CELEX: 31996R2024
Language: en
Date: 1996-10-23 00:00:00
Title: COMMISSION REGULATION (EC) No 2024/96 of 23 October 1996 opening an individual sale by invitation to tender for vinous alcohol to be used in the motor fuel sector in Sweden

No L 271 /6          EN               Official Journal of the European Communities                               24 . 10 . 96
                                   COMMISSION REGULATION (EC) No 2024/96
                                                    of 23 October 1996
                 opening an individual sale by invitation to tender for vinous alcohol to be used
                                          in the motor fuel sector in Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     No 3813 /92 of 28 December 1992 on the unit of account
                                                                and the conversion rates to be applied for the purposes of
Having regard to the Treaty establishing the European           the common agricultural policy (4), as last amended by
Community,                                                      Regulation (EC) No 1 50/95 (^
                                                                Whereas Commission Regulation (EEC) No 2192/93 (6)
 Having regard to Council Regulation (EEC) No 3877/88           concerning the operative events for the agricultural
of 12 December 1988 laying down general rules for the           conversion rates used in the wine sector and amending
disposal of alcohol obtained from the distillation opera­       Regulation (EEC) No 377/93 specifies the agricultural
tions referred to in Articles 35, 36, and 39 of Regulation      conversion rates to be used to convert the payments and
(EEC) No 822/87 and held by intervention agencies ('),          securities provided for in connection with individual invi­
                                                                tations to tender into national currency,
Whereas Commission Regulation (EEC) No 377/93 (2), as
last amended by Regulation (EC) No 31 52/94 (3), lays           Whereas the measures provided for in this Regulation are
down detailed rules for the disposal of alcohol obtained        in accordance with the opinion of the Management
from the distillation operations referred to in Articles 35,    Committee for Wine,
36 and 39 of Regulation (EEC) No 822/87 and held by
intervention agencies;
                                                                HAS ADOPTED THIS REGULATION :
Whereas, in view of the cost of storing alcohol, individual
sales by invitation to tender should be opened for vinous
alcohol obtained from the distillation operation referred
to in Articles 35, 36 and 39 of Regulation (EEC) No                                       Article 1
 822/87 and held by the Italian intervention agency,
                                                                 1.   One individual sale by invitation to tender No
Whereas a second invitation to tender should be orga­           200/96 EC shall be held of a total quantity of 100 000
nized for the sale of vinous alcohol to Sweden with a view      hectolitres of alcohol obtained from the distillation opera­
to its end use as motor fuel in the public transport sector,    tion referred to in Articles 35, 36 and 39 of Regulation
given Sweden's insufficient capacity to produce alcohol         (EEC) No 822/ 87 and held by the Italian intervention
intended for use in the motor fuel sector;                      agency.
                                                                2. The alcohol offered for sale must be used only as
Whereas that use is unlikely to disturb traditional alcohol     motor fuel in the public transport sector in Sweden .
markets; whereas, in addition , vinous alcohol does not
replace synthetic alcohol in this case but alcohol obtained     3.    The alcohol must be denatured in Sweden in ac­
from renewable raw materials;
                                                                cordance with the specification adopted by the Swedish
                                                                authorities .
Whereas compliance with the stipulated destination and
end use of the alcohol will be guaranteed by the compe­
tent control authorities in the Member States, as laid                                    Article 2
down in Article 37 of Regulation (EEC) No 377/93, and
also by an international control company which will             The    location   and   reference    numbers  of   the    vats
verify correct performance of the tender, by denaturing         concerned, the quantity of alcohol contained in each vat,
the alcohol in accordance with the specifications of the        the alcoholic strength and the characteristics of the
Swedish authorities and by a financial security which will      alcohol as well as certain specific conditions are given in
be released as and when proof is supplied of the destina­       Annex I to this Regulation .
tion and use of a quantity of alcohol removed;
Whereas the tender prices expressed in ecus/hi, submitted                                 Article 3
under invitations to tender for vinous alcohol must take
account of any amendments made under the agri­                  1.    The sale shall take place in accordance with Articles
monetary system established by Council Regulation (EEC)          13 to 18 and 30 to 38 of Regulation (EEC) No 377/93 .
(') OJ No L 346, 15. 12. 1988, p. 7.                            (4) OJ No L 387, 31 . 12. 1992, p. 1 .
I1) OJ No L 43, 20. 2. 1993, p. 6.                              (0 OJ No L 22, 31 . 1 . 1995, p. 1 .
b) OJ No L 332, 22. 12. 1994, p. 34.                            h) OJ No L 196, 5. 8. 1993, p. 19.
 ---pagebreak---    24. 10 . 96            EN              Official Journal of the European Communities                             No L 271 /7
   2.    Notwithstanding Article 18 (6) of Regulation (EEC)              — or refuse to take over the lot in question .
   No 377/93 , utilization of the alcohol awarded must be
                                                                         In either case, the successful tenderer shall, the same
   completed within two years of the date of the first                   day, inform the intervention agency and the Commis­
   removal .
                                                                         sion thereof in accordance with Annex III .
                                                                         Once these formalities have been completed, if he has
                              Article 4                                  refused to take over the lot concerned, he shall be
                                                                         immediately released from all his obligations relating
   1 . The performance guarantee shall be ECU 36,23 per                  to that lot.
   hectolitre of alcohol at 100 % vol and shall be lodged for
   the total quantity offered for sale .                             2.    Where the successful tenderer refuses the merchan­
                                                                     dise, as provided for in paragraph 1 , the intervention
   2. The performance guarantee shall be released on                 agency shall supply him with another quantity of alcohol
  demand by the intervention agency concerned for the               of the requisite quality, at no extra charge, within eight
  quantity removed once proof is supplied of the destina­           days.
  tion and intended use of that quantity of alcohol
  removed, in accordance with Commission Regulation                 3.     If physical removal of the alcohol is delayed by
  (EEC) No 2220/85 (').                                             more than five working days in relation to the date of
                                                                    acceptance of the lot to be removed by the successful
                                                                    tenderer for reasons imputable to the intervention agency,
                              Article 5                             the Member State shall be responsible for the payment of
                                                                    compensation .
   1.    Before the awarded alcohol is removed, the interven­
  tion agency and the successful tenderer shall take a                                        Article 6
  reference sample and shall analyse that sample to verify
  the alcoholic strength expressed in % vol of the alcohol          Notwithstanding the first subparagraph of Article 36 (2) of
  in question .                                                     Regulation (EEC) No 377/93, the alcohol contained in
                                                                    the vats indicated in the communication from the
  Where the final results of the analysis of the sample show        Member States referred to in Article 36 of Regulation
  a difference between the alcoholic strength by volume of          (EEC) No 377/93 and covered by the invitation to tender
  the alcohol to be removed and the minimum alcoholic               referred to in Article 1 of this Regulation may be substi­
  strength by volume stated in the notice of invitation to          tuted by the intervention agency holding the alcohol
  tender, the following provisions shall apply:                     concerned in agreement with the Commission or mixed
   (i) the intervention agency shall, the same day, inform
                                                                    with other alcohol delivered to the intervention agency
       the Commission thereof in accordance with Annex II,
                                                                    until a removal order is issued for that alcohol, in par­
                                                                    ticular for logistical reasons .
       as well as the storer and the successful tenderer;
 (ii) the successful tenderer may:                                                            Article 7
       — either agree to take over the lot with its charac­         This Regulation shall enter into force on the day of its
           teristics as established, subject to the Commis­         publication in the Official Journal of the European
           sion 's agreement,                                       Communities.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 23 October 1996.
                                                                              For the Commission
                                                                                Franz FISCHLER
                                                                          Member of the Commission
(') OJ No L 205, 3. 8 . 1985, p. 5.
 ---pagebreak--- No L 271 /8     PEN                  Official Journal of the European Communities                                  24. 10 . 96
                                                        ANNEX I
                               INDIVIDUAL INVITATION TO TENDER No 200/96 EC
                     I. Place of storage, volume and characteristics of the alcohol offered for sale
                                                                                          Reference to
                                                                            Volume in
                                                               Reference                   Regulation
  Member State                      Location
                                                             number of vat
                                                                           hectolitres of
                                                                                             (EEC)        Type of alcohol
                                                                           pure alcohol    No 822/ 87
ITALY          Bonollo SpA Torrita di Siena (SI)                                 1 200         35      Raw alcohol
               Bonollo SpA Anagni-Paduni (FR)                                    6 500         35      Raw alcohol
               Caviro Seri Faenza (RA)                                           5 000         35      Raw alcohol
               Caviro Seri Forti (FO)                                            1 600         35      Raw alcohol
               D'Auria SpA Ordona-Caldari (CH)                                  2 000          35      Raw alcohol
               Del Salento SpA Castel S. Giorgio (SA)                            1 000         35      Raw alcohol
               Del Sud SpA Rutigliano                                              900         35      Raw alcohol
               Deta Srl Barberino Val D'Elsa (FI)                                  500         35      Raw alcohol
               Di Lorenzo G. Srl Pontevalleceppi (PG)                           3 600          35      Raw alcohol
               Di Trani SpA-S. Giovanni Russo (SA)                                 900         35      Raw alcohol
               Di Trani SpA Foggia ( FG)                                           600         35      Raw alcohol
               DI.CO.VI.SA Seri Grogastu (CA)                                    1 000        35       Raw alcohol
               D.C.A. SpA Fiducuano Ascoli-Piceno                                  550        35       Raw alcohol
               Enodistil SpA Alcamo-Scampati (PA)                               2 700         35       Raw alcohol
               F.lli Balice Sne Valenzano (BA)                                   1 000        35       Raw alcohol
               F.lli Cipriani SpA Chizzola Di Ala (TN)                          1 200         35       Raw alcohol
               Ge.Dis SpA Marsala-C. da Bartolotta                              1 500         35       Raw alcohol
               Giacomo De Luca Sas-Novoli (LE)                                  1 500         35       Raw alcohol
               Inga Scrl-Serravalle Serivia (AL)                                1 000         35       Raw alcohol
               Kronion Scrl-Fiduc . di Sciacca (PA)                             1 500         35       Raw alcohol
               Mazzari SpA-S. Agata sul Santreno (RA)                          2 000          35       Raw alcohol
               Neri Sri-Faenza (RA)                                            3 000          35       Raw alcohol
               SVA SpA-Ortona (CH)-S. Leonardo                                  1 000         35       Raw alcohol
               Tampieri SpA-Faenza (RA)                                         1 000         35       Raw alcohol
               Villapana SpA-Faenza (RA)                                       3 000          35       Raw alcohol
               Vinum SpA-Petrosino (TP)                                            600        35       Raw alcohol
               Vinum SpA-Marsala (TP)                                              600        35       Raw alcohol
               Bonollo SpA-Agnani-Paduni (FR)                                  1 200          36       Raw alcohol
               Del Sud SpA-Rutigliano (BA)                                     1 650          36       Raw alcohol
               Mazzari SpA-St. agata sul Santreno (RA)                         2 650          36       Raw alcohol
 ---pagebreak--- 24. 10 . 96            EN                  Official Journal of the European Communities                                     No L 271 /9
                                                                                                      Reference to
                                                                                        Volume in
                                                                           Reference                   Regulation
  Member State                           Location                                      hectolitres of                  Type of alcohol
                                                                         number of vat                   (EEC)
                                                                                       pure alcohol    No 822/ 87
                    Bonollo SpA-Anagni-Paduni (FR)                                          4 700          39      Raw alcohol
                    Bonollo Umberto SpA-Mestrino (PD)                                       1 550          39      Raw alcohol
                    Caviro scrl-Ordona ( FG)                                                4 000          39      Raw alcohol
                    Di Trani SpA-Palo del Colle (BA)                                           600         39      Raw alcohol
                    Di Trani SpA-Foggia (FG)                                                   600         39      Raw alcohol
                    Dister. Coop. Scrl-Imola (BO)                                           1 400          39      Raw alcohol
                    Enodistil SpA-Alcamo Scampati (PA)                                      2 400          39      Raw alcohol
                    F. Ili Cipriani SpA-Chizzola di Ala (TN)                                1 000          39      Raw alcohol
                    GE.Dis SpA Marsala-C. da Bartolotta                                     1 500          39      Raw alcohol
                    I.C.V. SpA-Mag. Fid.N.96                                                1 500          39      Raw alcohol
                    Kronion Scrl-Fiduc. di Sciacca (PA)                                        800         39      Raw alcohol
                    Mazzari SpA-S. Agata sul Santreno (RA)                                  3 000          39      Raw alcohol
                    Neri Sri-Faenza (RA)                                                    2 000          39      Raw alcohol
                    Saig SpA-Giulianova                                                     2 500          39      Raw alcohol
                    Bertolino SpA-Partinico (PA)                                          20 000           35      neutral
                                                             TOTAL                       100 000
             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 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 used exclusively as motor fuel in the public transport sector in Sweden.
             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 100 000 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 European Commission, Rue de la Loi/Wetstraat 200, B-1049 Brus­
                      sels, or
                  — be submitted at the reception of the Loi 120 building of the European Commission , Rue de la Loi/
                      Wetstraat 130 , B-1049 Brussels, between 1 1 a.m . and 12 noon on the date mentioned in point 4.
 ---pagebreak--- No L 271 / 10        EN                  Official Journal of the European Communities                                          24 . 10 . 96
            3 . Tenders must be enclosed in a sealed envelope marked Tender for individual sale No 200/96 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 12. 11 . 1996.
            5 . Tenders must state the name and address of the tenderer and must:
                (a) include a reference to individual sale by tender No 200/96 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.
            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 Roma (tel.: 47 49 91 ; telex: 62 03 31 , 62 02 52, 61 30 03; fax: 445 39 40,
                    495 39 40).
                This security must correspond to a sum of ECU 3,622 per hectolitre of alcohol at 100 % vol.
 ---pagebreak--- 24. 10 . 96        EN                 Official Journal of the European Communities                           No L 271 / 11
                                                          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 2024/96
            — 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          in hectolitres     of alcohol                          take over