CELEX: 31993R0245
Language: en
Date: 1993-02-05 00:00:00
Title: Commission Regulation (EEC) No 245/93 of 4 February 1993 opening individual sales by invitation to tender for the export of vinous alcohol held by intervention agencies

5. 2. 93                                 Official Journal of the European Communities                              No L 28/27
                                      COMMISSION REGULATION (EEC) No 245/93
                                                       of 4 February 1993
                 opening individual sales by invitation to tender for the export of vinous alcohol
                                                 held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         from the difference in distance and the possibilites of
                                                                    securing onward or return freight in the countries
Having regard to the Treaty establishing the European               concerned by the countries concerned by the Caribbean
                                                                    Basin Initiative ;
Economic Community,
                                                                    Whereas, to simplify the tender procedure, the location
Having regard to Council Regulation (EEC) No 822/87 of              and characteristics of the wine placed on sale as well as
16 March 1987 on the common organization of the                     certain specific conditions figuring previously in a sepa­
market in wine ('), as last amended by Regulation (EEC)             rate notice should henceforth be mentioned in the Annex
No 1756/92 (2),                                                     to the Regulation on tendering ;
Having regard to Council Regulation (EEC) No 3877/88                Whereas Regulation (EEC) No 3821 /92 provides for the
of 12 December 1988 laying down general rules for the               use of the agricultural conversion rate in force on the day
disposal of alcohol obtained from the distillation opera­           before the date of publication of the notice of invitation
tions referred to in Articles 35, 36 and 39 of Regulation           to tender for converting the payments and guarantees
                                                                    concerned into national currencies ; whereas as a result of
(EEC) No 822/87 and held by intervention agencies (3),
                                                                    the insertion of this notice into the Annex to the Regula­
                                                                    tion on tendering the agricultural conversion rate to be
Whereas Commission Regulation (EEC) No 1780/89 (4),                 used is that in force on the day before the publication of
as last amended by Regulation (EEC) No 3821 /92 (% lays             the said Regulation ;
down detailed rules for the disposal of alcohol obtained
from distillation as provided for in Articles 35, 36 and 39         Whereas the measures provided for in this Regulation are
of Regulation (EEC) No 822/87 and held by intervention              in accordance with the opinion of the Management
agencies ;                                                          Committee for Wine,
Whereas, in view of the cost of storing alcohol, individual
sales by invitation to tender should be opened for vinous           HAS ADOPTED THIS REGULATION :
alcohol obtained from distillation as provided for in
Articles 35, 36 and 39 of Regulation (EEC) No 822/87
and held by the Spanish and Italian intervention agen­
cies ;                                                                                        Article 1
                                                                    1 . Two individual sales by invitation to tender Nos
Whereas individual sales by invitation to tender should be          90/93 to 91 /93 shall be held of a total quantity of 250 000
organized for the export of alcohol to certain third coun­          hi of alcohol obtained from distillation as provided for in
tries for end use as motor fuel ; whereas these countries           Articles 35, 36 and 39 of Regulation (EEC) No 822/87
should be given an assurance of greater continuity of               and held by the Italian and Spanish intervention agencies.
supply ;
                                                                    Each of the individual invitations to tender Nos 90/93
Whereas the invitations to tender opened by this Regula­            and 91 /93 shall cover 125 000 hi of alcohol at 100 % vol.
tion relate to certain third countries where there is some
guarantee that exports of vinous alcohol will not disturb           2.    The alcohol offered for sale :
their markets in alcohol and spirituous beverages ;
whereas the amount of and detailed rules for the release           — shall be for export to outside the European Economic
of the performance security may be adapted accordingly ;                Community,
                                                                   — must be imported into and dehydrated in one of the
Whereas sales should be organized separately for dispatch               following third countries :
to certain countries in Central America and to Caribbean
                                                                        — Guatemala,
countries covered by the Caribbean Basin Initiative, in
particular to take account of certain extra costs resulting             — Belize,
                                                                        — Honduras, including the Swan Islands,
(') OJ  No  L 84, 27. 3. 1987, p. 1 .                                   — El Salvador,
0   OJ  No  L 180, 1 . 7. 1992, p. 27.
0   OJ  No  L 346, 15. 12. 1988, p. 7.                                  — Costa Rica,
0   OJ  No  L 178, 24. 6. 1989, p. 1 .
0   OJ  No  L 387, 31 . 12. 1992, p. 24.                            — must be used only as motor fuel.
 ---pagebreak--- No L 28 /28                            Official Journal of the European Communities                                 5. 2. 93
                            Article 2                            place and must include an undertaking by the tenderer to
                                                                 the effect that the alcohol will be sent to that destination
The    location   and     reference  numbers    of the  vats
                                                                 and used for that purpose. Tenders must also include a
concerned, the quantity of alcohol contained in each vat,        statement by the tenderer to the effect that he has
the alcoholic strength and the characteristics of the            binding commitments with an operator in the motor fuel
alcohol as well as certain specific conditions are given in      sector in one of the third countries listed in Article 1 (2)
the Annex hereto.
                                                                 who has undertaken to dehydrate the alcohol awarded in
                                                                 one of these countries and to export it for use solely in
                            Article 3                            the motor fuel sector.
The sales shall take place in accordance with Regulation
(EEC) No 1780/89, and in particular Articles 10 to 17 and
29 to 38 thereof.
                                                                                          Article 4
However :
— one half of the performance security shall be released         Notwithstanding Article 14 of Regulation (EEC)
    by the intervention agency holding the alcohol on            No 1780/89, the closing date for the submission of
    removal of the quantity concerned from the agency's          tenders shall be the tenth day following the date of publi­
    stores when the successful tenderer furnishes proof          cation of this Regulation.
    that that quantity has been placed under customs
    supervision in the territory of one of the third coun­
    tries listed in Article 1 (2),
— the remainder of the performance security shall be                                      Article 5
    released in accordance with Article 33 (3) (b) of Regu­
    lation (EEC) No 1780/89.
                                                                 This Regulation shall enter into force on the day of its
In addition, to be admissible, tenders must indicate the         publication in the Official Journal of the European
place where end use of the alcohol awarded is to take             Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 4 February 1993.
                                                                           For the Commission
                                                                             Ren£ STEICHEN
                                                                      Member of the Commission
 ---pagebreak--- 5. 2. 93                              Official Journal of the European Communities                                         No L 28/29
                                                               ANNEX
                                INDIVIDUAL INVITATION TO TENDER No 90/93 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 . ITALY           Orbat                                          2 000          36       Of good flavour
                              Flli Russo
                              S. Venerina                                    4 000          35       Neutral alcohol
                              Villapana
                              Faenza                                         2 000          35       Of good flavour
                              Tampieri
                              Faenza                                         4 000          35       Of good flavour
                              Canallese Bocchiro
                              Calamandrana                                   2 000          35       Raw alcohol
                              Vinal
                              S. Giulietta                                   3 000          35       Raw alcohol
                              Cipriani
                              Chizzola Ala                                   3 000          35       Raw alcohol
                              Trentine di Lorenzo
                              Mizzocoroma                                    2 000          35       Raw alcohol
                              Dist. Lemans
                              Ponte di Piave                                 3 000          36       Raw alcohol
                              Bonollo Umberto
                              Conselve                                       2 500          35       Raw alcohol
                              Bonollo Spa
                              Formigine                                    35 000           36       Raw alcohol
                                              Total                        62 500
         2. SPAIN             Villarrobledo                     1          43 294       35 + 36      Neutral alcohol
                              Tomelloso                        2             9 243      35 + 36      Raw alcohol
                             Tomelloso                         3            9 963       35 + 36      Raw alcohol
                                              Total                        62 500
                                       Grand total                        125 000
         Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
         per litre or the equivalent thereof in Italian lire or Spanish pesetas, obtain samples of the alcohol offered for
         sale. Such samples shall be taken by a representative of the intervention agency concerned.
 ---pagebreak--- No L 28/30                              Official Journal of the European Communities                                        5. 2. 93
                                              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 1 (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 1 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 1 1 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 90/93 EC (alcohol),
               DG VI-E-3 — 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 15 February 1993.
           5. Tenders must state the name and address of the tenderer and must :
               (a) include a reference to individual sale by tender No 90/93 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 30 of Regulation (EEC) No 1780/89
                   and the final destination of the alcohol awarded, and the statement referring to the engagement of an
                   operator for dehydration and use solely in the motor fuel sector provided for in Article 3 of this Regu­
                    lation .
           6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
               intervention agencies in respect of the quantities of alcohol which concern them :
               — SENPA, Beneficiencia 8, E-28004 Madrid (tel. : 347 65 00 ; telex : 23427 SENPA ; telefax : 521 98 32),
               — AIMA, Via Palestre» 81 , 1-00185 Roma (tel. : 47 49 91 ; telex : 62 03 31 , 62 02 52, 61 30 03 ; telefax :
                   445 39 40, 495 39 40).
               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 20 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.
 ---pagebreak--- 5 . 2. 93                           Official Journal of the European Communities                               No L 28/31
                              INDIVIDUAL INVITATION TO TENDER No 91/93 EC
                   I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                Reference to
                                                                  Volume in
              Member State          Location
                                                     Reference
                                                                 hectolitres of  Regulation    Type of alcohol
                                                   number of vat                   (EEC)
                                                                 pure alcohol    No 822/87
          1 . ITALY         DCA Spa
                            Ascoli Piceno                             2 000          35      Neutral alcohol
                            Sachitto Santino
                            Lagmasco                                  2 000          35      Neutral alcohol
                            Del Sud
                            Rustigliano                               3 000          35      Neutral alcohol
                            Del Salento
                            Nocera Superiore                          5 000          35      Neutral alcohol
                            Caviro Coorp.
                            Faenza                                    2 300      36 + 39     Raw alcohol
                            Neri SRL
                            Faenza                                  25 000           35      Raw alcohol
                            Dist. Emiliane
                            Ferrara                                   4 500          35      Raw alcohol
                            Lav. Vinacce
                            Modena                                    2 000          35      Raw alcohol
                            Mazzari
                            Faenza                                    5 000          35      Raw alcohol
                            Flli Banci
                            Pistoia                                   1 100          35      Raw alcohol
                            Inga
                            Serravalle Scrivia                        2 000          35      Raw alcohol
                            D'Auria
                            Ortona                                    5 000      35 + 36     Raw alcohol
                            CVA
                            Ortona                                    2 000          35      Raw alcohol
                            Saig
                            Giulianova                                1 000          39      Raw alcohol
                            Del Salento
                            Nocera Superiore                            600          39      Raw alcohol
                                            Total                   62 500
          2. SPAIN          Tomelloso                    3            8 645     35 + 36      Raw alcohol
                            Tomelloso                   4           18 447      35 + 36      Raw alcohol
                            Tarancón                   E-l          26 135      35 + 36      Raw alcohol
                            Taranc6n                   E-10          9 273          39       Raw alcohol
                                            Total                   62 500
                                    Grand Total                    125 000
 ---pagebreak--- No L 28/32                              Official Journal of the European Communities                                         5. 2. 93
           Any interested party may, on application to the intervention agency concerned and on payment of ECU 2
           per litre or the equivalent thereof in Italian lire or 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 one of the non-member countries listed in Article 1 (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 1 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 91 /93 EC (alcohol),
               DG VI-E-3 — 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 15 February 1993.
           5. Tenders must state the name and address of the tenderer and must :
               (a) include a reference to individual sale by tender No 91 /93/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 30 of Regulation (EEC) No 1780/89
                   and the final destination of the alcohol awarded, and the statement referring to the engagement of an
                   operator for dehydration and use solely in the motor fuel sector provided for in Article 3 of this Regu­
                   lation .
           6. Each tender must be accompanied by attestations of the lodging of a tendering security, issued by the
               intervention agencies in respect of the quantities of alcohol which concern them :
               — SENPA, Beneficiencia 8, E-28004 Madrid (tel. : 347 65 00 ; telex : 23427 SENPA ; telefax : 521 98 32).
               — AIMA, Via Palestra 81 , 1-00185 Roma (tel. : 47 49 91 ; telex : 62 03 31 , 62 02 52, 61 30 03 ; telefax :
                   445 39 40, 495 39 40).
               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 20 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.