Proposal for a COUNCIL REGULATION (EC) on actions for the free supply of agricultural products to the peoples of Georgia, Armenia, Azerbaijan, Krygyzstan and Tajikistan
Date: 1995-07-25
Institutions: European Commission
Subjects: Central and Eastern Europe, agricultural product, aid system, food aid, intervention stock, terms for aid

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  25.07.1995 
C(.)M(95)  395  final 

Proposal  for  a 

COUNCIL REGULATION (EC) 

on actions for the free supply of agricultural 
products to the peoples of Georgia, Armenia, Azerbaijan, 
Krygyzstan and Tajikistan 

(presented  by  the  Commission) 

COMMUNICATION  FROM THE COMMISSION TO THE COUNCIL 

Subject: Food Aid for the Republics of Armenia, Georgia, Azerbaijan,  Kyrgyzstan 

and Tajiksitan 

Following  the  decision  of  the  General  Affairs  Council  of  17  July  to  use  EAGGF 
Guarantee  for  free  supply  of  agricultural  products  within  a  food  aid  operation  for  the 
Republics of Armenia, Georgia, Azerbaijan,  Kyrgyzstan and Tajikistan,  the  corresponding 
Council Regulation is presented to the Council for approval before the end of July. 

j 

COUNCIL REGULATION  (EC) No 

on actions for the free supply of agricultural 
products to the peoples of Georgia, Armenia, Azerbaijan, 
Krygyzstan and Tajikistan 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EEC)  No  136/66  of  22 
September 1966 on the establishment of a common organization of 
the  market  in  oils  and  fats(1)  and  in  particular  Article  12 
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 Article  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, 

(i)  OJ No L 172, 30.9.1966, p. 3025, p. 66. Regulation as last 

amended  by  the  Act  of  Accession  of  Austria,  Finland  and 
Sweden. 
OJ  No  L  148,  28.6.1968, p.  13. Regulation  as  last  amended 
by the Act of Accession of Austria, Finland and Sweden and by 
Regulation  (EC) No 3290/94  (OJ No L 349, 31.12.1994, p. 105) . 
OJ No L 148, 28. 6.  1968, p. 24. Regulation as last  amended 
by Regulation  (EC) No 424/95  (OJ No L 45, 01.03.1995, p. 2 ). 
(4) OJ  No  L  118, 20. 5.  1972, p.  1. Regulation  as  last  amended 
by Regulation  (EC) No 997/95  (OJ No L 101, 04.05.1995, p. 16) . 

(3) 

Whereas it is advisable to supply Georgia, Armenia, Azerbaijan," 
Kyrgyzstan and Tajikistan with agricultural products in order to 
improve  the  food  supply  situation,  taking  into  account  the 
diversity  of  local  situations without  compromising  development 
towards supplies according to market rules; 

Whereas  the  Community  has  agricultural  products  in  stock 
following  intervention  measures  and  it  is  advisable, 
exceptionally,  to  dispose,  in  priority,  of  these  products  in 
carrying out the action envisaged; 

Whereas it is important to verify that the agricultural products 
provided under these measures reach their intended destinations; 

Whereas  it is for the Commission to lay down the rules  for the 
implementation of these measures and to determine the conditions 
for the execution of the supply in other sectors, in particular 
in the cereals sector; 

Whereas in view of the pressing needs, the products have to reach 
the peoples concerned as soon as possible; whereas the operations 
should  start  immediately  and  the  expenses  involved  should  be 
borne by the EAGGF Guarantee Section, 

HAS ADOPTED THIS REGULATION; 

Article 1 

Under the conditions laid down by this Regulation, measures shall 
be  taken  for  the  free  supply  to Georgia, Armenia, Azerbaijan, 
Kyrgyzstan  and  Tajikistan  of  agricultural  products,  to  be 
determined,  which  are  available  as  a  result  of  intervention 
measures;  in  the  case  where  the  products  are  temporarily  not 
available in intervention they may be mobilised on the Community 
market  in order to meet the committments of the Community. 

Article 2 

1. The products  shall  be  supplied  unprocessed  or  in processed 

form. 

2 . The measures may also relate to foodstuffs available or which 
may be obtained on the market by payment with products coming 
from  intervention stocks and belonging to the same group of 
products. 

3. The supply costs, including transport and, where applicable, 
processing costs, shall be determined by invitation to tender 
or,  for reasons connected with urgency or with difficulties 
of transportation, by direct agreement procedure. 

Products  consigned  pursuant  to  this  Regulation  shall  not 
qualify  for  export  refunds  applicable  for  agricultural 
products. 
Transport costs shall be borne by the Community,insofar as the 
recipients  do not  themselves  take over  the products  within 
the Community. 

Without prejudice to paragraph 7, the products will be sold, 
by  agreement  between  the  Commission  and  the  competent 
authorities of the States involved, at a price which does not 
lead to market disturbance and which permits the constitution 
of a counterpart  fund which will be used for the setting up 
of policies and measures aimed at securing  food supplies by 
means of restructuring of the agricultural sector, targetted 
budgetary support etc. 

If  by  way  of  exception  the  supply  comprises  targeted 
distribution  free  of  charge  to  the  recipient  peoples,  the 
corresponding expenses shall be borne in accordance with the 
usual emergency-aid procedures. 

Article 3 

Expenditure on these actions shall be limited to ECU 80 million, 
entered  in the general budget of the European  Community. 

Article 4 

1. The Commission shall be responsible for the execution of these 
measures as well as for monitoring the supply operations. 

2.  The  detailed  rules  for  applying  this  Regulation  shall  be 
adopted in accordance with the procedure laid down in Article 
38 of Regulation  (EEC) No 136/66 or, as appropriate, in the 
corresponding Articles in the other Regulations on the common 
organization of the markets. 

Article 5 

The  accounting value of the agricultural products disposed of, 
originating  from  intervention  stocks,  shall  be  fixed  in 
accordance  with  the  procedure  laid  down  in  Article  13  of 
Regulation  (EEC) No 729/70(5). 

,5) OJ No L 94, 28.04.1970, p. 13. Regulation as last amended by 
Regulation  (EC) No 1287/95  (OJ No L 125, 08.06.1995, p.l). 

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 Council 
The President 

ISSN 0254-1475 

COM(95) 395 final 

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