
Article 1 
Regulation (EC) No 1623/2000 is amended as follows:

1.. Article 92 is amended as follows:

((a)) paragraph 2 is amended as follows:

((i)) point (c) is replaced by the following:
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((c)) the place of establishment and a copy of the plans of the plant where the alcohol is processed into absolute alcohol, and an indication of the annual processing capacity;'
((ii)) point (e) is replaced by the following:
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((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:
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5. Member States shall inform the Commission without delay of any new approval or withdrawal of approval, indicating the exact date of the decision.'
2.. Article 94(1) and (2) is replaced by the following:
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1. Tenders must come from undertakings approved at the date of publication of the notice of invitation to tender.
2. Tenderers may submit only one tender for each lot to 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.
4.. Article 94b(3) is replaced by the following:
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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:
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Article 94c 

1. The intervention agency shall inform tenderers in writing, without delay against a receipt, of the decision taken on their tenders.
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 information 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 information notice referred to in paragraph 1, each successful tenderer shall provide proof that 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).'
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