Proposal for a Council Regulation (EEC) on urgent action for supply of agricultural products to the people of Albania
Date: 1992-07-30
Institutions: European Commission
Subjects: Albania, agricultural product, award of contract, emergency aid, humanitarian aid, intervention stock

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(92) 361  final 

Brussels, 30  July 1992 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

on urgent  action for supply of agricultural  products to the 
people of Albania 

(presented by the Commission) 

_ 

2. _ 

EXPLANATORY  MEMORANDUM 

The  food  situation  in Albania  remains  difficult  even  if  the  agriculture 
sector  shows  the  first  signs  of  recovery  thanks  to  the  steps  taken  by 
the  Government  in  it's  agricultural  policy  and  to  the  impact  of  several 
foreign  aid  schemes.  The  analysis  of  food  aid  resulting  from  a  recent 
Joint  mission  of  EEC,  bilateral  donors,  and  the  World  Food  Programme 
indicates  that  the  expected  level  of  supply  of  food  products  for  the 
period  of  July  1992  to  June  1993,  from  their  own  resources  -home 
production  and  imports-  will  not  be  enought  to  meet  the  basic  needs  of 
the Albanian  population. 

In  the  transition  phase  towards  market  economy,  it  is  important  to 
support  reforms  undertaken  by  the  Government  especially  by  interventions 
contributing  to  the  alleviation  of  the  social  cost.  The  Commission 
therefore  proposes  to  deliver  products  from  intervention  stocks. 

Since  practical  arrangements  are  being  made  so  that  Albania  can  receive 
this  aid  directly,  the  Commission  would  like  the  text  to  be  adopted 
without  delay  by  the  Council. 

The  current  proposal  for  aid  worth  40M  ECU  will  be  the  third  action  for 
Albania  on  the  basis  of  budgetary  availability  and  taking  account  of 
complementary  measures  perceived  to  be  necessary.  It  is  based  on  the 
conclusions  of  an  evaluation  mission  carried  out  by  the  Commission  at 
the  end  of  June  1992. 

The  Commission  reserves  the  right  to  refer  the  matter  to  the  Council  in 
September  after  examining  the  food  situation  in  Albania  with  a  view  to 
requesting  a  further  allocation  for  food  aid  if  necessary. 

-  3> 

COUNCIL  REGULATION  (EEC) N* 
Of 

on urgent  action for supply of agricultural  products  to the 
people of  Albania 

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  from  the Commission (1), 

Having  regard  to the opinion of  the European Parliament (2), 

Whereas  agricultural  products  should  be made  available  to  the  people of 
Albania  in  order  to  improve  the  food  supply,  taking  account  of  the 
diversity of  the  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  out  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  it  is  necessary  to  verify  that  the  agricultural  products 
supplied  to  the  country  in  question  under  this  measure  are  used  as 
intended;  whereas,  apart  from  the  powers  of  the  Court  of  Auditors  in 
this  regard,  the  Commission  must  be  afforded  the  opportunity  of 
monitoring  the  operations  in question, with  the  help,  if  necessary,  of 
external  monitoring bodies; 

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

(1) 

(2) 

HAS ADOPTED  THIS REGULATION 

- *y 

Article 1 

The  Community  shall  take  urgent  action  to  supply  the  people  of  Albania 
towns with  agricultural  products, hereafter  referred  to as  the  "action". 
Expenditure on  the action shall  be  limited  to ECU  (budget) 40 million. 

For  the purposes of  this action: 

Article 2 

1.  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; 

2.  these  products  shall  be  sold,  by  agreement  between  the  Commission 
and  local  authorities,  at  prices  such  as  not  to  disturb  the  market 
and  which  will  enable  a  counterpart  fund  to  be  set  up  in order  to 
help  those most  in need; 

3.  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 under  the action  themselves  take  the 
products  over  in  the  Community.  These  costs  may  include  processing 
of  products mobilized  as provided  for  in point  1; 

4.  for  reasons  arising  from  the urgency  of  the action  , the  Commission 

may  choose  the supplier  by direct  agreement; 

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

applied,  in respect  of  the products  supplied under  the  action. 

Art icle 3 

The  accounting  value  of  the  agricultural  products  transferred  shall  be 
determined  using  the  procedure  laid  down  in  Article  13  of  Regulation 
(EEC) N* 729/70 (1). 

Article  4 

The  Commission  shall  be  responsible  for  monitoring  the  delivery 
operations  and  for  the  application of  the  criteria  adopted  when  the  aid 
is distributed  to the people  concerned. 

The Commission  shall  be responsible  for  implementing  this action. 

Article 5 

-  S -

Article  6 

This  Regulation  shall  enter  into  force  on  the  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. 

Done  at  Brussels, 

For  the CounciI 

(1)  OJ  N*  L  94,  28.4.1970,  p.13.  Regulation  as  last  amended  by 
Regulation  (EEC) N#2048/88  (OJ  N-L  185,  15.7.1988,  p . 1 ). 

FINANCIAL  STATEMENT 

W>  — 

I  /  <,  '.<.  I  ,/ 

IN 

( f l / 9 2 / 0 0 0) 

D a t e :16 

J u l-y 

1992 

1.  BUDGET  HEADING: 

81-189 

APPROPRIATIONS: 

2.  T I T L E:  C o u n c il  R e g u l a t i on 

on  a ^ I Tu 

emergency  measure 

to 

s u p p ly 

f o od  p r o d u c ts 

to 

t he  p o p u l a t i o ns 

of 

" « - D am  a 

3.  LEGAL  BASIS:  A r t i c l es  43,and  235  of 

the  Treaty 

4.  AIMS 

To  s u p p ly  A l b a n ia 

w i th 

food  a id 

5.  FINANCIAL 

IMPLICATIONS 

PERIOO  Of 

CURRENT 

FOLLOWING 

12  MONTHS 

FINANCIAL  YEAR 

fINANCIAL  YEAR 

rCU  million 

ECU  mill ion 

f CU  milli on 

(1992) 

(1993) 

40 

40 

1991 

1992 

1993 

1994 

5 .0  EXPENDITURE 

-  CHARGED  TO  THE  EC  BUDGET 

(REFUNDS/INTERVENTIONS) 

-  NATIONAL  AUTHORITIES 

-  OTHER 

5.1  REVENUE 

-  OWN  RESOURCES  OF  THE  EC 

(LEVIES/CUSTOMS 

DUTIES) 

-  NATIONAL 

5.0.1  ESTIMATED  EXPEN01IURI 

5.1.1  ESTIMATED  REVENUE 

5.2  METHOO  Of  CALCULATION 

6.0  CAN  THE  PROJECT  BE  FINANCE0  FROM  APPROPRIAT IONS  ENTERED  IN  THE  RELEVANT 

CHAPTER  OF  THE  CURRENT  BUDGET? 

N0 

6.1  CAN  THE  PROJECT  BE  FINANCED  BY  TRANSFER  BETWEEN  CHAPTERS  Or  THE  CURRENT  BUDGET? 

6 .2  WILL  A  SUPPLEMENTARY 

BUDGET  BE  NECESSARY? 

6.3  WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

COMMENTS: 

YES 

NO 

NO 

-V 

ISSN 0254-1475 

COM(92) 361 final 

DOCUMENTS 

EN 

11 

Catalogue number : CB-CO-92-375-EN-C 

ISBN 92-77-47124-7 

Office for Official Publications of the European Communities 

Lr2985 Luxembourg