CELEX: 51985PC0482
Language: en
Date: 1985-09-17
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

2.10.85                                  Official Journal of the European Communities                              N o C 250/7
Officials of the European Coal and Steel Community, an                                         Article 5
official affected by the measure provided for in Article 1          This Regulation shall enter into force on the day
shall be treated as an official who has remained in                 following its publication in the Official Journal of the
service until the age of 65 provided he continues to pay            European Communities.
the contribution during the period of receipt of the
allowance referred to in paragraph 1 of this Article.               This Regulation shall be binding in its entirety and
                                                                    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(85) 482 final
                              (Submitted by the Commission to the Council on 18 September 1985)
                                                          (85/C 250/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the basic and derived products which may be
                                                                    supplied under food-aid operations should be determined
Having regard to the Treaty establishing the European               by taking account, in particular, of the available stocks
Economic Community,                                                 of the products in question;
Having regard to Council Regulation (EEC) No 3331/
82 (*), and in particular to the first, fourth, fifth, sixth        Whereas general criteria should also be established for
and seventh indents of Article 4 (1) and to Article 4 (2)           the transport of food aid beyond the fob stage, taking
thereof,                                                             into account the financial and geographical situation of
                                                                    the countries concerned and the channels and inter-
Having regard to the proposal from the Commission,                   mediaries via which the aid will be dispatched; whereas
                                                                     account should also be taken to this end of the need to
Having regard to the opinion of the European Par-                    ensure that the effectiveness of the food-aid operations is
 liament,                                                            increased;
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 the                 Whereas, in order to ensure that the objectives of
 food-aid     programmes       in compliance       with    the       food-aid operations are attained, it is furthermore
 Community's international commitments;                              necessary to stipulate that aid is granted only where the
                                                                     recipients undertake to comply with the supply terms laid
                                                                     down by the Commission;
Whereas the Community has entered into                 certain
 commitments under the Food Aid Convention;
 Whereas the Community also intends entering into                    Whereas the methods of mobilizing, transporting and
 certain commitments under a Convention to be                        delivering the products should be specified; whereas it is
 concluded whith the United Nations Relief and Works                 also necessary to determine the procedure for mobilizing
 Agency for Palestine Refugees in the Near East                      the products outside the Community;
 (UNRWA) O ;
 Whereas a list of the countries and organizations eligible          Whereas the Commission must be able to take all the
 for food-aid operations should be drawn up without                  measures necessary for the proper execution of food-aid
 prejudice to emergency operations;                                  programmes and operations; whereas, to this end,
                                                                     Member States must provide the Commission with all the
 Whereas provisions should be made for the possibility of             assistance required and, in particular, with all relevant
 making food available to non-governmental organi-                    information;
 zations; whereas the latter must meet certain conditions
 guaranteeing the successful execution of food-aid
 operations;
                                                                     Whereas, in circumstances and subject to appropriate
                                                                      conditions, multiannual food-aid programmes can make
                                                                      a positive contribution to the development of the
 0) OJ No L 352, 14. 12. 1982, p. 1.                                  recipient country; whereas, howewer, it is not intended
 (2) OJ No L 188, 16. 7. 1984, p. 18.                                 to lay down multiannual quantities of food aid,
 ---pagebreak--- N o C 250/8                              Official Journal of the    >ean Communities                              2.10. 85
HAS ADOPTED THIS REGULATION:                                     — the need to make a given food-aid operation more
                                                                      effective.
                           Article 1
1.    The quantities of products to be made available                                     Article 4
each year to certain developing countries and certain            Distribution costs may, in exceptional circumstances, be
organizations as food aid are indicated in Annex I.              met by the Community, where necessary, for the proper
The products listed in the fourth, fifth and sixth indents       execution of the food-aid operations concerned.
of Annex I shall be made available to certain developing
countries or certain organizations under international                                    Article 5
commitments or in the form of specific projects or
emergency aid to be decided on by the Commission in              1.     The Commission shall inform the recipients of the
accordance with Article 5 or 6, as applicable, of Regu-          conditions governing the supply of food aid as referred
lation (EEC) N o 3331/82.                                        to in point (c) of the first paragraph of Article 6 of
                                                                 Regulation (EEC) N o 3331/82.
2.    The products to be considered for food-aid
operations under paragraph 1 are laid down in Annex II.          2.     Food aid shall be granted to the recipients only
                                                                 where they undertake to comply with the conditions of
                           Article 2                             supply notified to them by the Commission.
1.    The countries and organizations eligible to receive
the aid referred to in Article 1 are listed in Annex HI.                                  Article 6
                                                                 1.     Except in the case of emergency operations or
2.    The aid may also be placed at the disposal of non-
                                                                 where products have to be purchased in a developing
governmental organizations which meet inter alia the             country because they are unavailable on the Community
following criteria:                                              market, tenders shall be called for within the
(a) have their headquarters in a Member State of the             Community:
     Community or, exceptionally, in a third country;
                                                                 — for the mobilization of the product on the
(b) have a statute that is characteristic of an organ-                Community market and, where appropriate, for its
     ization of this type;                                            purchase and manufacture on that market,
(c) have shown that they have the capacity to carry out          — for the transportation and delivery of the product
     food-aid operations successfully;                                after mobilization.
(d) have given an undertaking to comply with the
     conditions of supply laid down by the Commission            Where, however, a food-aid operation relates only to
     pursuant to Article 6 of Regulation (EEC) No                relatively small amounts, paragraph 2 may also apply.
     3331/82.
                                                                 2.     For emergency operations or where products must
                           Article 3                             be purchased in a developing country because they are
                                                                 unavailable on the Community market, the Commission
Where the Commission considers that the Community                may conclude the necessary private contracts or instruct
should meet transport costs for food aid beyond the fob          the Member States and, where appropriate, an auth-
stage, it shall take account of the following general            orized agent to conclude such contracts on terms laid
criteria:                                                        down by the Commission.
— whether the recipient country is included on the list
    of least-developed countries,                                                         Article 7
— whether or not the recipient country is a landlocked           1.     The Commission shall lay down rules for the
    country,                                                     mobilization of products which must be purchased in a
                                                                 developing country because they are unavailable on the
— the financial situation of the recipient country,              Community market.
— whether the food aid is intended for the organ-                In order to establish that they are unavailable, the
    izations or non-governmental organizations referred          Commission shall have regard to the availability of
    to in Article 2,                                             stocks of the products in question in the Community and
                                                                 to the Community market's needs as regards such
— the need to mobilize the product on the market of a            products.
    developing country,
— the need to allocate the food aid on an emergency              2.     Milk products supplied as food aid must have been
    basis,                                                       manufactured and purchased in the Community.
 ---pagebreak--- 2.10.85                                      Official Journal of the European Communities                                               N o C 250/9
3.    The Commission shall lay down the rules referred                        T o this end, the Member States shall provide the
to in paragraph 1, in accordance with the procedure                           Commission with all the assistance required and shall, in
provided for in Article 8 of Regulation (EEC) N o                             particular, provide it with all relevant information.
3331/82.
                                                                                                             Article 10
                           Article 8                                          The European Parliament shall be kept informed of the
The Commission shall, in accordance with the procedure                        management of food aid by being notified of the
provided for in Article 8 of Regulation (EEC) N o                             Decisions referred to in Articles 7 and 8 upon their
3331/82, establish the technical coefficient and equiv-                       adoption.
alence criterion referred to in Article 3 of that Regu-
lation.                                                                                                      Article 11
                                                                              This Regulation shall enter into force on the third day
                            Article 9                                         following its publication in the Official Journal of the
The Commission shall take all necessary measures to                           European Communities.
ensure the proper execution of food-aid programmes and                        This Regulation shall be binding in its entirety and
operations.                                                                   directly applicable in all Member States.
                                                                    ANNEX I
                                The quantities referred to in Article 1 (1) to be made available annually (')
             — Cereals:
                 (a) an initial instalment of 927 700 tonnes,
                 (b) a second instalment of up to 232 300 tonnes;
             — Milk powder: a maximum of 120 000 tonnes;
             — Butteroil: a maximum of 35 000 tonnes;
             — Sugar: a maximum of 11 000 tonnes;
             — Vegetable oil (seed oil and olive oil): a maximum of 20 000 tonnes;
             — other products: quantities totalling not more than 149 800 tonnes cereal equivalent;
             — food aid in the form of the above products totalling not more than 500 000 tonnes of cereal equivalent
                 to be kept in reserve for food emergencies.
             (') The Commission reserves the right to amend its proposal as regards these quantities in the light of the outcome of the
                 budgetary procedure and, if necessary, of the outcome of the negotiations for the Food Aid Convention.
 ---pagebreak--- No C 250/10                        Official Journal of the European Communities                                     2.10.85
                                                        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 No 10.06
               11.04 A               Flour of the dried leguminous vegetables falling within heading No 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
               19.02                  Food preparations of flour, meal, etc.
            ex 19.03                  Macaroni, spaghetti and similar products
               19.08 B                Biscuits
               21.07 G                Food preparations not specified
 ---pagebreak--- 2.10.85                          Official Journal of the European Communities                                N o C 250/11
                                                      ANNEX III
                                 Countries and organizations referred to in Article 2
                                                   1. COUNTRIES
        Angola                           Guinea (Conakry)                    Peru
        Antigua and Barbuda              Guinea Bissau                       Philippines
        Bangladesh                       Guyana                              Rwanda
        Benin                            Haiti                               St Kitts-Nevis
        Bolivia                          Honduras                            St Lucia
        Botswana                         India                               St Vincent and Grenadines
        Burundi                          Indonesia                           Sao Tome and Principe
        Cape Verde                      Jamaica                              Senegal
        Central African Republic        Jordan                               Seychelles
        Chad                             Kenya                               Sierra Leone
        China                            Lebanon                             Somalia
        Comoros                          Lesotho                             Sri Lanka
        Costa Rica                       Madagascar                          Sudan
        Djibouti                         Malawi                              Syria
        Dominican Republic               Maldives                            Swaziland
        Dominica                         Mali                                Tanzania
        Ecuador                          Malta                               Thailand
        Egypt                            Mauritania                          Togo
        El Salvador                      Mauritius                           Tunisia
                                                                             Uganda
        Equatorial Guinea                Morocco
                                                                             Upper Volta
        Ethiopia                         Mozambique
                                                                             North Yemen (Arab Republic)
        Gambia                           Nepal
                                                                             South Yemen (Democratic Republic)
        Ghana                            Nicaragua                           Zaire
        Grenada                          Niger                               Zambia
        Guatemala                        Pakistan                            Zimbabwe
                                               2. ORGANIZATIONS
        ICRC                             UNHCR                               WFP
        LICROSS                          UNRWA                               UNICEF