CELEX: 31995R2203
Language: en
Date: 1995-09-18 00:00:00
Title: COMMISSION REGULATION (EC) No 2203/95 of 18 September 1995 opening an individual sale by invitation to tender for the export of vinous alcohol

No L 221 /22        | EN |              Official Journal of the European Communities                                19 . 9 . 95
                                       COMMISSION REGULATION (EC) No 2203/95
                                                     of 18 September 1995
                   opening an individual sale by invitation to tender for the export of vinous
                                                             alcohol
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas Commission Regulation (EEC) No 2192/93 (*)
                                                                    concerning the operative events for the agricultural
 Having regard to the Treaty establishing the European              conversion rates used in the wine sector and amending
 Community,                                                         Regulation (EEC) No 377/93 specifies the agricultural
                                                                    conversion rates to be used to convert the payments and
                                                                    securities provided for in connection with individual invi­
 Having regard to Council Regulation (EEC) No 822/87 of             tations to tender into national currency ;
 16 March 1987 on the common organization of the
 market in wine ('), as last amended by Regulation (EC) No         Whereas the measures provided for in this Regulation are
 1 544/95 (2),                                                      in accordance with the opinion of the Management
                                                                    Committee for Wine,
 Having regard to Council Regulation (EEC) No 3877/88
 of 12 December 1988 laying down general rules for the
 disposal of alcohol obtained from the distillation opera­          HAS ADOPTED THIS REGULATION :
 tions referred to in Articles 35, 36 and 39 of Regulation
(EEC) No 822/87 and held by intervention agencies (3),
                                                                                             Article 1
Whereas Commission Regulation (EEC) No 377/93 (% as                An individual sale by invitation to tender No 183/95 EC
 last amended by Regulation (EC) No 3152/94 (*), lays              shall be held for a total quantity of 75 000 hectolitres of
down detailed rules for the disposal of alcohol obtained           alcohol obtained from the distillation operations referred
 from the distillation operations referred to in Articles 35,      to in Articles 35, 36 and 39 of Regulation (EEC) No
 36 and 39 of Regulation (EEC) No 822/87 and held by               822/87 and held by the Greek and Italian intervention
intervention agencies ;                                            agencies.
Whereas an individual invitation to tender should be held
                                                                                             Article 2
for the export of vinous alcohol obtained from the distil­
lation operations referred to in Articles 35, 36 and 39 of         The alcohol offered for sale :
Regulation (EEC) No 822/87 and held by the Greek inter­
vention agency ; whereas for logistical reasons a lot of           — shall be for export outside the European Community,
75 000 hectolitres of alcohol should be constituted,
comprising all the alcohol in question stored in Greece,           — must be imported into and dehydrated in one of the
and the balance being made up of vinous alcohol stored                  following third countries :
in Italy ;                                                              — Costa Rica,
                                                                        — Guatemala,
Whereas exportation of that alcohol to certain countries                — Honduras, including the Swan Islands,
of the Caribbean and central America for ultimate use as                — El Salvador,
motor fuel is the most appropriate method of disposal
and will help to ensure that the alcohol market is not                  — Saint Christopher and Nevis,
disturbed ;                                                             — Bahamas,
                                                                        — Dominican Republic,
Whereas the Greek intervention agency also holds a                      — Antigua and Barbuda,
quantity of 1 248 hectolitres of vinous alcohol under                   — Dominica,
national administration ;
                                                                        — British Virgin Islands and Montserrat,
                                                                        — Jamaica,
Whereas the amount of the performance guarantee must
take account of the fact that large quantities of alcohol               — Saint Lucia,
may be stored in the countries of the Caribbean and                     — Saint Vincent, including the Northern Grenadines,
central America concerned and ensure that the alcohol is                — Barbados,
actually used for the intended purpose ;
                                                                        — Trinidad and Tobago,
                                                                        — Belize,
(>) OJ  No   L 84, 27. 3. 1987, p. 1 .
(2  OJ  No   L 148, 30. 6. 1995, p. 31 .                                — Grenada, including the Southern Grenadines,
0   OJ  No   L 346, 15. 12. 1988, p. 7.
(4) OJ  No   L 43, 20. 2. 1993, p. 6.
H Of No L 332, 22. 12. 1994, p. 34.                                («) OJ No L 196, 5. 8. 1993, p. 19.
 ---pagebreak--- i9 . 9 . 95        ran                Official Journal of the European Communities                              No L 221 /23
     — Aruba,                                                   2.      The awarded alcohol shall be used within three years
                                                                from the date of first removal .
     — Netherlands Antilles (Curasao, Bonaire, Saint
         Eustace, Saba and the southern part of Saint
         Martin),
                                                                                            Article 7
     — Guyana,
     — Virgin Islands of the United States,                     To be valid, tenders must indicate the place where end
     — Haiti,                                                   use of the alcohol awarded is to take place and must
                                                                include an undertaking by the tenderer to the effect that
— must be used only as motor fuel.                              the alcohol will be sent to that destination and used for
                                                                that purpose. The tender shall also include proof that the
                                                                tenderer has binding commitments with an operator in
                          Article 3                             the motor fuel sector in one of the third countries listed
                                                                in Article 2 who has undertaken to dehydrate the alcohol
The     location  and   reference   numbers    of the  vats
                                                                awarded in one of those countries and to export it for use
                                                                solely as motor fuel.
concerned, the quantity of alcohol contained in each vat,
the alcoholic strength and the characteristics of the
alcohol as well as certain specific conditions are given in
the Annex I hereto.                                                                         Article 8
                                                                1.      Before the awarded alcohol is removed, the interven­
                          Article 4
                                                                tion agency and the successful tenderer shall take a
                                                                reference sample and shall analyse that sample to verify
                                                                the alcoholic strength expressed in % vol of the alcohol
The sale shall take place in accordance with Articles 13 to     in question .
18 and Articles 30 to 38 of Regulation (EEC) No 377/93 .
                                                                Where the final results of the analysis of the sample show
                                                                a difference between the alcoholic strength by volume of
                          Article 5                             the alcohol to be removed and the minimum alcoholic
                                                                strength by volume stated in the notice of invitation to
1 . The tendering security referred to in Article 15 of         tender, the following provisions shall apply :
Regulation (EEC) No 377/93 shall be ECU 3,622 per                (i) the intervention agency shall, the same day, inform
hectolitre of alcohol at 100 % volume and shall be lodged             the Commission thereof in accordance with Annex II,
for the total quantity of alcohol offered for sale in the             as well as the storer and the successful tenderer ;
invitation to tender referred to in Article 1 .
                                                                (ii) the successful tenderer may :
Maintenance of the tender after the time limit for submit­
                                                                    — either agree to take the lot with its characteristics
ting tenders and the lodging of a performance guarantee                   as established, subject to the Commission's agree­
shall constitute the primary requirements within the                      ment,
meaning of Article 20 of Regulation (EEC) No 2220/85 (')
as regards the tendering security.                                  — or refuse to take over the lot in question.
                                                                     In either case, the successful tenderer shall, the same
The tendering security shall be released immediately if             day, inform the intervention agency and the Commis­
the tender is not accepted or if the successful tenderer            sion thereof in accordance with Annex III .
meets the conditions set out in the preceding subpara­
graph.                                                              Once these formalities have been completed, if he has
                                                                    refused to take over the lot concerned, he shall be
2.    The performance guarantee shall be ECU 30,19 per              immediately released from all his obligations relating
hectolitre of alcohol at 100 % volume.                              to that lot.
The guarantee shall be released in accordance with Article      2.      Where the successful tenderer refuses the merchan­
34 (3) (b) of Regulation (EEC) No 377/93.                       dise, as provided for in paragraph 1 , the intervention
                                                                agency shall supply him with another quantity of alcohol
                                                                of the requisite quality, at no extra charge, within a
                                                                maximum of eight days.
                          Article 6
                                                                3.      If physical removal of the alcohol is delayed by
1.    The alcohol awarded under the invitation to tender
                                                                more than five working days in relation to the date of
referred to in Article 1 shall be exported by 31 March          acceptance of the lot to be removed by the successful
1996 at the latest.                                             tenderer      for reasons   attributable to the  intervention
                                                                agency, the Member State shall be responsible for the
(') OJ No L 205, 3. 8. 1985, p. 5.                              payment of compensation.
 ---pagebreak--- No L 221 /24       [ ENl             Official Journal of the European Communities                                    19 . 9 . 95
                         Article 9                             vered to the intervention agency until a removal order is
                                                               issued for that alcohol, in particular for logistical reasons.
Notwithstanding the first subparagraph of Article 36 (2) of
Regulation (EEC) No 377/93, the alcohol contained in
the vats indicated in the communication from the
Member States referred to in Article 36 of Regulation                                    Article 10
(EEC) No 377/93 and covered by the invitation to tender
referred to in Article 1 of this Regulation may be substi­
tuted by alcohol of the same type by the intervention          This Regulation shall enter into force on the day of its
agencies holding the alcohol concerned in agreement            publication in the Official Journal of the European
with the Commission, or mixed with other alcohol deli­         Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 18 September 1995.
                                                                        For the Commission
                                                                           Franz FISCHLER
                                                                    Member of the Commission
 ---pagebreak--- 19 . 9 . 95        EN                 Official Journal of the European Communities                               No L 221 /25
                                                         ANNEX I
                               INDIVIDUAL INVITATION TO TENDER No 183/95 EC
                     I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                  Reference to
                                                                    Volume in
                                                       Reference                   Regulation
                Member State          Location                     hectolitres of                Type of alcohol
                                                     number of vat                   (EEC)
                                                                   pure alcohol    No 822/87
            1 . GREECE        Anthia (Patra)              A4              978     35 + 36 + 39 Raw alcohol
                                                          A5              970          39      Raw alcohol
                                                          A6              718          39      Raw alcohol
                                                          A7              719          39      Raw alcohol
                                                         A12              901          39      Raw alcohol
                                                          Al              967          39      Raw alcohol
                                                          A2              971          39      Raw alcohol
                                                          A3              957          39      Raw alcohol
                              Volos                       22              701          39      Neutral
                                                          23              703          39      Neutral
                                                          28              249          39      Neutral
                                                          37              807          39      Neutral
                              Sitia (Kiiti)               47              926          39      Raw alcohol
                                                          46              941          39      Raw alcohol
                                                          30              562       36 + 39    Neutral
                                                          32              558          39      Raw alcohol
                                                          43              928          39      Raw alcohol
                                                          33              471          39      Neutral
                                                          38              569          39      Neutral
                              Halkida                     14              604          39      Raw alcohol
                                                            5             193       35 + 39    Raw alcohol
                              Halkida                       3             358          35      Raw alcohol
                                                            6             357          35      Raw alcohol
                                                            7             357          35      Raw alcohol
                                                            8             345          35      Raw alcohol
                                                          15              500          35      Raw alcohol
                                                          10              336          35      Raw alcohol
                                                            9             244          35      Raw alcohol
                                                            2             357          35      Raw alcohol
                                                          20                38         35      Raw alcohol
                              Megara                      35              678          35      Raw alcohol
                                                          32              752          35      Raw alcohol
                                               Total                  19 715
 ---pagebreak--- No L 221 /26      | EN                 Official Journal of the European Communities                                     19 . 9 . 95
                                                                                        Reference to
                                                                          Volume in
                                                             Reference                   Regulation
               Member State            Location                          hectolitres of                Type of alcohol
                                                           number of vat                   (EEC)
                                                                         pure alcohol    No 822/87
           2 . ITALY           Ind. Chimica
                               Valenziana SpA                                6 417           39      Raw alcohol
                               Bertolino SpA                                 6911            35      Raw alcohol
                               F.lli Balice Sne                              6 417           39      Raw alcohol
                               Neri Srl                                      2 962           35      Raw alcohol
                               Co.Ri.Me Seri                                 4 936           39      Raw alcohol
                               Lav. Sociale Vinacce
                               Modena SpA                                    2 962          35       Raw alcohol
                               G. Di Lorenzo SpA                             8 885          35       Raw alcohol
                               CAVIRO Seri                                  11 847          39       Raw alcohol
                               Dist. del Sud SpA                             1 974          39       Raw alcohol
                               Vinum SpA                                     1 974          35       Raw alcohol
                                                Total                      55 285
                                        Grand total                        75 000
           Any interested party may, on application to the intervention agency concerned and on payment of ECU
           2,415 per litre or the equivalent thereof in Italian lire or Greek drachmas, obtain samples of the alcohol
           offered for sale. Such samples shall be taken by a representative of the intervention agency concerned.
                                             II. Destination and use of the alcohol
           The alcohol offered for sale must be exported from the Community. It must be imported into and dehy­
           drated in one of the non-member countries listed in Article 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 75 000 hectolitres of alcohol, expressed in hectolitres of
               alcohol at 100 % vol .
               Any tender relating to a smaller quantity will not be considered.
 ---pagebreak--- 19 . 9 . 95      ΓΕΝΙ                 Official Journal of the European Communities                                        No L 221 /27
            2. Tenders must :
               — be sent by registered mail to the Commission of the European Communities, 200 rue de la Loi/
                  Wetstraat, B-1049 Brussels, or # CQ50 # Each tender must be accompanied by attestations of the
                      lodging of a tendering security, issued by the following intervention agencies :
               — EIMA, via Palestre 81 , 1-00185 Roma (tel. 47 49 91 ; telex 62 03 31 , 62 02 52, 61 30 03 ; fax 445 39 40,
                  495 39 40),
               — Ministry of Agriculture — DIDAGEP, 241 , Acharnon Street, Athens (tel. : 86 77 618, telex : 22 17 01 ,
                  fax : 86 71 11 1 ).
            This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.
                                                     IV. Award of contract
            The successful tenderer must provide proof that a performance guarantee of ECU 30,19 per hectolitre of
            alcohol at 100 % vol. has been lodged with each intervention agency concerned within twenty days of the
            date of receipt of the Commission decision awarding the alcohol contract
 ---pagebreak--- No L 221 /28    I EN I               Official Journal of the European Communities                           19 . 9 . 95
                                                         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 Van der Stappen)
           — 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 2203/95
           — Name of the successful tenderer :
           — Date of award of contract :
           — Date of refusal or acceptance of the lot by the successful tenderer :
                   Lot           Quantity         Location              Reason for refusal or acceptance to
                   No         in hectolitres     of alcohol                          take over