# L_2005057EN.01001501.xml

| 3.3.2005 | EN | Official Journal of the European Union | L 57/15 |
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3.3.2005

EN

Official Journal of the European Union

L 57/15

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COMMISSION REGULATION (EC) No 360/2005

of 2 March 2005

opening public sales of wine alcohol for use as bioethanol in the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2), lays down, among other things, detailed rules for disposing of stocks of alcohol obtained from distillation pursuant to Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and held by the intervention agencies. |
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(1)

Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2), lays down, among other things, detailed rules for disposing of stocks of alcohol obtained from distillation pursuant to Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and held by the intervention agencies.

| (2) | Public sales of wine alcohol for use in the fuel sector in the Community should be organised in accordance with Articles 92 and 93 of Regulation (EC) No 1623/2000 with a view to reducing Community stocks of wine alcohol and to some extent ensuring supplies to firms approved in accordance with Article 92 of Regulation (EC) No 1623/2000. The wine alcohol of Community origin in storage in the Member States consists of quantities produced from distillation in accordance with Articles 35, 36 and 39 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (3), and in accordance with Articles 27, 28 and 30 of Regulation (EC) No 1493/1999. |
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(2)

Public sales of wine alcohol for use in the fuel sector in the Community should be organised in accordance with Articles 92 and 93 of Regulation (EC) No 1623/2000 with a view to reducing Community stocks of wine alcohol and to some extent ensuring supplies to firms approved in accordance with Article 92 of Regulation (EC) No 1623/2000. The wine alcohol of Community origin in storage in the Member States consists of quantities produced from distillation in accordance with Articles 35, 36 and 39 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (3), and in accordance with Articles 27, 28 and 30 of Regulation (EC) No 1493/1999.

| (3) | Since 1 January 1999, in accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (4), the selling price and securities must be expressed, and payments made, in euro. |
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(3)

Since 1 January 1999, in accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (4), the selling price and securities must be expressed, and payments made, in euro.

| (4) | Given that there are risks of fraud by substitution of alcohol, checks on the final destination of the alcohol should be reinforced and the intervention agencies should be allowed to call on the help of international control agencies and to check the alcohol sold by means of nuclear magnetic resonance analyses. |
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(4)

Given that there are risks of fraud by substitution of alcohol, checks on the final destination of the alcohol should be reinforced and the intervention agencies should be allowed to call on the help of international control agencies and to check the alcohol sold by means of nuclear magnetic resonance analyses.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, |
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(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Seven lots of alcohol (references 42/2005 EC, 43/2005 EC, 44/2005 EC, 45/2005 EC, 46/2005 EC, 47/2005 EC and 48/2005 EC) comprising 40 000 hectolitres, 40 000 hectolitres, 40 000 hectolitres, 40 000 hectolitres, 55 000 hectolitres, 25 000 hectolitres and 30 000 hectolitres respectively at 100 % vol are hereby put up for public sale for use in the fuel sector within the Community.

2.   The alcohol concerned was produced from distillation in accordance with Article 35 of Regulation (EEC) No 822/87 and Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and is held by the French, Spanish, Italian and Portuguese intervention agencies.

3.   The location and references of the vats making up the lots, the quantity of alcohol in each vat, the alcoholic strength and the characteristics of the alcohol are as set out in the Annex to this Regulation.

4.   The lots shall be awarded to firms approved in accordance with Article 92 of Regulation (EC) No 1623/2000.

Article 2

All communications concerning this public sale shall be sent to the following Commission department:

| Commission of the European Communities |
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| Directorate-General for Agriculture and Rural Development, Unit D-2 |
| Rue de la Loi/Wetstraat 200 |
| B-1049 Brussels |
| Fax (32-2) 298 55 28 |
| E-mail: agri-d2@cec.eu.int |

Commission of the European Communities

Directorate-General for Agriculture and Rural Development, Unit D-2

Rue de la Loi/Wetstraat 200

B-1049 Brussels

Fax (32-2) 298 55 28

E-mail: agri-d2@cec.eu.int

Article 3

The public sales shall take place in accordance with Articles 92, 93, 94, 95, 96, 98, 100 and 101 of Regulation (EC) No 1623/2000 and Article 2 of Regulation (EC) No 2799/98.

Article 4

The price of the alcohol for public sale shall be EUR 23,5 per hectolitre of alcohol at 100 % vol.

Article 5

The alcohol must be removed no more than six months after the date of notification of the Commission's decision to award the sale.

Article 6

The performance guarantee shall be EUR 30 per hectolitre of alcohol at 100 % vol. Unless a standing guarantee is provided, before removing any alcohol and by the day of issue of the removal order at the latest, the firms awarded the lots shall lodge a performance guarantee with the intervention agency concerned to ensure that the alcohol in question is used as bioethanol in the fuel sector.

Article 7

Against payment of EUR 10 per litre and within 30 days of the publication of the notice of public sale, the firms approved in accordance with Article 92 of Regulation (EC) No 1623/2000 may obtain samples of the alcohol put up for sale from the intervention agency concerned. After that date, samples may be obtained in accordance with Article 98(2) and (3) of Regulation (EC) No 1623/2000. Samples issued to the approved firms shall amount to not more than five litres per vat.

Article 8

The intervention agencies in the Member States in which the alcohol put up for sale is stored shall carry out appropriate checks to verify the nature of the alcohol at the time of end-use. To that end, they may:

| (a) | apply Article 102 of Regulation (EC) No 1623/2000, mutatis mutandis; |
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(a)

apply Article 102 of Regulation (EC) No 1623/2000, mutatis mutandis;

| (b) | carry out checks on samples using nuclear magnetic resonance analysis to verify the nature of the alcohol at the time of end-use. |
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(b)

carry out checks on samples using nuclear magnetic resonance analysis to verify the nature of the alcohol at the time of end-use.

The costs shall be borne by the firms to which the alcohol is sold.

Article 9

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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

Done at Brussels, 2 March 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  
  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

1

(2)  
  OJ L 194, 31.7.2000, p. 45. Regulation as last amended by Regulation (EC) No 1774/2004 (OJ L 316, 15.10.2004, p. 61).

2

(3)  
  OJ L 84, 27.3.1987, p. 1. Regulation as last amended by Regulation (EC) No 1677/1999 (OJ L 199, 30.7.1999, p. 8).

3

(4)  
  OJ L 349, 24.12.1998, p. 1.

4

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ANNEX

PUBLIC SALES OF WINE ALCOHOL FOR USE AS BIOETHANOL IN THE COMMUNITY

Nos 42/2005 EC, 43/2005 EC, 44/2005 EC, 45/2005 EC, 46/2005 EC, 47/2005 EC AND 48/2005 EC

I.   Place of storage, quantity and characteristics of the alcohol put up for sale

| Member State and lot number | Location | Vat number | Quantity
  (hectolitres of alcohol at 100 % vol) | Reference to Regulations (EEC) No 822/87 and (EC) No 1493/1999
  (Articles) | Type of alcohol | Firms approved pursuant to Article 92 of Regulation (EC) No 1623/2000 |
| --- | --- | --- | --- | --- | --- | --- |
| SPAIN
  Lot No 42/2005 EC | Tarancón | D-1 | 25 176 | 27+28 | Raw | Ecocarburantes españoles SA |
| A-1 | 14 824 | 27 | Raw |
| Total | | 40 000 | | |
| PORTUGAL
  Lot No 43/2005 EC | S. João da Pesqueira | Inox 1 | 2 017,11 | 30 | Raw | Ecocarburantes españoles SA |
| Inox 12 | 10 304,12 | 30 | Raw |
| Inox 13 | 10 330,69 | 30 | Raw |
| Inox 14 | 10 186,54 | 27 | Raw |
| Inox 15 | 7 161,54 | 27 | Raw |
| Total | | 40 000 | | |
| SPAIN
  Lot No 44/2005 EC | Tomelloso | 2 | 9 125 | 27 | Raw | Bioetanol Galicia SA |
| 5 | 30 875 | 27 | Raw |
| Total | | 40 000 | | |
| PORTUGAL
  Lot No 45/2005 EC | Aveiro | S 201 | 26 292,82 | 27 | Raw | Bioetanol Galicia SA |
| S 208 | 13 707,18 | 27 | Raw |
| Total | | 40 000 | | |
| FRANCE
  Lot No 46/2005 EC | DEULEP |
| Bld Chanzy |
| 30800 Saint Gilles du Gard |

Member State and lot number

Location

Vat number

Quantity

(hectolitres of alcohol at 100 % vol)

Reference to Regulations (EEC) No 822/87 and (EC) No 1493/1999

(Articles)

Type of alcohol

Firms approved pursuant to Article 92 of Regulation (EC) No 1623/2000

SPAIN

Lot No 42/2005 EC

Tarancón

D-1

25 176

27+28

Raw

Ecocarburantes españoles SA

A-1

14 824

27

Raw

Total

40 000

PORTUGAL

Lot No 43/2005 EC

S. João da Pesqueira

Inox 1

2 017,11

30

Raw

Ecocarburantes españoles SA

Inox 12

10 304,12

30

Raw

Inox 13

10 330,69

30

Raw

Inox 14

10 186,54

27

Raw

Inox 15

7 161,54

27

Raw

Total

40 000

SPAIN

Lot No 44/2005 EC

Tomelloso

2

9 125

27

Raw

Bioetanol Galicia SA

5

30 875

27

Raw

Total

40 000

PORTUGAL

Lot No 45/2005 EC

Aveiro

S 201

26 292,82

27

Raw

Bioetanol Galicia SA

S 208

13 707,18

27

Raw

Total

40 000

FRANCE

Lot No 46/2005 EC

DEULEP

Bld Chanzy

30800 Saint Gilles du Gard

501

9 100

27

Raw

Sekab (Svensk Etanolkemi AB)

502

9 150

27

Raw

503

9 000

27

Raw

504

8 470

27

Raw

506

9 260

27

Raw

508

8 950

27

Raw

605

1 070

27

Raw

Total

55 000

ITALY

Lot No 47/2005 EC

Aniello Esposito — Pomigliano d’Arco (NA)

23A-24A-25A-39A

7 883,94

30

Raw

Sekab (Svensk Etanolkemi AB)

Villapana — Faenza (RA)

9A

10 000,00

27

Raw

Caviro — Faenza (RA)

16A

7 116,06

27

Raw

Total

25 000

ITALY

Lot No 48/2005 EC

Bertolino-Partinico (PA)

6A

8 200,29

30+35

Raw

Altia Corporation

30A

9 022,71

35

neutral

Trapas-Petrosino (TP)

6A-14A

5 120,00

30

Raw

Gedis-Marsala (TP)

9B

6 350,00

30

Raw

S.V.M-Sciacca (AG)

1A-4A-21A-22A-31A

1 307,00

27

Raw

Total

30 000

II.   The address of the Spanish intervention agency is:

FEGA, Beneficencia 8, E-28004 Madrid (Tel. (34) 913 47 65 00; telex: 23427 FEGA; fax: (34) 915 21 98 32).

III.   The address of the French intervention agency is:

Onivins-Libourne, Délégation nationale, 17 avenue de la Ballastière, boîte postale 231, F-33505 Libourne Cedex (Tel. (33-5) 57 55 20 00; telex 57 20 25; fax (33-5) 57 55 20 59).

IV.   The address of the Italian intervention agency is:

AGEA, via Torino 45, I-00184 Roma (Tel. (39) 06 49499 714; fax (39) 06 49499 761.

V.   The address of the Portuguese intervention agency is:

IVV — Instituto da Vinha e do Vinho, R. Mouzinho da Silveira, 5-P-1250-165 Lisboa, (Tel (351) 21 350 67 00, Fax (351) 21 356 12 25

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