31993R0246

CELEX: 31993R0246
Datum: 1993-02-05
Källa: eur-lex.europa.eu

5 . 2. 93 Official Journal of the European Communities No L 28/33

COMMISSION REGULATION (EEC) No 246/93 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, concerned by the countries concerned by the Caribbean Basin Initiative ; Having regard to the Treaty establishing the European Economic Community, Whereas, to simplify the tender procedure, the location and characteristics of the wine placed on sale as well as certain specific conditions figuring previously in a Having regard to Council Regulation (EEC) No 822/87 of separate notice should henceforth be mentioned in the 16 March 1987 on the common organization of the Annex to the Regulation on tendering ; market in wine ('), as last amended by Regulation (EEC) No 1756/92 (2), Whereas Commission Regulation (EEC) No 3821 /92 provides for the use of the agricultural conversion rate in Having regard to Council Regulation (EEC) No 3877/88 force on the day before the date of publication of the of 12 December 1988 laying down general rules for the notice of invitation to tender for converting the payments disposal of alcohol obtained from the distillation and guarantees concerned into national currencies ; operations referred to in Articles 35, 36 and 39 of whereas as a result of the insertion of this notice into the Regulation (EEC) No 822/87 and held by intervention Annex to the Regulation on tendering the agricultural agencies (3), conversion rate to be used is that in force on the day before the publication of the said Regulation ; Whereas Commission Regulation (EEC) No 1 780/89 (4), as last amended by Regulation (EEC) No 3821 /92 (*), 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 distillation as provided for in Articles 35, 36 and 39 Committee for Wine, of Regulation (EEC) No 822/87 and held by intervention agencies *,

Whereas, in view of the cost of storing alcohol, individual HAS ADOPTED THIS REGULATION : sales by invitation to tender should be opened for vinous alcohol obtained from distillation as provided for in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 Article 1 and held by the French and Italian intervention agencies ;

1. Two individual sales by invitation to tender Nos Whereas individual sales by invitation to tender should be 92/93 to 93/93 shall be held of a total quantity of 250 000 organized for the export of alcohol to certain third hi of alcohol obtained from distillation as provided for in countries for end use as motor fuel ; whereas these Articles 35, 36 and 39 of Regulation (EEC) No 822/87 countries should be given an assurance of greater and held by the Italian and French intervention agencies. continuity of supply ; Each of the individual invitations to tender Nos 92/93 Whereas the invitations to tender opened by this and 93/93 shall cover 125 000 hi of alcohol at 100 % vol. Regulation relate to certain third countries where there is some guarantee that exports of vinous alcohol will not 2. The alcohol offered for sale : disturb 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 to certain countries in Central America and to Caribbean following third countries : countries covered by the Caribbean Basin Initiative, in — St Christopher and Nevis, particular to take account of certain extra costs resulting — Haiti, from the difference in distance and the possibilities of securing onward or return freight in the countries — Bahamas, — Dominican Republic, (') OJ No L 84, 27. 3. 1987, p. 1 . — Antigua and Barbuda, (2) OJ No L 180, 1 . 7. 1992, p. 27. 0 OJ No L 346, 15. 12. 1988, p. 7. — Dominica, 0 OJ No L 178, 24. 6. 1989, p. 1 . 0 OJ No L 387, 31 . 12. 1992, p. 24. — British Virgin Islands and Montserrat,

No L 28/34 Official Journal of the European Communities 5 . 2. 93

— Jamaica, removal of the quantity concerned from the agency s stores when the successful tenderer furnishes proof — St Lucia, that that quantity has been placed under customs — St Vincent, including the Northern Grenadines, supervision in the territory of one of the third — Barbados, countries listed in Article 1 (2), — Trinidad and Tobago, — the remainder of the performance security shall be — Grenada, including the Southern Grenadines, released in accordance with Article 33 (3) (b) of — Aruba, Regulation (EEC) No 1780/89 . — Netherlands Antilles : Curasao, Bonaire, St In addition, to be admissible, tenders must indicate the Eustace, Saba and the southern part of St Martin, place where end use of the alcohol awarded is to take — Guyana, place and must include an undertaking by the tenderer to the effect that the alcohol will be sent to that destination — Virgin Islands of the United States, and used for that purpose. Tenders must also include a — must be used only as motor fuel. statement by the tenderer to the effect that he has binding commitments with an operator in the motor fuel Article 2 sector in one of the third countries listed in Article 1 (2) who has undertaken to dehydrate the alcohol awarded in The location and reference numbers of the vats one of these countries and to export it for use solely in concerned, the quantity of alcohol contained in each vat, the motor fuel sector. the alcoholic strength and the characteristics of the alcohol as well as certain specific conditions are given in Article 4 the Annex hereto. Notwithstanding Article 14 of Regulation (EEC) No Article 3 1780/89, the closing date for the submission of tenders shall be the tenth day following the date of publication of The sales shall take place in accordance with Regulation this Regulation. (EEC) No 1780/89, and in particular Articles 10 to 17 and 29 to 38 thereof. Article 5 However : This Regulation shall enter into force on the day of its — one half of the performance security shall be released publication in the Official Journal of the European Communities. by the intervention agency holding the alcohol on

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 February 1993.

For the Commission Rene STEICHEN Member of the Commission

5. 2. 93 Official Journal of the European Communities No L 28/35

ANNEX

INDIVIDUAL INVITATION TO TENDER No 92/93 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

ITALY Flli Palma Canosa di Puglia 3 000 35 Neutral

Sodime Qualiano 3 000 36 Of good flavour

Bertolino Sicilia 7 000 35 Neutral

Di Lorenzo Ponte di Valleceggi 10 000 35 Raw alcohol

Sapis Materdomini 5 000 39 Raw alcohol

Sodime Qualiano 2 500 39 Raw alcohol

Di Trani Napoli 5 000 35 Raw alcohol

De Luca Novoli 5 000 35 Raw alcohol

Rodi Castel San Georgio 10 000 35 Raw alcohol

Carzino Novoli 2 000 35 Raw alcohol

Balice Valenzano 5 000 36 Raw alcohol

Del Salento Nocera 4 400 39 Raw alcohol

Fedele di Maggio Fragagnano 600 35 Raw alcohol

Total 62 500

FRANCE Deulep Saint-Gilles-du-Gard 38 888 35 Raw alcohol + 92 %

Provence Mazout Saint-Louis-du-Rh6ne 23 612 36 Raw alcohol + 92 %

Total 62 500

Grand total 125 000

No L 28/36 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 French francs, 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 125 000 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 1 20 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 92/93 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 92/93/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 : — SAV par délégation de lOnivins, zone industrielle, avenue de la Ballastière, boîte postale 231 , F-33505 Libourne Cedex (tel. 57 51 03 03 ; télex : 572 025 ; télécopie : 57 25 07 25) ; — 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.

5. 2. 93 Official Journal of the European Communities No L 28/37

INDIVIDUAL INVITATION TO TENDER No 93/93 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 Bertolino Partinico 13 000 35 Neutral

Fedele di Maggio Fragagnana 2 100 35 Raw alcohol

Bertolino Partinico 25 000 35 Raw alcohol

Flli Russo S. Venerina 1 800 35 + 36 Raw alcohol

Enodistil Alcamo 5 000 35 Raw alcohol

Cedis SRL Marsala 5 000 36 Raw alcohol

Kronion Sciacca 5 000 35 + 36 Raw alcohol

Vinum Marsala 5 600 36 Raw alcohol

Total 62 500

2. FRANCE Verniers Narbonne 59 661 35 Raw alcohol + 92 %

Provence Mazout Saint- Louis-du-Rhone 2 839 36 Raw alcohol + 92 %

Total 62 500

Grand total 125 000

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.

No L 28/38 Official Journal of the European Communities 5. 2. 93

III . Submission of tenders 1 . Tenders should be submitted for a quantity of 125 000 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 93/93 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 93/93/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 : — SAV par délégation de 1 Onivins, zone industrielle, avenue de la Ballastière, boîte postale 231 , F-33505 Ifibourne Cedex (tel. 57 51 03 03 ; télex : 572 025 ; télécopie : 57 25 07 25) ; — 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.