CELEX: 51995PC0283
Language: en
Date: 1995-07-14
Title: Proposal for a COUNCIL REGULATION (EC) on food aid policy and food aid management and special operations in support of food security

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51995PC0283

Proposal for a COUNCIL REGULATION (EC) on food aid policy and food aid management and special operations in support of food security  /* COM/95/283 FINAL - SYN 95/0160 */  

Official Journal C 253 , 29/09/1995 P. 0010

Proposal for a Council Regulation on food aid policy and food aid management and special  operations in support of food security(95/C  253/05)COM(95) 283 final - 95/0160(SYN) (Submitted by the Commission on 14 July 1995)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130W, Having regard to the proposal from the Commission, In cooperation with the European Parliament, Whereas food aid is an essential aspect of the Community's policy of cooperation with the  developing countries; Whereas food aid must be integrated into the developing countries' policies for the improvement of  their food security, in particular by the establishment of food strategies; Whereas the Community and its Member States closely coordinate their development cooperation  policies and consult one another on their food aid programmes; whereas the Community, with its  Member States, is a party to certain international agreements in this domain, and in particular the  Food Aid Convention; Whereas the food aid and operations in support of food security are key features of Community  development policy and must be taken into account in all Community policies likely to affect the  developing countries; Whereas food aid must be an effective instrument ensuring access to an adequate and appropriate  diet and improving the availability and accessibility of foodstuffs to the public, consistent with  local dietary habits and production systems, particularly in food crises, and fully integrated into  development policy; Whereas the food aid instrument is a key component of the Community's policy on preventing or  helping in crises in the developing countries; whereas account should be taken in its  implementation of this fundamental role as a factor for social and political stabilization; Whereas food aid operations cannot be part of a viable solution unless they are integrated into  development operations geared to relaunching local production; Whereas analysis, diagnosis, programming and monitoring need to be improved to make food aid more  effective and avoid adverse effects on local production, distribution, transport and marketing  capacities; Whereas food aid should be made a real instrument of the Community's policy of cooperation with the  developing countries, thereby enabling the Community to participate fully in multiannual  development projects; Whereas it is therefore necessary that the Community be able to provide a steady overall flow of  aid and be in a position, in appropriate cases, to undertake to supply to the developing countries  minimum amounts of products under specific multiannual programmes linked to development policies as  well as to enter into undertakings in relation to international organizations; Whereas the Community's support for the developing countries' efforts to achieve food security  could be enhanced by greater flexibility in food aid, granting financial support for operations  concerning food security, and in particular the development of farming and food crops, as an  alternative to food aid in certain circumstances; Whereas the Community can assist those in need in the developing countries by helping finance  operations in support of food security through the purchase of food products, seed, agricultural  implements and inputs, andthrough storage programmes, early-warning systems, mobilization, training  and technical assistance; Whereas Community food-aid policy must adjust to geopolitical change and the economic reforms under  way in many recipient countries; Whereas a list should be drawn up of the countries and bodies eligible for food aid operations; Whereas to that end provision should also be made for food aid to be made available to  international and non-governmental organizations; whereas such organizations must satisfy a number  of conditions guaranteeing the success of food-aid operations; Whereas, in order to facilitate the application of certain of the measures envisaged, provision  should be made for close cooperation between the Member States and the Commission within a Food Aid  Committee; Whereas in determining the steps to be taken for the execution of food-aid operations the  implementing procedures should be adjusted to the specific nature of each recipient area, though  within the framework of a common policy and strategy; Whereas, in order to ensure better management of food aid, aligning it more closely on the  interests and needs of the recipient countries, and to improve the decision-making and implementing  procedures, it is desirable to replace Council Regulations (EEC) No 3972/86 of 22 December 1986 on  food-aid policy and food-aid management  (1), as last amended by Regulation (EEC) No 1930/90  (2),  Council Regulation No 1755/84 of 19 June 1984 on the implementation in relation to food of  alternative operations in place of food-aid deliveries  (3), Council Regulation No 2507/88 of 4  August 1988 on the implementation of storage programmes and early warning systems  (4), Council  Regulation (EEC) No 2508/88 of 4 August 1988 on the implementation of cofinancing operations for  the purchase of food products or seeds by international bodies or non-governmental organizations   (5) and Council Regulation (EEC) No 1420/87 of 21 May 1987 laying down procedures for the  implementation of Regulation (EEC) No 3972/86 on food-aid policy and food-aid management  (6), HAS ADOPTED THIS REGULATION: CHAPTER 1 Objectives and general guidelines for food-aid and operations in  support of food security Article 1 Under its policy of cooperation with developing countries and  in order to respond appropriately to food crises, the Community shall carry out food-aid operations  and operations in support of food security in the developing countries. TITLE I Food-aid operations Article 2 1.  The objectives of the food-aid operations and  operations in support of food security referred to in Article 1 shall, in particular, be: - to promote food security in the recipient countries and regions, - to raise the standard of nutrition of the recipient population, - to contribute towards the balanced economic and social development of the recipient countries, - to support the efforts of the recipient countries to improve their own food production and reduce  their dependence on food imports. 2.  The Community's food aid shall be integrated as thoroughly as possible into the development  policies, particularly those on agriculture and agri-foodstuffs, and the food strategies of the  countries concerned. Food aid and operations in support of food security shall back up the  recipient country's policies on poverty, nutrition, family planning, environmental protection and  rehabilitation, with special attention to the continuity of programmes, particularly in a  post-emergency situation. Whether sold or distributed free of charge, aid must not be liable to  disrupt the local market. 3.  The products supplied, along with any other operation, in the course of food aid shall reflect  as closely as possible the dietary habits of the recipient population and shall not adversely  affect the recipient country. When choosing the products to be supplied as Community aid and the procedures for the mobilization  and distribution of that aid, particular account shall be taken of the social aspects of access to  food in the recipient countries, and especially of the most vulnerable groups and the role of women  in the household economy. 4.  Food aid shall primarily be allocated on the basis of an objective evaluation of the real needs  justifying such aid, with economic considerations also being taken into account. To that end,  particular consideration shall be given to the following criteria, without excluding other relevant  considerations: - food shortfalls, - per capita income and the existence of particularly poor population groups, - the recipient country's balance-of-payments situation, - the economic and social impact and financial cost of the proposed operation, - the existence in the recipient country of a long-term policy on food security. 5.  The granting of food aid shall, where necessary, be conditional on the implementation of annual  or multiannual development projects, sectoral operations or development programmes, and in  particular those which promote sustainable long-term food production in the recipient countries  within the framework of a food policy and strategy. Where appropriate, this aid may take the form  of a direct contribution to the implementation of such projects, operations or programmes. Where  Community aid is intended for sale, such complementarity must be ensured by the use of counterpart  funds for purposes agreed by the Community and the recipient country. Where aid is provided as  backing for a development programme spread over a number of years, it may be supplied on a  multiannual basis linked to the programme in question. Besides the allocation of basic foodstuffs,  aid may be used for the supply of seed, fertilizer, tools, other inputs and commodities, the  creation of reserves and awareness and training schemes. 6.  As a key component of food-security programmes consideration should be given to the creation by  the recipient countries of buffer stocks, in tandem with the setting-up of regional reserves  administered by regional or international organizations. TITLE II Operations in support of food security Article 3 Where circumstances warrant it, the  Community may carry out operations in support of food security in developing countries suffering a  food shortfall. Such operations may be implemented by the recipient countries, the Commission, international bodies  or non-governmental organizations. The purpose of these operations shall be to support, using the resources available, the drafting  and execution of a food strategy or other measures fostering the food security of the countries  concerned and to encourage them to increase their degree of self-sufficiency in food. The said  operations must help to improve the living standards of the poorest people in the countries  concerned. Operations in support of food security shall take the form of financial and technical assistance,  in accordance with the criteria and procedures laid down in this Regulation. Such operations shall  be appraised in the light of their consistency with, and complementarity to, the objectives and  operations financed by other Community development-aid instruments. Article 4 A developing country eligible for food aid under this Regulation may receive part or  all of the food aid that has been - or may be - allocated to it in the form of alternative  operations, with particular account being taken of trends in production, consumption and reserves  in that country, the food situation of its inhabitants and the food aid granted by other donors. Article 5 Operations in support of food security shall take the form of technical and financial  assistance aimed, in accordance with the objectives laid down in Article 1, at improving food  security by helping finance, for example: - the supply of seed and inputs crucial to the production of food crops, - rural credit schemes, - storage schemes at the level of individual farmers or at village, local, regional or national  level, - operations concerning the marketing, transport, distribution or processing of agricultural and  food products, - measures to foster commercial food imports, - applied research and field training, - projects to develop the production of food crops, - flanking and awareness operations, in particular field training. TITLE III Early-warning systems and storage programmes Article 6 The Community may cover the  cost of operating early-warning systems concerning the food situation in developing countries. It  may also cover the cost of implementing storage programmes in these countries in support of  food-aid operations under this Regulation or comparable measures undertaken by the Member States,  international bodies or non-governmental organizations. Such operations should take account of other Community aid instruments, including the use of  counterpart funds generated by the sale of food aid, and be compatible with Community development  policy. These operations are intended to strengthen the food security of the recipient countries. They must  help improve the living standards of the poorest sections of the population in the countries  concerned and conform with their development objectives, in particular the policy on food crops. Community participation in such operations shall take the form of financial and/or technical  assistance, in accordance with the criteria and procedures laid down in this Regulation. Article 7 Community support for storage programmes and early-warning systems may be granted, upon  request, to international bodies or non-governmental organizations for operations to help  developing countries eligible for food aid from the Community and its Member States. Article 8 Community aid may help finance the following measures: - early-warning systems and systems for gathering data on trends in harvests, stocks and markets,  with a view to improving understanding of the food situation in the countries concerned, - operations aimed at improving storage systems with a view to reducing waste or ensuring  sufficient storage capacity for emergencies; such operations may also include the establishment of  the infrastructure, and in particular the bagging, unloading, disinsection, treatment and storage  facilities, needed to handle food products in these countries in support of food-aid operations or  operations in support of food security, - preparatory studies and training schemes in connection with the above activities. CHAPTER II Implementing procedures for food aid and operations in support of food security  Article 9 1.  The countries and bodies eligible for Community aid for operations under this  Regulation are listed in the Annex. The Commission may amend that list of countries and bodies after consulting the committee provided  for in Article 26 according to the procedure laid down in Article 27. 2.  Aid may also be made available to non-governmental organizations that meet the following  criteria: (a) have a legal status characteristic of such organizations; (b) have their headquarters in a Member State of the Community, the recipient country or,  exceptionally, in the case of international non-governmental organizations, a third country; (c) show that they can successfully carry out food-aid operations; (d) undertake to comply with the conditions laid down by the Commission for the allocation of food  aid. Article 10 1.  The Community may help finance operations in support of food security of the kind  described in Titles I and II (Chapter I) executed by the recipient country, the Commission,  international bodies or non-governmental organizations. 2.  Cofinancing operations may be carried out at the request of recipient countries, international  bodies or non-governmental organizations, where such operations seem the most appropriate way of  enhancing the food security of groups without the ways and means to cope with a food shortfall  themselves. 3.  Where operations are being financed in support of food security, the Community contribution  shall cover the purchase, in the Community or the developing countries, and the transport of food  products and seed, tools and inputs. Article 11 1.  Products shall be mobilized on the Community market, in the recipient country or  in one of the developing countries (listed in the Annex to this Regulation), if possible one  belonging to the same geographical region as the recipient country. 2.  Exceptionally, products may be mobilized on the market of a country other than those provided  for in paragraph 1: - if the requisite type or quality of product is unavailable on the market of the Community or any  of the developing countries, - in a food crisis, where such purchases are likely to increase the effectiveness of the  operation. 3.  Food aid products available on the Community market may be mobilized on the market of a  developing country, if the economic efficiency of doing so compares favourably with that of  mobilizing products on the Community market and such purchases remain within limits which do not  undermine the principle of mobilizing products on the Community market. 4.  Where food is purchased in a developing country, steps must be taken to ensure that such  purchases threaten neither to disrupt the market of the country concerned or of any other  developing countries in the same region nor to affect adversely the supply of food to their  inhabitants. Such purchases shall be integrated as thoroughly as possible into the implementation  of Community development policy towards that country, particularly with regard to the promotion of  food security in that country or at regional level. Article 12 Where a recipient country has partially or totally liberalized food imports, the  mobilization of Community aid must be consistent with that country's policy and not distort the  market. In such cases, the Community contribution may take the form of a foreign-currency facility to be  made available to privat-sector operators in the country concerned, subject to the operation being  part of a sectoral policy (including the strategy on the importation of basic foodstuffs)  consistent with the economic policy in question. Such aid shall be governed by the criteria laid down in Article 11. Article 13 1.  The Community may cover costs related to the transport of food aid. 2.  In other cases where the Commission believes that the Community should cover costs related to  the inland transport of food aid, it shall take account of the following general criteria: - a serious food crisis, - the delivery of food aid to low income countries suffering from serious food shortages, - whether the food aid is destined for the international bodies or non-governmental organizations  referred to in Article 10, - the need to increase the efficiency of the food aid operation in question. 3.  Where food aid is sold in the recipient country, the Community should cover inland transport  costs only in exceptional circumstances. 4.  The Community may also cover the air transport costs of food aid operations in exceptional  circumstances. Article 14 The Community may cover distribution costs where the smooth execution of the food-aid  operations concerned requires it. Article 15 Community aid shall take the form of grants. Aid may cover the external and local costs of implementing operations, including maintenance and  operating costs. Community financing shall not be used to pay taxes, duties and charges. Any counterpart funds shall be used in accordance with the objectives laid down in this Regulation  and in agreement with the Commission. Article 16 The Community contribution may also cover flanking activities connected with the  supply of food aid, such as supervision, distribution and field training. Article 17 Participation in invitations to tender and other procedures for the award of contracts  shall be open on equal terms to all natural and legal persons of the European Community and the  recipient country. It may be extended by the Commission to any specific operation to natural and  legal persons of other developing countries receiving Community aid. It may exceptionally be extended to natural and legal persons of third countries. The Commission shall, when implementing this Regulation, guarantee the openness of the procedures  in question by publicizing them properly. Article 18 The Commission may authorize a representative to conclude cofinancing agreements in  its name. Article 19 1.  Decisions laying down the terms for the implementation of aid under this  Regulation shall be adopted by the Commission. 2.  Aid shall not be granted to recipients unless they undertake to comply with the allocation,  mobilization and implementing conditions communicated to them by the Commission. Article 20 The Commission shall take all measures necessary for the proper implementation of  food-aid programmes and operations, and operations in support of food security. To that end, the Member States shall lend it all necessary assistance, and shall in particular  provide all relevant information. CHAPTER III Procedures for implementing food-aid operations and operations in support of food  security Article 21 1.  In the field of food aid, the Council, acting by a qualified majority,  on a proposal from the Commission and after seeking the opinion of the European Parliament, shall: - apportion the cereals aid provided for under the Food Aid Convention between Community and  national operations, - apportion among Member States the national cereals operations under the Food Aid Convention. Article 22 The Commission, after consulting the Committee provided for in Article 26, in  accordance with the procedure laid down in Article 27, and taking account of the general policy  guidelines for food aid, shall: - adopt the list of products which may be mobilized as aid, - establish the total quantities for each product on an annual or multiannual basis, - lay down rules for mobilization, monitoring and evaluation, - determine each recipient's share, in terms of quantity and cost, of the products which may be  mobilized, within the budget limit for each product, - where necessary, adjust allocations during the implementation of programmes, - amend, according to the procedure laid down in Article 26 and 27, the list of recipient countries  and organizations. Article 23 The Commission shall follow the procedure laid down in Article 27 when making a  decision: - granting food aid or aid for an alternative operation and laying down the conditions for the  supply of that aid, - granting a contribution to international bodies and non-governmental organizations for the  financing of operations in support of food security, - granting aid for a storage programme or early-warning system. Article 24 1.  In accordance with the Council decisions referred to in Article 21 and the  decisions taken under Article 22, the Commission shall decide on: (a) emergency actions, where famine or an imminent danger thereof seriously threatens the lives or  health of people in a country without the ways and means to cope with a food shortfall itself,  after consulting the Member States by the most appropriate means and according them three working  days in which to put forward any objections; (b) the conditions governing the supply and implementation of aid, in particular: - the general conditions applicable to recipients, - initiation of the procedures governing mobilization, the supply of products and the  implementation of other measures, and conclusion of the relevant contracts. 2.  For the purposes of paragraph 1 (a), the Commission shall be entitled to take all necessary  measures to speed up the supply of food aid. The volume of aid granted in a given case shall be limited to the quantities needed by those  affected to cope with their situation for a period not normally exceeding six months. The Commission shall ensure that priority is given at all stages to the mobilization of food aid  for the operations provided for in paragraph 1 (a) and (b). Article 25 Where operations involve limited amounts, the Commission shall grant aid according to  the procedures and within the limits established beforehand by the Committee provided for in  Article 26. Article 26 1.  The Commission shall be assisted by a Food Aid Committee, hereinafter referred to  as 'the Committee`, composed of the representatives of the Member States and chaired by the  representative of the Commission. 2.  The Commission must, in particular, examine carefully the long-term implications of any  proposal to commit funds for food security at national, regional and household level in the  recipient countries. 3.  The Committee shall draw up its own rules of procedure. Article 27 Where recourse is had to the procedure described in this Article, the representative  of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee  shall deliver its opinion on the draft within a time limit which the chairman may lay down  according to the urgency of the matter in question. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required  to adopt on a proposal from the Commission. The votes of the Member States' representatives within  the Committee shall be weighted in the manner set out in that Article. The chairman shall not  vote. The Committee shall examine proposed decisions in terms of their impact on long-term food security  and whether or not they form part of a consistent food-security policy. It shall study and monitor  food-security policies receiving Community funding and examine proposals for joint initiatives. The Commission shall adopt measures which apply immediately. However, if these measures are not in  accordance with the opinion of the Committee, they shall be communicated by the Commission to the  Council forthwith. In that event, the Commission shall defer application of the measures which it  has adopted for a period of two months from the date of communication. The Council, acting by a qualified majority, may take a different decision within the period laid  down in the previous subparagraph. Article 28 The Member States shall decide on their national food aid programmes and inform the  Commission, which, after consulting the Committee and in accordance with the procedure laid down in  Article 27, shall stipulate how notification of national operations is to be provided. The coordination of the programming and implementation of Community and national food aid  operations shall be the subject of a regular exchange of information within the Committee. In this  exchange of information, which shall take place at the request of the chairman of the Committee or  a representative of a Member State, account shall also be taken of any known operations by other  donors. Article 29 The Committee may examine any other matter concerning food aid raised by its chairman,  either on the latter's own initiative or at the request of a representative of a Member State. Article 30 The Commission shall undertake regular evaluations of significant food-aid operations  to establish whether the objectives laid down in the appraisal of those operations have been  achieved and to provide guidelines for improving the effectiveness of future operations. The  evaluation reports shall be made available to the Committee. The Commission shall draw up procedures for the dissemination and communication of the conclusions  of evaluation exercices to the internal departments and external organizations concerned. Article 31 The European Parliament shall be informed of the management of food aid by the  communication, upon their adoption, of the decisions referred to in Articles 21 to 25 and by the  annual transmission of progress reports on the various operations in the financial years  concerned. The decisions referred to in Articles 22 to 25 and the reports referred to in the previous  subparagraph shall be communicated to the Council at the same time. Article 32 Regulation (EEC) No 3972/86, (EEC) No 1755/84, (EEC) No 2507/88, (EEC) No 2508/88 and  (EEC) No 1420/87 shall be repealed. Article 33 This Regulation shall enter into force on the third day following that of its  publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. (1) OJ No L 370, 30. 12. 86, p. 1.  (2) OJ No L 174, 7. 7. 1990, p. 6.  (3) OJ No L 165, 23. 6. 1984, p. 7.  (4) OJ No L 220, 11. 8. 1988, p. 1.  (5) OJ No L 220, 11. 8. 1988, p. 4.  (6) OJ No L 136, 26. 5. 1987, p. 1.   ANNEX 1.  Countries>TABLE>2.  Bodies>TABLE  POSITION>3.  Non-governmental organizationsNon-governmental development  organizations of the Community, the recipient country or, exceptionally, a third country.