CELEX: 51990PC0670(01)
Language: en
Date: 1990-12-18
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) INTRODUCING A COMMUNITY GUARANTEE FOR EXPORTS OF FOODSTUFFS FROM THE EUROPEAN COMMUNITY TO THE UNION OF SOVIET SOCIALIST REPUBLICS

30. 1.91                             Official Journal of the European Communities                                 No C 22/9
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Regulation (EEC) introducing a Community guarantee for exports of
                  foodstuffs from the European Community to the Union of Soviet Socialist Republics
                                                     COM(90) 670 final
                                    (Submitted by the Commission on 19 December 1990)
                                                        (91/C 22/09)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         purchase and importation of agricultural and food
                                                                  products, in accordance with an agreement to be
 Having regard to the Treaty establishing the European            concluded between the Commission of the European
 Economic Community, and in particular Articles 113 and           Communities and the Government of the USSR. This
 235 thereof,                                                     agreement shall inter alia contain a list of the products to
                                                                  be purchased, the terms of purchase and importation,
 Having regard to the proposal from the Commission,               and provisions governing the said loans.
 Having regard     to  the    opinion   of   the  European
 Parliament,
                                                                                           Article 3
"Whereas the Union of Soviet Socialist Republics has              The total credit for which the repayments are covered by
 asked the Community to supply it with agricultural and           the guarantee may not exceed ECU 500 million with a
 food products; whereas, in order to facilitate the export        minimum maturity of four years.
 of these products to the USSR, the Community should
provide a loan guarantee facility;
                                                                  Reimbursement of the loan capital shall be in equal
Whereas provision should be made for the said                     instalments from the end of the third year at the earliest.
 Community guarantee to be provided at the request of
the USSR for food exports in conjunction with contracts
between the USSR and Community exporters;
                                                                                           Article 4
Whereas provision should also be made that the
                                                                 The Commission and the pool of commercial banks shall
guarantee be extended solely for the purchase of agri-
                                                                 draw up the conditions on which the Community
cultural and food products originating in the                    guarantee is to be extended. The guarantee shall be
Community,                                                       extended only where the trade contracts financed with
                                                                 the credit backed by the guarantee are intended solely to
HAS ADOPTED THIS REGULATION:                                      cover the purchase of agricultural and food products
                                                                  originating in the Community and where there is free
                                                                  competition to supply these products.
                         Article 1
A medium-term credit guarantee scheme — hereinafter
called 'the guarantee' — is hereby instituted to enable
                                                                                           Article 5
the Union of Soviet Socialist Republics to import agri-
cultural and agri-food products from the European                The Commission shall lay down, as required, the
Community on the terms and conditions set out in this            detailed rules for the implementation of this Regulation
Regulation.                                                      in accordance with the following procedure.
                         Article 2
                                                                 Where recourse is to be made to the procedure set out in
The Community guarantee shall cover, in the event of             this Article, the Commission shall be assisted by a
default, the repayment of the principal and interest on          committee of an advisory nature composed of represen-
loans in ecus granted to the USSR by a pool of                   tatives of the Member States and chaired by the
commercial banks established in the Community for the            representative of the Commission.
 ---pagebreak--- No C 22/10                            Official Journal of the European Communities                                 30. 1. 91
The representative of the Commission shall submit to the        committee of the manner in which its opinion has been
committee a draft of the measures to be taken. The              taken into account.
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, if necessary by taking a
                                                                                          Article 6
vote.
                                                                This Regulation shall enter into force on the day
The opinion shall be recorded in the minutes; in                following its publication in the Official Journal of the
addition, each Member State shall have the right to ask          European Communities.
to have its position recorded in the minutes.
The Commission shall take the utmost account of the             This Regulation shall be binding in its entirety and
opinion delivered by the committee. It shall inform the         directly applicable in all Member States.
             Proposal for a Council Regulation (EEC) on urgent action to supply agricultural products to
                             the Union of Soviet Socialist Republics, Romania and Bulgaria
                                                    COM(90) 670 final
                                   (Submitted by the Commission on 19 December 1990)
                                                       (91/C 22/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                     Article 1
Economic Community, and in particular Articles 43 and
235 thereof,                                                    The Community shall take urgent action to supply the
                                                                USSR, Romania and Bulgaria with agricultural products.
                                                                Expenditure on this scheme shall be limited to ECU(B)
Having regard to the proposal from the Commission,               350 million of the budget, namely ECU 250 million for
                                                                the USSR, ECU 100 million for Romania and for
                                                                 Bulgaria.
Having regard      to  the   opinion   of   the   European
Parliament,
                                                                                          Article 2
Whereas agricultural products should be made available           For the purposes of this scheme:
to the USSR, Romania and Bulgaria to improve the food
supply to the population; whereas the Community has
                                                                 1. the Community shall transfer agricultural products
agricultural products in storage as a result of inter-
                                                                    available as a result of intervention free of charge to
vention measures and, in view of the situation on the
                                                                    the USSR, Romania and Bulgaria; in response to
market, priority should be given to supplying these
                                                                    specific requests, products may be mobilized on the
products; whereas, however, provision should be made
                                                                    Community market;
for mobilizing products on the Community market in
response to specific requests; whereas regularization of
the agricultural markets may also be achieved by                 2. supply costs shall be met by the Community and
supplying such products in processed form;                          suppliers shall be chosen by tendering procedure.
                                                                    Transport costs shall be borne by the Community
                                                                    unless the recipient country takes the products over in
Whereas the action proposed is essentially humanitarian             the Community. These costs may include processing
in its aim and should therefore also be based upon                  of products mobilized as provided for in paragraph 1;
Article 235 of the Treaty;
                                                                 3. as an exception, and for reasons arising only from the
Whereas it is for the Commission to set detailed rules for          urgency of the scheme, the Commission may choose
this scheme,                                                        the supplier by direct agreement;