COMMISSION OF THE EUROPEAN COMVIUNITIES 
COM(90) 193 final 
Brussels, 4 May 1990 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulations (EEC) 
N° 3972/86 on food-aid policy and food-aid management, NT 2507/88 on the 
implementation of storage programmes and early warning systems and 
N° 2508/88 on the implementation of co-financing operations for the 
purchase of food products or seeds by international bodies or non­
governmental organisations 
(presented by the Commission) 
Explanatory Um*srm6im 
1. Council Regulation (E.E.C.) 3972/86 
1.1. Council Regulation (E.E.C.) 3972/86 on food aid policy and food 
aid management was adopted on 22nd December 1986, on the basis 
of article 235 of the Treaty establishing the E.E.C. 
This regulation had an expiry date fixed at 31 December 1987, 
discussions being still In course about the general question of 
the whole com!to logy system within the Community. 
The type of committee established by the Regulation resulted 
in fact In a hybrid of the Management committee (Procedure II) 
and the 'Regulatory' type of committee (Procedure III) 
subsequently defined by Council Decision (87/373/E.E.C.) of 
13th July, 1987. 
1.2. Therefore on 16.10.87 the Commission presented to the Council a 
draft to amend Regulation (E.E.C.) no. 3972/86. This proposal 
intended to adapt the Food Aid Committee to the types of 
Committees established by the Decision of the Council of the 
13th July mentioned above. 
In its proposal, the Commission proposed a dual-purpose 
committee which would act as an advisory committee on matters 
concerning allocation of food aid (1) and as a management 
committee when called on to deliver an opinion on provisions 
concerning food aid management procedures. 
Thus, in respect of the apportionment of quantities among the 
recipients and the adjustment of allocation during the 
implementation of the programme an advisory committee, 
Procedure I of Decision 87/373/EEC, was proposed. 
Regarding the list of products, the total quantities and the 
rules for mobilising products, the Commission proposed that the 
Food Aid Committee should work according to Procedure II, 
variant (a) as provided for in Decision 87/373/EEC. 
1.3. The Parliament Introduced an amendment to the Commission's 
proposal which was accepted by the latter and presented to the 
Council (DOC LET/87/14316 of 26.XI/87). This amendment aimed 
to make the Food Aid Committee act as an advisory committee 
also for the establishment of the annual global quantities. 
Nevertheless, the Member States did not reach agreement on this 
proposal and the Council decided on 14th December 1987 to 
extend the validity of Regulation no. 3972/86 for a six month 
period. (Regulation (EEC) No 3785/87 of 18.12.1987). 
(1) Except In case of emergency, where the Regulation provides for 
decisions taken by the Commission alone. 
The Commission requested the inclusion In the Council minutes 
of a declaration underlining that the Commission draft 
proposal to amend Regulation (E.E.C.) no. 3972/86 was still 
under Council consideration. 
1.4. The validity of Regulation no. 3972/86 was initially extended 
for a one year period until 30th June 1989, (Regulation (EEC) 
no. 1870/88 of 30th June 1988) and subsequently until 30th June 
1990 then (Reg. (EEC) no. 1750/89 of 19th June). 
1.5. During the proceedings for this last extension the Commission 
asked for the inclusion within the Council minutes of a 
statement stressing that the extension of the framework 
Regulation, Insofar as it envisaged that the Commission would 
be assisted by the existing committee for all the powers 
referred to In article 5, would result In a deterioration of 
the decision making process. The Commission also stated that 
the procedure adopted by the Council did not comply with the 
rules of the Treaty, particularly article 205. 
2. Council Regulations (E.E.C.) 2507 and 2508/88 
2.1. Council Regulations (E.E.C.) 2507/88 on the implementation of 
storage programmes and early warning systems and 2508/88 on the 
Implementation of co-financing operations for the purchase of 
food products or seeds by International bodies or non­
governmental organisations were passed on 4th August 1988, both 
on the basis of article 235 of the Treaty establishing the 
E.E.C and both applicable till 30th June 1989. 
The Commission had proposed (COM (88) 448 final and COM (88) 
453 final) to establish the same type of committee as that 
envisaged to deal with similar measures in its proposal to 
amend the food aid framework Regulation i.e. a 'Consultative 
Committee'. 
The type of committee created by the Regulation as enacted 
corresponds to 'Procedure Ilia' ('Regulatory Committee') of 
Council Decision (87/373/C.C.E.) of 13th July 1987 except for 
the decisions in cases of emergency or of contributions 
involving amounts not exceeding 400.000 ECU which shall be 
taken by the Commission alone. 
2.2. The validity of both Regulations 2507/88 and 2508/88 was 
extended for a one year period, until 30th June 1990 
(Regulations (E.E.C.) 1751/89 and 1752/89 of 19.6.1989), while 
the Court judgement was awaited (see point 3). 
../. 
3. Court proceedings 
3.1. The Commission decided to initiate before the Court of Justice 
proceedings for annulment of the "com I to logy" provisions of 
Regulations 1870/88, 2507/88 and 2508/88. 
3.2. The Commission did not pursue the proceedings presented given 
the judgement of the Court In a similar case.O) the Court 
considering that the use of the "advisory committee" procedure 
was not necessarily required for measures having financial 
implications, and In particular that the "management committee" 
procedure was also permissible in this case. 
4. Act ion to be taken 
Regulations 3972/86, 2507/88 and 2508/88 expire on June 30th, 1990. 
Action is to be taken, before the expiry date, In respect of the type 
of committee to be established permanently for the decision making 
procedure. 
With a view to rationalising the decision making procedures in the 
field of food aid and complementary action closely related to It, the 
Commission proposes that, where it is assisted by the Food Aid 
Committee, this committee will be acting under the same procedure for 
all the decisions to be taken under Regulations (EEC) Nos 3972/86, 
2507/88 and 2508/88. 
The Commission proposes a management committee procedure (Procedure 
lia) for the three Regulations as It appears to be the most efficient 
and appropriate decision making process. 
The Commission requests the Council to adopt the annexed draft 
Régulât ion. 
(1) Court ruling of October 24th, 1989. Case No 16/88 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulations (EEC) 
No 3972/86 on food-aid policy and food-aid management, 
No 2507/88 on the implementation of storage programmes and 
early warning systems and No 2508/88 on the Implementation 
of co-financing operations for the purchase of food products 
or seeds by international bodies or non-governmental organisations 
THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Whereas Council Regulation (EEC) No 3972/86<1>, No 2507/88<2> and No 
2508/88(3) establish that, for the purpose of implementation of some of 
their provisions, the Commission shall be assisted by a committee; 
Whereas Council Decision 87/373/EEC(4> laid down the procedures for the 
exercise of implementing powers conferred on the Commission; 
Whereas the procedure for the Food Aid Committee laid down In Regulation 
(EEC) No 3972/86 does not conform to the rules set out in Decision 
87/373/EEC and should consequently be adapted with a view to complying with 
the said rules; 
Whereas the Food Aid Committee should also assist the Commission in the 
framework of Regulations (EEC) Nos 2507/88 and 2508/88 in accordance with 
the same procedure; whereas these Regulations should, therefore, be 
modified accordingly. 
Whereas Regulations (EEC) Nos 3972/86, 2507/88 and 2508/88 are applicable 
only until 30 June 1990 and should be given permanent effect; 
Whereas the Treaty has not provided, in the field of food aid policy, the 
necessary powers other than those of Article 235. 
(1) OJ No L 370, 30.12.1986, P. 1 and corrigendum In OJ L 42, 12.2.1987, P 
54 as last amended by Regulation (EEC) No 1750/89 of 19.6.1989 0J No L 
172 of 21.6.1989. 
(2) 0J No L 220, 11.8.88, P.1, as last amended by Regulation (EEC) No 
1751/89 of 19.6.1989 0J No L 172 of 21.6.1989. 
(3) 0J No L 220, 11.8.1988, P.4 as last amended by Regulation (EEC) No 
1752/89 Of 19.6.1989 0J No L 172 of 21.6.1989. 
(4) 0J No L 197, 18.7.1987, P.33. 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 3972/86 is hereby amended as follows: 
1. Article 7, par. 1, is replaced by the following: 
"Art icle 7, par. 1, 
The Commission shall be assisted by a Food Aid Committee, hereinafter 
referred to as "the Committee", composed of the representatives of the 
Member States and chaired by the representative of the Commission." 
2. Article 8 of Regulation (EEC) No 3972/86 Is replaced by the following: 
"Article 8 
Where recourse Is had to the procedure defined In this Article, the 
representative of the Commission shall submit to the committee a 
draft of the measures to be taken. The committee shall deliver its 
opinion on the draft within a time limit which the chairman may lay 
down according to the urgency of the matter. The opinion shall be 
delivered by the majority laid down In Article 148 (2) of the 
Treaty in the case of decisions which the Council is required to 
adopt on a proposal from the Commission. The votes of the 
representatives of the Member States within the committee shall be 
weighted in the manner set out in that Article. The chairman shall 
not vote. 
The Commission shall adopt measures which shall apply immediately. 
However, if these measures are not In accordance with the opinion 
of the committee, they shall be communicated by the Commission to 
the Council forthwith. In that event, the Commission may defer 
application of the measures which it has decided for a period of 
not more than one month from the date of such communication. 
The Council, acting by a qualified majority, may take a different 
decision within the time limit referred to in the previous 
paragraph." 
Article 2 
Regulations (EEC) Nos 2507/88 and 2508/88 are hereby amended as 
fol lows: 
In Article 8 para 1 of Regulation 2507/88 and 3 para 1. of Regulation 
2508/88, the words "shall be taken by the Commission" are replaced by 
"are adopted according to the procedure defined in paragraph 2". 
Article 8, pars 2 & 3, of Regulation 2507/88 and article 3, pars 2 & 3, 
of Regulation 2508/88 are replaced by the following par. 2: 
"The Commission shall be assisted by the Food Aid Committee established 
by article 7, par. 1, of Regulation (EEC) No 3972/86 according to the 
procedure laid down by article 8 of the said Regulation". 
2. Pars 4 of articles 8 and 3 of, respectively, Regulations (EEC) Nos 
2507/88 and 2508/88 become pars. 3. 
Article 3 
The second paragraph of articles 14, 13 and 9 of Regulations (EEC) No 
3972/86, 2507/88 and 2508/88, respectively, are deleted. 
Article 4 
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 
a I I Member States. 
Done at Brussels, 

ISSN 0254-1475 
COM(90) 193 final 
DOCUMENTS 
EN 19 
Catalogue number : CB-CO-90-192-EN-C 
ISBN 92-77-59900-6 
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