Commission Regulation (EC) No 819/2004 of 29 April 2004 opening public sales of wine alcohol for use as bioethanol in the Community
Date: 2004-04-29
Institutions: European Commission
Subjects: France, Italy, Spain, auction sale, intervention agency, motor spirit, wine

L 153/90 

EN 

Official Journal of the European Union 

30.4.2004 

COMMISSION REGULATION (EC) No 819/2004 

of 29 April 2004 

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 wine1, and in particular Article 33 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 

2 

3 

4 

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  mechanisms2,  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. 

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 wine3, and in accordance with Articles 27, 28 and 30 of 
Regulation (EC) No 1493/1999. 

Since 1 January 1999, in accordance with Council Regulation (EC) No 2799/98 of 15 
December 1998 establishing agrimonetary arrangements for the euro4, the selling price 
and securities must be expressed, and payments made, in euro. 

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. 

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). 
OJ L 194, 31.7.2000, p. 45. Regulation as last amended by Regulation (EC) No 1710/2003 (OJ L 243, 
27.9.2003, p. 98). 
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). 
OJ L 349, 24.12.1998, p. 1. 

 
                                                 
(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.  Five  lots  of  alcohol  (references  30/2004  EC,  31/2004  EC,  32/2004  EC,  33/2004  EC  and 
34/2004 EC) comprising 220 000 hectolitres, 80 000 hectolitres, 100 000 hectolitres, 30 000 
hectolitres and 40 000 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 Articles 27 and 
30  of  Regulation  (EC)  No  1493/1999  and  is  held  by  the  French,  Spanish  and  Italian 
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. 

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

Article 2 

Commission of the European Communities 

Directorate-General for Agriculture, Unit D.4 

Rue de la Loi/Wetstraat 200 

B-1049 

Brussels 

Fax: (32-2) 295 92 52 

E-mail: agri-d4@cec.eu.int 

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 3 

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

Article 4 

2 

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

Article 5 

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) 

(b) 

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

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. 

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

Article 9 

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

Done at Brussels, 29 April 2004. 

For the Commission 
Franz FISCHLER 
Member of the Commission

3 

 
 
  
 
 
 
 
ANNEX 

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

NOS 30/2004 EC, 31/2004 EC, 32/2004 EC, 33/2004 EC AND 34/2004 EC 

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

Location 

Vat 
number 

Quantity 

(hectolitres of 
alcohol at 
100 % vol) 

Reference to 
Regulation 
(EC) No 
1493/1999 

(Articles) 

Type of 
alcohol 

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

Member 
State and lot 
number 

Spain 

Lot No 
30/2004 EC 

TARANCON 

Total 

TARANCON 

TOMELLOSO 

Total 

ONIVINS-Port la 
Nouvelle 
Av. Adolphe Turrel 
BP 62 
11210 Port la 
Nouvelle 

Total 

DEULEP 
BLD CHANZY 
30800 Saint Gilles du 
Gard 

Spain 

Lot No 
31/2004 EC  

FRANCE 

Lot No 
32/2004 EC 

FRANCE 

Lot No 
33/2004 EC 

Total 

ITALY 

Lot No 
34/2004 EC 

CAVIRO (Faenza) 
VILLAPANA 
(Faenza) 

Total 

27 
27 
27 
27 
27 
27 
27 
27 
27 
27 

Raw 
Raw 
Raw 
Raw 
Raw 
Raw 
Raw 
Raw 
Raw 
Raw 

27 
27 
27 

Raw 
Raw 
Raw 

27 
27 
27 

Raw 
Raw 
Raw 

Bioetanol 
Galicia SA 

Ecocarburantes 
españoles SA 

Ecocarburantes 
españoles SA 

30 
30 
27 
27 

Raw 
Raw 
Raw 
raw 

Sekab (Svensk 
Etanolkemi AB) 

27 
27 

Raw 
raw 

Altia 
Corporation 

A-9 
B-9 
A-2 
A-3 
A-6 
B-1 
B-2 
B-3 
B-4 
B-5 

A-1 
A-2 
5 

8 
4 
3 

501 
502 
604 
503 

24 201 
24 464 
22 231 
24 399 
24 550 
24 692 
24 710 
24 716 
24 861 
1 176 

220 000 

24 191 
2 297 
53 512 

80 000 

3 765 
47 890 
48 345 

100.000 

8 830 
8 750 
3 460 
8 960 

30 000 

29 153,12 
10 846,88 

40 000 

4 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
II. 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). 

III. 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). 

IV. 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). 

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