CELEX: 32004R0819
Language: en
Date: 2004-04-29 00:00:00
Title: Commission Regulation (EC) No 819/2004 of 29 April 2004 opening public sales of wine alcohol for use as bioethanol in the Community

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)     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.
(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 wine3, 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 euro4, 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.
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).
2
        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).
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).
4
        OJ L 349, 24.12.1998, p. 1.
 ---pagebreak--- (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.
                                            Article 2
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/Wetstraat 200
B-1049
Brussels
Fax: (32-2) 295 92 52
E-mail: agri-d4@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 19 per hectolitre of alcohol at 100 % vol.
                                                 2
 ---pagebreak---                                               Article 5
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 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;
(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, 29 April 2004.
                                               For the Commission
                                               Franz FISCHLER
                                               Member of the Commission
                                                  3
 ---pagebreak---                                              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
   Member             Location          Vat        Quantity     Reference to  Type of Firms approved
 State and lot                        number                     Regulation   alcohol    pursuant to
   number                                       (hectolitres of   (EC) No               Article 92 of
                                                   alcohol at    1493/1999            Regulation (EC)
                                                  100 % vol)                           No 1623/2000
                                                                 (Articles)
               TARANCON              A-9                 24 201           27 Raw
Spain                                                                                 Bioetanol
                                     B-9                 24 464           27 Raw
                                                                                      Galicia SA
                                     A-2                 22 231           27 Raw
Lot No                               A-3                 24 399           27 Raw
30/2004 EC                           A-6                 24 550           27 Raw
                                     B-1                 24 692           27 Raw
                                     B-2                 24 710           27 Raw
                                     B-3                 24 716           27 Raw
                                     B-4                 24 861           27 Raw
                                     B-5                  1 176           27 Raw
               Total                                   220 000
               TARANCON              A-1                 24 191           27 Raw
Spain                                                                                 Ecocarburantes
                                     A-2                  2 297           27 Raw
                                                                                      españoles SA
               TOMELLOSO             5                   53 512           27 Raw
Lot No
31/2004 EC
               Total                                     80 000
               ONIVINS-Port la       8                    3 765           27 Raw
FRANCE                                                                                Ecocarburantes
               Nouvelle              4                   47 890           27 Raw
                                                                                      españoles SA
Lot No         Av. Adolphe Turrel    3                   48 345           27 Raw
32/2004 EC     BP 62
               11210 Port la
               Nouvelle
               Total                                   100.000
               DEULEP                501                  8 830           30 Raw
FRANCE         BLD CHANZY                                                             Sekab (Svensk
                                     502                  8 750           30 Raw
               30800 Saint Gilles du                                                  Etanolkemi AB)
                                     604                  3 460           27 Raw
Lot No         Gard
                                     503                  8 960           27 raw
33/2004 EC
               Total                                     30 000
               CAVIRO (Faenza)                        29 153,12           27 Raw
ITALY                                                                                 Altia
               VILLAPANA                              10 846,88           27 raw
                                                                                      Corporation
               (Faenza)
Lot No
34/2004 EC     Total                                     40 000
                                                 4
 ---pagebreak--- 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).
                                               5