Commission Regulation (EC) No 2328/2002 of 23 December 2002 opening public sales of wine alcohol for use as bioethanol in the European Community
Date: 2002-12-23
Institutions: European Commission
Subjects: Italy, Spain, award of contract, intervention agency, motor spirit, viticulture

24.12.2002

EN

Official Journal of the European Communities

L 349/13

COMMISSION REGULATION (EC) No 2328/2002

of 23 December 2002

opening public sales of wine alcohol for use as bioethanol in the European 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), as last amended by Regulation (EC) No 2585/2001 (2),

(5)

(6)

Given that there are risks of fraud by substitution of
alcohol, it would appear necessary to reinforce checks
on the final destination of the alcohol, allowing the
intervention agencies to call on the help of international
control agencies and to check the alcohol sold by means
of nuclear magnetic resonance analyses.

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

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 1795/2002 (4), and in
particular Article 92 thereof,

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1623/2000 lays down, inter alia, the
detailed rules for disposing of stocks of alcohol obtained
from distillation under Articles 27, 28 and 30 of Regula-
tion (EC) No 1493/1999 and held by the intervention
agencies.

Public sales of wine alcohol for use in the fuel sector in
the Community should be organised with a view to
reducing Community stocks of wine alcohol and to
some extent ensuring supplies to firms approved under
Article 92 of Regulation (EC) No 1623/2000. Commu-
nity stocks of wine alcohol held by the Member States
come 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.

Given the large quantities put up for sale, the deadline
for removing the alcohol should be amended.

In accordance with Council Regulation (EC) No 2799/98
of 15 December 1998 establishing
agrimonetary
arrangements for the euro (7), the selling price and secu-
rities must be expressed, and payments made, in euro.

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 345, 29.12.2001, p. 10.
(3) OJ L 194, 31.7.2000, p. 45.
(4) OJ L 272, 10.10.2002, p. 15.
(5) OJ L 84, 27.3.1987, p. 1.
(6) OJ L 199, 30.7.1999, p. 8.
(7) OJ L 349, 24.12.1998, p. 1.

Three lots of alcohol (references 15/2002 EC, 16/2002 EC and
comprising 250 000 hectolitres, 50 011,98
17/2002 EC)
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. The alcohol has been obtained from distilla-
tion as provided for in Article 35 of Regulation (EEC) No 822/
87 and Articles 27 and 30 of Regulation (EC) No 1493/1999
and is held by the Spanish and Italian intervention agencies.

Article 2

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 hereto.
The lots shall be awarded to the three firms approved under
Article 92 of Regulation (EC) No 1623/2000.

Article 3

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

Commission of the European Communities
Directorate-General for Agriculture, Unit D-4
Rue de la Loi 200
B-1049 Brussels
Fax: (32-2) 295 92 52
E-mail address: agri-d4@cec.eu.int

Article 4

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.

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Official Journal of the European Communities

24.12.2002

Article 5

The price of the alcohol for public sale shall be EUR 19 per
hectolitre of alcohol at 100 % vol.

Article 6

The performance security 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 security with the intervention agency
concerned to ensure that the alcohol
in question is used as
bioethanol in the fuel sector.

Article 7

Notwithstanding Article 93(6) of Regulation (EC) No 1623/
2000, all the alcohol must be removed no more than eight
months after the date of notification of the Commission's deci-
sion to award the sale.

Article 8

Against payment of EUR 10 per litre and within 30 days of
the publication of the notice of public sale, the firms approved
under 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 9

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:

— apply, mutatis mutandis, the provisions of Article 102 of

Regulation (EC) No 1623/2000,

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

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

Article 10

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

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

Done at Brussels, 23 December 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

L 349/15

ANNEX

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

Nos 15/2002 EC, 16/2002 EC and 17/2002 EC

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

Member State and
lot number

Location

Vat
numbers

Quantity
(hectolitres of
alcohol at
100 % vol)

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

Type of
alcohol

Firms approved
under Article 92
of Regulation (EC)
No 1623/2000]

SPAIN
Lot No 15/2002 EC

Tarancon

Tarancon

Tarancon

Tarancon

Tarancon

Tarancon

Tarancon

Tarancon

Tarancon

Tarancon

Tarancon

Tarancon

Tarancon

A-6

A-7

A-8

24 026

5 074

16 563

B-8

16 281

A-1

A-7

A-8

14 170

19 168

7 910

B-7

24 444

A-9

24 395

B-4

B-6

24 756

24 022

A-10

24 687

B-10

24 504

ITALY
Lot No 16/2002 EC

Dist. Bonollo — Paduni-Anagni (FR)

Mazzari — S. Agata sul Santerno (RA)

11 500,00

11 900,00

Total

250 000

35

35

35

35

27

27

27

27

27

30

30

30

30

35

35

Di Lorenzo — Pontenuovo di Torgiano (PG)

9 600,00

27 + 35

Dist. Bertolino — Partinico (PA)

Caviro — Faenza (RA)

9 200,00

5 100,00

27

27

Dist. Bonollo Umberto — Conselve (PD)

1 600,00

27 + 35

Ecocarburantes
españoles SA

Sekab (Svensk
Etanolkemi AB)

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

raw

Dist. Fusco — Castel San Giorgio (SA)

Ro.Di.Dist. S. Severo — Castel San Giorgio
(SA)

997,20

114,78

35

36

potable
alcohol

test code

Total

50 011,98

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Official Journal of the European Communities

24.12.2002

Member State and
lot number

Location

Vat
numbers

Quantity
(hectolitres of
alcohol at
100 % vol)

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

Type of
alcohol

Firms approved
under Article 92
of Regulation (EC)
No 1623/2000]

ITALY
Lot No 17/2002 EC

Dist. Bonollo — Paduni-Anagni (FR)

Dist. Bertolino — Partinico (PA)

Caviro — Faenza (RA)

10 000,00

10 000,00

10 000,00

30 000,00

Total

Primalco Oy (Altia
Corporation)

35

27

27

raw

raw

raw

II. The address of the Spanish intervention agency is:

FEGA, Beneficencia 8, E-28004 Madrid (Tel. (34) 91 347 65 00; Telex: 23427 FEGA; Fax: (34) 91 521 98 32).

III. The address of the Italian intervention agency is:

AGEA, via Palestro 81, I-00185 Roma (Tel. (39-06) 49 49 991; Telex: 62 00 64/62 06 17/62 03 31; Fax: (39-06)
445 39 40/445 46 93).