CELEX: 31995R0361
Language: en
Date: 1995-02-22 00:00:00
Title: COMMISSION REGULATION (EC) No 361/95 of 22 February 1995 opening an individual sale by invitation to tender for the export of vinous alcohol held by the Spanish intervention agency

23. 2. 95          fENl               Official Journal of the European Communities                             No L 41 /23
                                     COMMISSION REGULATION (EC) No 361/95
                                                     of 22 February 1995
                   opening an individual sale by invitation to tender for the export of vinous
                                    alcohol held by the Spanish intervention agency
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     account of any amendments made under the agnmone­
                                                                  tary system established by Council Regulation (EEC) No
                                                                  3813/92 of 28 December 1992 on the unit of account and
  Having regard to the Treaty establishing the European           the conversion rates to be applied for the purposes of the
  Community,                                                      common agricultural policy (s), as last amended by Regu­
                                                                  lation (EC) No 150/95(0 ;
  Having regard to Council Regulation (EEC) No 822/87 of
  16 March 1987 on the common organization of the                 Whereas Commission Regulation (EEC) No 2192/93 Q
  market in wine ('), as last amended by the Act of Acces­        concerning the operative events for the agricultural
  sion of Austria, Finland and Sweden,                            conversion rates used in the wine sector and amending
                                                                  Regulation (EEC) No 377/93 specifies the agricultural
                                                                  conversion rates to be used to convert the payments and
  Having regard to Council Regulation (EEC) No 3877/88            securities provided for in connection with individual invi­
 of 12 December 1988 laying down general rules for the            tations to tender into national currency ;
 disposal of alcohol obtained from the distillation opera­
 tions referred to in Articles 35, 36 and 39 of Regulation
 (EEC) No 822/87 and held by intervention agencies (2),           Whereas the measures provided for in this Regulation are
                                                                  in accordance with the opinion of the Management
                                                                  Committee for Wine,
 Whereas Commission Regulation (EEC) No 377/93 (3), as
 last amended by Regulation (EC) No 31 52/94 (4), lays
 down detailed rules for the disposal of alcohol obtained
 from the distillation operations referred to in Articles 35,     HAS ADOPTED THIS REGULATION :
 36 and 39 of Regulation (EEC) No 822/87 and held by
 intervention agencies ;
                                                                                            Article 1
 Whereas, in view of the cost of storing alcohol, an indivi­
 dual sale by invitation to tender should be opened for
 vinous alcohol obtained from the distillation operation          One individual sale by invitation to tender No 172/94 EC
 referred to in Article 39 of Regulation (EEC) No 822/87          shall be held of a total quantity of 200 000 hectolitres of
 and held by the Spanish intervention agency ;                    alcohol obtained from the distillation operation referred
                                                                  to in Article 39 of Regulation (EEC) No 822/87 and held
                                                                 by the Spanish intervention agency.
 Whereas this individual invitation to tender should be
 organized for the export of alcohol to Costa Rica where
 there is some guarantee that the market in alcohol and                                     Article 2
 spirit drinks will not be disturbed, with a view to its end
 use as motor fuel ;
                                                                 The alcohol offered for sale :
Whereas, nevertheless, the amount of and the detailed            — shall be for export outside the European Community,
 rules for the guarantees and securities laid down for those     — must be imported into and dehydrated in Costa Rica,
 individual invitations to tender should be adapted, given
 the large amount of alcohol being put up for sale ;             — must be used only as motor fuel.
whereas a removal guarantee must ensure the export of
the alcohol ; whereas the amount of the performance
guarantee must be increased, given the possibility of a                                     Article 3
large volume of alcohol being stored in the Caribbean
and Central American countries concerned ;                       The    location   and    reference    numbers of  the   vats
                                                                 concerned, the quantity of alcohol contained in each vat,
Whereas the tender prices expressed in ecus/hi, submitted        the alcoholic strength and the characteristics of the
under invitations to tender for vinous alcohol, must take        alcohol as well as certain specific conditions are given in
                                                                 the Annex hereto.
(') OJ No L 84, 27. 3. 1987, p. 1 .
(2) OJ No L 346, 15. 12. 1988, p. 7.                             (J) OJ No L 387, 31 . 12. 1992, p. 1 .
(3) OJ No L 43, 20. 2. 1993, p. 6.                               (6) OJ No L 22, 31 . 1 . 1995, p. 1 .
(4) OJ No L 332, 22. 12. 1994, p. 34.                            0 OJ No L 196, 5. 8 . 1993, p. 19.
 ---pagebreak---  No L 41 /24          EN                Official Journal of the European Communities                                 23 . 2. 95
                            Article 4                             Notwithstanding Article 17 of Regulation (EEC) No
                                                                  377/93 that guarantee shall be lodged for the invitation to
                                                                  tender referred to in Article 1 of this Regulation for each
 The sales shall take place in accordance with Articles 13,       quantity of alcohol which is subject to a removal order.
 14, 15, 16, 18 (5) and (6) and 30 to 38 of Regulation (EEC)
 No 377/93. However, notwithstanding Article 1 5 of Regu­
 lation (EEC) No 377/93, the final date for the submission        The successful tenderer shall provide proof that a perfor­
 of tenders for the invitations to tender referred to in this     mance guarantee has been lodged with the intervention
 Regulation, shall fall between the eighth and the 25th day       agency by the date of issue of a removal order for the
 following the date of publication of the individual invita­      quantity of alcohol in question at the latest.
 tions to tender.
                                                                  The guarantee shall be released in accordance with Article
                                                                  34 (3) (b) of Regulation (EEC) No 377/93.
                           Article 5
                                                                                            Article 6
 1 . The tendering security referred to in Article 15 of
 Regulation (EEC) No 377/93 shall be ECU 3,622 per                1 . The intervention agency holding alcohol and the
 hectolitre of alcohol at 100 % volume and shall be lodged        successful tenderer shall agree on a (detailed) timetable for
 for the total quantity of alcohol offered for sale under the     the physical removal of the alcohol. The timetable shall
 invitation to tender referred to in Article 1 hereto.            be notified to the Commission in the month following
                                                                  receipt of the Commission's decision awarding the
                                                                  alcohol to permit coordination of removal operations in
 Maintenance of the tender after the time limit for submits       accordance with this Regulation.
 ting tenders and the lodging of a removal guarantee shall
 constitute the primary requirements within the meaning           2. The successful tenderer shall pay for the alcohol he
 of Article 20 of Regulation (EEC) No 2220/85 (') as              is awarded and accept responsibility for the risk of theft,
 regards the tendering security.
                                                                  loss and destruction and the cost of storage of the alcohol
                                                                  covered by the invitation to tender referred to in this
The tendering security shall be released immediately if           Regulation by 26 June 1995 at the latest.
 the tender is not accepted or if the successful tenderer
 meets the conditions set out in the preceding subpara­           3.    After receiving payment for a quantity of alcohol
graph.                                                            calculated to the nearest hectolitre of alcohol at 100 %
                                                                  volume, the intervention agency holding the alcohol shall
                                                                  issue a removal order for the relevant quantity of alcohol.
 2. Within 20 days of receipt of the Commission's deci­           Ownership of the alcohol for which a removal order is
sion awarding the alcohol, the successful tenderer shall          issued shall be transferred on issue of the order and the
provide proof that a removal guarantee has been lodged            relevant quantities shall be considered as being withdrawn
with the intervention agency holding alcohol to ensure            on that date .
the export of the alcohol covered by the tender in ques­
tion .
                                                                  Each removal order shall cover a quantity of at least 5 000
                                                                  hectolitres except in the case of the last removal in each
The removal guarantee shall be ECU 12,08 per hectolitre           Member State.
of alcohol at 100 % volume and shall be lodged for the
total quantity offered for sale in the invitation to tender       4.    The alcohol awarded under the invitation to tender
covered by this Regulation.                                       provided for in this Regulation must be exported within a
                                                                  time limit of four months from the date of issue of the
The removal guarantee shall be released by the interven­          last removal order relating thereto.
tion agency holding alcohol only for each quantity of
alcohol for which proof is supplied that it was exported
within the time limit laid down in Article 6 (4).                                           Article 7
The export of alcohol awarded pursuant to this Regula­            To be valid, tenders must indicate the place where end
tion shall constitute a primary requirement within the            use of the alcohol awarded is to take place and must
meaning of Article 20 of Regulation (EEC) No 2220/85 as           include an undertaking by the tenderer to the effect that
regards the removal guarantee.                                    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
3.     The performance guarantee shall be ECU 30,19 per           the motor fuel sector in the third country listed in Article
hectolitre of alcohol at 100 % volume.
                                                                  2 who was undertaken to dehydrate the alcohol awarded
                                                                  in that country and to export it for use solely as motor
(') OJ No L 205, 3. 8. 1985, p. 5.                                fuel.
 ---pagebreak--- 23. 2. 95          fENl               Official Journal of the European Communities                           No L 41 /25
                          Article 8                             paid and the time limit for removal and use of the alcohol
                                                                awarded to them indicated in the invitation to tender
Notwithstanding the first subparagraph of Article 36 (2) of     concerned.
Regulation (EEC) No 377/93, the alcohol contained in
the vats   indicated in    the  communication     from   the
                                                                3.   Successful tenderers who wish to make such an
Member States referred to in Article 36 of Regulation           exchange must give prior notice to the intervention agen­
(EEC) No 377/93 and covered by the invitation to tender         cies concerned.
referred to in Article 1 of this Regulation may be substi­
tuted by the intervention agency holding the alcohol            4. If such exchange affects the planned timetable for
concerned in agreement with the Commission or mixed             physical removal of the alcohol, that timetable shall
with other alcohol delivered to the intervention agency         immediately be amended and that amendment notified to
until a removal order is issued for that alcohol, in parti­     the Commission .
cular for logistical reasons.
                                                                5. Such exchange shall not change the total quantities
                          Article 9
                                                                of alcohol placed on sale for invitations to tender No
1.    Successful tenderers for individual invitations to        172/94 EC .
tender No 172/94 EC may, by common agreement,
exchange a quantity of alcohol stored in the designated                                 Article 10
vats in a Member State for the purposes provided for in
those invitations to tender.
                                                                This Regulation shall enter into force on the day of its
2.    Such exchange shall not affect the obligations of the     publication in the Official Journal of the European
tenderers concerned, particularly as regards the price to be    Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 22 February 1995.
                                                                         For the Commission
                                                                           Franz FISCHLER
                                                                     Member of the Commission
 ---pagebreak--- No L 41 /26        UNI                   Official Journal of the European Communities                                     23 . 2. 95
                                                                ANNEX
                                  INDIVIDUAL INVITATION TO TENDER No 172/94 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
                                                           number of vat                   (EEC)
                                                                         pure alcohol    No 822/87
            SPAIN                Villarrobledo                  25           11 897          39      Raw alcohol
                                 Villarrobledo                  22          39 014           39      Raw alcohol
                                 Villarrobledo                  17          42 241           39      Raw alcohol
                                 Villarrobledo                  20          41 813           39      Raw alcohol
                                 Tarancón                      C-6           11 563          39      Raw alcohol
                                 Tarancón                      D-6          26 317           39      Raw alcohol
                                 Tarancón                      C-7          27 155           39      Raw alcohol
                                                  Total                    200 000
            Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
            per litre or the equivalent thereof in Spanish pesetas, 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 the non-member country 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 200 000 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 172/94 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 6 March 1995.
 ---pagebreak--- 23. 2. 95       I EN i               Official Journal of the European Communities                                     No L 41 /27
          5. Tenders must state the name and address of the tenderer and must :
             (a) include a reference to individual sale by tender No 172/94 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,
                 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 :
             — SENPA, Beneficencia 8, E-28004 Madrid (tel. : 347 65 00 ; telex : 23427 SENPA ; fax : 521 98 32).
             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 by the date of issue of a
          removal order for the quantity of alcohol in question at the latest.