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
Date: 1990-05-04
Institutions: European Commission
Subjects: co-financing, food aid, foodstuff, purchase, seed, storage

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

COM(90)  193  f i n al 

B r u s s e l s, 

4  May  1990 

Proposal  f or  a 

COUNCIL  REGULATION  (EEC) 

amending  Regulations  (EEC) 

N°  3972/86  on  f o o d - a id  p o l i cy  and  f o o d - a id  management,  NT  2507/88  on  the 
implementation  of  storage  programmes  and  e a r ly  warning  systems  and 
N°  2508/88  on  the 
for  the 
purchase  of 
governmental  o r g a n i s a t i o ns 

implementation  of  c o - f i n a n c i ng  o p e r a t i o ns 

i n t e r n a t i o n al  bodies  or  non 

food  products  or  seeds  by 

(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. 

1.4. 

1.5. 

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. 

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). 

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. 

3.2. 

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. 

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. 

The  second  paragraph  of  articles  14,  13  and  9  of  Regulations  (EEC)  No 
3972/86,  2507/88  and  2508/88,  respectively,  are  deleted. 

Article  3 

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 

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