CELEX: 51984PC0481
Language: en
Date: 1984-09-10
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN IMPLEMENTING RULES FOR REGULATION ( EEC ) NO 3331/82 ON FOOD AID POLICY AND FOOD AID MANAGEMENT

No C 264/8                          Official Journal of the European Communities                               3. 10.84
where necessary, on-the-spot checks may be carried                                      Article 23
out throughout the whole of that period.
                                                               This Regulation shall enter into force on 1 January
                                                               1985.
                       Article 22
                                                               It shall apply until 31 December 1989.
The Commission shall report regularly to the Council
and the European Parliament on the application of              The Regulation shall be binding in its entirety and
this Regulation.                                               directly applicable in all Member States.
              Proposal for a Council Regulation laying down implementing rules for Regulation (EEC)
                              No 3331/82 on food-aid policy and food-aid management
                                                  COM(84) 481 final
                         (Submitted by the Commission to the Council on 13 September 1984)
                                                    (84/C 264/05)
THE COUNCIL OF THE EUROPEAN                                    Whereas provision should also be made for the
COMMUNITIES,                                                   possibility of making food aid available to non-
                                                               governmental organizations, whereas the latter must
Having regard to the Treaty           establishing   the       meet certain conditions guaranteeing the successful
European Economic Community,                                   execution of food-aid operations;
Having regard to Council Regulation (EEC) N o                  Whereas the basic and derived products which may
3331/82 ('), and in particular the first, fourth,              be supplied under food-aid operations should be
fifth, sixth and seventh indents of Article 4 (1) and          determined by taking account, in particular of the
(2) thereof,                                                   available stocks of the products in question;
Having regard to the proposal from the Commission,             Whereas general criteria should also be established
                                                               for the transport of food aid beyond the fob stage,
Having regard to the opinion of the            European        taking into account the financial and geographical
Parliament,                                                    situation of the countries concerned and the channels
                                                               and intermediaries via which the aid will be
                                                               dispatched; whereas account should also be taken to
Whereas, in order to implement Regulation (EEC)                this end of the need to ensure that the effectiveness of
No 3331/82, it is necessary to determine the total             the food-aid operations is increased;
quantities of each product to be supplied under the
food-aid programmes in compliance with the
Community's international commitments;                         Whereas, in order to ensure that the objectives of
                                                               food-aid operations are attained, it is furthermore
Whereas the Community has entered into certain                 necessary to stipulate that aid is granted only where
commitments under the Food Aid Convention;                     the recipients undertake to comply with the supply
                                                               terms laid down by the Commission;
Whereas the Community also entered into certain
commitments under a Convention concluded with the              Whereas the methods of mobilizing, transporting and
United Nations Relief and Works Agency for                     delivering the products should be specified; whereas it
Palestine Refugees (UNRWA) ( 2 );                              is also necessary to determine the procedure for
                                                               mobilizing the products outside the Community;
Whereas a list of the countries and organizations
eligible for food-aid operations should be drawn up            Whereas the Commission must be able to take all the
without prejudice to emergency operations;                     measures necessary for the proper execution of
                                                               food-aid programmes and operations; whereas, to
                                                               this end, Member States must provide the
O OJ No L 352, 14. 12. 1982, p. 1.                             Commission with all the assistance required and, in
O OJ No L 188, 16. 7. 1984, p. 17.                             particular, with all relevant information;
 ---pagebreak--- 3.10.84                                Official Journal of the European Communities                          N o C 264/9
Whereas, in certain circumstances and subject to                  — whether or not the recipient country is a land-
appropriate        conditions,     multiannual      food-aid          locked country,
programmes can make a positive contribution to the
development of the recipient country; whereas,                    — the financial situation of the recipient country,
however, it is not intended to lay down multiannual
quantities of food aid,                                           — whether the food aid is intended for the organi-
                                                                      zations    or   non-governmental      organizations
                                                                      referred to in Article 2,
HAS ADOPTED THIS REGULATION:
                                                                  — the need to mobilize the product on the market of
                                                                      a developing country,
                           Article 1
1.     The quantities of products to be made available            — the need to allocate the food-aid on an emergency
each year to certain developing countries and certain                 basis,
organizations as food aid are indicated in Annex I.
                                                                  — the need to make a given food-aid operation more
The products listed in the fourth, fifth and sixth                    effective.
indents of Annex I shall be made available to certain
developing countries or certain organizations under                                        Article 4
international commitments or in the form of specific
projects or emergency aid to be decided on by the                 Distribution costs may, in exceptional circumstances,
Commission in accordance with Article 5 or 6, as                  be met by the Community where necessary for the
applicable, of Regulation (EEC) No 3331/82.                       proper execution of the food-aid             operations
                                                                  concerned.
2.     The products to be considered for food-aid
operations under paragraph 1 are laid down in                                              Article 5
Annex II.
                                                                  1.    The Commission shall inform the recipients of
                                                                  the conditions governing the supply of food aid as
                           Article 2                              referred to in point (c) of the first paragraph of
                                                                  Article 6 of Regulation (EEC) No 3331/82.
1.     The countries and organizations eligible to
receive the aid referred to in Article 1 are listed in
Annex III.                                                        2.    Food aid shall be granted to the recipients only
                                                                  where they undertake to comply with the supply
                                                                  terms notified to them by the Commission.
2.     The aid may also be placed at the disposal of
non-governmental oganizations which must inter alia:
                                                                                           Article 6
(a) have their headquarters in a Member State of the               1.    Except in the case of emergency operations, or
     Community or, exceptionally in a third country;              where products have to be purchased in a developing
                                                                  country because they are unavailable on the
(b) have a statute that is characteristic of an organi-           Community market, tenders shall be called for within
     zation of this type;                                         the Community:
(c) have shown that they have the capacity to carry               — for the mobilization of the product on the
     out food-aid operations successfully;                            Community market and, where appropriate, for
                                                                      its purchase and manufacture on that market,
 (d) have given an undertaking to comply with the
      supply terms laid down by the Commission                    — for the transportation and delivery of the product
      pursuant to Article 6 of Regulation (EEC) No                    after mobilization.
      3331/82.
                                                                  Where, however, a food-aid operation relates only to
                                                                  relatively small amounts, paragraph 2 may also apply.
                           Article 3
Where        the    Commission       considers    that   the       2.    For emergency operations, or where products
 Community should meet transport costs for food aid                must be purchased in a developing country because'
beyond the fob stage, it shall take account of the                they are unavailable on the Community market, the
 following general criteria:                                       Commission may conclude the necessary private
                                                                   contracts or instruct the Member States and, where
— whether the recipient country is included on the                 appropriate, an authorized agent to conclude such
     list of least-developed countries,                            contracts on terms laid down by the Commission.
 ---pagebreak--- No C 264/10                             Official Journal of the European Communities                                    3.10.84
                         Article 7                                                              Article 9
1.    The Commission shall lay down rules for the                      The Commission shall take all necessary measures to
mobilization of products which must be purchased in                    ensure the proper execution of food-aid programmes
a developing country because they are unavailable on                   and operations.
the Community market.
In order to establish that they are unavailable, the                   To this end, the Member States shall provide the
Commission shall have regard to the availability of                    Commission with all the assistance required and shall,
stocks of the products in question in the Community                    in particular, provide it with all relevant information.
and to the Community market's needs as regards such
products.
                                                                                               Article 10
2.    Milk products supplied as food aid must have
been manufactured and purchased in the Community.                      The European Parliament shall be kept informed of
                                                                       the management of food aid by being notified of the
3.    The Commission shall lay down the rules                          decisions taken pursuant to Articles 7 and 8 upon
referred to in paragraph 1 in accordance with the                      their adoption.
procedure provided for in Article 8 of Regulation
(EEC) No 3331/82.
                                                                                               Article 11
                         Article 8                                     This Regulation shall enter into force on the third
The Commission shall, in accordance with the                           day following its publication in the Official Journal of
procedure provided for in Article 8 of Regulation                      the European Communities.
(EEC) N o 3331/82, establish the technical coefficient
and equivalence criterion referred to in Article 3 of                  This Regulation shall be binding in its entirety and
that Regulation.                                                       directly applicable in all Member States.
                                                             ANNEX I
                                 Quantities referred to in Article 1 (1) made available for 1985 (')
                 For cereals:
                 (a) an initial instalment of 927 663 tonnes,
                 (b) a second instalment of up to 232 337 tonnes.
                 For milk powder: a maximum of 150 000 tonnes.
                 For butteroil: a maximum of 40 000 tonnes.
                 For sugar: a maximum of 11 000 tonnes.
                 For vegetable oil (seed oil and olive oil): a maximum of 12 600 tonnes.
                 For other products, quantities equivalent to not more than 162 000 tonnes of cereals.
             (') The Commission reserves the right to change these quantities according to the outcome of the
                 budgetary procedure or in the event of increased food crises in certain regions.
 ---pagebreak--- 3. 10. 84                        Official Journal of the European Communities                                 No C 264/11
                                                      ANNEX II
                                        List of products referred to in Article 1
                 CCT heading No                                       Description
             03.02                     Fish, dried, salted or in brine; smoked fish, whether or not cooked
                                       before or during the smoking process
             04.02 A II and B I        Milk and cream, in powder or granules
          ex 04.03                     Butteroil (as defined in Annex III to Regulation (EEC) N o 1354/83)
             07.05 B                   Dried leguminous vegetables, shelled, whether or not skinned or split
                                       (other than for sowing)
             08.04 B                   Dried grapes
          ex Chapter 10                Cereals (other than for sowing)
             (ex 10.01 to 10.07)
             11.01                     Cereal flours
          ex 11.02                     Cereal groats and cereal meal; other worked cereal grains (for
                                       example, rolled, flaked, polished, pearled or kibbled but not further
                                       prepared), except rice falling within heading N o 10.06
             11.04 A                   Flour of the dried leguminous vegetables falling within heading
                                       N o 07.05
             15.07 A                   Olive oil
             15.07 D II                 Fixed vegetable oils, fluid or solid, crude, refined or purified (other
                                        than olive oil, China-wood and oitica oils, myrtle wax and Japan
                                       wax, castor oil and other oils for technical or industrial uses other
                                       than the manufacture of foodstuffs for human consumption)
              16.04 D                   Sardines
          ex 16.04 F                    Mackerel and anchovies
              17.01 A and B             Beet sugar and cane sugar, in solid form
          ex 19.03                      Macaroni, spaghetti and similar products
              19.08 B I a)              Biscuits
             21.07 G                    Food preparations not specified
 ---pagebreak--- No C 264/12                         Official Journal of the European Communities                                3.10. 84
                                                        ANNEX III
                                   Countries and organizations referred to in Article 2
                                                     1. COUNTRIES
           Angola                              Guinea Bissau                       Philippines
           Antigua and Barbuda                 Guyana                              Rwanda
           Bangladesh                          Haiti                               Saint Christopher and Nevis
           Benin                               Honduras                            St Lucia
           Bolivia                             India                               St Vincent and Grenadines
           Botswana                            Indonesia                           Sao Tome and Principe
           Burma                               Jamaica                             Senegal
           Burundi                             Jordan                              Seychelles
           Cape Verde                          Kenya                               Sierra Leone
           Central African Republic            Lebanon                             Somalia
           Chad                                Lesotho                             Sri Lanka
           China                               Madagascar                          Sudan
           Comoros                             Malawi                              Syria
           Costa Rica                          Maldives                            Swaziland
           Djibouti                            Mali                               Tanzania
           Dominican Republic                  Malta                              Thailand
           Dominica                            Mauritania                         Togo
           Ecuador                             Mauritius                          Tunisia
           Egypt                               Morocco                            Uganda
           Equatorial Guinea                   Mozambique                         Upper Volta
           Ethiopia                            Nepal                              North Yemen (Arab Republic)
           Gambia                              Nicaragua                          South Yemen (Democratic Republic)
           Ghana                               Niger                              Zaire
           Grenada                             Pakistan                           Zambia
           Guinea                              Peru                               Zimbabwe
                                                 2. ORGANIZATIONS
           ICRC                               UNHCR                               WFP
           LICROSS                            UNRWA                               UNICEF