TEXT PROPOSED BY THE COMMISSION AMENDMENT

Amendment 1

Proposal for a regulation – amending act Recital 1

(1) Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organisations for distribution to the most deprived persons in the Community, subsequently repealed and integrated into Council Regulation (EC) No 1234/2007, has provided a reliable source of food for distribution to the most deprived persons of the Community for more than two decades. (1) Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organisations for distribution to the most deprived persons in the Community, subsequently repealed and integrated into Council Regulation (EC) No 1234/ 2007, has provided a reliable source of food for distribution to the most deprived persons of the Community for more than two decades and has positively contributed to the cohesion of EU regions by reducing economic and social disparities between regions which have different levels of development .

Amendment 2

Proposal for a regulation – amending act Recital 2

(2) The objectives of the Common Agricultural Policy (CAP) as defined in Article 33(1) of the Treaty include stabilising the markets as well as ensuring that supplies reach consumers at reasonable prices. Over the years the food distribution plans implemented under the scheme have successfully underpinned the fulfilment of both objectives and, by reducing the food insecurity of the most deprived persons in the Community, have proven to be an essential tool contributing to guarantee broad availability of food within the Community while reducing the intervention stocks. (2) The objectives of the Common Agricultural Policy (CAP) as defined in Article 33(1) of the Treaty include stabilising the markets as well as ensuring that supplies reach consumers at reasonable prices. Over the years the food distribution plans implemented under the scheme have successfully underpinned the fulfilment of both objectives and, by reducing the food insecurity of the most deprived persons in the Community, have proven to be an essential tool contributing to guarantee broad availability of food within the Community while reducing the intervention stocks. The new Community food aid scheme for the most deprived persons should continue to guarantee the aims of the CAP and help achieve cohesion objectives by ensuring balanced, harmonious sustainable development for all regions .

Amendment 3

Proposal for a regulation – amending act Recital 5

(5) The current food distribution scheme relies on the distribution of products from Community intervention stocks supplemented, on a temporary basis, by purchases on the market. However, successive reforms of the CAP and favourable developments of producer prices have resulted in a progressive reduction in intervention stocks, as well as the range of products available. Consequently, market purchases should also be made a permanent source of supply for the scheme to complement intervention stocks, where suitable intervention stocks are not available. (5) The current food distribution scheme relies on the distribution of products from Community intervention stocks supplemented, on a temporary basis, by purchases on the market. However, increasing strains in the world market for primary agricultural products and the phasing out of tools for the orientation of production and stocks applied under successive reforms of the CAP , have reduced the EU's food self-sufficiency in terms of the quantity and range of products available and its capacity to respond to the food needs of its most deprived citizens or to any food crises or international speculation. Nevertheless, the EU cannot, from one day to the next, halt a programme which has already been launched . Consequently, market purchases should also be made a permanent source of supply for the scheme to complement intervention stocks, where suitable intervention stocks are not available. Purchases on the market should be effected in a competitive manner, while encouraging the purchase of products of Community origin.

Amendment 4

Proposal for a regulation – amending act Recital 6

(6) A Community scheme cannot constitute the sole response to the growing needs for food aid in the Community. National policies implemented by public administrations and the mobilisation of civil society are equally necessary to provide food security for the most deprived. A Community scheme with a strong cohesive element might, however, serve as a model for the distribution of food to the most deprived, help create synergies and encourage public and private initiatives aimed at increasing the food security of persons in need. Furthermore, given the geographical dispersion of the reduced available intervention stocks in the Member States, it can contribute to their best use. The Community scheme should therefore also be without prejudice to any such national policies. (6) A Community scheme cannot constitute the sole response to the growing needs for food aid in the Community. National policies implemented by public administrations and the mobilisation of civil society are equally necessary to provide food security for the most deprived. A Community scheme with a strong cohesive element might, however, serve as a model for the distribution of food to the most deprived, especially in the less developed regions, help create synergies and encourage public and private initiatives aimed at increasing the food security of persons in need. Furthermore, given the geographical dispersion of the reduced available intervention stocks in the Member States, it can contribute to their best use. The Community scheme should therefore also be without prejudice to any such national policies.

Amendment 5

Proposal for a regulation – amending act Recital 7

(7) In order to fully benefit from the cohesive dimension of the Community scheme and reinforce the synergies thereby created, and in order to ensure proper planning, provision should be made for Member States to co-finance the food distribution programme. Maximum Community co-financing rates should be provided for and the Community financial contribution should be added to the list of measures eligible for financing by the European Agricultural Guarantee Fund (EAGF) set out in Article 3(1) of Council Regulation (EC) No 1290/2005. Higher co-financing rates should apply in the first years of application of the revised scheme in order to ensure the continued high take-up of funds, the gradual phase in of co-financing, to allow for a smooth transition and to avoid the risk of discontinuation of the scheme due to a possible lack of resources. deleted

Amendment 7

Proposal for a regulation – amending act Recital 9

Experience has shown that certain improvements in the management of this scheme are desirable, in particular to provide Member States and designated organisations with a longer term perspective through multi-annual plans. The Commission should therefore establish three-year-plans for the implementation of the scheme, based on the Member States requests to be communicated to the Commission and other information considered relevant by the Commission. Member States should base their requests in terms of food products to be distributed within any three-year-plan on national food distribution programmes setting out their objectives and priorities for food distribution to the most deprived persons. The Commission should define an objective methodology for allocating available funds. (9) Experience has shown that certain improvements in the management of this scheme are desirable, in particular to provide Member States and designated organisations with a longer term perspective through multi-annual plans. The Commission should therefore establish three-year-plans for the implementation of the scheme, based on the Member States requests to be communicated to the Commission and other information considered relevant by the Commission. Member States should base their requests in terms of food products to be distributed within any three-year-plan on national food aid programmes setting out their objectives and priorities for food distribution to the most deprived persons. The Commission should define an objective methodology for allocating available funds. In exceptional circumstances, and where the numbers of those in need have increased beyond what was forecast, Member States may ask the Commission to revise the plans.

Amendment 8

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 1

1. Products in intervention stocks shall be made available or food products shall be purchased on the market so that food products may be distributed to the most deprived persons in the Community through organisations designated by Member States. 1. Products in intervention stocks shall be made available or food products of Community origin shall be purchased on the market, with preference given to locally-produced fresh food products, so that food products may be distributed to the most deprived persons in the Community through organisations designated by Member States.

Food products shall be purchased in the market only where intervention stocks suitable for the food distribution scheme are not available. Food products of Community origin shall be purchased in the market only where intervention stocks suitable for the food distribution scheme are not available.

Amendment 9

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 2

2. Member States wishing to participate in the scheme shall communicate to the Commission national food distribution programmes, containing requests for amounts of food products to be distributed during a three-year period and other relevant information. 2. Member States wishing to participate in the scheme shall communicate to the Commission national food aid programmes, containing details of their main characteristics and objectives, the organisations concerned, the requests for amounts of food products to be distributed during a three-year period and other relevant information.

Amendment 10

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 3 – subparagraph 2

The three-year plan shall set out annual financial allocations by the Community per Member State and minimum annual financial contributions of Member States, determined by the Commission in accordance with a methodology to be set out in the implementing rules adopted in accordance with Article 43(g). Allocations for the second and third year of the programme shall be indicative. Member States participating in the scheme shall confirm every year the requests referred to in paragraph 2. Following these confirmations, the Commission shall decide each subsequent year on the definitive allocations, within the limits of the appropriations available in the budget. The three-year plan shall set out annual financial allocations by the Community per Member State, determined by the Commission in accordance with a methodology to be set out in the implementing rules adopted in accordance with Article 43(g). Allocations for the second and third year of the programme shall be indicative. Member States participating in the scheme shall confirm every year the requests referred to in paragraph 2. Following these confirmations, the Commission shall decide each subsequent year on the definitive allocations, within the limits of the appropriations available in the budget.

Amendment 11

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 4 – subparagraph 3a (new)

Those organisations shall display an information panel at distribution points, or attach a sticker to mobile distribution units, indicating that they are recipients of the Community food aid programme. This shall be the means of informing beneficiaries that they are receiving Community support.

Amendment 12

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 5 – point b

(b) keep the Commission informed in a timely manner on developments affecting the implementation of the food distribution programmes. (b) keep the Commission informed on developments affecting the implementation of the food distribution programmes.

Amendment 13

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 6 – subparagraph 1 – point b

(b) the cost of food products purchased on the market. (b) the cost of food products purchased on the market on the basis of competitive procedures .

Amendment 14

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 6 – subparagraph 2 – point b

(b) costs of transport of food products and administrative costs for the designated organisations directly linked with the implementation of the scheme. (b) costs of transport and storage of food products and administrative costs for the designated organisations directly linked with the implementation of the scheme.

Amendment 15

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 6 a (new)

6a. The Member States shall set a ceiling, corresponding to the percentage of products purchased or bartered, for all transport, storage and administrative costs (including communication costs), taking account of local conditions where necessary. The financial provision shall be divided by the Member States between these three items of expenditure. All appropriations not used under this provision may be reallocated to the purchase of food.

Amendment 16

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 7 – subparagraph 1

7. The Community shall co-finance the eligible costs under the scheme. 7. The Community shall finance the eligible costs under the scheme.

Amendment 17

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 7 – subparagraph 2 – introductory part

The Community co-financing rate shall not exceed: deleted

Amendment 18

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 7 – subparagraph 2 – point a

(a) for the three-year plan starting on 1 January 2010, 75 % of the eligible costs, or 85 % of the eligible costs in the Member States eligible for funding from the Cohesion Fund for the period 2007-2013, as listed in Annex I to Commission Decision 2006/596/EC; deleted

Amendment 19

Proposal for a regulation – amending act Article 2 – point 1 Regulation (EC) No 1234/2007 Article 27 – paragraph 7 – subparagraph 2 – point b

(b) for subsequent three year plans, 50 % of the eligible costs, or 75 % of the eligible costs in the Member States eligible for funding from the Cohesion Fund in a given year, as listed in Annex I to Decision 2006/596/EC and in subsequent decisions. deleted

Amendment 20

Proposal for a regulation – amending act Article 2 – point 3 Regulation (EC) No 1234/2007 Article 184 – point 9