Proposal for a COUNCIL REGULATION ( EEC ) on urgent action for the supply of agricultural products to the people of Moscow and St Petersburg
Date: 1991-12-13
Institutions: European Commission
Subjects: Bavaria, State aid, aid to undertakings, man-made fibre, restriction on competition

COMMISSION  OF  THE  EUKOPEAN  COMMUNITIES 

C0M(91) 555 final 

Brussels, 16 December 1991 

Proposal for a 

COUNCIL REGULATION (EEC) 

on urgent action for the supply of agricultural products 
to the people of Moscow and St Petersburg 

Proposal  for a 

COUNCIL REGULATION (EEC) 

on urgent action for the supply of  food products 
to the people of Moscow and St Petersburg 

(presented by the Commission) 

I 

EXPLANATORY MEMORANDUM 

At  its meeting on 9 and 10 December  1991, the European Council approved the 
principle of granting food aid to the people of Moscow and St Petersburg  in view 
of the problems of supply  in those two cities. 

In the light of experience acquired  in the implementation of aid to the Soviet 
Union  in 1991, the Commission proposes a similar measure to the action taken 
previously. 

Accordingly, in view of the urgent need for the supply of food aid, the 
Commission hereby transmits to the Council this proposal  for two Regulations, in 
anticipation of their swift adoption. 

As soon as a list  is produced of the requirements of the cities concerned, the 
products requested will be made available free of charge  in accordance with the 
provisions  laid down  in those Regulations. 

The Commission urges that the Regulations be adopted by the Council without delay 
in order that practical measures may be taken swiftly to ensure that the aid Is 
channelled to the cities directly. 

-v^.-Vsv 

COUNCIL REGULATION  (EEC) No 

on urgent action for the supply of agricultural products 
to the people of Moscow and St Petersburg 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

F 
L 
Having regard to the Treaty estabIishing the European EconomIc Community, and in 

particular Articles 43 and 235 thereof. 

Having regard to the proposal  from the Commission*1), 

Having regard to the opinion of the European Par I lament*2*. 

Having regard to the opinion of the Economic and Social  Committee*3), 

-

Whereas agricultural products should be made available to Moscow and 

St Petersburg  in order to improve the food supply to the inhabitants of those 

cities, taking account of the diversity of the  local situations, without 

ieopardizing progress towards a system of supply based on market fuies; whereas 

the CommunHy  has agricultural products in storage as a result of  intervention 

measures and,  in view of the situation on the market, priority should be given, 

in carrying out  this action, to supplying these products; whereas, furthermore, 

provision should be made for mobilizing agricultural products on the Community 

market  in response to specific requests; whereas regularization of the 

agricultural markets may also be achieved by supplying such products  in processe 

form; 

(1) OJ No C 
(2) Opinion delivered on 

(not yet published  in the Official Journal) 

lereas  the action  proposed  is essentially  humanitarian  in  its aim  and  should 

ierefore be based  also upon  Article  235 of  the  Treaty; 

lereas  it  is necessary  to verify  that  the  agricultural  products  supplied  to the 

ties  in question  under  this measure  are used  as  intended; whereas, apart  from 

te powers of  the Court  of  Auditors  in this  regard,  the Commission  must  be 

'forded  the opportunity  of  monitoring  the operations  in quest ion, with  the  help, 

'  necessary, of  external  monitoring  bodies; 

lereas  it  is for  the Commission  to  lay down  detailed  rules  for  implementing  this 

>asure, 

VS ADOPTED  THIS REGULATION: 

Article 1 

he Community  shall  take urgent  action  to supply  the  people of  Moscow  and 

t Petersburg  with  agricultural  products.  Expenditure  on  this  action  shall  be 

\m)jtéà 

to  ECU  (budget)  150 million. 

Article  2 

>r the purposes of  this  action: 

the Community  shall  transfer  agricultural  products  available as a  result  of 

intervention  free of  charge;  in response  to specific  requests  concerning 

products  not  available  from  intervention  stocks, products  may  be mobilized  on 

the Community  market; 

supply  costs shall  be met  by  the Community  and  suppliers  shall  be  chosen  by 

tendering  procedure.  Transport  costs  shall  be borne  by  the Community  unless 

the  recipients  themselves  take  the products  over  in the Community.  These 

costs may  include  processing  of  products mobilized  as provided  for  in 

paragraph  1; 

3.  for  reasons  arising  from  the urgency  of  the  action,  the Commission  may  choose 

the supplier  by  direct  agreement; 

4.  no export  refund  shall  be granted,  or  monetary  compensatory  amounts  applied, 

in respect  of  the products  supplied  under  this  action. 

Art icle  3 

The  accounting  value of  the  products  transferred  shall  be  determined  using  the 
procedure  laid  down  in Article  13 of  Regulation  (EEC) No  729/70*4),  as  last 
amended  by  Regulation  (EEC) No  2048/88(5). 

J 

i 
i 

i 

Article  4 

The Commission  shall  be  responsible  for  verifying  the  delivery  operations  and  the 

application of  the criteria  adopted  when  the  aid  is distributed  to  the  people 

concerned. 

Art icle  5 

1.  The  Commission  shall  be  responsible  for  implementing  this  action. 

2.  Detailed  rules  for  the application of  this  Regulation  shall  be adopted  in 

accordance  with  the procedure  laid  down  in Article  5(2) of  Council  Regulation 

(EEC) No 598/91  of  5 March  1991  on urgent  action  for  the  supply  of 

agricultural  products  intended  for  the  people  of  the  Soviet  Union*^). 

Art icle  6 

This Reguiation  sha11  enter  into  force  on  the day  following  that  of  its 

publication  in the Off ici a I Journal  of  the  European  Communities. 

This Reguiation  shall  be binding  in  its entirety  and  directly  applicable  in alI 

Member  states. 

Done  at  Brussels, 

For  the  Council 

The  President 

COUNCIL REGULATION (EEC) No 

on urgent action for the supply of  food products 
to the people of Moscow and St Petersburg 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Economic Community, 

Having regard to Council Regulation (EC) No 2727/75 of 29 October  1975 on the 
common organization of the market  in cereals*1), and  in particular Articles 7(5) 

and (8) thereof, 

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common 
organization of the market  in milk and milk products*2), and  in particular 

Articles 6(6) and 7(4) thereof, 

Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common 
organization of the market  in beef and veal*3), and  in particular Articles 6(5) 

and 7(2) thereof, 

Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common 
organization of the market  in fruit and vegetables*4), and  in particular Article 

35 thereof. 

Having regard to the proposal  from the Commission, 

(1) OJ No L 281, 1.11.1975, p.1. 
(2) OJ No L 148, 28.8.1988, p. 13. 
(3) OJ No L 148, 29.8.1988, p. 24. 
(4) OJ No L 118. 20.5.1972, p. 1. 

Whereas the market  for certain agricuttura I products may  feature production 

situations which make  it possible to dispose of such products on special terms; 

Whereas,  in order to give effect  to the conclusions of  the European Council of 

and 10 December  1991, the purpose of which was the supply of food aid to Moscoi 

and St Petersburg, provision should be made for making agricultural  products 

available to those cities  in order  to improve conditions of supply to their 

respective populations-, whereas, in the case of some of these products, the 

measures required could be adopted by the Commission  itself, pursuant  to the 

Regulations  in force; 

f 

Whereas  it is for the Commission to lay down the detailed rules for the 

application of this measure, 

HAS ADOPTED THIS REGULATION: 

• 

!: 

AftiçjS 1 

An emergency measure  is hereby adopted, under  the-conditions: laid down below, 1 

free supply to Moscow and $t Petersburg of certain food products to be 

determined, avai table as a result of  intervention. 

•  •• ». 

' 

Article 2 

| 
"""  - •  - Î 

1.  Tfie products may be supplied unprocessed or  1» processed form.; 

:  "^ * 

2.  The^neasure may also relate to food5 products mobi I ized through a commercial 

exchange of products from intervention storage against' goods belonging" <© t 

same group of products. 

;  -

3.  The  supply  costs,  including  transport  and,  where  applicable,  processing, 

shall  be  determined  by  invitation  to  tender  or, on  account  of  the  urgency  of 

the situation, by  direct-agreement  procedure. 

4.  The  costs  shall  be  reimbursed  to  the operators  concerned  in respect  of 

products  for  which  proof  is provided  that  they  have  reached  the  delivery 

stage  laid  down. 

5.  Products  consigned  pursuant  to  this  Regulation  shall  not  qualify  for  export 

refunds  and  shall  not  be  subject  to  the  arrangements  concerning  monetary 

compensatory  amounts. 

Art icle  3 

The  detailed  rules  for  the application of  this Regulation  shall  be  adopted  in 

accordance  with  the procedure  laid  down  in Article  26 of  Regulation  (EEC) No 

2727/75 or, as  the case may  be,  in the  corresponding  Articles  in the other 

Regulations on  the common  organization  of  the markets  in question. 

Art icle  4 

The  Commission  shall  be  responsible  for  verifying  the  delivery  operations  and  for 

the  application of  the  criteria  adopted  when  the  aid  is distributed  to  the  people 

concerned. 

3 

A r t i c le  5 

This Regulation  shall  enter  into force on  the day of  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. 

Done at Brussels, 

For  the Council 

The  President 

"7o 

DECLARATION DE LA COMMISSION 

P. V. DU CONSEIL 

Conformément  aux  conclusions du Conseil  européen des  9 et  10 décembre 
1991,  l'action  est  prise  en  charge  sur  des  crédits  FEOGA-  Garantie 
reportés de  l'exercice 1991. 

La  fiche  financière sera établie  lorsque  les autorités  compétentes de 
destinât ion auront  fait part de leurs besoins exacts. 

COMMISSION 
DES 
COMMUNAUTES  EUROPEENNES 

/ > ") 

P R O P O S I T I ON  DE  VIREMENT 

BUDGET  GENERAL  1 9 91 

SECTION  I II  -  COMMISSION 

PARTIE  B  -  CREDITS  OPERATIONNELS 

VIREMENTS  DE CHAPITRE  A  CHAPITRE 

EN  ECU 

1 . DU  CHAPITRE  B 0 1 - 3?  -  APURJMENT  DES EXERCICES  ANTERIEURES  ET CREDITS 

RESIDUEL 

(-ISO» ©00.000,00 

ARTICLE  B01-37©  -  APUREMENT  DES EXERCICES  ANTERIEURS  ET  CREDITS  RESIDUELS 

- 15ÎJ S00.000 

2.  AU CHAPITRE  B 8 1 - 18  -  AUTRES  SECTEURS  OU  PRODUITS  VEGETAUX 

ARTICLE  B S 1 - 1 89  -  AUTRES 

POSTE  B 0 1 - 1 6 90  - 

. 

(150 000.000,0c 

150  .000.000 

ISSN 0254-1475 

COM(91) 555 final 

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