No C 55/6 Official Journal of the European Communities 28.2.84 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation laying down implementing rules for Regulation (EEC) 
No 3331/82 on food-aid policy and food-aid management 
COM(84) 26 final 
(Submitted by the Commission to the Council on 1 February 1984) 
(84/C 55/07) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, 
Having regard to Council Regulation (EEC) No 
3331/82 of 3 December 1982 on food-aid policy and 
food-aid management and amending Regulation 
(EEC) No 2750/75 ('), and in particular to the first, 
fourth, fifth, sixth and seventh indents of Article 4(1) 
and to Article 4 (2) thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
"Whereas, in order to implement Council Regulation 
(EEC) No 3331/82, it is necessary to determine the 
total quantities of each product to be supplied under 
the food-aid programmes in compliance with the 
Community's international commitments; 
Whereas the Community has made certain 
commitments under the Food Aid Convention; 
Whereas the Community has also made certain 
commitments under the Convention concluded with 
UNRWA; 
Whereas a list of the countries and organizations 
eligible for food-aid operations should be drawn up 
without prejudice to emergency operations; 
Whereas provision should be made for the possibility 
of making food aid available to non-governmental 
organizations (NGOs); whereas the latter must meet 
certain conditions guaranteeing the successful execu­
tion of food-aid operations; 
O OJ No L 352, 14. 12. 1982, p. 1. Whereas the basic and derived products which may 
be supplied under food-aid operations should be 
determined by taking account, in particular, of the 
available stocks of the products in question; 
Whereas general criteria should be established for the 
transport of food aid beyond the fob stage, taking 
into account the financial and geographical situation 
of the countries concerned and the channels and 
intermediaries via which the aid will be dispatched; 
whereas account should also be taken to this end of 
the need to increase the effectiveness of the food-aid 
operations concerned; 
Whereas, in order to ensure that the objectives of 
food-aid operations are attained, it is also necessary 
to stipulate that aid is granted only where the 
recipients undertake to comply with the supply terms 
laid down by the Commission; 
Whereas the methods of procuring, transporting and 
delivering the products should be specified; whereas 
it is also necessary to determine the procedure for 
procuring products outside the Community; 
Whereas the Commission must be able to take all the 
measures necessary for the proper execution of 
food-aid programmes and operations; whereas, to 
this end, Member States must provide the 
Commission with all the assistance required and, in 
particular, with the necessary information; 
Whereas, in certain circumstances and subject to 
appropriate conditions, multiannual food-aid 
programmes can make a positive contribution to the 
development of the recipient country; 
Whereas multiannual programmes will be drawn up 
following dialogue with the recipient country; 
Whereas such programmes will be of limited 
duration, and purely indicative, and the amount of 
aid to be supplied will be decided each year by the 
competent Community body; 
28. 2. 84 Official Journal of the European Communities No C 55/7 
Whereas these commitments can therefore be 
included in the quantities annually made available to 
certain developing countries and specialized organi­
zations, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The quantities of products to be made available 
to certain developing countries and certain organi­
zations as food aid are indicated in Annex 1. 
The products listed in the fourth, fifth and sixth 
indents of Annex 1 shall be made available to certain 
developing countries or certain organizations in the 
form of specific projects or emergency aid to be 
decided on by the Commission in accordance with 
Article 5 or 6, as applicable, of Regulation (EEC) No 
3331/82. 
2. The products to be considered for food-aid 
operations under paragraph 1 are. indicated in 
Annex 2. 
Article 2 
1. The countries and organizations eligible to 
receive the aid referred to in Article 1 are listed in 
Annex 3. 
2. The aid may also be placed at the disposal of 
non-governmental organizations (NGOs) which inter 
alia meet the following criteria: 
(a) have their headquarters in a Member State or, 
exceptionally, in a third country; 
(b) have a statute that is characteristic of an organi­
zation of this type; 
(c) have shown that they have the capacity to carry-
out food-aid operations successfully; 
(d) have given an undertaking to comply with the 
conditions of supply laid down by the 
Commission pursuant to Article 6 of Regulation 
(EEC) No 3331/82. 
Article 3 
Where the Commission considers that the Commu­
nity should meet transport costs for food aid beyond 
the fob stage, it shall take account of the following 
general criteria: 
— whether the recipient country is included on the 
list of least-developed countries, — whether the recipient country is a land-locked 
country, 
— the financial situation of the recipient country, 
— whether the food aid is intended for the 
specialized organizations or NGOs referred to in 
Article 2, 
— the need to procure the product on the market of 
a developing country, 
— the need to provide the food aid on an emergency 
basis, 
— the need to make a given food-aid operation more 
effective. 
Article 4 
Distribution costs may be met by the Community 
where necessary for the proper execution of the 
food-aid operations concerned. 
Article 5 
1. The Commission shall inform the recipients of 
the conditions governing the supply of food aid as 
referred to in point (c) of the first paragraph of 
Article 6 of Regulation (EEC) No 3331/82. 
2. Food aid shall be granted to the recipients only 
where they undertake to comply with the conditions 
of supply notified to them by the Commission. 
Article 6 
1. Except in the case of emergency operations or 
where products have to be purchased in a developing 
country because they are unavailable on the Com­
munity market, tenders shall be called for within the 
Community: 
— for the procurement of the product on the 
Community market and, where appropriate, for 
its purchase and manufacture on that market, 
— for the transportation and delivery of the product 
procured. 
Where, however, a food-aid operation relates only to 
relatively small amounts, paragraph 2 may also apply. 
2. For emergency operations or where products 
must be purchased in a developing country because 
they are unavailable on the Community market, the 
Commission may conclude the necessary private 
contracts or delegate the Member States and, where 
appropriate, an authorized agent to conclude such 
contracts on terms laid down by the Commission. 
No C 55/8 Official Journal of the European Communities 28.2.84 
Article 7 Article 9 
1. The Commission shall lay down rules for the 
procurement of products which must be purchased in 
a developing country because they are unavailable on 
the Community market. 
In order to establish that they are unavailable, the 
Commission shall have regard to the availability of 
stocks of the products in question in the Community 
and the Community market's needs as regards such 
products. 
2. Milk products supplied as food aid must have 
been manufactured and purchased in the Community. 
3. The Commission shall lay down the rules 
referred to in paragraph 1 in accordance with the 
procedure provided for in Article 8 of Regulation 
(EEC) No 3331/82. 
Article 8 
The Commission shall, in accordance with the 
procedure provided for in Article 8 of Regulation 
(EEC) No 3331/82, establish the technical coefficient 
and equivalence criterion referred to in Article 3 of 
that Regulation. The Commission shall take all necessary measures to 
ensure the proper execution of food-aid programmes 
and operations. 
To this end the Member States shall provide the 
Commission with all the assistance required and shall, 
in particular, provide it with all the information 
necessary. 
Article 10 
The European Parliament shall be kept informed of 
the management of food aid by being notified of the 
decisions referred to in Articles 7 and 8 upon their 
adoption. 
Article 11 
This Regulation shall enter into force on the third 
day following its publication in the Official Journal of 
the European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
ANNEX 1 
Quantities referred to in Article 1 (1), made available for the year 1984: 
— for cereals: 
(a) an initial instalment of 927 663 tonnes, 
(b) a second instalment of up to 200 000 tonnes; 
— for skimmed-milk powder: a maximum of 122 500 tonnes; 
— for butteroil: a maximum of 32 760 tonnes; 
— for sugar: a maximum of 13 500 tonnes; 
— for vegetable oil/olive oil: a maximum of 20 000 tonnes; 
— for other products (fish, dried vegetables, vegetable flour, etc.): the equivalent of a maximum of 
147 000 tonnes of cereals. 
28. 2. 84 Official Journal of the European Communities No C 55/9 
ANNEX 2 
List of products referred to in Article 1 
CCT heading No 
03.02 
04.02 A II and B I 
ex 04.03 
07.05 B 
ex Chapter 10 
(ex 10.01 to 10.07) 
11.01 
ex 11.02 
11.04 A 
15.07 A 
15.07 DI1 
16.04 D 
ex 16.04 F 
17.01 A and B 
ex 19.03 Description 
Fish, dried, salted or in brine; smoked fish, whether or not cooked 
before or during the smoking process 
Milk and cream, in powder or granules 
Butteroil (as defined in Annex III to Regulation (EEC) No 1354/83) 
Dried leguminous vegetables, shelled, whether or not skinned or split 
(other than for sowing) 
Cereals (other than for sowing) 
Cereal flours 
Cereal groats and cereal meal; other worked cereal grains (for 
example, rolled, flaked, polished, pearled or kibbled but not further 
prepared), except rice falling within heading No 10.06 
Flour or the dried leguminous vegetables falling within heading 
No 07.05 
Olive oil 
Fixed vegetable oils, fluid or solid, crude, refined or purified (other 
than olive oil, China-wood and oitica oils; myrtle wax and Japan 
wax, castor oil and other oils for technical or industrial uses other 
than the manufacture of foodstuffs for human consumption) 
Sardines 
Anchovies 
Beet sugar and cane sugar, in solid form 
Macaroni, spaghetti and similar products 
No C 55/10 Official Journal of the European Communities 28. 2. 84 
ANNEX 3 
Countries and organizations referred to in Article 2 
1. Countries 
Angola 
Antigua and Barbuda 
Bangladesh 
Benin 
Bolivia 
Botswana 
Burundi 
Cape Verde 
Central African Republic 
Chad 
China 
Comoros 
Costa Rica 
Djibouti 
Dominica 
Dominican Republic 
Ecuador 
Egypt 
Equatorial Guinea 
Ethiopia 
Gambia 
Ghana 
Grenada 
Guinea (Conakry) 
Guinea Bissau Guyana 
Haiti 
Honduras 
India 
Indonesia 
Jamaica 
Jordan 
Kenya 
Lebanon 
Lesotho 
Madagascar 
Malawi 
Maldives 
Mali 
Malta 
Mauritania 
Mauritius 
Morocco 
Mozambique 
Nepal 
Nicaragua 
Niger 
Pakistan 
Peru 
Philippines Rwanda 
St. Kitts-Nevis 
St. Lucia 
St. Vincent and the Grenadines 
Sao Tome and Principe 
Senegal 
Seychelles 
Sierra Leone 
Somalia 
Sri Lanka 
Sudan 
Swaziland 
Syria 
Tanzania 
Thailand 
Togo 
Tunisia 
Uganda 
Upper Volta 
North Yemen 
South Yemen 
Zaire 
Zambia 
Zimbabwe 
2. Organizations 
ICRC 
Licross 
UNHCR 
Unicef 
UNRWA 
WFP