22.4.2005 Official Journal of the European Union L 103/15 COMMISSION REGULATION (EC) No 616/2005 of 21 April 2005 amending Regulation (EC) No 1623/2000 laying down detailed rules for implementing Council 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 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), and in particular Article 33 thereof, Whereas: (1)  Commission Regulation (EC) No 1623/2000 (3 provides for a system of disposal by public sale of wine alcohol for use as bio-ethanol in the Community. In order to enable the highest price offered by a tenderer to be obtained for such alcohol, the public sale system should be replaced by a tendering system. (2)  To that end, the same rules should be applied to the different types of disposal of wine alcohol, while the characteristics necessary for each use or final destination of the alcohol should be respected. (3)  In order to check that the alcohol is to be used for the production of bio-ethanol, Member States approve firms which they deem eligible on the basis of their capacity, the plants where the alcohol is processed, their annual processing capacity, and the certificates from the national authorities of the Member State of the final purchaser attesting that the final purchaser uses the alcohol only to produce bio-ethanol and that the bio-ethanol is used only in the fuel sector. () Sales by tender should be held each quarter, first in order to ensure that the alcohol stored by Member States’ intervention agencies is disposed of, and second in order to provide some guarantee of supply for firms established in the European Community which use alcohol in the fuel sector. (5 The Member States should send information at the end of each month on the quantities of wine, wine lees and fortified wine which have been distilled in the previous month, as well as the quantities of alcohol, broken down into neutral alcohol, raw alcohol and spirits. () OJ L 179, 14.7.1999, p. 1. Regulation last amended by the 2003 Act of Accession. (3 OJ L 194, 31.7.2000, p. 45. Regulation last amended by Regulation (EC) No 1774/2004 (OJ L 316, 15.10.2004, p. 61). (6)  Regulation (EC) No 1623/2000 should be amended accordingly. (7)  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 Regulation (EC) No 1623/2000 is hereby amended as follows: 1. Articles 92 to 94 are replaced by: ‘Article 92 Opening tendering procedures 1. The Commission, acting in accordance with the procedure laid down in Article 75 of Regulation (EC) No 1493/1999, may issue one or more invitations to tender each quarter for alcohol to be used only in the fuel sector, in the form of bio-ethanol, in the Community. The quantities of alcohol awarded under such tendering procedures shall not exceed 700 000 hectolitres of alcohol at 100 % vol per procedure. 2. The alcohol shall be assigned to firms established in the Community and shall be used in the fuel sector. To this end, Member States shall approve firms deemed eligible by them which have submitted an application accompanied by the following documents and information: (@) a declaration by the firm stating that it is capable of using at least 50 000 hl of alcohol a year; (b) the location of the firm's administrative offices; (c) the place of establishment and a copy of the plans of the plant where the alcohol is processed, and an indication of the annual processing capacity;