Commission Regulation (EC) No 1820/2005 of 8 November 2005 amending Regulation (EC) No 1623/2000 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
Date: 2005-11-08
Institutions: European Commission
Subjects: award of contract, common organisation of markets, intervention agency, motor spirit, viticulture

L 293/8

EN

Official Journal of the European Union

9.11.2005

COMMISSION REGULATION (EC) No 1820/2005

of 8 November 2005

amending Regulation (EC) No 1623/2000 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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

the market

(7)

(8)

Regulation (EC) No 1623/2000 should be amended
accordingly.

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

Whereas:

Regulation (EC) No 1623/2000 is amended as follows:

(1)

(2)

(3)

(4)

(5)

(6)

Commission Regulation (EC) No 1623/2000 (2) provides
for a system of disposal of wine alcohol by invitation to
tender for use as bio-ethanol
in the fuel sector in the
Community. In order to enable the highest selling price
the conditions for
to be obtained for such alcohol,
competition on the wine alcohol market should be
improved.

1. Article 92 is amended as follows:

(a) paragraph 2 is amended as follows:

(i) point (c) is replaced by the following:

firstly, an increase in the number of
To that end,
should be encouraged by simplifying the
tenderers
those
approval procedure. Secondly, where applicable,
undertakings
freely
the possibility of
choosing on the market the clients to whom they will
sell on the processed alcohol for its final use.

should have

To that end, tenderers should not be required, on presen-
tation of their tenders, to indicate the destination and the
final purchasers of the alcohol, provided that final use
takes place in the form of bio-ethanol in the fuel sector
in the Community.

In order to better ensure that the planned final use of the
alcohol is complied with, the amount of the performance
guarantee should be increased.

‘(c) the place of establishment and a copy of the
plans of
is
processed into absolute alcohol, and an indi-
cation of the annual processing capacity;’

the plant where

alcohol

the

(ii) point (e) is replaced by the following:

‘(e) an assurance by the undertaking that all

final
purchasers of the alcohol will only use it for
the production of fuel in the Community in the
form of bio-ethanol;’

(b) paragraph 5 is replaced by the following:

‘5. Member States
inform the Commission
without delay of any new approval or withdrawal of
approval, indicating the exact date of the decision.’

shall

The conditions for the participation of undertakings in
invitations to tender as regards the date of their approval
should be set out in greater detail.

2. Article 94(1) and (2) is replaced by the following:

The exchange of information between the intervention
agencies,
and the Commission
should be made more transparent and efficient.

the Member States

(1) OJ L 179, 14.7.1999, p. 1. Regulation last amended by Commission
Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).
(2) OJ L 194, 31.7.2000, p. 45. Regulation last amended by Regulation

(EC) No 1219/2005 (OJ L 199, 29.7.2005, p. 45).

Tenders must come from undertakings approved at the

‘1.
date of publication of the notice of invitation to tender.

Tenderers may submit only one tender for each lot to
2.
be awarded. If a tenderer submits more than one tender for
each lot, none of those tenders shall be admissible.’

3. Article 94a(c) is deleted.

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Official Journal of the European Union

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4. Article 94b(3) is replaced by the following:

‘3.
The Commission shall notify the decisions taken under
this Article to those Member States and intervention agencies
holding alcohol to which tenders have been submitted.’

5. Article 94c is replaced by the following:

‘Article 94c

Statement of award and notification to the Commission

The intervention agency shall

1.
writing, without delay against a receipt, of
taken on their tenders.

inform tenderers

in
the decision

2. Within five working days of receipt of the notification
referred to in Article 94b(3), the intervention agency shall
inform the Commission of the name and address of the
tenderer for each tender submitted.

3. Within two weeks of the date of receipt of the infor-
mation notice referred to in paragraph 1, the intervention
agency shall issue each successful tenderer with a statement
of award certifying that their tender has been accepted.

4. Within two weeks of the date of receipt of the infor-
mation notice referred to in paragraph 1, each successful
tenderer shall provide proof
they have lodged with
the intervention agency concerned a performance guarantee
of EUR 40 per hectolitre of alcohol at 100 % vol. to ensure
that all the alcohol awarded is used in accordance with the
purpose stated in Article 92(1).’

that

Article 2

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

It shall apply from 1 January 2006.

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

Done at Brussels, 8 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission