CELEX: 51990PC0193
Language: en
Date: 1990-05-04
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATIONS ( EEC ) NO 3972/86 ON FOOD-AID POLICY AND FOOD-AID MANAGEMENT, NO 2507/88 ON THE IMPLEMENTATION OF STORAGE PROGRAMMES AND EARLY WARNING SYSTEMS AND NO 2508/88 ON THE IMPLEMENTATION OF CO-FINANCING OPERATIONS FOR THE PURCHASE OF FOOD PRODUCTS OR SEEDS BY INTERNATIONAL BODIES OR NON-GOVERNMENTAL ORGANISATIONS

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                                          COM(90) 193 f i n a l
                                                          Brussels,     4   May 1990
                                        Proposal f o r a
                               COUNCIL REGULATION (EEC)
                                    amending Regulations (EEC)
N° 3972/86 on f o o d - a i d p o l i c y and f o o d - a i d management, NT 2507/88 on the
implementation o f storage programmes and e a r l y warning systems and
N° 2508/88 on the implementation of c o - f i n a n c i n g o p e r a t i o n s for the
purchase of food products or seeds by i n t e r n a t i o n a l bodies or non-
governmental o r g a n i s a t i o n s
                         (presented by the Commission)
 ---pagebreak---                            Explanatory Um*srm6im
1. Council Regulation (E.E.C.) 3972/86
   1.1.     Council Regulation (E.E.C.) 3972/86 on food aid policy and food
            aid management was adopted on 22nd December 1986, on the basis
            of article 235 of the Treaty establishing the E.E.C.
            This regulation had an expiry date fixed at 31 December 1987,
            discussions being still In course about the general question of
            the whole com!to logy system within the Community.
            The type of committee established by the Regulation resulted
             in fact In a hybrid of the Management committee (Procedure II)
            and the 'Regulatory' type of committee (Procedure III)
            subsequently defined by Council Decision (87/373/E.E.C.) of
            13th July, 1987.
   1.2.     Therefore on 16.10.87 the Commission presented to the Council a
            draft to amend Regulation (E.E.C.) no. 3972/86. This proposal
            intended to adapt the Food Aid Committee to the types of
            Committees established by the Decision of the Council of the
            13th July mentioned above.
             In its proposal, the Commission proposed a dual-purpose
            committee which would act as an advisory committee on matters
            concerning allocation of food aid (1) and as a management
            committee when called on to deliver an opinion on provisions
            concerning food aid management procedures.
            Thus, in respect of the apportionment of quantities among the
            recipients and the adjustment of allocation during the
             implementation of the programme an advisory committee,
            Procedure I of Decision 87/373/EEC, was proposed.
            Regarding the list of products, the total quantities and the
            rules for mobilising products, the Commission proposed that the
            Food Aid Committee should work according to Procedure II,
            variant (a) as provided for in Decision 87/373/EEC.
   1.3.     The Parliament Introduced an amendment to the Commission's
            proposal which was accepted by the latter and presented to the
            Council (DOC LET/87/14316 of 26.XI/87). This amendment aimed
             to make the Food Aid Committee act as an advisory committee
             also for the establishment of the annual global quantities.
            Nevertheless, the Member States did not reach agreement on this
             proposal and the Council decided on 14th December 1987 to
            extend the validity of Regulation no. 3972/86 for a six month
             period. (Regulation (EEC) No 3785/87 of 18.12.1987).
    (1) Except In case of emergency, where the Regulation provides for
   decisions taken by the Commission alone.
 ---pagebreak---            The Commission requested the inclusion In the Council minutes
           of a declaration underlining that the Commission draft
           proposal to amend Regulation (E.E.C.) no. 3972/86 was still
           under Council consideration.
   1.4.    The validity of Regulation no. 3972/86 was initially extended
           for a one year period until 30th June 1989, (Regulation (EEC)
           no. 1870/88 of 30th June 1988) and subsequently until 30th June
           1990 then (Reg. (EEC) no. 1750/89 of 19th June).
   1.5.    During the proceedings for this last extension the Commission
           asked for the inclusion within the Council minutes of a
           statement stressing that the extension of the framework
           Regulation, Insofar as it envisaged that the Commission would
           be assisted by the existing committee for all the powers
           referred to In article 5, would result In a deterioration of
           the decision making process. The Commission also stated that
           the procedure adopted by the Council did not comply with the
           rules of the Treaty, particularly article 205.
2. Council Regulations (E.E.C.) 2507 and 2508/88
   2.1.    Council Regulations (E.E.C.) 2507/88 on the implementation of
           storage programmes and early warning systems and 2508/88 on the
           Implementation of co-financing operations for the purchase of
           food products or seeds by International bodies or non-
           governmental organisations were passed on 4th August 1988, both
           on the basis of article 235 of the Treaty establishing the
           E.E.C and both applicable till 30th June 1989.
           The Commission had proposed (COM (88) 448 final and COM (88)
           453 final) to establish the same type of committee as that
           envisaged to deal with similar measures in its proposal to
           amend the food aid framework Regulation i.e. a 'Consultative
           Committee'.
           The type of committee created by the Regulation as enacted
           corresponds to 'Procedure Ilia' ('Regulatory Committee') of
           Council Decision (87/373/C.C.E.) of 13th July 1987 except for
           the decisions in cases of emergency or of contributions
           involving amounts not exceeding 400.000 ECU which shall be
           taken by the Commission alone.
   2.2.    The validity of both Regulations 2507/88 and 2508/88 was
           extended for a one year period, until 30th June 1990
           (Regulations (E.E.C.) 1751/89 and 1752/89 of 19.6.1989), while
           the Court judgement was awaited (see point 3 ) .
                                                                     ../.
 ---pagebreak--- 3. Court proceedings
   3.1.     The Commission decided to initiate before the Court of Justice
            proceedings for annulment of the "com I to logy" provisions of
            Regulations 1870/88, 2507/88 and 2508/88.
   3.2.     The Commission did not pursue the proceedings presented given
            the judgement of the Court In a similar case.O) the Court
            considering that the use of the "advisory committee" procedure
            was not necessarily required for measures having financial
            implications, and In particular that the "management committee"
            procedure was also permissible in this case.
4. Act ion to be taken
   Regulations 3972/86, 2507/88 and 2508/88 expire on June 30th, 1990.
   Action is to be taken, before the expiry date, In respect of the type
   of committee to be established permanently for the decision making
   procedure.
   With a view to rationalising the decision making procedures in the
   field of food aid and complementary action closely related to It, the
   Commission proposes that, where it is assisted by the Food Aid
   Committee, this committee will be acting under the same procedure for
   all the decisions to be taken under Regulations (EEC) Nos 3972/86,
   2507/88 and 2508/88.
   The Commission proposes a management committee procedure (Procedure
    lia) for the three Regulations as It appears to be the most efficient
   and appropriate decision making process.
   The Commission requests the Council to adopt the annexed draft
   Régulât ion.
(1) Court ruling of October 24th, 1989.    Case No 16/88
 ---pagebreak---                                 Proposal for a
                           COUNCIL REGULATION (EEC)
                          amending Regulations (EEC)
            No 3972/86 on food-aid policy and food-aid management,
          No 2507/88 on the implementation of storage programmes and
          early warning systems and No 2508/88 on the Implementation
        of co-financing operations for the purchase of food products
     or seeds by international bodies or non-governmental organisations
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas Council Regulation (EEC) No 3972/86<1>, No 2507/88<2> and No
2508/88(3) establish that, for the purpose of implementation of some of
their provisions, the Commission shall be assisted by a committee;
Whereas Council Decision 87/373/EEC(4> laid down the procedures for the
exercise of implementing powers conferred on the Commission;
Whereas the procedure for the Food Aid Committee laid down In Regulation
(EEC) No 3972/86 does not conform to the rules set out in Decision
87/373/EEC and should consequently be adapted with a view to complying with
the said rules;
Whereas the Food Aid Committee should also assist the Commission in the
framework of Regulations (EEC) Nos 2507/88 and 2508/88 in accordance with
the same procedure; whereas these Regulations should, therefore, be
modified accordingly.
Whereas Regulations (EEC) Nos 3972/86, 2507/88 and 2508/88 are applicable
only until 30 June 1990 and should be given permanent effect;
Whereas the Treaty has not provided, in the field of food aid policy, the
necessary powers other than those of Article 235.
(1) OJ No L 370, 30.12.1986, P. 1 and corrigendum In OJ L 42, 12.2.1987, P
     54 as last amended by Regulation (EEC) No 1750/89 of 19.6.1989 0J No L
     172 of 21.6.1989.
(2) 0J No L 220, 11.8.88, P.1, as last amended by Regulation (EEC) No
     1751/89 of 19.6.1989 0J No L 172 of 21.6.1989.
 (3) 0J No L 220, 11.8.1988, P.4 as last amended by Regulation (EEC) No
     1752/89 Of 19.6.1989 0J No L 172 of 21.6.1989.
(4) 0J No L 197, 18.7.1987, P.33.
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                  Article 1
Regulation (EEC) No 3972/86 is hereby amended as follows:
1.  Article 7, par. 1, is replaced by the following:
    "Art icle 7, par. 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.  Article 8 of Regulation (EEC) No 3972/86 Is replaced by the following:
         "Article 8
         Where recourse Is had to the procedure defined 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. 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
         representatives of the Member States within the committee shall be
         weighted in the manner set out in that Article. The chairman shall
         not vote.
         The Commission shall adopt measures which shall 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 may defer
         application of the measures which it has decided for a period of
         not more than one month from the date of such communication.
         The Council, acting by a qualified majority, may take a different
         decision within the time limit referred to in the previous
         paragraph."
                                  Article 2
    Regulations (EEC) Nos 2507/88 and 2508/88 are hereby amended as
    fol lows:
    In Article 8 para 1 of Regulation 2507/88 and 3 para 1. of Regulation
    2508/88, the words "shall be taken by the Commission" are replaced by
    "are adopted according to the procedure defined in paragraph 2".
    Article 8, pars 2 & 3, of Regulation 2507/88 and article 3, pars 2 & 3,
    of Regulation 2508/88 are replaced by the following par. 2:
    "The Commission shall be assisted by the Food Aid Committee established
    by article 7, par. 1, of Regulation (EEC) No 3972/86 according to the
    procedure laid down by article 8 of the said Regulation".
 ---pagebreak--- 2.   Pars 4 of articles 8 and 3 of, respectively, Regulations (EEC) Nos
     2507/88 and 2508/88 become pars. 3.
                                  Article 3
The second paragraph of articles 14, 13 and 9 of Regulations (EEC) No
3972/86, 2507/88 and 2508/88, respectively, are deleted.
                                  Article 4
This regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in Its entirety and directly applicable in
a I I Member States.
Done at Brussels,
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(90) 193 final
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