Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Grains Council concerning the accession of Senegal to the Grains Trade Convention, 1995
Date: 2024-03-12
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Senegal, accession to an agreement, cereals, commodity agreement, international convention, international organisation, trade agreement

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   EUROPEAN COMMISSION  Brussels, 12.3.2024  COM(2024) 113 final 2024/0062 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Grains Council concerning the accession of Senegal to the Grains Trade Convention, 1995  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
in the International Grains Council in connection with the accession of Senegal to the Grains 
Trade Convention, 1995 (‘the Convention’). 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Grains Trade Convention, 1995 

The Convention aims to further international co-operation in all aspects of trade in grains, to 
promote the expansion of international trade in grains and to secure the freest possible flow of 
this trade. In addition, the Convention intends to contribute to the fullest extent possible to the 
stability of international grain markets in the interests of all members, to enhance world food 
security  and  to  provide  a  forum  for  exchange  of  information  and  discussion  of  members’ 
concerns regarding trade in grains. 
The Convention entered into force on 1 July 1995. The Union is a party to the Convention1. 

The Convention was concluded by the European Union by Council Decision 96/88/EC until 
30  June  1998  and,  since  then,  it  has  been  regularly  extended.  On  each  occasion,  the 
Convention is extended for a maximum period of two years in accordance with Article 33 of 
the Convention. It was last extended by decision of the International Grains Council (‘IGC’) 
at its 58th Session on 14 June 2023 and remains in force until 30 June 2025.  

2.2. 

The International Grains Council 

The IGC which administers the Convention is a London based inter-governmental 
organisation that seeks to meet the objectives laid down by Article 1 of the Convention. In 
particular, the IGC aims at: 

(a) 

(b) 

(c) 

 furthering international cooperation in all aspects of trade in grains; 

 promoting  expansion,  openness  and  fairness  of  the  international  trade  in  the 
grains sector; 

 contributing  to  stability  of  international  grain  market,  enhancing  world  food 
security  and  contributing  to  the  development  of  countries  whose  economies 
depend on commercial sales of grain. 

These objectives are sought by improving market transparency through information-sharing, 
analysis and consultation on market and policy developments. 

Currently, the IGC has 29 members, including many of the world’s largest cereals producers 
as  well  as  some  major  importers.  Besides  the  Union,  its  members  are,  among  others, 
Argentina,  Australia,  Canada,  India,  Japan,  Russia,  Ukraine,  the  United  Kingdom  and  the 
USA.  However,  China  and  Brazil  are  not  members,  while  Egypt,  one  of  the  largest  wheat 
importers, left the organisation on 1 July 2023.  

The 29 members of the IGC have a total number of 2,000 votes.  

For  budgetary  procedures  (see  Article  11  of  the  Convention),  i.e.:  for  fixing  the  annual 
financial contributions of members, the Union has 376 votes in 2023/242.  

1 

OJ L 21, 27.1.1996, p. 47. 

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For  decision-making,  i.e.:  where  votes  are  held  (see  Article  12  of  the  Convention),  1,000 
votes  are  allocated  to  the  11  exporting  members  (including  the  Union  with  240  votes  in 
2023/24)  and  1,000  votes  to  the  18  importing  members.  It  needs  to  be  emphasized  that  in 
principle, the IGC operates on the basis of consensus, and it is very rare that voting is actually 
held. 

At the meetings of the IGC, the Union is represented by the Commission by virtue of Article 
17 TEU. Member States can attend the IGC meetings, in particular the Council Sessions. 

2.3. 

The envisaged act of the International Grains Council 

On  12  December  2023,  the  Executive  Director  of  the  IGC  informed  the  Commission  that 
Senegal  intends  to  accede  to  the  Convention.  The  formal  application  was  submitted  on  22 
December 2023, of which IGC members were informed on 3 January 20243. 
The application of Senegal was considered by the IGC at its 59th Session on 24 January 2024. 
At  that  meeting,  the  IGC  agreed  that  the  decision  on  the  application  should  be  made  by 
written  procedure  (postal  ballot)  and  with  a  deadline  of  24  April  2024.  In  case  no  written 
objection is sent by any member of the IGC by that date, Senegal's accession would come into 
effect on 1 May 2024. 

According  to  Article  27(2)  of  the  Convention,  accession  is  open  to  the  Governments  of  all 
States  upon  such  conditions,  as  the  Council  considers  appropriate.  In  accordance  with  Rule 
33(d) of the Rules of Procedure under the Grain Trade Convention (the ‘Rules of Procedure’) 
the  Administrative  Committee  considers  and  recommends  to  the  Council  applications  for 
accession under Article 27(2). 

The  votes  of  the  acceding  country  for  the  purposes  of  Article  11  of  the  Convention  (i.e. 
annual financial contribution of members), are determined by the proportion of the acceding 
countries’  total  trade  in  grains  to  the  total  trade  in  grains  of  all  IGC  member  countries,  in 
accordance with Rule 33(b) of the Rules of Procedure.  

Under Article 12(1) of the Convention, the Council has to establish the members that will be 
exporting members and the members that will be importing members for the purposes of the 
Convention, taking into account the grain trading patterns of those members and the views of 
those  members.  The  Council  will  also  determine  their  voting  rights,  in  accordance  with 
paragraphs 2 and 3 of the same provision. 

Although  there  are  no  specific  rules  laid  down  in  the  Convention  on  the  postal  ballot 
procedure (or written procedure), Article 14 of the Convention concerning the ’decisions of 
the Council’, does not require that such decisions are taken at a Council Session. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The Union has always been an active member of the IGC and supported the expansion of the 
organisation.  

Senegal  is  an  important  producer  of  rice  and  coarse  grains  in  particular.  However,  it  is  not 
self-sufficient and cannot fully meet domestic demand. Therefore, the country has to import 
additional quantities of cereals, including wheat.  

In case members of the IGC approve the accession of Senegal to the Convention, the country 
will be an importing member in accordance with Article 12 of the Convention. As the Union 

2 
3 

The International Grains Council operates on a fiscal year basis, which runs from 1 July to 30 June. 
IGC document AC(23/24)Misc.1 

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is  an  exporting  member,  the  accession  of  Senegal  will  not  impact  the  number  of  votes 
allocated to the Union for voting purposes under Article 12 of the Convention. The accession 
of Senegal could however reduce minimally, as from fiscal year 2024/25, the number of votes 
allocated  to  the  Union  under  Article  11  of  the  Convention,  which  is  used  to  determine  the 
financial contribution of members. 

The  purpose  of  this  proposal  is  to  seek  the  Council’s  authorisation  for  the  Commission  to 
vote, on the Union’s behalf, in favour of the accession of Senegal to the Convention. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. 

4.1.2.  Application to the present case 

The  envisaged  act  of  the  IGC  has  the  effect  of  expanding  the  membership  of  the  IGC.  The 
envisaged  act  of  the  IGC  has  legal  effects  because  it  will  establish  the  conditions  of  such 
accession,  notably  because  it  will  affect  the  decisional  balance  within  the  IGC,  whose 
decisions  require  the  majority  of  exporting  and  importing  members,  and  are  binding  for  its 
members, as expressed in Article 14 of the Convention. 

The  envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The main objective and content of the envisaged act relate to trade in agricultural products.  

Therefore,  the  substantive  legal  basis  of  the  proposed  decision  is  Article  207(4),  first 
subparagraph, TFEU. 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 207(4), first subparagraph, TFEU, 
in conjunction with Article 218(9) TFEU. 

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5. 

PUBLICATION OF THE ENVISAGED ACT 

The  accession  of  Senegal  will  impact  the  allocation  of  members’  votes  within  the 
IGC  for  budgetary  procedures  under  Article  11  of  the  Convention.  It  is  therefore 
appropriate to publish the Council Decision in the Official Journal of the European 
Union after its adoption. 

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2024/0062 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the International Grains 
Council concerning the accession of Senegal to the Grains Trade Convention, 1995 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular the 
Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The Grains Trade Convention, 1995 (‘the Convention’) was concluded by the Union 
by means of Council Decision 96/88/EC1 and entered into force on 1 July 1995. The 
Convention was initially concluded for a period of three years. 

Pursuant to Article 33 of the Convention, the International Grains Council may extend 
the  Convention  for  successive  periods  not  exceeding  two  years  on  each  occasion. 
Since its conclusion, the Convention has regularly been extended for further periods of 
two years. The Convention was last extended by decision of the International Grains 
Council on 14 June 20232 and remains in force until 30 June 2025. 

Pursuant  to  Article  27(2)  of  the  Convention,  it  is  open  for  accession  by  the 
Governments  of  all  States  upon  such  conditions  as  the  International  Grains  Council 
considers appropriate.  

On 22 December 2023,  Senegal formally applied for accession to the Convention.  If 
the accession application is approved, Senegal will become a member on 1 May 2024. 

Senegal  is  an  important  producer  of  rice  and  coarse  grains.  However,  it  is  not  self-
sufficient  and  cannot  fully  cover  domestic  consumption  and  therefore  has  to  import 
additional quantities of different cereals.  

Should  approval  of  Senegal’s  application  to  accede  to  the  Convention  and 
consequently  to  participate  in  the  International  Grains  Council  be  granted,  Senegal 
will be an importing member in accordance with Article 12 of the Convention. As the 
Union is an exporting member, the accession of Senegal will not impact the number of 
votes allocated to the Union for voting purposes under Article 12 of the Convention. 
The  accession  of  Senegal  could  however  reduce,  as  from  fiscal  year  2024/25,  the 
number of votes allocated to the Union under Article 11 of the Convention, which is 
used to determine the financial contribution of members. 

1 

2 

Council Decision 96/88/EC of 19 December 1995 concerning the approval by the European Community 
of  the  Grains  Trade  Convention  and  the  Food  Aid  Convention,  constituting  the  International  Grains 
Agreement 1995 (OJ L 21, 27.1.1996, p. 47). [exceptionally, no ELI available] 
Council Decision (EU) 2023/991 of 15 May 2023 on the position to be taken on behalf of the European 
Union in the International Grains Council with regard to the extension of the Grains Trade Convention, 
1995 (OJ L 135, 23.5.2023, p. 114, ELI: http://data.europa.eu/eli/dec/2023/991/oj). 

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(7) 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf  in  the 
International  Grains  Council  and  to  approve  the  accession  of  Senegal  to  the 
Convention, 

HAS ADOPTED THIS DECISION: 

The position to be taken on the Union’s behalf in the International Grains Council shall be to 
approve the accession of Senegal to the Grains Trade Convention, 1995. 

Article 1 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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