Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Grains Council with respect to establishing new rules on written procedure and Member access to International Grains Council’s archives
Date: 2025-04-02
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: administrative formalities, archives, cereals, commodity agreement, disclosure of information, international convention, international organisation, rules of procedure, trade agreement

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 2.4.2025  COM(2025) 139 final 2025/0072 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Grains Council with respect to establishing new rules on written procedure and Member access to International Grains Council’s archives  
 
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 (IGC) in connection with the envisaged amendment of the 
Rules of Procedure under the Grains  Trade Convention, 1995 (‘the Convention’) as  regards 
establishing new rules on decision-making by written procedure and member access to IGC’s 
archives. 

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 European Union is a party to the Convention1. 

The Convention was concluded for a period of three years, until 30 June 1998 and, since then, 
has been regularly extended by the IGC. 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  on  14  June  2023  and  remains  in 
force until 30 June 2025.  

A further extension of the Convention until 30 June 2027 is scheduled for 12 June 2025. 

The  Rules  of  Procedure  under  the  Convention  provide  for  detailed  rules  as  for  the 
implementation of the Convention and the functioning of the International Grains Council. 

2.2. 

The International Grains Council 

The IGC is an intergovernmental organisation that seeks to meet the objectives laid down in 
Article 1 of the Convention. In particular, the IGC aims at: 

• 

• 

• 

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. 

1 

OJ L 21, 27.1.1996, p. 47. 

EN 

1 

  EN 

 
 
The IGC has 30 members, including many of the world’s largest cereals producers as well as 
importers.  Besides  the  European  Union  and  among  others,  its  members  are  Argentina, 
Australia,  Canada,  India,  Japan,  Russia,  Ukraine,  the  United  Kingdom  and  the  USA. 
However, China and Brazil are not members.  

The 30 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 375 votes in 2024/252.  

For decision-making, i.e. where votes are held (see Article 12 of the Convention), 1,000 votes 
are distributed to the 11 exporting members (including the Union with 240 votes) and 1,000 
votes  to  the  19  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 International Grains Council, the European Union is represented by the 
European Commission. Member States can attend the IGC meetings, in particular the Council 
Sessions. 

2.3. 

The envisaged acts of the International Grains Council 

2.3.1. 

 Council decisions by written procedure 

During  past  years  a  few  decisions  of  the  IGC  were  taken  by  written  procedure.  However, 
there were no clear rules laid down in the Rules of Procedure. Therefore, at the meeting of the 
IGC Administrative Committee on 2 May 2024, the EU requested establishing a procedure for 
the adoption of Council decisions by written procedure.    
The  IGC  Secretariat  presented  its  first  draft  proposal3  at  the  meeting  of  the  Administrative 
Committee on 11 December 2024. That Committee agreed to circulate the draft proposal4 as 
information to the 61st Session of the IGC scheduled for 23 January 2025.  

The proposal  (‘the envisaged  act’), reviewed as  necessary, will be put  on the agenda of the 
62nd Session of the IGC for decision on 12 June 2025.   

According to the proposal, which is based on Article 14 (Decisions) of the Convention, Rule 
19  (Council  sessions:  voting)  and  Rule  20  (Administrative  Committee)  of  the  Rules  of 
Procedure will be amended.   

A new point (c) Decisions by written procedure will be inserted in Rule 19 and a new point 
(d) Decision by written procedure will be added to Rule 20.   

The envisaged act, which is a follow-up of an EU request, will establish clear rules as for the 
conditions of decision-making by written procedure in the IGC. 

2.3.2.  Member access to IGC’s archives 

Under  Article  20  (Privileges  and  immunities)  of  the  Convention  “the  status,  privileges  and 
immunities  of  the  Council  in  the  territory  of  the  United  Kingdom  shall  continue  to  be 
governed by the Headquarters Agreement between the Government of the United Kingdom of 

2 
3 
4 

The International Grains Council operates on a fiscal year basis, which runs from 1 July to 30 June. 
IGC document AC(24/25)1/8 of 11 November 2024 
IGC document GC61/6 of 16 December 2024 

EN 

2 

  EN 

 
 
 
Great Britain and Northern Ireland and the International Wheat Council”. Under Article 6 of 
the Headquarters Agreement, the archives of the Organisation (IGC) shall be inviolable. 

Following unauthorised access to the IGC member website in 2024, as well as acknowledging 
that  in  certain  instances  exceptions  to  the  inviolability  of  the  IGC’s  archives  should  be 
considered, the IGC Secretariat proposed inserting a new Rule 26 to the Rules of Procedure.  
A first draft of the proposal5 was presented for information of the 61st Session of the IGC on 
23 January 2025.  

The proposal  (‘the envisaged  act’), reviewed as  necessary, will be put  on the agenda of the 
62nd Session of the IGC for decision on 12 June 2025.   

According to the proposal, which is based on Article 20 of the Convention, a new Rule 26 on 
Member access to IGC’s archives will be added to the Rules of Procedure.  

The  new  Rule  26  will  clarify  the  conditions  for  accessing  the  IGC’s  archives  and  the 
procedure  for  doing  so.  In  particular,  all  requests  for  access  to  the  IGC’s  archives  shall  be 
made in writing and the applicant must be clearly identified 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The proposed new rules on the written procedure were requested by the EU and will introduce 
clarity on the conditions of decision-making by written procedure in the IGC. 

The proposal  for  establishing  a new  Rule on access  to  the IGC’s archives  was made by the 
IGC Secretariat. It will provide clarity on the conditions for accessing IGC’s archives. 

The European Union has always been  an active  member of the  IGC,  and the proposed new 
Rules are expected to bring more clarity to the functioning of the organisation and to further 
improve the transparency of the IGC. 

The purpose of this proposal is to seek the Council’s authorisation to the Commission to vote 
on  the  European  Union’s  behalf,  in  favour  of  the  proposed  amendments  to  the  Rules  of 
Procedure  in  the  IGC.  The  formal  decisions  about  the  proposals  are  scheduled  for  the  62nd 
Session of the IGC to be held on 12 June 2025. 

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. It also includes instruments that do 

5 

IGC document GC61/7 of 16 December 2024 

EN 

3 

  EN 

 
 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’6. 

4.1.2.  Application to the present case 

The  envisaged  acts  of  the  IGC  have  the  effects  of  amending  the  Rules  of  Procedure  by 
establishing  new  Rules  with  respect  to  the  decision-making  by  written  procedure  and 
concerning Member access to IGC’s archives. 

The  Rules  of  Procedure  provide  for  detailed  rules  for  the  management  of  the  Convention, 
which  is  an  international  agreement  binding  the  Union.  The  envisaged  acts  have  therefore 
legal effects.  

The  envisaged  acts  do  not  supplement  or  amend  the  institutional  framework  of  the 
Convention. 

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

4.2. 

Substantive legal basis 

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 
European 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. 

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 (common commercial policy). 

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. 

5. 

COMPLIANCE WITH THE DIGITAL-BY-DEFAULT PRINCIPLE 

According to the digital assessment carried out, the current proposal has no digital dimensions 
as there is no digital relevance.  

The  proposal  establishes  the  EU  position  with  respect  to  amending  the  Rules  of  Procedure 
under  the  Convention.  The  amendments  will  establish  new  rules  on  decision-making  by 
written procedure in the IGC and Member access to IGC’s archives. 

6 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 63 and 64. 

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

EN 

4 

  EN 

 
 
 
 
 
Digital means or data exchange are not under the scope of the proposal. 

6. 

PUBLICATION OF THE ENVISAGED ACT 

As the acts of the IGC will amend the Rules of Procedure under the Convention, they will be 
published on the official website of the IGC.  

EN 

5 

  EN 

 
 
2025/0072 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the International Grains 
Council with respect to establishing new rules on written procedure and Member access 
to International Grains Council’s archives 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
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) 

7 

The Grains Trade Convention, 1995 (‘the Convention’) was concluded by the Union 
by means of Council Decision 96/88/EC7 and entered into force on 1 July 1995. The 
Convention was concluded for a period of three years and has been regularly extended.   

The  Rules  of  Procedure  under  the  Convention  were  approved  by  the  International 
Grains Council on 6 July 1995.  

Article 14 of the Convention and Rule 19 of the Rules of Procedure lay down rules on 
decisions  made  by  the  International  Grains  Council.  However,  decision-making  by 
written procedure is not clearly defined. 

On 16 December 2024, the Secretariat of the International Grains Council proposed to 
amend Rule 19 and Rule 20 of the Rules of Procedure with  a view to  establish new 
rules on decision-making by written procedure in the Council and the Administrative 
Committee.  The  objective  of  the  amendments  is  to  clearly  define  the  conditions  for 
adopting decisions by written procedure.  

According to Article 20 of the Convention, the status, privileges and immunities of the 
Council  in  the  territory  of  the  United  Kingdom  are  governed  by  the  Headquarters 
Agreement  between  the  Government  of  the  United  Kingdom  of  Great  Britain  and 
Northern  Ireland  and  the  International  Wheat  Council,  which  legally  preceded  the 
International  Grains  Council.  That  Agreement  lays  down  that  the  archives  of  the 
International Grains Council shall be inviolable. 

On 16 December 2024, the Secretariat of the International Grains Council proposed to 
add a new Rule 26 on member access to International Grains Council’s archives to the 
Rules  of  Procedure.  The  objective  of  the  proposed  new  Rule  is  to  establish  clear 
conditions for accessing the International Grains Council’s archives and the procedure 

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). 

EN 

1 

  EN 

 
 
(7) 

for doing so. In particular, all requests for access to the IGC’s archives shall be made 
in writing and the applicant must be clearly identified. 
It is appropriate to establish the positions to be taken on the Union's behalf in the 62nd 
session of the International Grains Council with respect to the amendment of the Rules 
of  Procedure  under  the  Convention  concerning  the  introduction  of  new  rules  on 
decision-making  by  written  procedure  and  the  conditions  for  access  to  the 
International  Grains  Council’s  archives.  The  proposed  amendments  aim  at  bringing 
more  clarity  to  the  functioning  of  the  organisation  and  further  improving  the 
transparency of the International Grains Council and therefore are in the interest of the 
Union, 

HAS ADOPTED THIS DECISION: 

Article 1 
The position to be taken on the Union’s behalf in the 62nd session of the International Grains 
Council shall be to vote in favour of inserting a new point (c) in Rule 19 and a new point (d) 
in Rule 20 of the Rules of Procedure under the Grains Trade Convention, 1995, in accordance 
with  the  proposal  submitted  by  the  Secretariat  of  the  International  Grains  Council  on  16 
December 2024, with the objective to establish a procedure for the adoption of International 
Grains Council decisions by written procedure. 

Article 2 

The position to be taken on the Union’s behalf in the 62nd session of the International Grains 
Council shall be to vote in favour of adding a new Rule 26 to the Rules of Procedure under 
the  Grains  Trade  Convention,  1995,  in  accordance  with  the  proposal  submitted  by  the 
Secretariat  of  the  International  Grains  Council  on  16  December  2024,  with  the  objective  to 
clarify conditions for accessing the International Grains Council’s archives.  

Article 3 

This Decision is addressed to the Commission. 

Done at Brussels, 

For the Council 
The President 

EN 

2 

  EN