20. 8. 80 Official Journal of the European Communities No C 212/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation laying down general rules for the supply as food aid of 
products other than cereals, skimmed-milk powder or butteroil to certain developing 
countries and specialized bodies 
(Submitted by the Commission to the Council on 1 August 1980) 
THE COUNCIL OF THE EUROPEAN 
COMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 43, 209 and 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Court of 
Auditors. Whereas the Commission must be in a^ position to 
meet the needs of certain developing countries and 
specialized bodies for some of those products; 
Whereas such products may be available either on the 
Community market or on the world market par­
ticularly in producing areas near the developing 
countries with a shortfall; 
Whereas in supplying these products regard should be 
had to their availability within the Community and 
the need to avoid disturbing market conditions; 
Whereas the Council by its resolution of 16 July 1974 
agreed to diversify the range of products to be 
supplied and to adapt it to the needs of recipient 
countries, taking into account availabilities within the 
Community; Whereas there is a need to respond effectively to the 
needs expressed by certain developing countries and 
specialized bodies, particularly in emergencies; 
Whereas the Council by its Decision of 22 March 
1977 agreed to the improvement of the Community's 
food aid strategy ('); 
Whereas to make up their nutritional shortfall, certain 
developing countries and specialized bodies require 
products other than those normally supplied by the 
Community as food aid; 
(') S/534/77 of 29. 3. 1977. Whereas supplies must be delivered at the cheapest 
possible price; whereas in order to achieve that aim it 
is necessary to make provision for a tendering 
procedure; whereas in exceptional cases it may, 
however, in the interests of speed, be preferable to 
have recourse to a direct agreement procedure; 
Whereas, in order to enable the aid to be used 
effectively, provision should be made for the 
financing of certain transport and distribution costs, 
No C 212/4 Official Journal of the European Communities 20.8.80 
HAS ADOPTED THIS REGULATION: Article 4 
Article 1 
Products other than cereals, skimmed milk powder or 
butteroil may be made available as food aid to 
developing countries and specialized bodies. 
Article 2 
The nature of the products referred to in Article 1 
shall be determined by the Council acting by a 
qualified majority on a proposal from the 
Commission. 
Article 3 
1. The cost of the products delivered to the port of 
shipment or a corresponding stage shall be covered by 
the Community. 1. The products to be supplied shall be procured in 
the Community. However, in an emergency or where 
supplies are not available on the Community market 
on normal terms, they may be procured by purchase 
on the world market. 
2. Where the products to be supplied are subject to 
a common organization of the market, the 
procurement terms shall be determined by the 
Commission in accordance with the management 
committee procedure. 
3. Where the products to be supplied are not 
subject to a common organization of the market, the 
procurement terms shall be determined by the 
Commission, derogating if necessary from Articles 50 
to 58 of the Financial Regulation. 
Article 5 
2. In exceptional cases, and in particular in the 
event of an emergency, the Community may also 
wholly or partially finance on the basis of a decision 
adopted in accordance with the procedure set out in 
Article 2 
— shipment to the frontier of the country and, 
possibly, to the places of destination, and 
— distribution, where the goods are distributed by a 
specialized body. 
3. The costs referred to in paragraph 2 shall be 
paid by the Commission to the recipient country or 
body either wholly or in part or as a lump-sum 
contribution where arrangements for implementation 
so provide. Without prejudice to Article 3 (3), invitations to 
tender shall be issued for delivery of the products, 
including packing, labelling and forwarding to the 
port of shipment or a corresponding stage, save in 
exceptional cases where a direct agreement procedure 
may be used. 
Article 6 
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.