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Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
C O M (83) 83 final
Brussels, 24th February 1983
PROPOSAL FOR A COUNCIL REGULATION (EEC)
laying down implementing rules on food aid management
(presented by the Commission to the Council)
C O M (83) 83 final

Explanatory memorandum
Article 4 of Council Regulation (EEC) No 3331/82 of 3 December 1982 on  
food-aid policy and food—aid management stipulates that the Council,  
acting by a qualified majority on a proposal from the Commission and  
after obtaining the. opinion of the European Parliament, shall:
— decide on the total quantities of each product on an annual or  
multiannual basis,
— determine the countries and organizations to which food aid may  
be supplied on an annual or multiannual basis,
— define the basic products to be supplied as'aid, taking into  
account the available stocks of the products in question,
— determine the derived products to be supplied as food aid,
— lay down general criteria for the transport of food aid beyond  
the fob stage.
These various points constitute the general framework within which  
actual decisions for the allocation and management of food aid must  
be taken.
A feature of this framework should be a certain degree of stability in  
order to permit effective management and enable the Pood Aid Committee  
(the establishment of which is provided for in Article 7 of  
Regulation (EEC) No 3331/82) to exercise to the full its role as a 
consultative body.
For these reasons, the Commission is of the opinion that it is  
necessary to fix general rules for the implementation of the provisions  
of Regulation (EEC) No 3331/82 which will remain applicable from one  
year to the next. Such an approach will make it possible to avoid  
returning to the Community authorities unnecessarily and will restrict  
the need for new decisions in this field to those cases

-  2-
where new decisions are justified by changes in food supply conditions or in  
the economic or political situation.
On this basis, the Commission proposes to adopt a fairly wide-ranging list of  
countries that are potential food aid recipients. The inclusion of a given  
country on the list will be completely without prejudice to any actual decision  
on whether or not to implement an operation for that country under a given  
food aid programme. Any such operation can be decided on by the Commission  
only in the light of the food aid allocation criteria adopted and after  
consultation of the Pood Aid Committee.
The list includes the countries covered by EEC food aid operations in the past,  
which could therefore be considered as potential beneficiaries under future  
operations.
This same principle lies behind the list of specialized organizations selected  
as potential beneficiaries of EEC food aid operations: it is made up of the  
organizations which have already received such aid in the past.
The great diversity and the large number of non-governmental organizations  
makes it difficult to draw up an official list of NGOs constituting potential  
beneficiaries of food aid operations. In this particular area, the Commission  
prefers to establish the general conditions which such organizations must fulfil  
in order to be eligible for EEC food aid operations: apart from the requirements  
regarding the location of their registered office and their statutes, emphasis  
is laid on their capacity to assume responsibility for food aid operations. The  
list of UGOs accredited under the proposed procedure will be published in the OJ.
With regard to the conditions of supply, general criteria are laid down which  
the Commission will take into account for the payment of transport costs beyond  
the fob stage. These criteria are based on the characteristics of the recipients  
(whether or not the operation involves a least-developed or landlocked country  
or a specialized organization) and on the nature of the operation in question  
(need for urgent action or greater effectiveness). In this same spirit,  
provision is made for the possibility of meeting distribution costs. In addition

to the conditions of supply, it is also necessary to fix the general  
rules for the purchase of the products, specifying that the  
operation of the tendering machinery must he safeguarded and  
determining under what conditions the products may he purchased in  
a developing country (urgency or non-availahility on the Community  
market).
The list of basic products and derived products which can he used  
in food aid operations mainly comprises the products covered hy  
previous EEC food aid programmes.
It may he necessary, however, in order to make greater allowance  
for the dietary habits of the recipient population, to include in  
EEC food aid operations products which are not on the list. Some  
flexibility therefore seems essential in this matter. The  
Commission should he in a position to undertake such operations on  
an ad hoc basis and after consulting the Pood Aid Committee.
As regards the total quantities of each product to he supplied on  
an annual or multi-annual basis, the Commission proposes that the  
Council decide on the quantities corresponding to the funds  
available under the 1983 budget. Those quantities include in  
particular the commitments which the EEC has entered into under the  
international agreements it has concluded.
This Communication does not deal with the problem of the breakdown  
between the Community and the Member States on the one hand and  
among the Member States themselves on the other of the operations  
provided for under the Pood Aid Convention. It is stipulated in  
Article 4 of Council Regulation (EEC) No 3331/82 that the Council  
will decide on this question on a basis of unanimity. The  
Commission has forwarded to the Council a separate communication  
(CCM ... ) on this subject.

The draft regulation annexed hereto therefore covers only the subjects  
dealt with above. It constitutes the translation into legal terms of  
the principles put forward and is intended to serve as the legal basis  
for the implementation of food aid operations.
The Commission proposes that the Council approve this implementing  
regulation (Annex ).

- 5 -
Proposal for
COUNCIL REGULATION (EEC)
laying down implementing rules on food 
aid management
THE COUNCIL OP 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
A
(EEC) N o 2750/75 » and in particular the first, fourth, fifth, sixth 
and seventh indents of Article 4(1) and Article 4(2) thereof,
2Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament^,
OJ No L 352, 14.12.1982,  page 1.  
OJ No C 
OJ No C

-  6 -
Whereas in order to implement Council Regulation (EEC) No 3331/82  
it is necessary to determine the countries and organisations to which  
food-aid may he supplied on an annual or multiannual basis; whereas  
the Community can help alleviate the serious food supply difficulties  
facing certain developing countries by providing food-aid either  
directly to the governm ents of those countries or through the inter­
m ediary of specialised organisations;
Whereas a list of countries and organizations eligible for such  
operations should be drawn up; whereas the countries listed in  
Annexe I  can  m eet the conditions for the-grant of food-aid, as specified  
in Article 2 of the Regulation referred to above; whereas entrusting  
food aid operations to the specialised organizations listed in the  
Annexe II w ill  also enable the C o m m u n ity  to im plem ent such operations;
Whereasf  with the same aim in view, arrangements should be established  
empowering the Commission to accredit the non—governmental organizations
C M G O s )  required to carry out the C om m unity's food-aid operations; w hereas  
the M G O s  in question m u st m eet certain conditions guaranteeing the  
successful execution of food-aid operations;
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 transported; whereas account  
should also be taken to this end of the need to ensure greater  
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 the aid is  
granted on condition that the recipients undertake to comply with the  
supply terms laid down by the Commission;

- 7 -
Whereas the procedures for procuring, transporting and delivering the  
products should also he established;
Whereas the basic and derived products eligible for food-aid operations  
should be determined in the light of the available stocks of the products  
in question and of the food requirements and dietary habits of the  
recipient countries; whereas the products listed in Annex III provide  
the means of covering a wide range of the food requirements and dietary  
habits of the recipients; whereas it is also necessary to determine the  
procedure for procuring products outside the Community;
Whereas the total quantities of each product to be supplied under the  
annual and multiannual food-aid programmes and operations should be  
determined in accordance with the budgetary resources available and  
in compliance with the Community’s international commitments;
Whereas the Commission must be able to take all the measures neeessary  
for the proper execution of food-aid programmes and operations; whereas  
the Member btates must provide the Commission with all necessary  
assistance to this end and, in particular, with the necessary information,
HAS ADOPTED THIS REGULATION

Title I:  Recipients
ARTICLE 1
1. The countries and organizations to which food aid may be supplied  
on an annual or multiannual basis, excluding emergency food-aid  
operations, shall be as follows:
(a) the countries listed in Annex I;
(b) the specialized organizations listed in Annex II;
(c) the non-governmental organizations (NGOs) meeting the conditions  
laid down in Article 2 and accredited by the Commission.
2. A list of accredited NGOs shall be drawn up by the Commission and  
published in the Official Journal of the European Communities.
ARTICLE 2
1. In order to be accredited by the Commission, NGOs must:
(a) have their headquarters in a Member State of the Community;
(b) have a statute that is characteristic of an NGO;
(c) show that they have the capacity to carry out food-aid operations  
successfully;
(d) have undertaken to comply with the conditions of supply laid down  
by the Commission pursuant to Article 6 of Regulation (EEC)
No 3331/82.
2. In exceptional circumstances the Commission may, in accordance  
with the procedure set out in Article 8 of Regulation (EEC) No 3331/82,  
accredit an NGO which does not meet the condition specified in  
paragraph 1(a).

_ 9 -
Title H i  Conditions of supply
ARTICLE 3
Where the Commission considers that the Community 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 in the list of least-developed  
countries;
— whether the recipient country is a land-locked country;
— whether the aid is intended for specialized organizations listed in  
Annex II or NGOs accredited by the Commission;
— the need to procure the product on the market of a developing country;
— the need to provide the aid by means of an emergency operation;
— 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 p a ra g ra D h  of Article 6 of Regulation (EEC) N° 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 food-aid operations or where  
products have to be purchased in a developing country because they  
are unavailable on the Community market, offers shall be called  
for within the Community :
- for the procurement of the product on the Community market and,  
where appropriate, for its purchase and possible manufacture on  
that market;
- for the transportation and delivery of the product procured.
2. Where, however, a food aid operation relates only to relatively  
small amounts, the provisions of paragraph 3 may also apply.
3. For emergency food-aid operations or where products rtmst 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  
axithorized agent to conclude such contracts on terms laid down by  
the Commission.

Titlelll: Products
ARTICLE 7
1. The basic and derived products which may be supplied under annual  
or multiannual food—aid operations are listed in Annex III.
2. However, in order to take account of the specific food requirements  
or dietary habits of the recipient countries, food-aid operations may  
involve products other than those listed in Annex III.
3. The Commission shall take decisions on the operations referred to 
in paragraph 2 in accordance with the procedure described in  
Article 8 of Regulation (EEC) No 3331/82.
ARTICLE 8
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. However, milk products supplied as food aid may be manufactured and  
purchased only in the Community.
3. The Commission shall establish the rules referred to in paragraph 1  
in accordance with the procedure described in Article 8 of  
Regulation (EEC) No 3331/82.
ARTICLE 9
The Commission shall establish the technical coefficients and equivalence
criteria referred to in Article 3 of Regulation (EEC) No 3331/82.

Title IV Total quantities
Article 10
1. In accordance with the budgetary resources available and subject  
to possible adjustments during the year, in 1983 the following  
quantities shall be made available to certain developing countries
and certain organisations under the annual and multiannual food  
aid programmes :
- for cereals, a quantity of 1  043 369 t;
- for milk powder, a quantity of 150 000 t;
- for butter, a quantity of 46 000 t or its equivalent in butteroil;
- for soja, a quantity of 10 000 t;
- for vegetable oil, a quantity of 6 150 t.
2. Concerning other products the allocation will be determined in  
accordance with the procedure described in Article 8 of Regulation (EEC)  
N° 3331/82

-13 -
Title V:  Final provisions
ARTICLE 11
1· The Commission shall take all necessary measures to ensure the proper  
execution of food-aid. programmes and operations.
2. The Member States shall provide the Commission with all the assistance  
necessary to this end and shall in particular provide it with all the  
information needed for the proper execution of food—aid programmes and  
operations.
ARTICLE 12
The European Parliament shall be kept informed of the management of food  
aid by being notified of the decisions referred to in Articles 1, 2 and ^ 
to 10 of this Regulation upon their adoption.
ARTICLE 13
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.
Lone at Brussels
For the Council

- 14 -
Annex I
List of countries eligible for annual and multiannual food, aid operati ons
Africa
1.1 Sahel1«5 H°rn_of Africa^/lndian Ocean
Cape Verde  
Chad 
Gambia 
Mali
Mauritania  
Niger 
Senegal 
Upper Volta
1.2 West_Africa
Benin
Ghana
Guinea
Guinea-Bissau  
Liberia 
Sierra Leone  
Togo
Central Africa  
Cameroon
Central African Republic  
Congo
Equatorial Guinea
Sao Tome
Zaire
East_Africa
Burundi
Kenya
Rwanda
Sudan
Tanzania
UgandaDjibouti
Ethiopia
Somalia
1.6 Indian Ocean
Comoros
Madagascar
Maldives
Mauritius
Seychelles
1.7 Southern Africa
Angola
Botswana
Lesotho
Mozambique
Swaziland
Zambia
Zimbabwe
Mediterranean - Middle East
Egypt 
Jordan 
Lebanon 
Morocco 
Syria 
Tunisia 
Yemen AR  
Yemen PDR

Latin and Central America - Caribbean
Antigua and Barbuda
Bolivia
Colombia
Costa Rica
Dominica
Dominican Republic
El Salvador
Grenada
Guyana
Honduras
Jamaica
Nicaragua
Peru
Saint Lucia
Saint Vincent and the Grenadines
Asia
Bangladesh
Burma
Cambodia
China
India
Indonesia
Lao PDR
Nepal
Pakistan
Philippines
Sri Lanka
Thailand

-  16  -
Annex II
List of specialized organizations eligible for annual and multiannual  
food aid operations
IGRG Int e mat i onal Committee of the Red Gross
LiiCG League of Hed Cro j s Societies
UNHCR Office of the UN High Gommissioner for Refugees
UNICEF United Nations Children's Fund
UNRWA United Nations Relief and Works Agency for Palestine Refugees  
in the Near East
PAM World Food Programme

- 17 - Annex III
List of basic and derived products  
eligible for food aid operations
CCT heading  
number Descript ion
03.02 Fish, dried, salted or in brine; smoked fish; whether  
or not cooked before or during the smoking process
04.02 
A IIMilk and cream, in powder or granules
04.03 Butter
07.05
BDried leguminous vegetables, whether or not skinned  
or split (other than for sowing)
Chapter 10  
(10.01 
to
10.07)Cerea Is
11.01 Cereal flours
11.02 Cereal groats and cereal meal other worked cereal grains  
except rice falling within heading No 10.06; germ of  
cereals, whole, rolled, flaked or ground.
11.04
AFlour of the dried Leguminous vegetables falling within  
heading No 07.05
15.07
AOlive Oil
15.07 
D IIFixed vegetable oils, fluid or solid, crude, refined or  
purified other than olive oil, China-wood and ortica oils;  
myrtile wax and Japan wax, castor oil and other oils for  
technical or industrial uses other than the manufacture  
of foodstuffs for human consumption.
17.01 
A + BBeet sugar and cane sugar, in solid form