CELEX: 31996R2049
Language: en
Date: 1996-10-25 00:00:00
Title: COMMISSION REGULATION (EC) No 2049/96 of 25 October 1996 opening individual invitations to tender for the sale for export of alcohol of vinous origin

No L 274/ 10          EN                  Official Journal of the European Communities                                 26 . 10 . 96
                                     COMMISSION REGULATION (EC) No 2049/96
                                                        of 25 October 1996
                  opening individual invitations to tender for the sale for 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 (EC) No                                      Article 1
 1592/96 (2),
                                                                     Three sales by individual invitation to tender Nos 211 /96
                                                                     EC, 212/96 EC and 213/96 EC shall be held for a total
Having regard to Council Regulation (EEC) No 3877/88                 quantity of 150 000 hectolitres of alcohol obtained from
of 12 December 1988 laying down general rules for the                distillation as provided for in Articles 35, 36 and 39 of
disposal of alcohol obtained from the distillation opera­            Regulation (EEC) No 822/87 and held by the Italian and
tions referred to in Articles 35, 36 and 39 of Regulation            Spanish intervention agencies.
(EEC) No 822/87 and held by intervention agencies (3),
                                                                     Individual invitations to tender Nos 211 /96 EC, 212/96
                                                                     EC and 213/96 EC shall cover a quantity of 50 000 hecto­
Whereas Commission Regulation (EEC) No 377/93 (4), as                litres of alcohol at 100 % vol each .
last amended by Regulation (EC) No 31 52/94 (*), lays
down detailed rules for the disposal of alcohol obtained
from distillation as provided for in Articles 35, 36 and 39                                    Article 2
of Regulation (EEC) No 822/87 and held by intervention
agencies',                                                           The alcohol offered for sale :
                                                                     — shall be for export outside the European Community,
Whereas     individual   invitations   to  tender    should   be
opened for the export of vinous alcohol to certain Carib­            — must be imported into and dehydrated in Costa Rica
bean and Central American countries so as to guarantee                    in the case of individual invitation to tender No
continuity of supplies to those countries and reduce the                  211 /96 EC, in El Salvador in the case of individual
Community stock of vinous alcohol;                                        invitation to tender No 212/96 EC and in Jamaica in
                                                                          the case of individual invitation to tender No 213/96
                                                                          EC,
Whereas a specific security should be provided for to
ensure that the alcohol is actually exported from the                — must be used only as motor fuel .
customs territory of the Community and any failure to
comply with the date laid down for export should be                                            Article 3
progressively penalized; whereas the security must be
separate from the performance guarantee ensuring in                  The     location   and  reference   numbers    of  the     vats
particular that the alcohol is removed from storage and              concerned, the quantity of alcohol contained in each vat,
the alcohol awarded is used for the purposes laid down;              the alcoholic strength and the characteristics of the
                                                                     alcohol as well as certain specific conditions shall be as
                                                                     set out in Annex I hereto.
Whereas Commission Regulation (EEC) No 2192/93 (6),
concerning certain operative events for the agricultural
conversion rates used in the wine sector and amending in                                       Article 4
particular Regulation (EEC) No 377/93, specifies the agri­
cultural conversion rates to be used to convert payments             The sales shall take place in accordance with Articles 13
and securities provided for in connection with individual            to 18 and 30 to 38 of Regulation (EEC) No 377/93 .
invitations to tender into national currency;
                                                                     However, notwithstanding Article 1 5 of Regulation (EEC)
(') OJ No L 84, 27. 3. 1987, p. 1 .                                  No 377/93, the closing date for the submission of tenders
(*J OJ No L 206, 16. 8. 1996, p. 31 .                                for the invitations to tender covered by this Regulation,
(3) OJ  No  L 346, 15. 12. 1988, p. 7.                               shall fall between the eighth and the 25th day following
 4  OJ  No  L 43, 20. 2. 1993, p. 6.
n   OJ  No  L 332, 22. 12. 1994, p. 34.                              the date of publication of the individual invitations to
(6) OJ No   L 196, 5. 8. 1993, p. 19.                                tender.
 ---pagebreak---  26. 10 . 96          EN               Official Journal of the European Communities                             No L 274/ 11
                           Article 5                              tation to tender in question in the case of the security to
                                                                  ensure export, expressed in ecus per hectolitre at 100 %
 1.    The tendering security referred to in Article 15 of        vol .
 Regulation (EEC) No 377/93 shall be ECU 3,622 per
 hectolitre of alcohol at 100 % vol and shall be lodged for
 the total quantity of alcohol offered for sale under each                                  Article 6
 invitation to tender referred to in Article 1 .
                                                                  1.     The alcohol awarded under the invitations to tender
 Maintenance of the tender after the closing date for the
 submission tenders and the provision of a security to            referred to in Article 1 shall be exported by 30 June 1997
                                                                  at the latest.
 ensure export and of a performance guarantee shall
 constitute the primary requirements within the meaning
 of Article 20 of Commission Regulation (EEC) No                  2.     The alcohol awarded shall be used within two years
                                                                 of the date of first removal .
 2220/85 (') as regards the tendering security.
 The tendering security lodged for each invitation to
 tender referred to in Article 1 shall be released immedi­                                  Article 7
 ately if the tender is not accepted or if the successful
 tenderer had lodged the full security to ensure export and      To be admissible, tenders must indicate the place where
 the entire performance guarantee for the invitation to          end use of the alcohol awarded is to take place and must
 tender in question.                                             include an undertaking by the tenderer to the effect that
                                                                 the alcohol will be sent to that destination and used for
 2. The security to ensure export shall amount to ECU            that purpose. The tender shall also include proof that the
 5 per hectolitre of alcohol at 100 % vol and shall be           tenderer has binding commitments with an operator in
 lodged for each quantity of alcohol covered by a removal        the motor-fuel sector in one of the third countries listed
order under each invitation to tender referred to in Article
                                                                 in Article 2 who has undertaken to dehydrate the alcohol
 1.
                                                                 awarded in one of those countries and to export it for use
                                                                 solely as motor fuel.
The security shall be released only by the intervention
agency holding the alcohol for each quantity of alcohol
 for which proof has been furnished that it has been                                        Article 8
exported within the time limit laid down in Article 6.
 Notwithstanding Article 23 of Regulation (EEC) No                1.     Before the alcohol awarded is removed, the interven­
2220/85, and except in cases of force majeure, where the         tion agency and the successful tenderer shall take a
time limit laid down in Article 6 has not been complied          reference sample and shall analyse that sample to verify
with, the security to ensure export of ECU 5 per hecto­          the alcoholic strength by volume (% vol) of the alcohol in
litre of alcohol at 100 % vol shall be forfeit as follows :      question .
(a) 15 % in all cases;                                           Where the final results of the analysis of the sample show
                                                                 a difference between the alcoholic strength by volume of
(b) 0,33 % of the amount remaining after deduction of            the alcohol to be removed and the minimum alcoholic
     the 15 % , for each day the time limit in question is       strength by volume stated in the notice of invitation to
     exceeded.
                                                                 tender, the following provisions shall apply:
3.     The performance guarantee shall be ECU 25 per              (i) the intervention agency shall, the same day, inform
hectolitre of alcohol at 100 % vol .                                   the Commission thereof in accordance with Annex II,
                                                                       as well as the storer and the successful tenderer,
The guarantee shall be released in accordance with Article
34 (3) (b) of Regulation (EEC) No 377/93 .                       (ii) the successful tenderer may:
4. Notwithstanding Article 17 of Regulation (EEC) No                  — agree to take over the lot with its characteristics as
377/93, the security covering export and the performance                   established, subject to the Commission's agree­
                                                                           ment, or
guarantee shall be lodged simultaneously with each inter­
vention agency concerned, for each invitation to tender               — refuse to take over the lot in question.
referred to in Article 1 of this Regulation not later than
the day of issue of a removal order for the quantity of          In either case, the successful tenderer shall, the same day,
alcohol concerned.                                               inform the intervention agency and the Commission
                                                                 thereof in accordance with Annex III .
5. The agricultural conversion rate to be applied for
conversion into national currency shall be that in force on      Once these formalities have been completed, if he has
the closing date for the submission of tenders for the invi­     refused to take over the lot concerned, he shall be im­
                                                                 mediately released from all his obligations relating to that
(') OJ No L 205, 3. 8 . 1985, p. 5.                              lot.
 ---pagebreak--- No L 274/ 12          EN             Official Journal of the European Communities                                    26 . 10 . 96
2.     Where the successful tenderer refuses the merchan­        Member States referred to in Article 36 of Regulation
dise, in accordance with paragraph 1 , the intervention          (EEC) No 377/93 and covered by the invitation to tender
agency shall supply him with another quantity of alcohol         referred to in Article 1 of this Regulation may be
of the requisite quality, at no extra charge, within a           remplaced by alcohol of the same type by the interven­
maximum of eight days.                                           tion agencies holding the alcohol concerned in agreement
                                                                 with the Commission, or mixed with other alcohol deli­
3.     If physical removal of the alcohol is delayed by          vered to the intervention agency until a removal order is
more than five working days in from the date of accep­           issued for that alcohol, in particular for logistical reasons.
tance of the lot to be removed by the successful tenderer
for reasons attributable to the intervention agency, the
Member State shall be liable for payment of compensa­
tion .
                                                                                           Article 10
                          Article 9
Notwithstanding the first subparagraph of Article 36 (2) of      This Regulation shall enter into force on the day of its
Regulation (EEC) No 377/93, the alcohol contained in             publication in the Official Journal of the European
the vats indicated in the communication from the                 Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 25 October 1996.
                                                                          For the Commission
                                                                             Franz FISCHLER
                                                                      Member of the Commission
 ---pagebreak--- 26. 10 . 96            EN                 Official Journal of the European Communities                                      No L 274/ 13
                                                                ANNEX I
                                    INDIVIDUAL INVITATION TO TENDER No 211 /96 EC
                         I. Place of storage, quantity and characteristics of the alcohol offered for sale
                                                                                             Reference to
                                                                              Quantity in
                Member State                 Location
                                                                  Reference
                                                                              hectolitres of  Regulation    Type of alcohol
                                                                number of vat                   (EEC)
                                                                              pure alcohol    No 822/87
            SPAIN                 Villarrobledo                      15          34 541       35 + 36      Raw alcohol
                                  Villarrobledo                      17          15 459           39       Raw alcohol
                                                      Total                      50 000
            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 Spanish pesetas, obtain samples of the alcohol offered for sale.
            Such samples are to 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
            dehydrated in one of the third countries listed in Article 2 of this Regulation for use exclusively as motor
            fuel .
            Evidence relating to the destination and use of the alcohol is to be obtained by an international inspection
            body 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 are to be submitted for 50 000 hectolitres of alcohol, expressed in hectolitres of alcohol at 100 %
                vol .
                Tenders 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 submitted at the reception of the Loi 130 building of the Commission of the European Communi­
                      ties, 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 sealed envelope marked Tender for individual sale No 211 /96 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 8 November 1996.
            5. Tenders must state the name and address of the tenderer and must:
                (a) include a reference to individual sale by tender No 211 /96 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 an undertaking with an
                      operator covering 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:
                — FEGA, Beneficencia 8, E-28004 Madrid (tel. 347 65 00, telex: 23427 FEGA, fax: 521 98 32).
                The security must amount to ECU 3,622 per hectolitre of alcohol at 100 % vol.
 ---pagebreak--- No L 274/ 14             EN                   Official Journal of the European Communities                                       26 . 10 . 96
                                       INDIVIDUAL INVITATION TO TENDER No 212/96 EC
                          I. Place of storage, quantity and characteristics of the alcohol offered for sale
                                                                                                        Reference to
                                                                            Reference     Quantity in
  Member State                              Location                                     hectolitres of  Regulation      Type of alcohol
                                                                          number of vat                    (EEC)
                                                                                         pure alcohol    No 822/ 87
ITALY                Bertolino SpA — Partinico (PA)                                         10 000           35      Raw alcohol
                     Bonollo SpA — Formigine (MO)                                           15 000           36      Raw alcohol
                     I.C.V. SpA — Borgoricco (PD)                                            5 000           39      Raw alcohol
                     F.lli Cipriani SpA — Chizzola d'Ala (TN)                                7 500           35      Raw alcohol
                     Villapana SpA — Faenza (RA)                                             7 500           35      Raw alcohol
                     Ge.Dis. SpA — Marsala                                                   5 000           39      Raw alcohol
                                                                  Total                     50 000
             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, obtain samples of the alcohol offered for sale.
             Such samples are to 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
             dehydrated in one of the third countries listed in Article 2 of this Regulation for use exclusively as motor
             fuel .
             Evidence relating to the destination and use of the alcohol is to be obtained by an international inspection
             body 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 are to be submitted for 50 000 hectolitres of alcohol, expressed in hectolitres of alcohol at 100 %
                  vol .
                  Tenders 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 submitted at the reception of the Loi 130 building of the Commission of the European Com­
                        munities, 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 sealed envelope marked Tender for individual sale No 212/96 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 8 November 1996.
             5. Tenders must state the name and address of the tenderer and must:
                  (a) include a reference to individual sale by tender No 212/96 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 an undertaking with an operator
                        covering 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:
                  — AIMA, Via Palestro 81 , 1-00185 Rome (tel. 47 49 91 ; telex 62 03 31 , 62 02 52, 61 30 03; fax 445 39 40,
                        495 39 40).
                  The security must amount to ECU 3,622 per hectolitre of alcohol at 100 % vol.
 ---pagebreak--- 26. 10 . 96               EN                Official Journal of the European Communities                                      No L 274/ 15
                                       INDIVIDUAL INVITATION TO TENDER No 213 /96 EC
                           I. Place of storage, quantity and characteristics of the alcohol offered for sale
                                                                                                       Reference to
                                                                            Reference    Quantity in    Regulation
  Member State                             Location                                     hectolitres of                    Type of alcohol
                                                                          number of vat                   (EEC)
                                                                                        pure alcohol    No 822/87
ITALY                Enodistil SpA — Alcamo (TP)                                            5 000           35       Raw alcohol
                     Dist. Centro Adriatico Ascoli Piceno (AP)                              7 500           35       Raw alcohol
                     Caviro Seri — Faenza (RA)                                              7 500           35       Raw alcohol
                     Balice Sno — Valenzano (BA)                                            5 000           36       Raw alcohol
                     Caviro Seri — Faenza (RA)                                              5 000           36       Raw alcohol
                     Di Trani SpA — Trani (BA)                                             10 000           39       Raw alcohol
                     Kronion Seri — Agrigento (AG)                                          5 000           39       Raw alcohol
                     Distercoop Seri — Faenza (RA)                                          5 000           39       Raw alcohol
                                                                  Total                    50 000
              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, obtain samples of the alcohol offered for sale.
              Such samples are to 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 third countries listed in Article 2 of this Regulation for use exclusively as motor fuel.
              Evidence relating to the destination and use of the alcohol is to be obtained by an international inspection
              body 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 are to be submitted for 50 000 hectolitres of alcohol, expressed in hectolitres of alcohol at 100 %
                   vol .
                   Tenders 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 submitted at the reception of the Loi 130 building of the Commission of the European Com­
                         munities, 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 sealed envelope marked 'Tender for individual sale No 213/96 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 8 November 1996.
              5. Tenders must state the name and address of the tenderer and must:
                   (a) include a reference to individual sale by tender No 213/96 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 an undertaking with an
                         operator covering 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:
                   — AIMA, Via Palestro 81 , 1-00185 Rome (tel. 47 49 91 ; telex 62 03 31 , 62 02 52, 61 30 03; fax 445 39 40,
                         495 39 40).
                   The security must amount to ECU 3,622 per hectolitre of alcohol at 100 % vol.
 ---pagebreak--- No L 274/ 16      EN                 Official Journal of the European Communities                           26. 10 . 96
                                                         ANNEX II
           The only telex and fax numbers in Brussels to be used are:
           DG VI (E-2) (Attention Mr Chiappone/Mr Van der Stappen)
           — telex:            22037 AGREC B,
                               22070 AGREC B (Greek alphabet),
           — fax:              (32 2) 295 92 52.
                                                         ANNEX III
           Notification of refusal or acceptance of lots under the individual invitation to tender for the
                          export of vinous alcohol opened by Regulation (EC) No 2049/96
           — 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           (hectolitres)     of alcohol                          take over