
                     Dist. Trapas SpA, Marsala                            1 200         35       Raw alcohol
                     Dist. Trapas SpA, Marsala                            1 200         39       Raw alcohol
                     Dist. Balice Snc, Valenzano                          5 000         35       Raw alcohol
                     Dist. Balice Snc, Valenzano                          4 000         36       Raw alcohol
                     Dist. De Luca Sas, Via Trepuzzi (Le)                 6 000         35       Raw alcohol
                     Dist. ICV Srl, Borgoricco                            1 600         35       Raw alcohol
                     Dist. ICV Srl, Borgoricco                            5 311         39       Raw alcohol
                     Dist. D.C.A. SpA, Castel San Giorgio                 4 502         35       Raw alcohol
                     Dist. F. Palma SpA, S. Antimo                        1 560         35       Raw alcohol
                     Dist. Sapis SpA, Castel San Giorgio                11 125          35       Raw alcohol
                     Dist. Trani SpA, Foggia, Via Manfre-               13 402          35       Raw alcohol
                     domia
                     Dist. Trani SpA, Foggia, Via Manfre-                 1 100         36       Raw alcohol
                     domia
                                                   Total               100 000
 ---pagebreak--- 1. 6. 1999          EN                   Official Journal of the European Communities                                        L 137/35
           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, 200 rue de la Loi/Wetstraat, B-1049 Brussels,
                   or
               be submitted at the reception of the Loi 130 building of the European Commission, 130 rue de la
                   Loi/Wetstraat, 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 264/1999 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 10 June 1999.
           5. Tenders must state the name and address of the tenderer and must:
              (a) include a reference to individual sale by tender No 264/1999 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.: (6) 47 49 91; telex: 620331/620252/613003; fax: 445 39 40/
                   495 39 40).
              This security must correspond to a sum of EUR 362 200.
 ---pagebreak--- L 137/36          EN                   Official Journal of the European Communities                                        1. 6. 1999
                               INDIVIDUAL INVITATION TO TENDER No 265/1999 EC
                     I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                         Reference to
                                                                 Reference Volume in
            Member                                                                        Regulation
                                       Location                   number hectolitres of                 Type of alcohol
             State                                                                          (EEC)
                                                                   of vat  pure alcohol
                                                                                          No 822/87
         ITALY          Dist. Bonollo SpA, Anagni-Paduni                     24 000           35         Raw alcohol
                        Dist. Bonollo SpA, Anagni-Paduni                       7 000          36         Raw alcohol
                        Dist. Bonollo SpA, Anagni-Paduni                     16 000           39         Raw alcohol
                        Dist. Caviro Scrl, Faenza                            28 000           35         Raw alcohol
                        Dist. Caviro Scrl, Faenza                              1 400          39         Raw alcohol
                        Dist. D’Auria SpA, Ortona (Ch)                         7 000          35         Raw alcohol
                        Dist. D’Auria SpA, Ortona (Ch)                         1 000          36         Raw alcohol
                        Dist. D’Auria SpA, Ortona (Ch)                           900          39         Raw alcohol
                        Dist. SVA SpA, Ortona (Ch)                             3 500          35         Raw alcohol
                        Dist. Di Lorenzo, Ponte Valleceppi                     8 000          35         Raw alcohol
                        Dist. Di Lorenzo, Ponte Valleceppi                     1 200          39         Raw alcohol
                        Dist. Bonollo U. SpA, Mestrino (Pd)                    2 000          39         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, 200 rue de la Loi/Wetstraat, B-1049 Brussels,
                 or
             be submitted at the reception of the Loi 130 building of the European Commission, 130 rue de la
                 Loi/Wetstraat, B-1049 Brussels, between 11 a.m. and 12 noon on the date mentioned in point 4.
 ---pagebreak--- 1. 6. 1999          EN                   Official Journal of the European Communities                                     L 137/37
           3. Tenders must be enclosed in a sealed envelope marked ‘Tender for individual sale No 265/1999 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 10 June 1999.
           5. Tenders must state the name and address of the tenderer and must:
              (a) include a reference to individual sale by tender No 265/1999 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.: (6) 47 49 91; telex: 620331/620252/613003; fax: 445 39 40/
                  495 39 40).
              This security must correspond to a sum of EUR 362 200.
 ---pagebreak--- L 137/38          EN                    Official Journal of the European Communities                                       1. 6. 1999
                               INDIVIDUAL INVITATION TO TENDER No 266/1999 EC
                     I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                         Reference to
                                                                 Reference Volume in
            Member                                                                        Regulation
                                        Location                  number hectolitres of                 Type of alcohol
             State                                                                          (EEC)
                                                                   of vat  pure alcohol
                                                                                          No 822/87
         ITALY          Dist. Deta Srl, Barberino d’Elsa                       1 500          35         Raw alcohol
                        Dist. Deta Srl, Barberino d’Elsa                         900          39         Raw alcohol
                        Dist. Trentine Snc, Mezzolombardo                        600          35         Raw alcohol
                        Dist. Trentine Snc, Mezzolombardo                        900          39         Raw alcohol
                        Dist. Cipriani SpA, Chizzola di Ala                    4 000          35         Raw alcohol
                        Dist. Cipriani SpA, Chizzola di Ala                    3 000          39         Raw alcohol
                        Dist. Inga Srl, Alessandria                              600          35         Raw alcohol
                        Dist. Mazzari SpA, Agata sul Santerno                19 243           35         Raw alcohol
                        (Ra)
                        Dist. Mazzari SpA, Agata sul Santerno                10 000           39         Raw alcohol
                        (Ra)
                        Dist. Neri Srl, Faenza                               14 000           35         Raw alcohol
                        Dist. Neri Srl, Faenza                                 6 000          39         Raw alcohol
                        Dist. Tampieri SpA, Faenza                             1 000          35         Raw alcohol
                        Dist. Villapana, Villapana                             8 000          35         Raw alcohol
                        Dist. Vinal SpA, S. Giuletta                             600          35         Raw alcohol
                        Dist. Distercoop Srl, Faenza                           4 000          39         Raw alcohol
                        Dist. Saig SpA, Giulienova                           25 657           39         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.
 ---pagebreak--- 1. 6. 1999          EN                   Official Journal of the European Communities                                     L 137/39
                                                    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, 200 rue de la Loi/Wetstraat, B-1049 Brussels,
                  or
               be submitted at the reception of the Loi 130 building of the European Commission, 130 rue de la
                  Loi/Wetstraat. 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 266/1999 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 10 June 1999.
           5. Tenders must state the name and address of the tenderer and must:
              (a) include a reference to individual sale by tender No 266/1999 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.: (6) 47 49 91; telex: 620331/620252/613003; fax: 445 39 40/
                  495 39 40).
              This security must correspond to a sum of EUR 362 200.
 ---pagebreak--- L 137/40        EN                  Official Journal of the European Communities                          1. 6. 1999
                                                           ANNEX II
         The only telex and fax numbers in Brussels to be used are:
         DG VI (E-2) (for the attention of Mr Chiappone/Mr Innamorati):
             telex:                     22037 AGREC B,
                                         22070 AGREC B (Greek characters),
             fax:                       (32 2) 295 92 52.
                                                           ANNEX III
         Communication of refusal or acceptance of lots under the individual invitation to tender for the
                        export of vinous alcohol opened by Regulation (EC) No 1148/1999
          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