COMMON POSITION (EC) No 11/96 adopted by the Council on 29 January 1996 with a view to adopting Council Regulation (EC) No .../96 on food-aid policy and food-aid management and special operations in support of food security
Date: 1996-01-29
Institutions: Council of the European Union
Subjects: aid system, cooperation policy, developing countries, food aid, security of supply, storage













EUR-Lex - 51996AG0325(04) - EN






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51996AG0325(04)

COMMON POSITION (EC) No 11/96 adopted by the Council on 29 January 1996 with a view to adopting Council Regulation (EC) No .../96 on food-aid policy and food-aid management and special operations in support of food security  


Official Journal C 087 , 25/03/1996 P. 0034 





COMMON POSITION (EC) No  11/96adopted by the Council on 29 January 1996with a view to adopting Council Regulation (EC) No  . . ./96 on food-aid policy and food-aid management and special operations in support of food  security(96/C 87/04)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130w  thereof, Having regard to the proposal from the Commission (1), Acting in accordance with the procedure laid down in Article 189c of the Treaty (2), Whereas food aid is an important aspect of the community's development cooperation policy; Whereas food aid must be integrated into the developing countries' policies for the improvement of  their food security, in particular by the establishment of food strategies; Whereas the European Community and its Member States closely coordinate their development  cooperation policies and consult one another on their food-aid programmes; whereas the Community,  with its Member States, is a party to certain international agreements in this domain, and in  particular the Food Aid Convention; Whereas regional, national and household food security, with the long-term aim of securing  universal access to a diet that will promote a healthy and active life, is an important element in  the fight against poverty; whereas it is important for this to be emphasized in all programmes  intended for developing countries; Whereas food aid must not have any adverse effects on the normal production and commercial import  structures of the recipient countries; Whereas food aid and operations in support of food securtiy are key features of Community  development cooperation policy and must be taken into account as objectives in all Community  policies likely to affect the developing countries; Whereas food aid must be an effective instrument ensuring access to an adequate and appropriate  diet and improving the availability and accessibility of foodstuffs to the public, consistent with  local dietary habits and production and trading systems, particularly in food crises, and fully  integrated into development policy; Whereas the food-aid instrument is a key component of the Community's policy on preventing or  helping in crisis situations in the developing countries; whereas account should be taken in its  implementation of this fundamental role as a factor for social and political stabilization; Whereas food-aid operations cannot be part of a viable solution unless they are integrated into  development operations geared to relaunching local production and trade; Whereas analysis, diagnosis, programming and monitoring need to be improved to make food aid more  effective and avoid adverse effects on local production, distribution, transport and marketing  capacities; Whereas food aid should be made a real instrument of the Community's policy of cooperation with the  developing countries, thereby enabling the Community to participate fully in multiannual  development projects; Whereas it is therefore necessary that the Community be able to provide a steady overall flow of  aid and be in a position, in appropriate cases, to undertake to supply to the developing countries  minimum amounts of products under specific multiannual programmes linked to development policies as  well as to enter into undertakings in relation to international organizations; Whereas the Community's support for the developing countries' efforts to achieve food security  could be enhanced by greater flexibility in food aid, granting financial support for operations  concerning food security, and in particular the development of farming and food crops, as an  alternative to food aid in certain circumstances; Whereas the Community can assist those in need in rural and urban areas in the developing countries  by helping finance operations in support of food security through the purchase of food products,  seed, agricultural implements and inputs, and through storage programmes, early-warning systems,  mobilization, supervision and technical and financial assistance; Whereas the genetic potential and bio-diversity of food production must be safeguarded; Whereas Community food-aid policy must adjust to geopolitical change and the economic reforms under  way in many recipient countries; Whereas a list should be drawn up of the countries and bodies eligible for Community aid  operations; Whereas to that end provision should also be made for Community aid to be made available to  international and non-governmental organizations; whereas such organizations must satisfy a number  of conditions guaranteeing the success of food-aid operations; Whereas, in order to facilitate the application of certain of the measures envisaged, provision  should be made for close cooperation between the Member States and the Commission within a Food Aid  Committee; Whereas in determining the steps to be taken for the execution of food-aid operations the  implementing procedures should be adjusted to the specific nature of each recipient area, although  within the framework of a common policy and strategy; Whereas, in order to ensure better management of food aid, aligning it more closely on the  interests and needs of the recipient countries, and to improve the decision-making and implementing  procedures, it is desirable to replace Council Regulation (EEC) No 3972/86 of 22 December 1986 on  food-aid policy and food-aid management (1), Council Regulation (EEC) No 1755/84 of 19 June 1984 on  the implementation in relation to food of alternative operations in place of food-aid deliveries  (2), Council Regulation (EEC) No 2507/88 of 4 August 1988 on the implementation of storage  programmes and early warning systems (3), Council Regulation (EEC) No 2508/88 of 4 August 1988 on  the implementation of co-financing operations for the purchase of food products or seeds by  international bodies or non-governmental organizations (4) and Council Regulation (EEC) No 1420/87  of 21 May 1987 laying down procedures for the implementation of Regulation (EEC) No 3972/86 on  food-aid policy and food-aid management (5), HAS ADOPTED THIS REGULATION: CHAPTER I Objectives and general guidelines for food aid and operations in  support of food security Article 11. Under its policy of cooperation with developing countries  and in order to respond appropriately to situations of food insecurity caused by serious food  shortages or food crises the Community shall carry out food-aid operations and operations in  support of food security in the developing countries. 2. Operations under this Regulation shall be appraised after analysis of the desirability and  effectiveness of this instrument as compared with other means of intervention available under  Community aid which could an impact on food security and food aid, and in coordination with these  means. The Commission shall ensure that operations under this Regulation are appraised in close  coordination with intervention by other donors. 3. The objectives of the food-aid operations and operations in support of food security referred to  in paragraph 1 shall, in particular, be: - to promote food security at household, local, national and regional levels, - to raise the standard of nutrition of the recipient population, - to promote the availability and accessibility of foodstuffs to the public, - to contribute towards the balanced economic and social development of the recipient countries in  the rural and urban environment; by paying special attention to the respective roles of women and  men in the household economy and in the social structure; the ultimate objective of Community aid  operations shall be to make the recipients into agents of their own development, - to support the efforts of the recipient countries to improve their own food production at  regional, national, local and family level, - reduce their dependence on food aid, - encourage them to be independent in food, either by increasing production, or by enhancing and  increasing purchasing power, - to contribute to the initiatives to combat poverty with development as an objective. 4. The Community's aid shall be integrated as thoroughly as possible into the development policies,  particularly those on agriculture and agri-foodstuffs, and the food strategies of the countries  concerned. Community aid shall back up the recipient country's policies on poverty, nutrition,  reproductive health care, environmental protection and rehabilitation, with special attention to  the continuity of programmes, particularly in a post-emergency situation. Whether sold or  distributed free of charge, aid must not be liable to disrupt the local market. TITLE I Food-aid operations Article 21. The products supplied, along with any other  operation in the framework of food aid, must reflect as closely as possible the dietary habits of  the recipient population and shall not adversely affect the recipient country. When products are selected, consideration shall be given to how to maximize the quantity of food  with a view to reaching the maximum number of people, taking into account the quality of products  in order to ensure adequate levels of nutrition. When selecting the products to be supplied as Community aid and the procedures for the mobilization  and distribution of that aid, particular account shall be taken of the social aspects of access to  food in the recipient countries, and especially of the most vulnerable groups and the role of women  in the household economy. 2. Food aid shall primarily be allocated on the basis of an objective evaluation of the real needs  justifying such aid, with economic considerations also being taken into account. To that end,  consideration shall be given to the following criteria, without excluding other relevant  considerations: - food shortages, - per capita income and the existence of particularly poor population groups, - social indicators of the welfare of the population in question, - the recipient country's balance-of-payments situation, - the economic and social impact and financial cost of the proposed operation, - the existence in the recipient country of a long-term policy on food security. 3. The granting of food aid shall, where necessary, be conditional on the implementation of  short-term, multiannual development projects, sectoral operations or development programmes, and as  a priority those which promote sustainable long-term food production in the recipient countries  within the framework of a food policy and strategy. Where appropriate, this aid may take the form  of a direct contribution to the implementation of such projects, operations or programmes. Where  Community aid is intended for sale, such complementarity must be ensured by the use of counterpart  funds for purposes agreed by the Community and the recipient country. Where aid is provided as  backing for a development programme spread over a number of years, it may be supplied on a  multiannual basis linked to the programme in question. Besides the allocation of basic foodstuffs,  aid may be used for the supply of seed, fertilizer, tools, other inputs and commodities, the  creation of reserves, technical and financial assistance and awareness and training schemes. 4. As a key component of food-security programmes food aid may be given to support efforts by the  recipient countries to create buffer stocks paying special attention to individual farmers' stocks  and national reserves, in tandem with the setting-up of regional reserves. 5. Counterpart funds shall be managed in a manner consistent with other Community aid instruments. In the case of countries undergoing structural adjustment, and in line with the relevant  resolutions of the Council, the counterpart funds generated by the various development assistance  instruments constitute resources which must be managed as part of a single and consistent budgetary  policy in the context of a programme of reforms. In this context, the Community could move from  targeting counterpart funds towards more general allocation, as soon as progress has been made in  improving the effectiveness of the monitoring instruments, programming and budget implementation,  and as regards internalization of reviews of public expenditure. Without prejudice to the  foregoing, these funds shall be managed in accordance with general Community aid procedures for  such funds and as a priority to support food-security policies and programmes. TITLE II Operations in support of food security Article 3Where circumstances warrant it, the  Community may carry out operations in support of food security in developing countries suffering a  food shortage. Such operations may be implemented by the recipient countries, the Commission, international bodies  or non-governmental organizations. The purpose of these operations shall be to support, using the resources available, the framing and  execution of a food strategy or other measures fostering the food security of the countries  concerned and to encourage them to reduce their food dependency and their dependence on food aid,  especially in the case of low-income countries with serious food shortages. The operations must  help to improve the living standards of the poorest people in the countries concerned. Operations in support of food security shall take the form of financial and technical assistance,  in accordance with the criteria and procedures laid down in this Regulation. Such operations shall  be planned and appraised in the light of their consistency with, and complementarity to, the  objectives and operations financed by other Community development-aid instruments. They must be  part of a multiannual plan. Article 4A developing country eligible for Community food aid operations under this Regulation  may receive part or all of the food aid that has been - or may be - allocated to it in the form of  operations in support of food security, with particular account being taken of trends in  production, consumption and reserves in that country, the food situation of its inhabitants and the  food aid granted by other donors. Article 5Operations in support of food security shall take the form of technical and financial  assistance aimed, in accordance with the objectives laid down in Article 1, at improving food  security by helping finance, inter alia: - the supply of seed, tools and inputs essential to the production of food crops, - rural credit support schemes, - storage schemes at the appropriate level, - operations concerning the marketing, transport, distribution or processing of agricultural and  food products, - measures in support of the private sector for commercial development at national, regional and  international level, - applied research and field training, - projects to develop the production of food crops, - flanking, awareness, technical assistance and field training operations, - support measures for women and producers' organizations. TITLE III Early-warning systems and storage programmes Article 6The Community may support  existing national early-warning systems and help to strengthen existing international early-warning  systems concerning the food situation in developing countries and, in exceptional and duly  substantiated cases, it may operate such systems, in accordance with the procedure laid down in  Article 27. It may also cover the cost of implementing storage programmes in these countries in  support of food-aid operations under this Regulation or comparable measures undertaken by the  Member States, international bodies or non-governmental organizations. Such operations should take account of other Community aid instruments, including the use of  counterpart funds generated by the sale of food aid, and be compatible with Community development  policy. These operations are intended to strengthen the food security of the recipient countries. They must  help improve the living conditions of the poorest sections of the population in the countries  concerned and conform with their development objectives, in particular the policy on food crops. Community participation in such operations shall take the form of financial and/or technical  assistance, in accordance with the criteria and procedures laid down in this Regulation. Operations supported by Community aid shall be appraised in the light of and in a manner consistent  with existing programmes managed by specialist international organizations. Article 7Community support for storage programmes and early-warning systems may be granted, upon  request, to international bodies or non-governmental organizations for operations to help  developing countries eligible for food aid from the Community and its Member States. Article 8Community aid may help finance the following measures: - early-warning systems and systems for gathering data on trends in harvests, stocks and markets,  and in nutritional and vulnerability levels with a view to improving understanding of the food  situation in the countries concerned, - operations aimed at improving storage systems with a view to reducing waste or ensuring  sufficient storage capacity for emergencies. Such operations may also include the establishment of  the infrastructure, in particular bagging, unloading, disinfection, treatment and storage  facilities, needed to handle food products in these countries in support of food-aid operations or  operations in support of food security, - preparatory studies and training schemes in connection with the above activities. CHAPTER II Implementing procedures for food aid and storage and early-warning operations in  support of food security Article 91. The countries and bodies eligible for Community aid for  operations under this Regulation are listed in the Annex. In this connection, priority shall be  given to the poorest sections of the population and to low-income countries with serious food  shortages. The Council, acting by a qualified majority on a proposal from the Commission, may amend that  list. 2. Non-governmental organizations (NGOs) eligible for direct or indirect Community financing for  the implementation of operations under this Regulation must meet the following criteria: (a) be non-profit-making autonomous organizations in a Member State of the European Community under  the laws in force in that Member State; (b) have their main headquarters in a Member State of the Community, the recipient countries or,  exceptionally, in the case of international NGOs, a third country. This headquarters must be the  effective decision-making centre for all co-financed operations; (c) show that they can successfully carry out food-aid operations; in particular through: - their administrative and financial management capacity, - their technical and logistical capacity to handle the proposed operation, - the results of operations implemented by the relevant NGOs carried out with Community finance or  finance from the Member States, - their experience in the field of food aid and food security, - their presence in the recipient country and their knowledge of that country or of developing  countries; (d) undertake to comply with the conditions laid down by the Commission for the allocation of food  aid. Article 101. The Community may help finance operations in support of food security of the kind  described in Titles I, II and III (Chapters I and II) executed by the recipient country, the  Commission, international bodies or non-governmental organizations. 2. Co-financing operations may be carried out at the request of recipient countries, international  bodies or non-governmental organizations, where such operations seem the most appropriate way of  enhancing the food security of groups without the ways and means to cope with a food shortage  themselves. 3. In the design of the Community operations defined in Titles I, II and III, the Commission will  give particular attention to: - the pursuit of sustainable impact and economic viability in project design, - the clear definition and monitoring of objectives and indicators of achievement. Article 111. Products shall be mobilized on the Community market, in the recipient country or in  one of the developing countries (listed in the Annex) if possible one belonging to the same  geographical region as the recipient country. 2. Exceptionally, products may be mobilized on the market of a country other than those provided  for in paragraph 1 of this Article in accordance with the procedure laid down in Article 27: - if the requisite type or quality of product is unavailable on the market of the Community or any  of the developing countries, - if there is a serious food shortage, where such purchases are likely to increase the  effectiveness of the operation. 3. Food products available on the internal market may be mobilized on the market of a developing  country, if the economic efficiency of doing so compares favourably with that of mobilizing  products on the European market. 4. Where food is purchased in the recipient country or in a developing country, steps must be taken  to ensure that such purchases threaten neither to disrupt the market of the country concerned or of  any other developing countries in the same region nor to affect adversely the supply of food to  their inhabitants. Such purchases shall be integrated as thoroughly as possible into the  implementation of Community development policy towards these countries, particularly with regard to  the promotion of food security in the country concerned or at regional level. Article 12Where a recipient country has partially or totally liberalized food imports, the  mobilization of Community aid must be consistent with that country's policy and not distort the  market. In such cases, the Community contribution may take the form of a foreign-currency facility to be  made available to private-sector operators in the country concerned, subject to the operation being  part of a food-security policy (including the strategy on the importation of basic foodstuffs)  consistent with the economic policy in question. Such aid shall be governed by the principles laid down in Article 11. Article 131. The Community may cover costs relating to the transport of food aid. 2. Where the Commission considers that the Community should cover costs relating to the inland  transport of food aid, it shall take account of the following general criteria: - a serious food shortage, - the delivery of food aid to low-income countries suffering from serious food shortages, - whether the food aid is destined for the international bodies or non-governmental organizations  referred to in Article 10, - the need to increase the efficiency of the food-aid operation in question. 3. Where food aid is sold in the recipient country, the Community should cover inland transport  costs only in exceptional circumstances. 4. The Community may also cover the air transport costs of food-aid operations in exceptional  circumstances. Article 14The Community may cover final distribution costs where the smooth execution of the  food-aid operations concerned requires it. Article 15Community aid shall take the form of grants. Aid may cover the external and local costs of implementing operations, including maintenance and  operating costs. Operations under this Regulation shall be exempt from taxes, duties and customs charges. Any counterpart funds shall be used in accordance with the objectives laid down in this Regulation  and managed in agreement with the Commission. Article 16The Community contribution may also cover flanking activities necessary to make the  operations under this Regulation more efficient and, in particular, supervision, monitoring and  inspection, distribution and field training. Article 17Participation in invitations to tender and other procedures for the award of contracts  shall be open on equal terms to all natural and legal persons in the European Community and the  recipient countries. It may be extended by the Commission to operations under Article 11 (2) to  include natural and legal persons in the countries where the aid is mobilized. When implementing this Regulation, the Commission shall guarantee the openness of the operations in  question by publicizing them properly. The Commission shall ensure that operations by intermediary  organizations are also publicized properly. Article 18The Commission may authorize a representative to conclude co-financing agreements in  its name. Article 191. The Commission shall lay down the allocation, mobilizing and implementation  conditions for aid under this Regulation. 2. Aid shall not be implemented unless the recipient complies with these conditions. Article 20The Commission shall take all measures necessary for the proper implementation of  food-aid programmes and operations, and operations in support of food security. To that end, the Member States and the Commission shall afford each other all necessary assistance  and exchange all relevant information. CHAPTER III Procedure for implementing food-aid operations and early-warning and storage  operations in support of food security Article 211. The Council, acting by a qualified majority  on a proposal from the Commission and after consulting the European Parliament, shall determine the  Community share of the overall amount of cereals aid laid down in the Food Aid Convention as the  total contribution of both the Community and its Member States. 2. The Commission shall coordinate the operations of the Community and the Member States as regards  the supply of cereals aid under the Food Aid Convention and shall ensure that the total  contribution by the Community and its Member States is at least as high as the quantities provided  for in the said Convention. Article 22The Commission, acting in accordance with the procedure laid down in Article 27, and  taking account of the general policy guidelines for food aid shall: - adopt the list of products which may be mobilized as aid, - lay down rules for mobilization, monitoring and evaluation, - determine each recipient's share, in terms of quantity and cost, of the products which may be  mobilized, within the budget limit for each product, - where necessary, adjust allocations during the implementation of programmes. Article 23Decisions: - granting food aid or aid for an alternative operation and laying down the conditions for the  supply of that aid, - granting a contribution to international bodies and non-governmental organizations for the  financing of operations in support of food security, - granting aid for a storage programme or early-warning system, shall be made by the Commission in accordance with the procedure laid down in Article 27, in  compliance with the limits set in Article 25. Article 241. In accordance with the Council decisions referred to in Article 21 and the  decisions taken under Article 22, the Commission shall decide on: (a) emergency or serious food shortage operations, where famine or an imminent danger thereof  seriously threatens the lives or health of people in a country without the ways and means to cope  itself with a food shortage. The Commission shall act after consulting the Member States by the  most appropriate means. Three working days shall be allowed to the Member States in which to put  forward any objections. If there are any objections, the Committee referred to in Article 26 shall  examine the question at its next meeting; (b) the conditions governing the supply and implementation of aid, in particular: - the general conditions applicable to recipients, - initiation of the procedures governing mobilization, supply of products and implementation of  other measures, and conclusion of the relevant contracts. 2. For the purposes of paragraph 1 (a), the Commisson shall be entitled to take all necessary  measures to speed up the supply of food aid. The volume of aid granted in a given case shall be limited to the quantities needed by the  population affected to cope with the situation for a period not normally exceeding six months. The Commission shall ensure that priority is given at all stages to the mobilization of food aid  for the operations provided for in paragraph 1 (a) and (b). Article 25Decisions regarding operations the financing for which under this Regulation exceeds  ECU 2 million shall be taken in accordance with the procedure laid down in Article 27. Article 261. 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 a  representative of the Commission. 2. The Committee shall examine the long-term implications of any proposal to commit funds for food  security at household, local, national and regional level in the recipient countries, bearing in  mind the principles laid down in Article 1. It shall also analyse and monitor food-security  policies which are in receipt of Community aid and examine proposals for joint initiatives. 3. The Committee shall draw up its own rules of procedure. Article 27The 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 in question. 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 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 shall defer application of the measures which it  has adopted for a period of two months 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 281. In order to guarantee the principle of complementarity referred to in the Treaty  and enhance the effectiveness and consistency of the Community and national food-aid provisions and  operations in support of food security, the Commission shall seek to ensure that its own activities  are as closely coordinated as possible with those of the Member States, both at decision-making  level and on the ground, and may take any appropriate initiative in pursuit of this end. To that end, Member States shall notify the Commission of their national food-aid operations. The  Commission, acting in accordance with the procedure laid down in Article 27, shall stipulate how  notification of national operations is to be effected. 2. The Commission shall ensure that operations implemented by the Community are coordinated with  those of international organizations and bodies, in particular those which form part of the United  Nations system. 3. The Commission shall seek to develop collaboration and cooperation between the Community and  third-country donors in the field of food security. 4. Coordination and cooperation between the Community and the Member States, and between the latter  and international organizations and third-country donors shall be the subject of a regular exchange  of information within the Committee. Article 29The Committee may examine any other matter concerning food aid and other operations  under this Regulation raised by its Chairman, either on the latter's own initiative or at the  request of a representative of a Member State. The Commission shall inform the Committee, within one month of taking its decision, of the food-aid  or food-security operations and projects it has approved, indicating their amount and nature, the  recipient country and the partner entrusted with implementation. The Commission shall notify the Committee of the general guidelines for products mobilized as  Community food aid. Article 30The Commission shall undertake regular evaluations of significant food-aid operations  to establish whether the objectives laid down in the appraisal of those operations have been  achieved and to provide guidelines for improving the effectiveness of future operations. It shall  inform the Committee periodically on the evaluation programmes. Member States and the Commission shall notify each other as soon as possible of the results of  evaluation work and of analyses or studies that would improve aid efficiency. The work will be  analyzed in the Committee. Member States and the Commission shall endeavour to carry out joint  evaluation exercises. The Commission shall draw up procedures for the dissemination and internal and external  communication of the conclusions of evaluation exercises to the departments and organization  concerned. Article 31At the close of each financial year, the Commission shall submit an annual report on  the implementation of this Regulation to the European Parliament and the Council. The report shall  set out the results of execution of the budget as regards commitments and payments and projects and  programmes financed during the year. As far as possible, the report shall contain information on  the funds committed nationally during the same financial year. As far as possible, it shall contain  the most important statistical data (by recipient country, nationality, etc.) on contracts awarded  for the implementation of projects and programmes. The report shall also contain a breakdown of expenditure assigned to each type of operation as  provided for in Articles 2, 5 and 8. Lastly, the report shall contain information on operations undertaken with the counterpart funds  generated by food aid. Article 32Regulations (EEC) No 3972/86, (EEC) No 1755/84, (EEC) No 2507/88, (EEC) No 2508/88 and  (EEC) No 1420/87 shall be repealed. As a transitional measure and until the new mobilization Regulation is adopted by the Commission,  Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the  mobilization in the Community of products to be supplied as Community food aid (1) shall continue  to apply. Three years after the entry into force of this Regulation, the Commission shall submit to the  European Parliament and to the Council an overall evaluation of the operations financed by the  Community under this Regulation, accompanied by suggestions for the future of the Regulation and,  if necessary, by proposals for amendments to it. Article 33This Regulation shall enter into force on the third day following that 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 . . . For the CouncilThe President(1) OJ No C 253, 29. 9. 1995, p. 10. (2) Opinion of the European Parliament of 15 December 1995 (not yet published in the Official  Journal), common position of the Council of 29 January 1996 (not yet published in the Official  Journal) and decision of the European Parliament of . . . (not yet published in the Official  Journal). (1) OJ No L 370, 30. 12. 1986, p. 1. Regulation as last amended by Council Regulation (EEC) No  1930/90 (OJ No L 174, 7. 7. 1990, p. 6). (2) OJ No L 165, 23. 6. 1984, p. 7. (3) OJ No L 220, 11. 8. 1988, p. 1. (4) OJ No L 220, 11. 8. 1988, p. 4. (5) OJ No L 136, 26. 5. 1987, p. 1. (1) OJ No L 204, 25. 7. 1987, p. 1. Regulation as amended by Regulation (EEC) No 790/91 (OJ No L  81, 28. 3. 1991, p. 108). ANNEX 1. COUNTRIES >TABLE>2. BODIES >TABLE>3. NON-GOVERNMENTAL  ORGANIZATIONS European NGOs, NGOs of the recipient country or, exceptionally international NGOs,  specializing in development. STATEMENT OF THE COUNCIL'S REASONS I. INTRODUCTION 1. The Commission forwarded to the  Council by letter dated 14 July 1995 a proposal for a Regulation on food aid policy and management  and special operations in support of food security (1). 2. The European Parliament delivered its opinion on 15 December 1995 (2). II. COMMON POSITION 1. Adoption of the common positionOn 29 January 1996 the Council adopted a  common position based on Article 130w of the Treaty on European Union. 2. Purpose of the Commission proposalThe purpose of the Regulation is to restructure, update and  adapt all the legal instruments of food aid policy and management, including specific operations in  support of food security such as the supply of inputs and seeds, storage programmes and early  warning systems. 3. Amendments made by the Council to the Commission proposalWhile introducing certain technical or  drafting amendments and details, the common position essentially reproduces the Commission proposal  regarding the action provided for by this Regulation. The Commission was able to agree to most of the text of the Council's common position. However, the  Commission opposed the Decisions on amendments to the list of aid beneficiaires being taken by the  Council (Article 9 of the common position). 4. European Parliament amendmentsThe Council incorporated into its common position a significant  part of the amendments adopted by the European Parliament. However, in certain cases the Council,  while accepting all or part of the substance of an amendment, altered its position in the text or  amended its wording. The Council thus accepted amendments Nos 2, 5, 6, 7, 8, 10, 14, 15, 16, 18, 19, 22, 25, 26, 27, 28,  35, 36, 40, 41, 46 and 47. Regarding the mobilization of food aid products, (amendments No 12 and No 13), the Council was able  to arrive at a compromise, which the Commission was able to support, between the various positions  put forward. This compromise is set out in Article 11 of the common position. With respect to the procedure governing the Committee required to assist the Commission in  decision-making, the Council accepted the Commission's proposal for a type II (b) procedure, which  is that governing the current Committee and which has operated in a satisfactory manner for many  years. The Council therefore rejected amendment 44. (1) Not yet published in the Official Journal. (2) Not yet published in the Official Journal.