COMMUNICATION FROM THE COMMISSIONTO THE EUROPEAN PARLIAMENTpursuant to Article 294(6) of the Treaty on the Functioning of the European Unionconcerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 and Council Regulation (EC) No 1234/2007 as regards distribution of food products to the most deprived persons in the Union
Date: 2012-01-31
Institutions: European Commission
Subjects: EU programme, aid to disadvantaged groups, co-financing, disclosure of information, distribution of aid, foodstuff, intervention price, intervention stock

EUROPEAN COMMISSION 

Brussels, 31.1.2012 
COM(2012) 34 final 

2008/0183 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council amending Council Regulation (EC) No 1290/2005 and Council Regulation 
(EC) No 1234/2007 as regards distribution of food products to the most deprived 
persons in the Union 

 
 
 
 
  
 
 
 
2008/0183 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council amending Council Regulation (EC) No 1290/2005 and Council Regulation 
(EC) No 1234/2007 as regards distribution of food products to the most deprived 
persons in the Union 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council 
(document COM(2008) 563 final – 2008/183 COD): 

25 September 2008. 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

20 January 2011. 

Date of the position of the European Parliament, first reading: 

26 March 2009. 

Date of transmission of the amended proposals: 

17 September 2010 

Date of adoption of the position of the Council: 

3 October 2011. 

23 January 2012 
(foreseen). 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The Most Deprived Scheme of the EU was originally established in 1987, allowing Member 
States  to  release  public  intervention  stocks  as  food  aid.  As  the  role  of  market  intervention 
significantly  changed  since  then,  the  objective  of  the  Commission's  proposal  is  to  adapt  the 
scheme  to  the  new  realities  of  the  CAP  with  declining  intervention  stocks,  with  the 
introduction of the two sources of supply (intervention and market purchases with priority to 
the former). The proposal also aims to improve the nutritional balance of the food provided 
through the scheme, (wider variety of foods available for distribution; inclusion of nutritional 
aspects).  

In  its  opinion,  the  European  Parliament  has  strongly  advocated  the  maintenance  of  the  full 
Union's  funding  for  this  scheme.  The  opinion  of  the  European  Economic  and  Social 
Committee  contained  a  similar  request.  Therefore,  the  last  amended  proposal  of  the 
Commission provides 100% EU funding with an annual ceiling of €500 million. The notion of 
the Union origin of the foods, just like the eligibility of the storage costs directly linked with 
the  implementation  of  the  scheme  were  also  introduced  based  upon  the  recommendation  of 
the European Parliament. 

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In the light of the contribution of food distribution programmes to the fulfilment of both the 
objectives  of  the  Common  Agriculture  Policy  as  well  as  the  strengthening  of  the  Union's 
social cohesion, the Commission proposed a double legal base (Articles 42 and 43(2) together 
with 175(3)). 

In  addition,  the  proposal  also  provided  for  an  alignment  of  the  proposed  measures  with  the 
Lisbon Treaty provisions on delegated and implementing acts.  

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

3.1 General comments on the Council position at first reading 

The  Commission  can  accept  the  Council  position  which  is  the  outcome  of  constructive 
negotiations  between  the  three  institutions.  It  is  in  line  with  the  essential  objectives  and  the 
underlying approach of the Commission's amended proposal. 

3.2 Agreement at the stage of the Council's position 

The  Council's  position  is  the  result  of  intensive  intergovernmental  and  inter-institutional 
negotiations which followed the adoption by the European Parliament of its position at first 
reading on 26 March 2009. Informal and technical meetings have resulted in a compromise on 
a number of outstanding issues, namely the legal basis and the phasing-out of the scheme after 
2013.  Based  on  this  compromise,  on  28  November  and  5  December  2011,  the  Polish 
Presidency  presented  to  the  Special  Committee  of  Agriculture  a  compromise  document 
largely based upon the second amended proposal of the Commission (COM (2011) 634 final). 
In  parallel,  the  Commission  issued  a  declaration,  taking  note  of  the  joint  declaration  from 
Germany and France as regards the future of the scheme for the post 2013 period.  

On  the  trilogue  discussions  on  6  December  2011,  the  European  Parliament  expressed  its 
strong  support  in  favour  of  the  continuation  of  the  programme.  This  position  was  formally 
approved  by  the  COMAGRI  on  12  December  2011,  also  recommending  to  the  European 
Parliament to accept the proposed compromise in second reading. On 15 December 2011, the 
Council  reached  a  political  agreement  for  the  continuation  of  the  scheme  up  to  2013.  The 
Council position at first reading is scheduled for adoption on 23 January 2012.  

The main provisions of the revised programme are the following: 

– 

– 

– 

– 

– 

Market  purchases  are  made  a  regular  source  of  supply  for  the  programme  to 
complement  intervention  stocks.  However,  priority  would  be  given  to  the  use  of 
suitable intervention stocks where these are available. 

The scheme remains fully funded out of the EU budget with a ceiling of €500 m illion 
per budget year.  

Member States choose the food products on the basis of objective criteria including 
nutritional values and suitability for distribution.  

Member States may give preference to food products of Union origin. 

The storage costs born by the charities become eligible for reimbursement. 

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The  main  points  of  the  compromise,  which  were  negotiated  and  agreed  upon  by  the  three 
institutions, are the following: 

– 

– 

– 

– 

The  current  scheme  ends  following  a  phasing-out  period,  which  would  terminate 
with the completion of the 2013 annual plan.  

The  legal  basis  of  the  Most  Deprived  Programme  of  the  EU  remains  unchanged 
(Articles 42 and 43(2)) for the duration of the phasing-out period.  

Retroactive applicability as from 1 January 2012. 

In order to facilitate the agreement, the provisions relating to the Lisbon alignment 
are exceptionally not included, so the current implementing rules would continue to 
apply. 

4. 

DECLARATIONS BY THE COMMISSION AND MEMBER STATES 

The Commission has made a declaration which takes note of a joint declaration from France 
and Germany. These declarations can be found in attachment. 

5. 

CONCLUSION 

The Commission supports the results of the inter-institutional negotiations and can therefore 
accept the Council's position at first reading in order to secure the continuation of the scheme 
up to 2013. 

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ANNEX 

Declaration by the Commission 

With regard to Commission’s proposal for a Regulation of the European Parliament and of the 
Council  amending  Council  Regulation  (EC)  No  1290/2005  and  Council  Regulation  (EC) 
1234/2007 as regards distribution of food products to the most deprived persons in the Union 
the  Commission  takes  note  of  the  repeated  discussions  in  the  Council,  where  a  blocking 
minority of six member states opposed the proposal. 

The  Commission  also  takes  note  of  the  joint  declaration  from  France  and  Germany,  where 
both countries declared,  

– 

– 

– 

that they agree to continue the program for a transition period ending definitely on 31 
December 2013 in order to allow charity organizations in Member States using the 
current program to take into account the new situation.  

that they consider that the conditions are not met for a proposal of a new program for 
a period post 2013 to be presented by the Commission and adopted by the Council.  

that they cannot agree with legal and financial proposals by the Commission of such 
a program in the future. 

The  Commission  takes  note  of  the  opinion  of  a  significant  group  of  Member  States  not  to 
pursue the program beyond 2013 and to amend the EU Regulation on the Single CMO and the 
future Multi-Annual Financial Framework 2014 – 2020 accordingly. 

Without prejudice to its right of initiative under the Treaty, the Commission will take account 
of this strong opposition to any legal and financial proposal of such a program in the future.  

Joint Declaration by France and Germany 

The  EU  regulation  regarding  the  distribution  of  food  products  to  the  most  deprived  persons 
relies  on  the  distribution  of  products  from  Union  intervention  stocks  supplemented,  on  a 
temporary  basis,  by  purchases  on  the  market.  Successive  reforms  of  the  CAP  and  market 
evolutions have resulted in a progressive reduction in intervention stocks, as well as the range 
of products available. 

Recognizing the importance of the work of charity organizations in Member States using the 
current program, France and Germany agree to continue the program for a transition period 
ending  definitely  on  31  December  2013  in  order  to  allow  these  organizations  to  take  into 
account  this  new  situation.  In  this  context,  France  and  Germany  welcome  the  ongoing 
exchange of views between their charity organizations. 

However,  given  the  discussion  in  the  Council,  France  and  Germany  consider  that  the 
conditions are not met for a proposal of a new program for a period post 2013 to be presented 
by the Commission and adopted by the Council. This is why both countries can’t agree with 
legal and financial proposals by the Commission of such a program in the future. 

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