CELEX: 31994R1417
Language: en
Date: 1994-06-22 00:00:00
Title: Commission Regulation (EC) No 1417/94 of 21 June 1994 opening a sale by individual invitation to tender for the export of alcohol of vinous origin

No L 155/4                             Official Journal of the European Communities                                 22. 6. 94
                                       COMMISSION REGULATION (EC) No 1417/94
                                                        of 21 June 1994
                    opening a sale by individual invitation to tender (or the export of alcohol of
                                                          vinous origin
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the measures provided for in this Regulation are
                                                                   in accordance with the opinion of the Management
                                                                   Committee for Wine,
  Having regard to the Treaty establishing the European
  Community,
                                                                   HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 822/87 of
  16 March 1987 on the common organization of the
 market in wine ('), as last amended by Regulation (EEC)
 No 1566/93 (2),                                                                              Article 1
                                                                   1 . A sale by individual invitation to tender No 139/94
 Having regard to Council Regulation (EEC) No 3877/88              shall be held of a total quantity of 25 000 hectolitres of
 of 12 December 1988 laying down general rules for the             alcohol    at  100 %    vol obtained from distillation as
 disposal of alcohol obtained from the distillation opera­         provided for in Articles 35, 36 and 39 of Regulation (EEC)
 tions referred to in Articles 35, 36 and 39 of Regulation         No 822/87 and comprising by-products from the manu­
 (EEC) No 822/87 and held by intervention agencies (3),            facture of neutral alcohol of vinous origin.
 Whereas Commission Regulation (EEC) No 377/93 (4), as             2.     The alcohol put up for sale :
 amended by Regulation (EEC) No 2192/93 (*), lays down             — shall be for export outside the European Community
 detailed rules for the disposal of alcohol obtained from               to the Maghreb countries (Morocco, Algeria and
 distillation as provided for in Articles 35, 36 and 39 of             Tunisia),
 Regulation (EEC) No 822/87 and held by intervention
 agencies ;                                                        — must be rectified in the Community,
                                                                   — must be used in the abovementioned countries solely
                                                                        for industrial purposes and/or in the cosmetics and/or
 Whereas substantial quantities of non-rectified alcohol               pharmaceutical industries ; use in the manufacture of
 comprising by-products from the manufacture of neutral                spirituous beverages or vinegar shall be strictly pro­
 alcohol of vinous origin are stored in France and Italy ;             hibited.
 whereas, on account of the cost of storage of such alcohol,
 an individual invitation to tender should be opened to
 dispose of it ;                                                                              Article 2
                                                                   The     location   and   reference   numbers  of  the   vats
 Whereas an opportunity exists to sell such alcohol to the
 Maghreb countries exclusively for industrial use in those        concerned, the quantity of alcohol in each vat, the alco­
 countries ; whereas, on account of the high methanol and          holic strength of the alcohol and certain specific condi­
 acidity content of such alcohol, rectification operations        tions are given in the Annex hereto.
 are necessary in order for it to be used for industrial
 purposes ;
                                                                                              Article 3
 Whereas a performance security and a system of specific          The sale shall take place in accordance with Regulation
 controls should ensure that the market for alcohol and           (EEC) No 377/93, and in particular Articles 10 to 18 and
 spirituous beverages is not disturbed ;                          30 to 38 thereof.
                                                                  However :
Whereas the operative events for the agricultural conver­
sion rates described in Commission Regulation (EEC) No            — to be admissible, tenders must specify the exact use to
 2192/93 should be applied to convert the payments and                 which the alcohol is to be put,
securities under this invitation to tender into the national
currencies :                                                      — notwithstanding Article 16 (1 ) of Regulation (EEC) No
                                                                       377/93, the Commission may decide, in accordance
                                                                      with the procedure referred to in Article 83 of Regula­
(') OJ   No  L 84, 27. 3. 1987, p. 1 .                                 tion (EEC) No 822/87, on the basis of the tenders
0   OJ   No  L 154, 25. 6. 1993, p. 39.                                submitted and, where applicable, the type of end use
(3) OJ   No  L 346, 15. 12. 1988, p. 7.
(«) OJ   No  L 43, 20. 2. 1993, p. 6.                                  planned, to award a contract or to take no action in
0   OJ   No  L 196, 5. 8. 1993, p. 19.                                 respect of tenders received,
 ---pagebreak--- 22. 6. 94                            Official Journal of the European Communities                              No L 155/5
— the alcohol must have been completely used within             — reasons are given for losses of alcohol during opera­
    two years from the date of removal of the first batch,           tions to rectify non-rectified alcohol,
— the alcohol may only be removed after the place of            — the by-products of rectification are destroyed under
   end use has been indicated, after the successful                  the supervision of the competent inspection agency.
   tenderer has provided an undertaking to observe that
   destination and after the end users of the alcohol have
   provided binding undertakings specifying that the                                      Article 5
   alcohol will be used solely for the specified purposes
   in the third countries concerned.                            Commission Regulation (EEC) No 3002/92 (') and Regu­
                                                                lation (EEC) No 2220/85 (2) shall apply save as otherwise
                         Article 4                              provided for herein.
Notwithstanding Article 34 (2) of Regulation (EEC) No
377/93, the alcohol removed shall be deemed to have                                       Article 6
been totally used for the purposes laid down if :
— the proof of arrival at destination of the rectified          This Regulation shall enter into force on the day of its
   alcohol and proof that it has been used for the              publication in the Official Journal of the European
   purposes laid down have been provided,                        Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 21 June 1994.
                                                                          For the Commission
                                                                             Rene STEICHEN
                                                                       Member of the Commission
                                                                (') OJ No L 301 , 17. 10. 1992, p. 17.
                                                                (4 OJ No L 205, 3. 8. 1985, p. 5.
 ---pagebreak--- No L 155/6                              Official Journal of the European Communities                                      22. 6. 94
                                                                   ANNEX
                                  INDIVIDUAL INVITATION TO TENDER No 139/94 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
                                                            n imber of vat                   (EEC)
                                                                           pure alcohol    No 822/87
           FRANCE               Deulep
                                30800 — Saint-Gilles­
                                du-Gard                                           174          35      Off flavour + 92°
                                Verniers
                                11100 — Narbonne                                 211           36      Off flavour + 92°
                                                                               4 015           35      Off flavour + 92°
                                Longuefuye
                                53200 — Longuefuye                               370          36       Off flavour + 92°
                                                                             20 230           35       Off flavour + 92°
                                                 Total                       25 000
          Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
          per litre or the equivalent thereof in national currency, 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
          Evidence relating to the destination and use of the alcohol is to be obtained in particular 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 25 000 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 96/93 EC (alcohol),
              DG VI-E-2 — to be opened only at the meeting of the group', which itself must be enclosed in an enve­
              lope addressed to the Commission.
         4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 7 July 1994.
 ---pagebreak--- 22. 6 . 94                             Official Journal of the European Communities                                        No L 155/7
           5 . Tenders must state the name and address of the tenderer and must :
               (a) include a reference to individual sale by tender No 139/94 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 in Article 3 of this Regulation.
           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 1 Onivins, zone industrielle, avenue de la Ballastière, boîte postale 231 , F-33505
                   Libourne Cedex (tel. 57 51 03 03 ; telex : 572 025 ; fax : 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 60 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.