CELEX: 51984PC0026
Language: en
Date: 1984-01-30
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

N o C 55/6                           Official Journal of the European Communities                              28.2.84
                                                            II
                                                    (Preparatory Acts)
                                               COMMISSION
               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) 26 final
                           (Submitted by the Commission to the Council on 1 February 1984)
                                                      (84/C 55/07)
THE COUNCIL OF THE EUROPEAN                                     Whereas the basic and derived products which may
COMMUNITIES,                                                    be supplied under food-aid operations should be
                                                                determined by taking account, in particular, of the
Having regard to the Treaty            establishing    the      available stocks of the products in question;
European Economic Community,
                                                                Whereas general criteria should be established for the
Having regard to Council Regulation (EEC) No                    transport of food aid beyond the fob stage, taking
3331/82 of 3 December 1982 on food-aid policy and               into account the financial and geographical situation
food-aid management and amending Regulation                     of the countries concerned and the channels and
(EEC) No 2750/75 ('), and in particular to the first,           intermediaries via which the aid will be dispatched;
fourth, fifth, sixth and seventh indents of Article 4(1)        whereas account should also be taken to this end of
and to Article 4 (2) thereof,                                   the need to increase the effectiveness of the food-aid
                                                                operations concerned;
Having regard to the proposal from the Commission,
                                                                Whereas, in order to ensure that the objectives of
Having regard to the opinion of the             European        food-aid operations are attained, it is also necessary
Parliament,                                                     to stipulate that aid is granted only where the
                                                                recipients undertake to comply with the supply terms
                                                                laid down by the Commission;
"Whereas, in order to implement Council Regulation
(EEC) No 3331/82, it is necessary to determine the
total quantities of each product to be supplied under           Whereas the methods of procuring, transporting and
the food-aid programmes in compliance with the                  delivering the products should be specified; whereas
Community's international commitments;                          it is also necessary to determine the procedure for
                                                                procuring products outside the Community;
Whereas the Community has made                     certain
                                                                Whereas the Commission must be able to take all the
commitments under the Food Aid Convention;
                                                                measures necessary for the proper execution of
                                                                food-aid programmes and operations; whereas, to
Whereas the Community has also made certain                     this end, Member States must provide the
commitments under the Convention concluded with                 Commission with all the assistance required and, in
UNRWA;                                                          particular, with the necessary information;
Whereas a list of the countries and organizations               Whereas, in certain circumstances and subject to
eligible for food-aid operations should be drawn up             appropriate     conditions,    multiannual    food-aid
without prejudice to emergency operations;                      programmes can make a positive contribution to the
                                                                development of the recipient country;
Whereas provision should be made for the possibility
of making food aid available to non-governmental                Whereas multiannual programmes will be drawn up
organizations (NGOs); whereas the latter must meet              following dialogue with the recipient country;
certain conditions guaranteeing the successful execu-
tion of food-aid operations;                                    Whereas such programmes will be of limited
                                                                duration, and purely indicative, and the amount of
                                                                aid to be supplied will be decided each year by the
O OJ No L 352, 14. 12. 1982, p. 1.                              competent Community body;
 ---pagebreak---   28. 2. 84                           Official Journal of the European Communities                            No C 55/7
 Whereas these commitments can therefore be                      — whether the recipient country is a land-locked
 included in the quantities annually made available to               country,
 certain developing countries and specialized organi-
 zations,                                                        — the financial situation of the recipient country,
                                                                 — whether the food aid is intended for the
 HAS ADOPTED THIS REGULATION:
                                                                     specialized organizations or NGOs referred to in
                                                                     Article 2,
                           Article 1
                                                                 — the need to procure the product on the market of
 1.     The quantities of products to be made available              a developing country,
 to certain developing countries and certain organi-
 zations as food aid are indicated in Annex 1.                   — the need to provide the food aid on an emergency
                                                                     basis,
The products listed in the fourth, fifth and sixth
 indents of Annex 1 shall be made available to certain           — the need to make a given food-aid operation more
 developing countries or certain organizations in the                effective.
 form of specific projects or emergency aid to be
decided on by the Commission in accordance with
Article 5 or 6, as applicable, of Regulation (EEC) No                                   Article 4
 3331/82.                                                        Distribution costs may be met by the Community
                                                                where necessary for the proper execution of the
2.      The products to be considered for food-aid               food-aid operations concerned.
operations under paragraph 1 are. indicated in
Annex 2.
                                                                                        Article 5
                                                                 1.    The Commission shall inform the recipients of
                           Article 2                            the conditions governing the supply of food aid as
 1.     The countries and organizations eligible to             referred to in point (c) of the first paragraph of
receive the aid referred to in Article 1 are listed in          Article 6 of Regulation (EEC) No 3331/82.
Annex 3.
                                                                2.     Food aid shall be granted to the recipients only
                                                                where they undertake to comply with the conditions
2.      The aid may also be placed at the disposal of
                                                                of supply notified to them by the Commission.
non-governmental organizations (NGOs) which inter
alia meet the following criteria:
                                                                                        Article 6
(a) have their headquarters in a Member State or,
      exceptionally, in a third country;                         1.    Except in the case of emergency operations or
                                                                where products have to be purchased in a developing
                                                                country because they are unavailable on the Com-
(b) have a statute that is characteristic of an organi-
                                                                munity market, tenders shall be called for within the
      zation of this type;
                                                                Community:
(c) have shown that they have the capacity to carry-            — for the procurement 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
      conditions of supply laid down by the                     — for the transportation and delivery of the product
      Commission pursuant to Article 6 of Regulation                procured.
      (EEC) No 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 Commu-                  2.     For emergency operations or where products
nity should meet transport costs for food aid beyond            must be purchased in a developing country because
the fob stage, it shall take account of the following           they are unavailable on the Community market, the
general criteria:                                               Commission may conclude the necessary private
                                                                contracts or delegate 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 55/8                             Official Journal of the European Communities                                   28.2.84
                         Article 7                                                            Article 9
 1.   The Commission shall lay down rules for the                    The Commission shall take all necessary measures to
procurement 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 the information
and the Community market's needs as regards such                     necessary.
products.
2.    Milk products supplied as food aid must have                                           Article 10
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 referred to in Articles 7 and 8 upon their
referred to in paragraph 1 in accordance with the                    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) No 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 1
             Quantities referred to in Article 1 (1), made available for the year 1984:
             — for cereals:
                (a) an initial instalment of 927 663 tonnes,
                (b) a second instalment of up to 200 000 tonnes;
             — for skimmed-milk powder: a maximum of 122 500 tonnes;
             — for butteroil: a maximum of 32 760 tonnes;
             — for sugar: a maximum of 13 500 tonnes;
             — for vegetable oil/olive oil: a maximum of 20 000 tonnes;
             — for other products (fish, dried vegetables, vegetable flour, etc.): the equivalent of a maximum of
                 147 000 tonnes of cereals.
 ---pagebreak--- 28. 2. 84                        Official Journal of the European Communities                                  N o C 55/9
                                                      ANNEX 2
                                        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) No 1354/83)
             07.05 B                   Dried leguminous vegetables, shelled, whether or not skinned or split
                                       (other than for sowing)
          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 or the dried leguminous vegetables falling within heading
                                       No 07.05
             15.07 A                   Olive oil
             15.07 D I 1               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                   Anchovies
             17.01 A and B             Beet sugar and cane sugar, in solid form
          ex 19.03                     Macaroni, spaghetti and similar products
 ---pagebreak--- N o C 55/10                   Official Journal of the European Communities           28. 2. 84
                                                  ANNEX 3
                               Countries and organizations referred to in Article 2
1. Countries
   Angola                   Guyana                    Rwanda
   Antigua and Barbuda      Haiti                     St. Kitts-Nevis
   Bangladesh               Honduras                  St. Lucia
   Benin                    India                     St. Vincent and the Grenadines
   Bolivia                  Indonesia                 Sao Tome and Principe
   Botswana                 Jamaica                   Senegal
   Burundi                  Jordan                    Seychelles
   Cape Verde               Kenya                     Sierra Leone
   Central African Republic Lebanon                   Somalia
   Chad                     Lesotho                   Sri Lanka
   China                    Madagascar                Sudan
   Comoros                  Malawi                    Swaziland
   Costa Rica               Maldives                  Syria
   Djibouti                 Mali                      Tanzania
   Dominica                 Malta                     Thailand
   Dominican Republic       Mauritania                Togo
   Ecuador                  Mauritius                 Tunisia
   Egypt                    Morocco                   Uganda
   Equatorial Guinea        Mozambique                Upper Volta
   Ethiopia                 Nepal                     North Yemen
   Gambia                   Nicaragua                  South Yemen
   Ghana                    Niger                      Zaire
   Grenada                  Pakistan                   Zambia
   Guinea (Conakry)         Peru                      Zimbabwe
   Guinea Bissau            Philippines
2. Organizations
   ICRC
   Licross
   UNHCR
   Unicef
   UNRWA
   WFP