Commission Regulation (EC) No 1440/2003
of 12 August 2003
opening tendering procedures for the sale of wine alcohol exclusively for use in third countries in the fuel sector
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), as last amended by Regulation (EC) No 806/2003(2),
Having regard to 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(3), as last amended by Regulation (EC) No 1183/2003(4), and in particular Article 86 thereof,
Whereas:
(1) Regulation (EC) No 1623/2000 lays down, inter alia, the detailed rules for disposing of stocks of alcohol arising from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 held by intervention agencies.
(2) Tendering procedures should be opened for the sale of wine alcohol for export to third countries exclusively for use in the fuel sector in a third country, with a view to reducing stocks of wine alcohol of Community origin and giving third countries greater continuity of supply.
(3) The wine alcohol of Community origin in storage in the Member States consists of quantities produced from distillation under 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(5), as last amended by Regulation (EC) No 1677/1999(6), and under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999.
(4) Since the adoption of Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro(7), the prices offered in tenders and securities must be expressed in euro and payments must be made in euro.
(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
Eight tendering procedures, Nos 333/2003 EC to 340/2003 EC, are hereby opened for the sale of alcohol exclusively for use in the fuel sector in third countries.
The total volume is 430000 hectolitres. The alcohol concerned was produced from distillation pursuant to Article 35 of Regulation (EEC) No 822/87 and Articles 27 and 30 of Regulation (EC) No 1493/1999 and is held by the French and Portuguese intervention agencies.
Tendering procedures Nos 333/2003 EC to 339/2003 EC shall each relate to a volume of 50000 hectolitres of alcohol at 100 % vol, and tendering procedure 340/2003 EC shall relate to a volume of 80000 hectolitres of alcohol at 100 % vol.
Article 2
The alcohol put up for sale for export from the European Community shall be imported to Costa Rica, El Salvador or Jamaica, and must be used in accordance with Article 86 of Regulation (EC) No 1623/2000.
Article 3
The place of storage, the vat numbers, the volume of alcohol in each vat, the alcoholic strength and the characteristics of the alcohol, certain specific conditions, as well as the address of the Commission department responsible for receiving tenders shall be as set out in Annex I to this Regulation.
Article 4
The sale shall be conducted in accordance with Articles 87, 88, 89, 90, 91, 95, 96, 100, 101 and 102 of Regulation (EC) No 1623/2000 and Article 2 of Regulation (EC) No 2799/98.
Article 5
The minimum price which may be offered shall be EUR 9 per hectolitre of alcohol at 100 % vol for tendering procedures Nos 333/2003 EC to 340/2003 EC.
Article 6
1. The physical removal of the alcohol from the stores of each of the intervention agencies concerned shall be completed no later than 31 March 2004.
2. The alcohol awarded under the tendering procedures referred to in Article 1 of this Regulation shall be exported no later than 30 April 2004.
Article 7
To be eligible for consideration, tenders shall include presentation of the undertakings and documents listed in Annex II to this Regulation and must comply with Articles 88 and 97 of Regulation (EC) No 1623/2000.
Article 8
The formalities for sampling shall be as set out in Articles 91 and 98 of Regulation (EC) No 1623/2000.
Article 9
The Commission department referred to in Article 91(5) of Regulation (EC) No 1623/2000 shall be that indicated in Annex III to this Regulation.
Article 10
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, 12 August 2003.