CELEX: 31996R0246
Language: en
Date: 1996-02-09 00:00:00
Title: COMMISSION REGULATION (EC) No 246/96 of 9 February 1996 opening an individual sale by invitation to tender for vinous alcohol

No L 32/2             EN                Official Journal of the European Communities                                10 . 2. 96
                                          COMMISSION REGULATION (EC) No 246/96
                                                         of 9 February 1996
                          opening an individual sale by invitation to tender for vinous alcohol
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        securities provided for in connection with individual invi­
                                                                     tations to tender into national currency ;
  Having regard to the Treaty establishing the European
  Community,                                                         Whereas the measures provided for in this Regulation are
                                                                     in accordance with the opinion of the Management
                                                                     Committee for Wine,
  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 (EC) No
  1 544/95 (2),                                                      HAS ADOPTED THIS REGULATION :
  Having regard to Council Regulation (EEC) No 3877/88
  of 12 December 1988 laying down general rules for the                                        Article 1
  disposal of alcohol obtained from the distillation opera­
  tions referred to in Articles 35, 36 and 39 of Regulation          An individual sale by invitation to tender No 193/95 EC
 (EEC) No 822/87 and held by intervention agencies (3),              shall be held for a total quantity of 24 699 hectolitres of
                                                                     alcohol at 100 % volume obtained from the distillation
                                                                     operations referred to in Article 39 of Regulation (EEC)
 Whereas Commission Regulation (EEC) No 377/93 (4), as               No 822/87 and held by the German intervention agency.
 last amended by Regulation (EC) No 3152/94 (*), lays
 down detailed rules for the disposal of alcohol obtained
 from the distillation operations referred to in Articles 35,                                  Article 2
 36 and 39 of Regulation (EEC) No 822/87 and held by
 intervention agencies ;
                                                                    The alcohol offered for sale must be used :
 Whereas, in view of the storage costs, an individual invita­       — for a new industrial purpose inside the Community,
 tion to tender should be organized for all the Community
 intervention alcohol stored in Germany ;                           — or for processing into goods to be exported for indus­
                                                                         trial purposes under inward processing arrangements
                                                                         subject to the conditions laid down in Article 2 of
 Whereas it should be stipulated that all this vinous                    Regulation (EEC) No 377/93,
 alcohol should be sold on one of the markets which
 ensure to a certain degree that traditional markets in             — or in the motor fuel sector within the Community,
 alcohol are not disrupted, that is, either in the motor fuel       — or in the motor fuel sector outside the Community
 sector outside or inside the Community, or for a new
                                                                         after import and dehydration of the alcohol in one of
 industrial end-use inside the Community, or for proces­                 the   Caribbean   and    Central American    countries
 sing into goods exported under inward processing arran­                 referred to in Commission Regulation (EC) No
 gements subject to the conditions laid down in Article 2                2203/95 n.
 of Regulation (EEC) No 377/93 ;
 Whereas the amount of the perfomance guarantee must                                          Article 3
 take account of the intended destination and end-use for
 this alcohol, and of the volume of alcohol offered for sale        The     location  and   reference   numbers   of  the   vats
 under this invitation to tender ;                                  concerned, the quantity of alcohol contained in each vat,
                                                                    the alcoholic strength and the characteristics of the
 Whereas Commission Regulation (EEC) No 2192/93 (*)                 alcohol as well as certain specific conditions are given in
                                                                    the Annex hereto.
 concerning the operative events for the agricultural
 conversion rates used in the wine sector and amending
 Regulation (EEC) No 377/93 specifies the agricultural
 conversion rates top be used to convert the payments and                                     Article 4
                                                                    This sale shall take place in accordance with Articles 13
(')  OJ No   L  84, 27. 3. 1987, p. 1 .
(2)  OJ No   L  148, 30. 6. 1995, p. 31 .                           to 18 and Articles 30 to 38 of Regulation (EEC) No
(3)  OJ No   L  346, 15. 12. 1988, p. 7.                            377/93 .
(♦)  OJ No   L  43, 20. 2. 1993, p. 6.
V) OJ No L 332, 22. 12. 1994, p. 34.
M OJ No L 196, 5. 8. 1993, p. 19.                                   0 OJ No L 221 , 19. 9. 1995, p. 22.
 ---pagebreak---     10 . 2. 96          EN               Official Journal of the European Communities                                No L 32/3
                             Article 5                                   alcohol awarded will be used within two years from
                                                                         the date of the first removal ;
    1 . The tendering security referred to in Article 15 of         — in the case referred to in the second indent of Article
   Regulation (EEC) No 377/93 shall be ECU 3,622 per
   hectolitre of alcohol at 100 % volume and shall be lodged             2, they must indicate the nature of the processing, and
                                                                         the nature of the goods exported ;
   for the total quantity of alcohol offered for sale in the
   invitation to tender referred to in Article 1 .                  — in the case referred to in the third indent of Article 2,
                                                                         they must indicate precisely the geographical destina­
   Maintenance of the tender after the time limit for submit­            tion and use of this motor fuel alcohol, and include an
   ting tenders and the lodging of a performance guarantee              undertaking by the tenderer to the effect that the
   shall constitute the primary requirements within the                 motor fuel will be used within two years from the date
   meaning of Article 20 of Commission Regulation (EEC)                 of the first removal ;
   No 2220/85 ('), as regards the tendering security.
                                                                    — in the case referred to in the fourth indent of Article
                                                                        2, they must indicate the country of destination, and
  The tendering security shall be released immediately if               include an undertaking by the tenderer to the effect
   the tender is not accepted or if the successful tenderer             that the alcohol awarded will be sent to that destina­
  meets the conditions set out in the preceeding subpara­               tion and used solely in the motor fuel sector ; in this
  graph.                                                                case, the tender must also include proof that the
                                                                        tenderer has binding commitments with an operator
  2.      The performance guarantee shall be ECU 30,19 per              in the motor fuel sector in one of the third countries
  hectolitre of alcohol at 100 % volume when the final use              listed in Regulation (EC) No 2203/95, who has under­
  of the alcohol is in the motor fuel sector, and ECU 36,23             taken to dehydrate the alcohol awarded in one of
  per hectolitre of alcohol at 100 % volume when the final              those countries, and to export it for use solely in the
  use of the alcohol relates to one of the purposes referred           motor fuel sector.
  to in the first and second indents of Article 2 of this
  Regulation .
                                                                                              Article 9
  3. Notwithstanding Article 17(2) of Regulation (EEC)
  No 377/93, the successful tenderer shall provide proof            1.     Upon application to the Bundesanstalt fur Landwirt­
  that a performance guarantee has been lodged at the latest       schaft und Ernahrung (BLE), Adickesallee 40, D-60322
 on the date of issue of a removal order for the quantity of       Frankfurt am Main, (tel.: 069 154 44 79, fax (069)
 alcohol concerned.                                                 156 44 44), and payment of ECU 2,415 per litre, or the
                                                                   equivalent thereof in German marks, interested parties
                                                                   may obtain samples of the alcohol offered for sale taken
                            Article 6                              by a representative of the BLE using the conversion rates
                                                                   referred to in Regulation (EEC) No 2192/93 .
 Notwithstanding Article 18(2) of Regulation (EEC) No              However, no interested party may obtain samples of more
 377/93, removal of the alcohol from the storehouses of            than five litres from each vat.
 the invervention agency concerned must be completed
 within four months from the date of receipt of the               2.      The BLE shall supply all requisite information on
 Commission decision awarding the volume of alcohol               the characteristics of the alcohol offered for sale .
 specified in Article 1 of this Regulation .
                                                                                             Article 10
                            Article 7
                                                                   1 . The procedures for monitoring destinations and use
 Where the alcohol awarded under the invitation to tender         shall be those provided for pursuant to Article 37 of
 referred to in Article 1 is to be exported, it shall be          Regulation (EEC) No 377/93 .
 exported by 30 June 1996 at the latest.
                                                                  2. When the alcohol offered for sale is exported
                                                                  outside the Community for final use in the motor fuel
                                                                  sector, evidence of destination and use of the alcohol shall
                            Article 8
                                                                  be provided by an international security company to the
                                                                  intervention agency concerned. The successful tenderer
To be valid, tenders must indicate the specific intended          shall bear the costs .
use of the alcohol, and :
— in the case referred to in the first indent of Article 2,                                  Article 11
       they must indicate the place of final use and include
       an undertaking by the tenderer to the effect that the      This Regulation shall enter into force on the day of its
                                                                  publication in the Official Journal of the European
(') OJ No L 205, 3. 8. 1985, p. 5.                                Communities.
 ---pagebreak--- No L 32/4     EN             Official Journal of the European Communities                        10 . 2. 96
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Brussels, 9 February 1996.
                                                                 For the Commission
                                                                   Franz FISCHLER
                                                             Member of the Commission
 ---pagebreak--- 10. 2. 96          rEN                   Official Journal of the European Communities                                      No L 32/5
                                                                  ANNEX
                                    INDIVIDUAL INVITATION TO TENDER No 193/95 EC
                        I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                             Volume in     Reference to
                                              Number         hectolitres                                               Alcoholic
  Member State             Location                                         Regulation        Type of alcohol
                                               of vats      of alcohol at     (EEC)                                     strength
                                                             100 % vol      No 822/ 87                                (in % vol)
GERMANY           D-63263                                      19 770           39      raw alcohol
                  Neu-Isenburg
                  Schlüssnerstraße 6
                  D-37603                                       4 929           39      raw alcohol
                  Holzminden
                  Rumohrtatstraße 29
                                   Total                       24 699
                                                       II. Submission of tenders
               1 . Tenders should be submitted for a quantity of 24 699 hectolitres of alcohol, expressed in hectoli­
                    tres 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, rue de la Loi/
                        Wetstraat 200 , B-1049 Brussels, or
                   — be handed in at the reception of the Loi 130 building of the Commission of the European
                        Communities, 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 tamper-proof sealed envelope marked 'Tender for individual sale
                   No 193/95 EC (alcohol) DG VI/E/2 : to be opened only at the meeting of the group', which must
                   itself be enclosed in an envelope addressed to the Commission .
               4. Tenders must reach the Commission not later than 12 noon (Brussels time) on 27 February 1996.
               5. Tenders must state the name and address of the tenderer, and must :
                   (a) include a reference to individual sale by tender No 193/95 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 Article 8 of this Regulation.
               6. Tenders must be accompanied by attestations of the lodging of a tendering security, issued by the
                   following intervention agency :
                   — Bundesanstalt für Landwirtschaft und Ernährung (BLE), Adickesallee 40, D-60322 Frankfurt
                        am Main (tel.: (069) 156 44 79 ; fax (069) 1 56 44 44).
                   This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.