CELEX: 51980PC0478(03)
Language: en
Date: 1980-07-28
Title: Proposal for a Council Regulation laying down general rules for the supply as food aid of products other than cereals, skimmed-rnilk powder or butteroil to certain developing countries and specialized bodies

Official Journal of the European Communities                               No C 212/3
20. 8. 80
                                                             II
                                                     (Preparatory Acts)
                                               COMMISSION
              Proposal for a Council Regulation laying down general rules for the supply as food aid of
              products other than cereals, skimmed-milk powder or butteroil to certain developing
                                              countries and specialized bodies
                              (Submitted by the Commission to the Council on 1 August 1980)
THE COUNCIL OF THE EUROPEAN                                      Whereas the Commission must be in a^ position to
COMUNITIES,                                                      meet the needs of certain developing countries and
                                                                 specialized bodies for some of those products;
Having regard to the Treaty establishing the
European Economic Community, and in particular
Articles 43, 209 and 235 thereof,                                Whereas such products may be available either on the
                                                                 Community market or on the world market par-
Having regard to the proposal from the Commission,               ticularly in producing areas near the developing
                                                                 countries with a shortfall;
Having regard to the opinion of the European Par-
liament,
                                                                 Whereas in supplying these products regard should be
                                                                 had to their availability within the Community and
Having regard to the opinion of the Court of                     the need to avoid disturbing market conditions;
Auditors.
Whereas the Council by its resolution of 16 July 1974
agreed to diversify the range of products to be                   Whereas there is a need to respond effectively to the
supplied and to adapt it to the needs of recipient                needs expressed by certain developing countries and
countries, taking into account availabilities within the          specialized bodies, particularly in emergencies;
 Community;
Whereas the Council by its Decision of 22 March                   Whereas supplies must be delivered at the cheapest
 1977 agreed to the improvement of the Community's                possible price; whereas in order to achieve that aim it
food aid strategy (');                                            is necessary to make provision for a tendering
                                                                  procedure; whereas in exceptional cases it may,
Whereas to make up their nutritional shortfall, certain           however, in the interests of speed, be preferable to
developing countries and specialized bodies require               have recourse to a direct agreement procedure;
products other than those normally supplied by the
 Community as food aid;
                                                                  Whereas, in order to enable the aid to be used
                                                                  effectively, provision should be made for the
 (') S/534/77 of 29. 3. 1977.                                     financing of certain transport and distribution costs,
 ---pagebreak--- No C 212/4                           Official Journal of the European Communities                            20.8.80
HAS ADOPTED THIS REGULATION:                                                           Article 4
                         Article 1                             1. The products to be supplied shall be procured in
                                                              the Community. However, in an emergency or where
                                                              supplies are not available on the Community market
Products other than cereals, skimmed milk powder or           on normal terms, they may be procured by purchase
butteroil may be made available as food aid to                on the world market.
developing countries and specialized bodies.
                                                              2.   Where the products to be supplied are subject to
                         Article 2                            a common organization of the market, the
                                                              procurement terms shall be determined by the
The nature of the products referred to in Article 1           Commission in accordance with the management
                                                              committee procedure.
shall be determined by the Council acting by a
qualified majority on a proposal from                the
Commission.                                                   3.   Where the products to be supplied are not
                                                              subject to a common organization of the market, the
                                                             procurement terms shall be determined by the
                         Article 3                           Commission, derogating if necessary from Articles 50
                                                             to 58 of the Financial Regulation.
1.    The cost of the products delivered to the port of
shipment or a corresponding stage shall be covered by
the Community.                                                                        Article 5
2.    In exceptional cases, and in particular in the         Without prejudice to Article 3 (3), invitations to
event of an emergency, the Community may also                tender shall be issued for delivery of the products,
wholly or partially finance on the basis of a decision       including packing, labelling and forwarding to the
adopted in accordance with the procedure set out in          port of shipment or a corresponding stage, save in
Article 2                                                    exceptional cases where a direct agreement procedure
                                                             may be used.
— shipment to the frontier of the country and,
    possibly, to the places of destination, and
— distribution, where the goods are distributed by a                                  Article 6
    specialized body.
                                                             This Regulation shall enter into force on the third
3.    The costs referred to in paragraph 2 shall be          day following its publication in the Official Journal of
paid by the Commission to the recipient country or           the European Communities.
body either wholly or in part or as a lump-sum
contribution where arrangements for implementation           This Regulation shall be binding in its entirety and
so provide.                                                  directly applicable in all Member States.