Proposal for a COUNCIL REGULATION (EEC) on urgent action for the supply of foodstuffs to the victims of the conflict in the former Yugoslavia
Date: 1992-07-23
Institutions: European Commission
Subjects: Yugoslavia, agricultural product, civil war, civilian victim, emergency aid, food aid

COMMISSION  OF  THE EUROPEAN  COMMUNITIES 

C0M(92) 357 final 

Brussels, 23 July 1992 

Proposal  for a 

COUNCIL REGULATION (EEC) 

on urgent action for the supply of agricultural products 

to the victims of the conflict  In forwer Yugoslavia 

Proposal  for a 

COUNCIL REGULATION  (FFC) 

on urgent  action  for the supply of  foodstuffs  to the 

victims of the conflict  in the  former  Yugoslavia 

(presented by the Commission) 

^ 

Explanatory  Memorandum 

At  Its meeting  of  26 and  27 June, the  European  Council  expressed  grave 

concern  at  the  Increasingly  intolerable plight  of  hundreds of  thousands of 

displaced  persons  in what  was Yugoslavia.  Although  other  bodies, most 

notably  the UNHCR, have  already  launched •". :-«rr**'^r.s, the  European  council 

saw  a need  for  substantial  additional  financial  aid  and  astced  the 

Commission  to coordinate  measures  with  the G—24  countries. 

On  2 July  the Commission  responded  by granting  ECU  47.5 million  in 

emergency  aid,1  comprising  ECU  10 million  from  heading  67-5000 of  the  1992 

budget  and  ECU 37.5 million under  Operation  PHARE,  and  proposed  to the 

Council  that  a further  ECU 72.5 million  be provided  from  the  E A G G F.  The 

Community  would  therefore  be providing  ECU  120 million  in emergency  aid. 

The  Commission  has asked  the G—24 countries  to commit  an equivalent  amount: 

this combined  effort  should  cover  certain  needs  for  three months. 

In the  light of  the above  and  the pressing  need  for  food  aid,  the 

Commission  is presenting  this proposal  for  a Regulation  to  the Council  for 

adoption  forthwith. 

1  This  aid  Is  In addition  to  ECU 49 million  already  granted  under  Item 

B7-5000 and  PHARt-

COUNCIL REGULATION  (EEC) No 

Of 

on urgent  action  for  the supply of agricultural  products 

to the victims of  the conflict  In former  Yugoslavia 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES. 

Having  regard  to the Treaty establishing  the European  Economic  Community, 

Having  regard  to Council  Regulation  (EEC) No 2727/75 of  29 October  1975 on 
the common organization of  the market  In cereals,1  and  in particular 

Article 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 Council  Regulation  (EEC) No. 1418/76 of  21 June 1976 on 

the common organization of the market  in rice  (5), and  in particular 

Article  5 thereof. 

0J  No L 281, 1.11.1975, p.1.  Regulation as  last amended  by Regulation 
(EEC) No 3577/90 (OJ No L 353, 17.12.1990, p. 23). 
0J No L 148, 28.6.1968, p. 13.  Regulation  as  last amended by 
Regulation  (EEC) No 1630/91  (0J No L  150, 15.6.1991, p. 19). 
0J No L 148, 29.6.1968, p. 24.  Regulation  as  last amended by 
Regulation  (EEC) No 1628/91  (0J No L 150, 15.6.1991, p. 16). 
0J No L 118, 20.5.1972, p. 1.  Regulation  as  last amended by Régulâtior 
(EEC) No 1623/91  (OJ No L 150, 15.6.1991, p. 8. 
OJ No L 166, 25.6.1976, p. 1.  Regulation  as  last  amended  by  Regulation 
(EEC) No 674/92  (JO L 73 of  19.3.1992, P.7) 

H 

Having  regard  to the proposal  from  the  Commission, 

Whereas  the market  for  certain  agricultural  products may  feature production 

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

terms; 

Whereas  in application of  the European Council's conclusions  of  26 and 

27 June  1992 regarding  the supply of  substantial  additional  aid  to victims 

of  the conflict  in former  Yugoslavia, provision  should  be made  for making 

agricultural  products available  in order  to  improve  conditions of  supply  to 

these people; whereas,  in the case of  some of  these  products, the measures 

could  be adopted  by  the Commission,  pursuant  to  the  rules  in force; 

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

application of  this measure, 

HAS ADOPTED THIS REGULATION: 

Article 1 

An emergency  measure  is hereby  adopted, under  the conditions  laid down  in 

this Regulation,  for  free supply  to the victims of  the conflict  in former 

Yugoslavia  of  certain  foodstuffs  to be determined,  available  as a result of 

Intervention measures. 

The expense of  this measure  shall  be  limited  to ECU  35 million entered  in 

the general  budget  of  the European  Communities. 

s 

Article  2 

1. The products may  be supplied unprocessed  or  in processed  form. 

2. This measure may  also relate  to foodstuffs obtained  through  a  commercial 

exchange of products  from  Intervention  storage against  foodstuffs 

belonging  to the 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 

the supply  of  products  for which  proof  is provided  that  the products 

have  reached  the delivery  stage  laid down. 

5. Distribution  costs shall  be covered  according  to the usual  emergency  aid 

procedures. 

6. Products consigned  pursuant  to this Regulation  shall  not  qualify  for 

export  refunds and shall  not  be subject  to the arrangements  concerning 

monetary  compensatory  amounts. 

Article 5 

1.  The Commission  shall  be  responsible  for the execution  of  the  action. 

2.  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 
Regulations  (EEC) No 804/68, (EEC) No 805/68 and  (EEC) No 1035/",2 
and 1418/Ttf. 

Article  4 

The Commission  shall  be  responsible  for  supervising  the  delivery 

operat ions. 

G 

Article 

S 

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 

a I I Member  States. 

Done  at  Brussels, 

} 

COUNCIL  REGULATION  (EEC) No 

Of 

on urgent  action  for the  supply  of  foodstuffs  to  the 

victims of the conflict  in the  former  Yugoslavia. 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community, 

and  in particular  Articles  43 and  235 thereof  ; 

Having  regard  to the proposal  of the Commission  ; 

Having  regard to the opinion of the European  Parliament, 

Whereas  foodstuffs  should  be made  available  to the  victims  of  the  conflict 

in  the  former  Yugoslavia  in  order  to  improve  the  food  supply,  taking 

account  of the diversity  of  local  situations, without  jeopardizing  progress 

towards  a system  of  supply based  on market  rules  ; 

Whereas  the  Community  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  at  this  action,  to  disposing  of  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 processed  form  ; 

Whereas  the  action  proposed  is  essentially  humanitarian  in  its  aim  and 

should  therefore  be based  also upon Article  235 of  the Treaty ? 

Whereas  the  cost  of  food  aid  operations  carried  out  in  favour  of  the 

victims  of  the  conflict  in  the  former  Yugoslavia  since  16  October  1991 

should be, finally, charged  to the  appropriations  of  the EAGGF  guarantee  ; 

Whereas  it  is  necessary  to  verify  that  the  agricultural  products  supplied 

under this present measure  are used  as intended  ; 

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

V 

implementation  of this measure. 

HAS ADOPTED  THIS  REGULATION: 

Article  1 

An  emergency  measure  is  hereby  adopted  under  the  conditions  laid  down  in 

this  regulation,  for  the  free  supply  to the  victims  of  the  conflict  in  the 

former  Yugoslavia  of  certain  foodstuffs  to  be  determined,  available  as  a 

result  of  intervention  measures. 

In  the  case  of  specific  request  for  products  not  available  from 

intervention,  the products may be mobilised  on the  Community  market. 

Forming  part  of  this  urgent  action  will  be  the  foodstuffs  purchased  on  the 

Community  market  by  the  partners  of  the  Commission  as  emergency  aid  since 

16 October  1991. 

Expenditure  on  the  present  action  will  be  limited  to  ECU  72.5  million 

entered  in  the  general  budget  of  the  European  Communities,  taking  account 

of  the  amount  of  ECU.vV.million  provided  by  Regulation  (EEC)  No 

/92 

concerning  an  urgent  action  for  the  supply  of  agricultural  products 

intended  for the victims of the  conflict  in the  former  Yugoslavia. 

Article 2 

1.  The products may  be supplied  unprocessed  or  in processed  form. 

2.  This  measure  may  also  relate  to  foodstuffs  obtained  through  a 

commercial  exchange  of  products  from  intervention  storage  against 

foodstuffs  belonging  to the  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 

the  supply  of  products  for  which  proof  is  provided  that  the  products 

have reached  the delivery  stage  laid  down. 

2 

5.  The  costs  of  distribution  shall  be  taken  in  charge  in  accordance  with 

the usual  procedures  for emergency  aid. 

6.  The  products  consigned  pursuant  to  this  regulation  shall  not  qualify 

for  export  refunds  and  shall  not  be  subject  to  the  arrangements 

concerning  monetary  compensatory  amounts. 

Article 3 

1.  The Commission  shall be responsible  for the  execution  of the  action. 

2.  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  of  other  regulations  on  common  organisation  of 

the  market. 

Article  4 

The  Commission  shall  be  responsible  for  verifying  the  delivery  operations 

in accordance  with  the  normal  procedures  for emergency  aid. 

Article 5 

The present  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 

F I N A N C I AL 

S T A T E M E NT 

O a t*  : 

3 (2 n^ 

1.  BUOGET  HEAOING  : 

B 1 - 1 89 

APPROeiATiws  : 

2 20  M io  ECU 

2.  TITLE 

Proposed  regulations  concerning  an e m e r g e n cy  food  a id to v i c t i ms  of  t he 
conflict  in ex-Yugoslavia  : a) for t he supply  of  foodstuff 

b)  for t he supply  of a g r i c u l t u r al  p r o d u c ts 

3. LEGAL  BASIS  d e c i s i on  of t he Council  on e m e r g e n cy  food aid 

A.  AIMS OF PROJECT : Relief  for the  p o p u l a t i on  victim  of t he c o n t i n u i ng  conflict 

PERIOD  OF  12 MONTHS 
(Mio ECU) 

CURRENT  FINANCIAL  YEAR 
?Mio 

i_92 

FOLLOWING  FINANCIAL  YEAR 

fcC-U  * — 9^ 

*—PH^-ECU 

72,5 

72,5 

5. FINANCIAL  IMPLICATIONS 

5.0  EXPENDITURE 

-  CHARGED  TO THE  EC BUDGET 
(REFUNDS/INTERVENTIONS) 

-  NATIONAL  ADMINISTRATION 

-  OTHER 

5.1  RECEIPTS 

-  OWN  RESOURCES OF THE EC 
(LEVIES/CUSTOMS  DUTIES) 

-  NATIONAL 

ISSN 0254-1475 

COM (92) 357 final 

DOCUMENTS 

EN 

li  03 

Catalogue number  : CB-CO-92-370-EN-C 

ISBN  92-77-47043-7 

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