Proposal for a Regulation of the European Parliament and of the Council establishing a facility for rapid response to soaring food prices in developing countries
Date: 2008-07-18
Institutions: European Commission
Subjects: economic consequence, economic policy, food price, increase in production, price increase, price of agricultural produce

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  
COM(2008) 450/5 

2008/0149 (COD) 

. 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a facility for rapid response to soaring food prices in developing countries 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Introduction 

Rising food prices in 2007 and 2008 have had negative effects on many developing countries 
and  their  population.  Poverty  for  hundreds  of  millions  of  people  has  deepened  and  recent 
progress  towards  achieving  the  Millennium  Development  Goals  is  put  at  risk.  Moreover, 
rising food prices have resulted in riots, unrest and instability in several countries, risking the 
gains of years of political, developmental and peacekeeping investments. 

However,  rising  prices  could  also  provide  a  window  of  opportunity  to  stimulate  a  supply-
response  from  farmers  in  developing  countries.  Higher  prices  offer  new  income-generating 
opportunities to bring rural communities out of poverty and could enhance the contribution of 
agriculture  to  economic  growth  by  providing  incentives  for  investments  and  productivity 
improvements. 

The European Commission wishes to launch a short term response, called a "Facility", to the 
global  recent  soaring  of  food  prices  by  using  part  of  the  margin  in  the  Heading  2  of  the 
Financial  Framework  in  favour  of  those  most  affected  developing  countries.  This  facility 
would primarily support agriculture in developing countries hence enabling them to enhance 
production levels. It will also help those countries to rapidly mitigate the negative effects of 
the  high  food  prices  on  the  poorest.  It  will  hence  help  them  to  reduce  extreme  poverty  and 
hunger. 

The political response 

The Commission adopted the Communication 'Tackling the challenge of rising food prices – 
Directions for EU action', on 20 May 20081. This Communication sets out elements for an EU 
response  to  the  food  price  challenges,  proposing  actions  internal  to  the  EU,  and  actions  to 
address the effects of the crisis at international level. 

On 22 May, the European Parliament adopted a resolution2 on rising food prices in the EU 
and  the  developing  countries,  urging  the  Council  to  ensure  coherence  of  all  food-related 
national and international policies aiming at implementing the right to food of populations. 

EU  Ministers  also  expressed  their  concern  with  the  effects  of  the  high  food  prices  in 
developing  countries  in  the  Conclusions  of  the  General  Affairs  and  External  Relations 
Council  of  27  May  and  committed  to  a  collective  response  to  the  food  price  challenge, 
addressing a combination of short-, medium- and long-term issues, with support provided in 
the framework of partner countries' own policies and strategies. 

The European Council of 19-20 June re-affirmed that high food prices are severely affecting 
the  situation  of  the  world's  poorest  populations  and  are  putting  at  risk  progress  towards  all 
MDGs.  The  Council  concluded  that  action  is  required  from  the  European  Union  from  a 
development and humanitarian assistance perspective. The European Council welcomed the 
Commission's intention to come forward with a proposal for a new fund to support agriculture 
in  developing  countries,  within  the  framework  of  the  current  Financial  Perspectives,  and 
stated that the EU will support a strong agricultural supply response in developing countries, 

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COM(2008) 321. 
P6_TA(2008)0229. 

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providing in particular the necessary financing for agricultural inputs and assistance in using 
market-based  risk  management  instruments.  The  Council  also  stated  that  in  its  response 
strategy, the Union will work in close liaison with the United Nations and other international 
organisations and in the framework of partner countries' own policies and strategies. 

An estimate of the financing needed to respond to the soaring of food prices 

Commission services made an estimate of the short-term (2008-09) financing needs of most 
affected  developing  countries  and  this  reaches  €  18  billion.  This  figure  is  based  on  an 
extrapolation of recent country assessments. It was further corroborated by comparing it with 
the  costs  of  short-term  measures  in  other  countries.  Moreover,  the  order  of  magnitude  is 
supported by the preliminary costing by the UN High-Level Task Force on the Global Food 
Crisis3  that  estimates  the  additional  donor  requirements  for  agricultural  development  in  all 
developing countries for 2008 and 2009 at € 18.0 - € 25.0 billion.  

The response so far on the basis of existing cooperation instruments  

The external cooperation instruments at the disposal of the Community encompass: 

•  for  immediate  crisis  response:  the  Humanitarian  Instrument4  and  the  Instrument  for 

Stability5 and  

•  for  long-term  development  cooperation:  the  Development  Cooperation  Instrument6  for 
thematic  programmes  –  including  food  security  -  and  for  geographic  programmes  in 
developing  countries  including  South  Africa,  but  not  the  other  ACP  countries,  and  the 
European Development Fund (EDF) for the remaining ACP countries7. 

The long-term development cooperation instruments have recently been programmed in line 
with  development  priorities  of  partner  countries,  leaving  little  or  no  room  for  short-term 
adjustments.  Moreover,  existing  instruments  have  all  been  mobilised  or  reprogrammed  in 
2008  to  the  fullest  extent  possible  to  address  the  challenges  posed  by  the  increased  food 
prices.  To  a  very  limited  extent  the  same  could  be  done  in  2009;  however,  mobilisation  of 
short-term resources will still be greatly inadequate. Further re-programming would take too 
long  for  short-term  responses  and  also  risks  affecting  the  coherence  of  the  existing 
cooperation  programmes  with  partner  countries.  In  the  current  situation  where  high  food 
prices  lead  to  lower  CAP  expenditure,  the  Commission  proposes  to  redirect  parts  of  those 
savings to agricultural production in developing countries. 

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Draft document of 13 June 2008. 
Council Regulation (EC) No 1257/96. 
Regulation (EC) No 1717/2006 of the European Parliament and the Council. 
Regulation (EC) No 1905/2006 of the European Parliament and the Council. 
Internal Agreement, OJ L 247, 9.9.2006, p. 32. 

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The response offered by the Facility  

The amount indicated in this Regulation is based on a European Community's share of 10% in 
responding  at  short-term  to  the  food  price  crisis,  given  that,  on  average,  the  Community 
finances  10%  of  worldwide  development  cooperation.  This  implies  that  the  Community 
would finance about € 1.8 billi on in 2008 and 2009. As the currently available EC instruments 
could  contribute  €  800  million  in  2008-09  (€  550  million  in  2008  and  an  estimated  €  250 
million in 2009) the remaining €1 billi on will be covered by the Facility.  

The  Regulation  will  provide  the  legal  basis  for  short-term  Community  assistance  to 
developing countries in response to the food price challenges. The facility is time-bound and 
will  operate  in  2008  and  2009,  using  part  of  the  available  margins  under  heading  2  of  the 
Financial Framework. It will be complementary to existing crisis-response and development 
cooperation  instruments,  both  in  its  time-span  (in-between  emergency  and  long-term 
development cooperation), and in its specificity (directly related to measures that address the 
causes and effects of the soaring food prices). 

Objectives of the Facility 

The  primary  objective  of  this  Facility  shall  be  to  encourage  a  positive  supply  response  of 
farmers in developing countries in the short to medium term in the context of their sustainable 
development.  The  Facility  will  also  support  activities  to  respond  rapidly  and  directly  to 
mitigate  the  negative  effects  of  high  food  prices  in  line  with  food  security  objectives.  The 
expected results of the assistance are among others: (i) an increase in agricultural production 
and  food  security  in  assisted  countries,  (ii)  reduced  malnutrition  rates,  especially  among 
vulnerable groups, and (iii) reduced food price inflation. 

Targeting of the measures financed by the Facility 

The  Commission  shall  adopt  the  measures  to  implement  this  regulation.  They  shall  finance 
global  initiatives  supporting  the  purpose  and  objectives  of  this  Regulation  and  which  are 
implemented through international organisations, including regional organisations. 

The Commission will adopt these decisions immediately after this Regulation will have been 
adopted by Parliament and Council and published. 

While all developing countries are potentially eligible for support, assistance will be provided 
to  those  developing  countries  that  are  severely  affected  by  the  food  price  crisis  in  socio-
economic and political terms, have a need for measures to be taken and which do not have the 
means  or  capacity  to  respond  unassisted.  Hence,  the  measures  will  include  a  list  of  target 
countries identified on the basis of the set of indicative criteria laid down in the Annex to the 
Regulation and which include: reliance on food imports, food price inflation, and social and 
fiscal vulnerability. Other financing available to the country from the donor community will 
be  taken  into  account,  as  well  as  the  country's  potential  to  increase  agricultural  production. 
The Facility also allows for regional-level programmes, covering all developing countries of 
that region. Global initiatives may equally be financed when implemented through a regional 
or international organization. The Commission decisions will build on information, including 
on  actual  country  needs,  made  available,  in  particular  through  its  delegations  and  through 
internationally relevant evaluations made available by organisations such as those of the UN 
system.  The  Commission  Decisions  will  be  accompanied  by  a  detailed  explanation  on  the 
methods  applied  to  select  the  target  countries.  Information  provided  by  the  UN  Task  Force 

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and international organisations (mainly UN agencies - FAO, WFP, World Bank and IMF) will 
be  used,  and  this  will  -when  inadequate-  be  supplemented  by  country-specific  information 
obtained from EC Delegations. 

Responding directly to the food crisis and taking into account the country-specific conditions, 
the  following  operational  measures  may  be  supported  through  the  Facility:  (i)  measures  to 
improve access to agricultural inputs and services, including fertilizers and seeds; (ii) safety 
net measures aiming at maintaining or improving the agricultural productive capacity, and at 
addressing the basic food needs of the most vulnerable populations. 

A  small  part  of  the  Facility,  up  to  1  %,  will  be  used  for  support  measures  required  for  an 
effective implementation of the Regulation.  

Measures  taken  will  have  to  be  seen  in  the  light  of  longer-term  development  needs  of  the 
recipient  country,  should  be  sustainable  (socially,  environmentally,  economically),  and 
contribute  to  reduce  distortions  of  agricultural  prices.  For  subsidized  input  delivery  this 
implies,  for  instance,  that  they  need  to  be  well-targeted,  responding  to  and  adapted  to  local 
needs  and  conditions,  market-developing, 
financially  sustainable,  and 
contributing  to  the  sustainability  of  agricultural  production  systems.  Where  necessary, 
information  systems  and  transparency  will  be  strengthened  in  order  to  improve  the 
effectiveness of market systems, to avoid privileged positions and enable small-scale farmers 
to benefit from the measures taken. 

time-bound, 

Types of financing and implementation modalities 

Assistance  will  be  provided  to  countries  affected  by  the  food  price  increases,  through 
international  or  regional  organisations.  All  assistance  will  respond  to  country-level  needs 
assessments and plans.  

Assistance channelled through International Organisations, including Regional Organisations, 
will  be  decided  on  the  basis  of  their  comparative  advantage  and  initiatives  proposed  and 
assessed.  This  could  for  instance  apply  to  FAO,  IFAD,  UNICEF,  WFP  or  the  World  Bank. 
Financing could also be channelled through Regional Organisations. 

Short-term responses to the soaring food prices require quick mobilisation of finance in order 
to be able to provide post-emergency assistance and support for a supply response in the next 
agricultural  seasons.  The  Regulation  allows  for  quick  decision-making  and  disbursement 
procedures,  by  using  Contribution  Agreements  with  International  Organisations,  including 
Regional Organisations.  

The programming and the implementation will be made following the principles of the Paris 
Declaration  on  Aid  Effectiveness,  including  by  coordinating  activities  with  Member  States 
and with other donors, in order to ensure that no country is over supported or orphan. 

The preparatory work will start immediately after adoption of the proposed Regulation by the 
Commission  and  will  be  finalised  in  time  to  allow  adoption  of  the  implementing  Decisions 
referred to in article 1(2) immediately after the Regulation enters into force. 

Financing Decisions (article 3) will be taken at the same time where this is feasible, otherwise 
as  soon  as  possible  after  entry  into  force  and  in  any  case  before  the  end  of  2008  for  those 
using 2008 funds. 

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Source of the Facility's budget 

The high agricultural prices have contributed to a reduction of market expenditure in the 2008 
budget  and  to  lower  estimates  for  the  2009  budget  within  heading  2  of  the  financial 
framework.  Current  estimates  indicate  that  a  significant  margin  will  be  available  in  this 
heading in 2008 and to a lesser extent in 2009.  

In  order  to  ensure  that  the  Community  can  meet  its  obligations  concerning  market  related 
expenditure  and  direct  payments  to  farmers,  the  Regulation  contains  a  clause  (article  10.4) 
that guarantees a margin under heading 2 of at least € 600 million for each year. Should the 
forecasted  margin  be  lower  than  this  guaranteed  level  for  a  particular  year,  the  maximum 
amount to be committed to the Facility for that year will have to be reduced accordingly. 

Partial retrospective financing 

Considering  that  this  Regulation  will  finance  measures  that  will  provide  support  to  selected 
countries through international, including regional organisations, including measures already 
initiated before the adoption of this Regulation, the Regulation contains a provision (Article 
6.2) allowing for financing as from 20 June 2008, corresponding to the date of the European 
Council Conclusions.  

Proposed Timeline  

Following  its  adoption  by  the  Commission,  the  proposal  will  be  subject  to  co-decision 
procedure in Parliament and Council. The fastest possible calendar under normal procedures, 
but with only one reading in Parliament, will most likely result in entry into force by the end 
of November.  

The following indicative timeline is envisaged:  

July  –  September  2008:  technical  preparation  of  the  Commission  Decisions  (selected 
international  including  regional  organisations,  beneficiary  countries,  indicative  share  of 
allocations,  identification  of  actions  under  this  Regulation  and  other  instruments  to  ensure 
complementarity). 

September  2008:  Preliminary  Draft  amending  Budget  for  budget  2008  and  letter  of 
amendment for budget 2009 in order to introduce the new budget lines. 

November  2008:  Adoption  by  the  co-legislators,  publication  and  entry  into  force  of 
Regulation 

December  2008:  First  implementing  Commission  Decisions.  With  regard  to  ex-ante 
evaluations,  they  will  be  carried  out  in  the  technical  preparation  of  these  implementing 
Commission decisions. 

December 2008: Start of budgetary commitments. 

Early 2009: Start implementation of first measures  

By  31  December  2012  the  Commission  will  provide  a  report  to  Council  and  the  European 
Parliament on the implementation of the measures, including, as far as possible, on the main 
outcomes  and  impacts  of  the  assistance  provided  under  the  Regulation.  This  will  include  a 

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retrospective  evaluation  of  the  human  and  financial  resources  allocated  and  of  the  results 
obtained in relation to the objectives of the Regulation. (Article 9). 

It is therefore proposed that the Commission adopts the attached proposal for a Regulation. 

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2008/0149 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a facility for rapid response to soaring food prices in developing countries 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
179(1) thereof, 

Having regard to the proposal from the Commission8, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty9, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  recent  soaring  of  Food  Prices  has  put  numerous  developing  countries  and  their 
populations in a dramatic situation. This risks putting additional hundreds of millions 
of people in extreme poverty and calls for increased solidarity with those populations. 

A  financing  facility  for  a  rapid  response  to  the  crisis  caused  by  high  food  prices  in 
developing countries should therefore be established by this Regulation. 

The  European  Consensus  on  Development10,  adopted  by  the  Council  and  the 
Representatives of the Governments of the Member States meeting within the Council, 
the  European  Parliament  and  the  Commission  on  22  November  2005,  states  that  the 
European  Community  (hereafter  "The  Community")  will  continue  to  work  to 
improved food security at international, regional and national level, to which goal this 
Regulation should contribute. 

The European Parliament adopted on 22 May 2008 a resolution on rising food prices 
in the EU and the developing countries11, urging the Council to ensure coherence of all 
food-related  national  and  international  policies  aiming  at  implementing  the  right  to 
food of populations. 

The  European  Council  meeting  on  20  June  2008,  concluded  that  action  is  required 
from  the  European  Union  from  a  development  and  humanitarian  perspective.  In 
addition  it  was  stated  that  the  European  Union  will  mobilise  resources  to  finance, 
beyond  food  aid,  safety  nets  for  poor  and  vulnerable  population  groups,  that  the  EU 
will support a strong agricultural supply response in developing countries, providing in 

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OJ C , , p. . 
OJ C , , p. . 
OJ C 46, 24.2.2006, p. 1. 
P6_TA(2008)0229. 

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particular  the  necessary  financing  for  agricultural  inputs  and  assistance  in  using 
market-based risk management instrument and welcomed the Commission's intention 
to come forward with a proposal for a new fund to support agriculture in developing 
countries, within the current financial framework. 

(6)  Moreover,  in  the  European  Council  Conclusions,  it  is  also  stated  that  the  EU  will 
promote a more coordinated and longer-term international response to the current food 
crisis,  in  particular  in  the  UN  and  in  international  financial  institutions;  the  EU  also 
welcomes  the  establishment  of  the  High-Level  Task  Force  on  the  Global  Food 
Security Crisis established by the UN Secretary General and is determined to play its 
full part in implementing the Declaration agreed in Rome on 5 June 2008 at the High 
Level  Conference  on  World  Food  Security.  A  Comprehensive  Framework  of  Action 
(CAF)  is  under  preparation  under  the  UN  Task  Force  and  an  Initiative  on  Soaring 
Food  Prices  (ISFP)  has  been  launched  by  the  FAO;  other  international  organisations 
such  as  IFAD,  the  World  Bank  and  regional  organisations  have  launched  their  own 
initiatives;  

(7) 

(8) 

(9) 

Financial needs to fully address the immediate consequences of the  high food  prices 
are  very  high.  The  response  should  come  from  the  international  community  in  its 
entirety and the Community has endeavoured to contribute its fair share. 

The same conditions which lead to the need for the present financing facility (the high 
food prices), also lead to lower agriculture market expenditure under Heading 2 of the 
Financial Framework. Current estimates also indicate a significant unallocated margin 
under the ceiling of Heading 2 in 2009. 

The Community response strategy should aim to strongly encourage a positive short to 
medium  term  supply  response  from  the  agricultural  sector  in  developing  countries 
while at the same time also significantly reducing the negative effects of the food price 
rises on the poorest in these countries. A supply side response is also in the interest of 
the Community in order to alleviate the current pressure on agricultural prices. 

(10)  The  Community  has  at  its  disposal  several  instruments  focused  on  development 
assistance  with  a  long  term  perspective,  and  in  particular  Regulation  (EC)  No 
1905/2006  of  the  European  Parliament  and  the  Council  of  18  December  2006 
establishing a financing instrument for development cooperation12, and the European 
Development Fund , providing official development assistance to ACP countries and 
OCTs  (hereinafter  referred  to  as  "EDF"),  which  have  recently  been  programmed  in 
line with eligible countries medium and long term development priorities. Large scale 
reprogramming  under  these  instruments  to  respond  to  a  short  term  crisis  would 
jeopardise the balance and coherence of the existing cooperation strategies with those 
countries.  It  has  also  at  its  disposal  Council  Regulation  EC  No  1257/96  of  20  June 
1996  concerning  humanitarian  aid13  to  provide  emergency  assistance  and  Regulation 
(EC) No 1717/2006 of the European Parliament and the Council of 15 November 2006 
establishing an Instrument for Stability14. 

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OJ L 378, 27.12.2006, p. 41. 
OJ  L  163,  2.7.1996,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1882/2003  of  the 
European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 
OJ L 327, 24.11.2006, p. 1. 

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(11)  Those instruments, however, have already been mobilised or re-programmed in 2008 
to  the  fullest  possible  extent  to  address  the  negative  effects  of  the  high  food  prices 
situation in developing countries. To a very limited extent the same could be done in 
2009; however, that would be far from being sufficient to respond to the needs. 

(12) 

(13) 

In  the  current  situation  where  high  food  prices  lead  to  lower  CAP  expenditure,  the 
Commission  proposes  to  redirect  parts  of  those  savings  to  agricultural  production  in 
developing countries. 

It  is  however  necessary  to  protect  the  interest  of  the  European  farmers  and  to 
guarantee that this proposal will not under any circumstances trigger the mechanism of 
the financial discipline as provided in Council Regulations (EC) No 1782/200315 and 
(EC) No 1290/200516 . 

(14)  As a consequence, it is necessary to adopt a specific financing facility, complementary 
to  existing  development  instruments  and  the  Humanitarian  Aid  Instrument,  to  adopt 
urgent  and  supplementary  measures  that  address  rapidly  the  consequences  in 
developing countries of the present soaring food prices situation. 

(15)  The  measures  adopted  with  this  facility  should  help  developing  countries  to  boost 
agricultural productivity in the next seasons, to respond rapidly to immediate needs of 
the countries and their population and to take initial steps needed to prevent as far as 
possible further food insecurity situations, and also contribute to mitigating the effects 
of  the  high  food  prices  globally,  to  the  benefit  of  the  poorest  people  but  also  of  the 
European consumers and farmers. 

(16)  The  very  nature  of  measures  provided  for  under  this  Regulation  calls  for  the 
establishment of efficient, flexible, transparent and rapid decision-making procedures 
for their financing, with a strong cooperation between all Institutions concerned. This 
Regulation  should  in  particular  allow  for  the  financing  of  measures  already  initiated 
that International Organisations are supporting or ready to support before the adoption 
of this Regulation, as from 20 June 2008, corresponding to the date of the European 
Council Conclusions. 

(17) 

It is necessary to provide for the protection of the Community's financial interests in 
accordance  with  Council  Regulations  (EC,  Euratom)  No  2988/9517  of  18  December 
1995 on the protection of the European Communities financial interests, No 2185/96 
of  11  November  1996  concerning  on-the-spot  checks  and  inspections  carried  out  by 
the  Commission  in  order  to  protect  the  European  Communities'  financial  interests 
against  fraud  and  other  irregularities18  and  Regulation  (EC)  No  1073/1999  of  the 
European  Parliament  and  of  the  Council  of  25  May  1999  concerning  investigations 
conducted by the European Antifraud Office (OLAF)19.  

(18)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member 
States  and  can  therefore,  by  reason  of  the  scale  of  the  action  required,  be  better 

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19 

OJ L 94, 31.3.2004, p. 70. 
OJ L 209, 11.8.2005, p. 1. 
OJ L 312, 23.12.1995, p. 1. Regulation as amended by Commission Regulation (EC) No 1233/2007 (OJ 
L 279, 23.10.2007, p. 10). 
OJ L 292, 15.11.1996, p. 2. 
OJ L 136, 31.5.1999, p. 1. 

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achieved  at  Community  level,  the  Community  may  adopt  measures,  in  accordance 
with  the principle of subsidiarity as set  out in Article  5 of  the Treaty. In accordance 
with  the  principle  of  proportionality,  as  set  out  in  Article  5  of  the  Treaty,  this 
Regulation does not go beyond what is necessary to achieve those objectives. 

(19) 

In order to ensure that the measures provided for in this Regulation are effective and 
given  the  urgency  of  their  nature,  this  Regulation  should  enter  into  force  on  the  day 
following that of its publication. 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Subject matter and scope 

1. The Community shall finance measures aimed at supporting a rapid and direct response to 
the increased food prices in developing countries, addressing the period between emergency 
aid and medium- to long-term development cooperation. 

2.  Measures  shall  benefit  developing  countries,  as  defined  by  OECD/DAC,  and  their 
populations, in accordance with the following provisions.  

The  Commission  shall  adopt  the  measures  referred  to  in  paragraph  1.  They  shall  finance 
international  initiatives  supporting  the  purpose  and  objectives  of  this  Regulation  and  which 
are implemented through regional and global International Organisations. It shall inform the 
European Parliament and the Council thereof. 

3.  Such  measures  will  specify  a  list  of  target  countries  identified  on  the  basis  of  the  set  of 
criteria laid down in the Annex, building on information, including on actual country needs, 
made  available,  in  particular  through  its  delegations  and  through  internationally  relevant 
evaluations made by organisations such as those of the UN system.  

4. To ensure the coherence and effectiveness of Community assistance, where the programme 
to  be  implemented  is  of  regional  or  cross-border  nature,  the  Commission  may  decide  that 
populations  of  other  developing  countries  not  belonging  to  that  region  can  benefit  from  the 
programme in question. 

5.  International  Organisations,  including  Regional  Organisations  (hereafter  "International 
Organisations")  will  be  selected  on  the  basis  of  their  capacity  to  deliver  a  speedy  and  high 
quality response to the specific needs of the targeted Developing Countries in relation to the 
objectives of this Regulation. 

Article 2 
Objectives and Principles 

1. The primary objectives of the assistance and cooperation under this Regulation shall be to 
encourage a positive supply response of agricultural sector in target countries and regions in 
the context of their sustainable development and to support activities to respond rapidly and 
directly  to  mitigate  the  negative  effects  of  high  food  prices  in  line  with  food  security 
objectives.  

EN 

11 

   EN 

2. A differentiated approach depending on development contexts and impact of soaring food 
prices shall be pursued so that target countries or regions and their populations are provided 
with  targeted,  tailor-made  and  well  adapted  support,  based  on  their  own  needs,  strategies, 
priorities and response capacities. 

3.  Notwithstanding  Regulation  (EC)  No  1905/2006  of  the  European  Parliament  and  of  the 
Council, and Regulation (EC) No 1717/2006 of the European Parliament and of the Council, 
if the envisaged measures are in accordance with Articles 1(1) and 3.2 of this Regulation, they 
shall be financed under this Regulation. 

The  different  development  instruments  and  this  Facility  shall  be  applied  so  as  to  ensure 
continuity of cooperation, in particular as regards the transition from emergency to medium- 
and long-term response. 

4.  The  Commission  shall  ensure  that  measures adopted under this Regulation are  consistent 
with the Community's overall strategic policy framework for the eligible country or countries 
concerned.  

Article 3 
Implementation  

1. Community assistance and cooperation shall be implemented through a set of decisions to 
finance  supporting  measures  as  described  in  Article  1,  paragraphs  (1)  (2)  and  (3)  of  this 
Regulation, which shall be adopted by the Commission. 

2. Taking into account the specific country-level conditions, supporting measures that shall be 
eligible for implementation are: 

(a) 

(b) 

measures  to  improve  access  to  agricultural  inputs  and  services,  including 
fertilizers and seeds; 

safety  net  measures  aiming  at  maintaining  or  improving  the  agricultural 
productive  capacity,  and  at  addressing  the  basic  food  needs  of  the  most 
vulnerable populations. 

3.  Support  measures  which  meet  the  objectives  of  this  Regulation  may  be  financed  up  to  a 
maximum of 1 % of the amount referred to in article 10(1). 

Article 4 
Eligibility 

The entities eligible for funding shall be International Organisations fulfilling the conditions 
laid down in Article 43 of Commission Regulation (EC, Euratom) No 2342/200220. 

20 

COMMISSION REGULATION (EC, EURATOM) No 2342/2002 of 23 December 2002 (and modified 
by regulation 1261/2005, 1248/2006 and 478/2007) laying down detailed rules for the implementation 
of  Council  Regulation  (EC,  Euratom)  No  1605/2002  on  the  Financial  Regulation  (and  modified  by 
Regulation 1996/2006, 1525/2007) applicable to the general budget of the European Communities (OJ 
L 357, 31.12.2002, p. 1) 

EN 

12 

   EN 

                                                 
Article 5 
Financing and Management procedures 

1.  The  measures  financed  under  this  Regulation  shall  be  implemented  in  accordance  with 
Regulation  (EC,  Euratom) No  1605/200221, taking into  account where appropriate  the crisis 
nature of the measures to be adopted. 

2. Community assistance shall in principle not be used for paying taxes, duties or charges in 
eligible countries. 

3. Participation in the appropriate contractual procedures shall be open to all natural and legal 
persons who are eligible pursuant to the geographical development instrument applicable to 
the country in which the action takes place, as well as to all natural and legal persons who are 
eligible pursuant to the rules of the implementing international organisation, care being taken 
to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect 
of supplies and materials. Experts may be of any nationality. 

Article 6 
Budget commitments 

1. Budget commitments shall be made on the basis of decisions taken by the Commission.  

2.  Measures  adopted  under  this  Regulation  may  finance  as  from  20  June  2008  ongoing 
activities  initiated  in  target  countries  or  by  organisations  referred  to  in  Article  4,  before  the 
entry into force of this Regulation.  

Article 7 
Protecting the Community's financial interests 

1. Any financial agreement resulting from the implementation of this Regulation shall contain 
provisions  ensuring  the  protection  of  the  Community's  financial  interests,  in  particular  with 
respect  to  irregularities,  fraud,  corruption  and  any  other  illegal  activity,  in  accordance  with 
Council Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and Regulation 
(EC) No 1073/1999 of the European Parliament and of the Council. 

2.  Financial  agreements  shall  contain  provisions  granting  the  Commission  and  the  Court  of 
Auditors access to the information required to perform their duties, if necessary on the spot, in 
accordance  with  the  verification  agreements  concluded  with  the  international  organisations 
concerned. 

21 

Council  Regulation  (EC,  Euratom)  n°  1605/2002  of  25  June  2002  on  the  Financial  Regulation 
applicable  to  the  general  budget  of  the  European  Communities  (OJ  L  248,  16.9.2002,  p.  1)  as  last 
amended by Council Regulation n° 1525/2007 of 17 December 2007 (OJ L 343, 27.12.2007, p.9.) 

EN 

13 

   EN 

                                                 
Article 8 
Visibility of the EU 

Contracts concluded by virtue of this Regulation shall include specific provisions that ensure 
the  appropriate  visibility  of  the  European  Union  in  all  activities  undertaken  on  the  basis  of 
those contracts. 

Article 9 
Reporting 

The Commission shall inform the European Parliament and the Council on the measures it has 
adopted pursuant to this Regulation no later than 31 December 2009. The Commission shall 
provide  them  with  a  report  on  the  implementation  of  the  measures,  including,  as  far  as 
possible, on the main outcomes and impacts of the assistance provided under this Regulation, 
no later than 31 December 2012. 

Article 10 
Financial provisions 

1.  The  total  financial  reference  amount  for  the  implementation  of  this  Regulation  over  the 
period 2008-2009 shall be EUR 1.0 billion.  

2. For 2008, the reference amount shall be EUR 750 million 

3. For 2009, the maximum reference amount shall be EUR 250 million. 

4. The amount committed shall, for each year, leave a margin under heading 2 of the financial 
framework of at least EUR 600 million, based on the forecast of the most recent early warning 
system report as established in Regulation (EC) No 1290/2005. Should that not be the case for 
a particular year, the maximum amount which can be committed for that year pursuant to this 
Regulation shall be reduced in order to restore such a margin under heading 2. 

Article 11 
Entry into force 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

It shall apply until 31 December 2009  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

14 

   EN 

 
 
ANNEX 
Indicative list of criteria to select target countries  

Indicative criteria to select target countries: 

- Food price inflation and its potential socio-economic and political impact: 

•  Level of food price inflation (in comparison to general inflation) 

•  Reliance on food imports, including imports of food aid 

•  Social vulnerability and political stability 

•  Food production as a percentage of farm consumption  

- Capacity of the potentially eligible country to respond and implement appropriate response 
measures 

•  Measures taken by Government, including supply side and trade measures 

•  Export earnings 

•  Fiscal vulnerability 

Account  will  also  be  taken  of  other  sources  of  financing  available  to  the  target  country,  at 
short term, from the donor community, to respond to the Food crisis, and of the potential of 
the country to increase agricultural production, in a long term sustainable manner. 

EN 

15 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Facility for rapid response to soaring food prices in developing countries 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 21 (Development) 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings: 

Proposed lines: 
countries) 

21.02.03  (rapid  response  to  food  price  increases  in  developing 
21.01.04.40 (administrative support expenditures) 

3.2. 

Duration of the action and of the financial impact: 

Duration will be budgetary years 2008-2009; amount foreseen is € 1.0 billion 

3.3. 

Budgetary characteristics: 

Budget 
line 

Type 
expenditure 

of 

New 

EFTA 
contribution 

Contributions 
from  applicant 
countries 

Heading  in 
financial 
perspective 

21.02.0
3 

Non-
comp 

Diff22 

YES 

NO 

NO 

No2 

22 

Differentiated appropriations 

EN 

16 

   EN 

                                                 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources  

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

Year 
2008 

2009 

2010 

2011 

2012 

2013 
and 
later 

Total 

990.000 

990.000 

10.000 

1000.00
0 

1000.00
0 

Operational expenditure23 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

750.0
0 

240.0
0 

890.0
00 

100.0
00 

Administrative expenditure within reference amount24 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

10.00
0 

TOTAL REFERENCE AMOUNT 

Commitment Appropriations 

Payment Appropriations 

a+c  750.0

00 

250.0
00 

b+c

900.0
00 

100.0
00 

Administrative expenditure not included in reference amount25 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

8.2.5. 

d 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.6. 

e 

Total indicative financial cost of intervention 

23 
24 
25 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL  CA  including  cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

750.0
00 

250.0
00 

900.0
00 

100.0
00 

a+c
+d
+e 

b+c
+d
+e 

1000.000 

1000.000 

Co-financing details 

:N.A. 

Co-financing body 

EUR million (to 3 decimal places) 

Yea
r n 

N  + 
1 

n + 2

n + 3

n + 4 

n + 5 
and 
later 

Total 

…………………… 

f 

TOTAL  CA  including 
co-financing 

a+c
+d
+e
+f 

4.1.2.  Compatibility with Financial Programming 

(cid:59) 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the 
financial perspective. 

Proposal  may  require  application  of  the  provisions  of  the 
Interinstitutional Agreement26 (i.e. flexibility instrument or revision 
of the financial perspective). 

4.1.3.  Financial impact on Revenue 

(cid:59) 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

EUR million (to one decimal place) 

Prior 

Situation following action 

26 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

18 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

to 
action 
[Year 
n-1] 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]

27  

a)  Revenue  in  absolute 
terms 

b) Change in revenue 

 ∆ 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year 
2008 

2009 

2010 

2011 

2012 

2013 
and 
later 

Total  number  of  human 
resources 

12 

14 

12 

10 

8 

The identification of the needs have been made on the basis that only International 
and Regional Organisations will be eligible (Article 4 of the draft Regulation). 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short to medium term 

This Facility addresses the need of the population in developing countries affected by 
the increased food prices, including the need of farmers to provide a supply response 
and the need of consumers for food provision, affordable to their purchasing power. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The  proposal  establishes  a  time-bound  facility  for  short-term  assistance  that 
addresses the period between emergency aid and medium- to long-term development 
cooperation.  Such  a  facility  complements  existing  external  cooperation  instruments 
at  the  disposal  of  the  Community,  notably  those  for  immediate  crisis  response 
(Humanitarian  Instrument,  Instrument  for  Stability)  and  for  long-term  development 
cooperation  (Development  Cooperation  Instrument  for  thematic  programmes  –
including  food  security-  and  for  geographic  programmes  in  developing  countries, 
including  South  Africa  but  not  the  other  ACP  countries,  and  the  10th  European 
Development  Fund  (EDF)  for  the  period  2008-2013  for  the  remaining  ACP 
countries).  Synergies  will  be  obtained  by  ensuring  that  measures  implemented  will 
be in line with EC country assistance strategies. 

27 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

19 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The objectives will be to encourage a positive supply response  of farmers in target 
countries and regions in the context of their sustainable development and to support 
activities to respond rapidly and directly to mitigate the negative effects of high food 
prices in order to reduce malnutrition in line with food security objectives. 

Expected results are: 

•  Increase in agricultural production in target countries (increase in 2009 and 2010, 

compared to 2005-7 average) 

•  Reduced  food  price  inflation  (food  price  inflation/general  rate  of  inflation  ratio 

improved in 2010) 

Indicators to be used in monitoring and evaluation are: 

•  Annual increase in total agricultural production  

•  Annual increase in average yield of targeted farmers  

•  Reduction  in  malnutrition  rate  among  assisted  groups  with  a  focus  on  acute 

malnutrition and proportion of <5 who are underweight  

•  Level of food price inflation compared to general inflation in assisted countries 

5.4.  Method of Implementation (indicative) 

(cid:59)  Centralised Management 

(cid:59) 

(cid:133) 

directly by the Commission 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies  set  up  by  the  Communities  as  referred  to  in  art.  185  of  the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

Shared or decentralised management 

(cid:133)  with Member states 

with Third countries 

(cid:59) 

Joint management with international organisations (please specify) 

Relevant  comments:  Joint  management  will  be  the  preferred  option.  However, 
certain programmes may require centralised management by the Commission. 

EN 

20 

   EN 

 
 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

Monitoring  will  be  done  by  the  Commission,  making  use  of  information  collected 
from EC Delegations and from agencies involved in the implementation of the UN 
Comprehensive Framework for Action (CFA).  

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

Detailed country-level assessments of financing needs in developing countries have 
started in April 2008. This work is coordinated by the UN task force on the Global 
Food  Crisis.  Assessments  will  continue  in  the  period  June-September  2008.  In 
parallel,  the  Commission  Services  (Headquarters  and  Delegations)  have  proceeded 
with a detailed quantitative and qualitative analysis concerning 110 countries.  

6.2.2.  Measures taken  following  an intermediate/ex-post evaluation (lessons  learned from 

similar experiences in the past) 

N.A. 

6.2.3.  Terms and frequency of future evaluation 

An  external  evaluation  of  the  effects  of  the  measures  of  the  Facility  will  be 
undertaken in 2011. 

7. 

ANTI-FRAUD MEASURES  

The  usual  anti-fraud  measures  applicable  in  development  cooperation  assistance 
apply. 

EN 

21 

   EN 

8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 3 decimal places) 

Type of output 

Av. 
cost 

Year 2008 

Year 2009 

Year 2010 

Year 2011 

Year 2012 

Year  2013  and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

(Headings 
of 
Objectives, actions 
and outputs should 
be provided) 

OPERATIONAL 
OBJECTIVE 
No.128 
response 
farmers 
developing 
countries  

Supply 
by 
in 

Action 
assistance 
induce 
response 

1 
to 
supply 

- Output 1 

Sub-totalObjective 
1 

OPERATIONAL 
OBJECTIVE  No.2 
1 Food Security 

28 

As described under Section 5.3. 

EN 

22 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
- Output 1 

Action  1 
nets 

safety 

Sub-total 
Objective 2 

TOTAL COST 

Assisted 
countries 

16.5
00 

45 

750.0
00 

15 

240.0
00 

990.0
00 

EN 

23 

EN 

 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff  to  be  assigned  to  management  of  the  action  using  existing  and/or 
additional resources (number of posts/FTEs) 

Year 2008  Year 2009  Year 2010  Year 2011  Year 2012  Year 2013 

or 

Officials 
temporary 
staff29 (XX 01 
01) 

A*/AD 

5 

B*, 
C*/AST 

Staff  financed30  by  art. 
XX 01 02 

7 

Other  staff31  financed by 
art. XX 01 04/05 

5 

9 

5 

7 

5 

5 

3 

5 

TOTAL 

12 

14 

12 

10 

8 

The  identification  of  the  needs  have  been  made  on  the  basis  that  only  International  and 

Regional Organisations will be eligible (Article 4 of the draft Regulation). 

8.2.2.  Description of tasks deriving from the action 

Preparation  of  decisions,  preparation  of  contracts,  preparation  of  payments, 
organisation of studies, audits and evaluation, reporting.  

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

(cid:59) 

(cid:133) 

(cid:59) 

Posts  currently  allocated  to  the  management  of  the  programme  to 
be replaced or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the 
managing service (internal redeployment) 

Posts  required  for  year  n  although  not  foreseen  in  the  APS/PDB 
exercise of the year in question 

29 
30 
31 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

1  Technical  and  administrative  assistance 
(including related staff costs) 

Executive agencies32 

Other 
assistance 

technical 

and 

administrative 

- intra muros  

- extra muros 

Total  Technical 
assistance 

and 

administrative 

EUR million (to 3 decimal places) 

Year 
2008 

Year 
2009 

Year 
2010 

Year 
2011 

Year 
2012 

Year 
2013  

and 
later 

TOTAL 

Up  to 
10.00
0 

Up to 10 million will be needed for administrative expenditure such as evaluations, 
studies & consulting, meetings & conferences, and information systems. 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and later 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

32 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

25 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
cost 

Total 
Resources 
costs 
amount) 

(NOT 

and 

of  Human 
associated 
reference 

in 

Calculation–  Officials  and  Temporary  agentsCalculation–  Staff  financed  under  art. 
XX 01 02 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

0.050 

0.200 

0.200 

0.150 

0.150 

0.750 

XX  01  02  11  02  –  Meetings  & 
Conferences 

XX 01 02 11 03 – Committees33  

XX  01  02  11  04  –  Studies  & 
consultations 

XX 01 02 11 05 - Information systems 

2  Total  Other  Management  Expenditure 
(XX 01 02 11) 

3  Other  expenditure  of  an  administrative 
nature  (specify  including  reference  to 
budget line) 

Total  Administrative  expenditure,  other 
than  human  resources  and  associated 
costs 
reference 
included 
amount) 

(NOT 

in 

Calculation - Other administrative expenditure not included in reference amount 

33 

Specify the type of committee and the group to which it belongs. 

EN 

26 

   EN