No C 264/8 Official Journal of the European Communities 3. 10.84 
where necessary, on-the-spot checks may be carried 
out throughout the whole of that period. 
Article 22 
The Commission shall report regularly to the Council 
and the European Parliament on the application of 
this Regulation. 
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 ('), and in particular the first, fourth, 
fifth, sixth and seventh indents of Article 4 (1) and 
(2) thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Whereas, in order to implement 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 entered into certain 
commitments under the Food Aid Convention; 
Whereas the Community also entered into certain 
commitments under a Convention concluded with the 
United Nations Relief and Works Agency for 
Palestine Refugees (UNRWA) (2); 
Whereas a list of the countries and organizations 
eligible for food-aid operations should be drawn up 
without prejudice to emergency operations; 
O OJ No L 352, 14. 12. 1982, p. 1. 
O OJ No L 188, 16. 7. 1984, p. 17. Article 23 
This Regulation shall enter into force on 1 January 
1985. 
It shall apply until 31 December 1989. 
The Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Whereas provision should also be made for the 
possibility of making food aid available to non­
governmental organizations, whereas the latter must 
meet certain conditions guaranteeing the successful 
execution of food-aid operations; 
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 also 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 ensure that the effectiveness of 
the food-aid operations is increased; 
Whereas, in order to ensure that the objectives of 
food-aid operations are attained, it is furthermore 
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 mobilizing, transporting and 
delivering the products should be specified; whereas it 
is also necessary to determine the procedure for 
mobilizing the 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 all relevant information; 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) 481 final 
(Submitted by the Commission to the Council on 13 September 1984) 
(84/C 264/05) 
3.10.84 Official Journal of the European Communities No C 264/9 
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, 
however, it is not intended to lay down multiannual 
quantities of food aid, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The quantities of products to be made available 
each year to certain developing countries and certain 
organizations as food aid are indicated in Annex I. 
The products listed in the fourth, fifth and sixth 
indents of Annex I shall be made available to certain 
developing countries or certain organizations under 
international commitments or 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 laid down in 
Annex II. 
Article 2 
1. The countries and organizations eligible to 
receive the aid referred to in Article 1 are listed in 
Annex III. 
2. The aid may also be placed at the disposal of 
non-governmental oganizations which must inter alia: 
(a) have their headquarters in a Member State of the 
Community 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 
supply terms laid down by the Commission 
pursuant to Article 6 of Regulation (EEC) No 
3331/82. 
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 on the 
list of least-developed countries, — whether or not the recipient country is a land­
locked country, 
— the financial situation of the recipient country, 
— whether the food aid is intended for the organi­
zations or non-governmental organizations 
referred to in Article 2, 
— the need to mobilize the product on the market of 
a developing country, 
— the need to allocate the food-aid on an emergency 
basis, 
— the need to make a given food-aid operation more 
effective. 
Article 4 
Distribution costs may, in exceptional circumstances, 
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 supply 
terms 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 
Community market, tenders shall be called for within 
the Community: 
— for the mobilization 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 
after mobilization. 
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 instruct the Member States and, where 
appropriate, an authorized agent to conclude such 
contracts on terms laid down by the Commission. 
No C 264/10 Official Journal of the European Communities 3.10.84 
Article 7 Article 9 
1. The Commission shall lay down rules for the 
mobilization 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 to 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 relevant information. 
Article 10 
The European Parliament shall be kept informed of 
the management of food aid by being notified of the 
decisions taken pursuant to 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 I 
Quantities referred to in Article 1 (1) made available for 1985 (') 
For cereals: 
(a) an initial instalment of 927 663 tonnes, 
(b) a second instalment of up to 232 337 tonnes. 
For milk powder: a maximum of 150 000 tonnes. 
For butteroil: a maximum of 40 000 tonnes. 
For sugar: a maximum of 11 000 tonnes. 
For vegetable oil (seed oil and olive oil): a maximum of 12 600 tonnes. 
For other products, quantities equivalent to not more than 162 000 tonnes of cereals. 
(') The Commission reserves the right to change these quantities according to the outcome of the 
budgetary procedure or in the event of increased food crises in certain regions. 
3. 10. 84 Official Journal of the European Communities No C 264/11 
ANNEX II 
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 
08.04 B 
ex Chapter 10 
(ex 10.01 to 10.07) 
11.01 
ex 11.02 
11.04 A 
15.07 A 
15.07 D II 
16.04 D 
ex 16.04 F 
17.01 A and B 
ex 19.03 
19.08 B I a) 
21.07 G 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) 
Dried grapes 
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 of 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 
Mackerel and anchovies 
Beet sugar and cane sugar, in solid form 
Macaroni, spaghetti and similar products 
Biscuits 
Food preparations not specified 
No C 264/12 Official Journal of the European Communities 3.10. 84 
ANNEX III 
Countries and organizations referred to in Article 2 
Angola 
Antigua and Barbuda 
Bangladesh 
Benin 
Bolivia 
Botswana 
Burma 
Burundi 
Cape Verde 
Central African Republic 
Chad 
China 
Comoros 
Costa Rica 
Djibouti 
Dominican Republic 
Dominica 
Ecuador 
Egypt 
Equatorial Guinea 
Ethiopia 
Gambia 
Ghana 
Grenada 
Guinea 1. COUNTRIES 
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 
Saint Christopher and Nevis 
St Lucia 
St Vincent and Grenadines 
Sao Tome and Principe 
Senegal 
Seychelles 
Sierra Leone 
Somalia 
Sri Lanka 
Sudan 
Syria 
Swaziland 
Tanzania 
Thailand 
Togo 
Tunisia 
Uganda 
Upper Volta 
North Yemen (Arab Republic) 
South Yemen (Democratic Republic) 
Zaire 
Zambia 
Zimbabwe 
2. ORGANIZATIONS 
ICRC 
LICROSS UNHCR 
UNRWA WFP 
UNICEF