Commission Implementing Regulation (EU) No 644/2011 of 1 July 2011 opening tendering procedure No 1/2011 EU for the sale of wine alcohol for new industrial uses

2.7.2011 EN Official Journal of the European Union L 175/3
COMMISSION IMPLEMENTING REGULATION (EU) No 644/2011
of 1 July 2011
opening tendering procedure No 1/2011 EU for the sale of wine alcohol for new industrial uses
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33 thereof,
Whereas:
(1) Article 3(2) of Council Regulation (EC) No 491/2009 of 25 May 2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (2) stipulates that Article 128(3) of Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005 and (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (3) continues to apply even though the latter regulation has been repealed.
(2) Article 128 of Council Regulation (EC) No 479/2008 stipulates that the measures concerning market mechanisms set out in Title III of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (4) continue to apply even if the latter regulation is repealed, if those measures have been initiated or undertaken by 1 August 2008. Similarly, pursuant to Article 103 of Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine (5) as regards support programmes, trade with third countries, production potential and on controls in the wine sector, the relevant rules set out in 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market in wine with regard to market mechanisms (6) continue to apply even though Regulation (EC) No 1623/2000 has been repealed, in so far as those rules relate to measures commenced before 1 August 2008.
(3) Stocks of wine alcohol acquired before 1 August 2008 must be disposed of. In accordance with Article 128(3)(b) of Regulation (EC) No 479/2008 and Article 103(1)(a) of Regulation (EC) No 555/2008, Article 31 of Regulation (EC) No 1493/1999 and Chapter IV of Regulation (EC) No 1623/2000 continue to apply for this measure.
(4) Regulation (EC) No 1623/2000 lays down, inter alia, the detailed rules for disposing of stocks of alcohol arising from distillation pursuant to Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 held by intervention agencies.
(5) In accordance with Article 80 of Regulation (EC) No 1623/2000, a tendering procedure should be organised for the sale of wine alcohol for new industrial uses with a view to reducing the stocks of wine alcohol in the Union and enabling small-scale industrial projects to be carried out in the Union. The wine alcohol of EU origin in storage in the Member States consists of quantities produced from distillation pursuant to Articles 27, 28 and 30 of Regulation (EC) No 1493/1999.
(6) Minimum prices should be fixed for the submission of tenders, broken down according to the type of end-use.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,