CELEX: 51992PC0357(01)
Language: en
Date: 1992-07-23
Title: Proposal for a COUNCIL REGULATION (EEC) on urgent action for the supply of agricultural products to the victims of the conflict in former Yugoslavia

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           C0M(92) 357 final
                                            Brussels, 23 July 1992
                            Proposal for a
                       COUNCIL REGULATION (EEC)
          on urgent action for the supply of agricultural products
     to the victims of the conflict In forwer Yugoslavia
                            Proposal for a
                       COUNCIL REGULATION (FFC)
       on urgent action for the supply of foodstuffs to the
         victims of the conflict in the former Yugoslavia
                    (presented by the Commission)
 ---pagebreak---                                                                      ^
                           Explanatory Memorandum
At Its meeting of 26 and 27 June, the European Council expressed grave
concern at the Increasingly intolerable plight of hundreds of thousands of
displaced persons in what was Yugoslavia.   Although other bodies, most
notably the UNHCR, have already launched •". :-«rr**'^r.s, the European council
saw a need for substantial additional financial aid and astced the
Commission to coordinate measures   with the G—24 countries.
On 2 July the Commission responded by granting      ECU 47.5 million in
emergency aid,1 comprising ECU 10 million from heading 67-5000 of the 1992
budget and ECU 37.5 million under Operation PHARE, and proposed to the
Council that a further ECU 72.5 million be provided from the      EAGGF.  The
Community would therefore be providing ECU 120 million in emergency aid.
The Commission has asked the G—24 countries to commit an equivalent amount:
this combined effort should cover certain needs for three months.
 In the light of the above and the pressing need for food aid, the
Commission  is presenting this proposal for a Regulation to the Council for
adoption forthwith.
1   This aid Is In addition to ECU 49 million already granted under Item
    B7-5000 and PHARt-
 ---pagebreak---                          COUNCIL REGULATION (EEC) No
                                  Of
                on urgent action for the supply of agricultural products
           to the victims of the conflict In former Yugoslavia
THE COUNCIL OF THE EUROPEAN COMMUNITIES.
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on
the common organization of the market In cereals,1 and in particular
Article 7(5) and (8) thereof.
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the
common organization of the market In milk and milk products,2 and In
particular Articles 6(6) and 7(4) thereof,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the
common organization of the market in beef and veal,3 and In particular
Articles 6(5) and 7(2) thereof,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the
common organization of the market In fruit and vegetables,4 and in
particular Article 35 thereof,
 Having regard to Council Regulation (EEC) No. 1418/76 of 21 June 1976 on
 the common organization of the market in rice (5), and in particular
 Article 5 thereof.
     0J No L 281, 1.11.1975, p.1. Regulation as last amended by Regulation
     (EEC) No 3577/90 (OJ No L 353, 17.12.1990, p. 23).
     0J No L 148, 28.6.1968, p. 13. Regulation as last amended by
     Regulation (EEC) No 1630/91 (0J No L 150, 15.6.1991, p. 19).
     0J No L 148, 29.6.1968, p. 24. Regulation as last amended by
     Regulation (EEC) No 1628/91 (0J No L 150, 15.6.1991, p. 16).
     0J No L 118, 20.5.1972, p. 1. Regulation as last amended by Régulâtior
      (EEC) No 1623/91 (OJ No L 150, 15.6.1991, p. 8.
      OJ No L 166, 25.6.1976, p. 1. Regulation as last amended by Regulation
      (EEC) No 674/92 (JO L 73 of 19.3.1992, P.7)
 ---pagebreak---                                                     H
Having regard to the proposal from the Commission,
Whereas the market for certain agricultural products may feature production
situations which make it possible to dispose of such products on special
terms;
Whereas in application of the European Council's conclusions of 26 and
27 June 1992 regarding the supply of substantial additional aid to victims
of the conflict in former Yugoslavia, provision should be made for making
agricultural products available in order to improve conditions of supply to
these people; whereas, in the case of some of these products, the measures
could be adopted by the Commission, pursuant to the rules in force;
Whereas it Is for the Commission to lay down the detailed rules for the
application of this measure,
HAS ADOPTED THIS REGULATION:
                                  Article 1
An emergency measure is hereby adopted, under the conditions laid down in
 this Regulation, for free supply to the victims of the conflict in former
Yugoslavia of certain foodstuffs to be determined, available as a result of
 Intervention measures.
The expense of this measure shall be limited to ECU 35 million entered in
 the general budget of the European Communities.
 ---pagebreak---                                                                      s
                                     Article 2
   1. The products may be supplied unprocessed or in processed form.
   2. This measure may also relate to foodstuffs obtained through a commercial
      exchange of products from Intervention storage against foodstuffs
      belonging to the same group of products.
   3. The supply costs, Including transport and, where applicable, processing,
       shall be determined by invitation to tender or, on account of the
      urgency of the situation, by direct agreement procedure.
   4. The costs shall be reimbursed to the operators concerned in respect of
       the supply of products for which proof is provided that the products
       have reached the delivery stage laid down.
   5. Distribution costs shall be covered according to the usual emergency aid
       procedures.
   6. Products consigned pursuant to this Regulation shall not qualify for
       export refunds and shall not be subject to the arrangements concerning
       monetary compensatory amounts.
                                     Article 5
1.  The Commission shall be responsible for the execution of the action.
2. The detailed rules for the application of this Regulation shall be adopted
    In accordance with the procedure laid down In Article 26 of Regulation
    (EEC) No 2727/75 or, as the case may be. In the corresponding Articles In
    Regulations (EEC) No 804/68, (EEC) No 805/68 and (EEC) No 1035/",2
    and 1418/Ttf.
                                      Article 4
    The Commission shall be responsible for supervising the delivery
    operat ions.
 ---pagebreak---                                                                  G
                                 Article S
This Regulation shall enter Into force on the day of its publication in the
Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in
a I I Member States.
Done at Brussels,
 ---pagebreak---                                                                           }
                      COUNCIL   REGULATION (EEC) No
                     Of
            on urgent action for the supply of foodstuffs to the
              victims of the conflict in the former Yugoslavia.
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 43 and 235 thereof ;
Having regard to the proposal of the Commission ;
Having regard to the opinion of the European Parliament,
Whereas foodstuffs should be made available to the victims of the conflict
in  the  former  Yugoslavia   in  order  to  improve  the   food   supply,   taking
account of the diversity of local situations, without jeopardizing progress
towards a system of supply based on market rules ;
Whereas the Community has agricultural products in storage as a result of
intervention measures and, in view of the situation on the market, priority
should  be   given  in  carrying    at  this  action,   to   disposing   of   these
products ;
Whereas, furthermore, provision should be made for mobilizing agricultural
products on the Community market in response to specific requests ;
whereas regularization of the agricultural markets may also be achieved by
supplying such products in processed form ;
Whereas the action proposed      is essentially   humanitarian    in  its aim   and
should therefore be based also upon Article 235 of the Treaty ?
Whereas  the  cost  of  food  aid  operations   carried   out  in   favour  of  the
victims of the conflict     in the   former Yugoslavia    since  16 October    1991
should be, finally, charged to the appropriations of the EAGGF guarantee ;
Whereas it is necessary to verify that the agricultural products supplied
under this present measure are used as intended ;
 ---pagebreak---                                                                                  V
Whereas,  it  is   for the   Commission    to   lay   down  detailed     rules  for   the
implementation of this measure.
HAS ADOPTED THIS REGULATION:
                                     Article 1
An emergency measure is hereby adopted under the conditions laid down in
this regulation, for the free supply to the victims of the conflict in the
former Yugoslavia of certain foodstuffs to be determined,                available as a
result of intervention measures.
In  the   case   of    specific   request     for    products    not    available   from
intervention, the products may be mobilised on the Community market.
Forming part of this urgent action will be the foodstuffs purchased on the
Community market by the partners of the Commission as emergency aid since
16 October 1991.
Expenditure   on  the present    action will      be   limited  to   ECU   72.5  million
entered in the general budget of the European Communities, taking account
of the amount of ECU.vV.million provided by Regulation               (EEC) No         /92
concerning   an  urgent    action   for   the   supply    of   agricultural     products
intended for the victims of the conflict in the former Yugoslavia.
                                     Article 2
1.  The products may be supplied unprocessed or in processed form.
2.  This   measure    may   also   relate   to     foodstuffs    obtained     through   a
    commercial   exchange    of   products    from    intervention     storage   against
    foodstuffs belonging to the same group of products.
3.  The   supply     costs,   including     transport      and,    where     applicable,
    processing, shall be determined by invitation to tender or, on account
    of the urgency of the situation, by direct agreement procedure.
4.  The costs shall be reimbursed to the operators concerned in respect of
    the supply of products for which proof is provided that the products
    have reached the delivery stage laid down.
 ---pagebreak---                                                                               2
5.  The costs of distribution shall be taken in charge in accordance with
    the usual procedures for emergency aid.
6.  The products consigned pursuant to this regulation         shall not qualify
    for  export  refunds   and   shall  not   be  subject   to  the  arrangements
    concerning monetary compensatory amounts.
                                    Article 3
1.  The Commission shall be responsible for the execution of the action.
2.  The detailed   rules  for the    application  of   this  regulation  shall  be
    adopted  in accordance with the procedure       laid down   in Article 26 of
    Regulation   (EEC)   no.   2727/75   or,   as  the   case   may  be,   in  the
    corresponding articles of other regulations on common organisation of
    the market.
                                    Article 4
The Commission shall be responsible for verifying the delivery          operations
in accordance with the normal procedures for emergency aid.
                                    Article 5
The present regulation shall enter into force on the day of its publication
in the Official Journal of the European Communities.
This regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,
                                            For the Council
                                            The President
 ---pagebreak---              FINANCIAL                 STATEMENT
                                                                                            3 ( 2 n^
                                                                             Oat* :
1. BUOGET HEAOING :      B1-189                                              APPROeiATiws :      220 Mio      ECU
2. TITLE    Proposed regulations concerning an e m e r g e n c y food a i d t o v i c t i m s of t h e
            conflict in ex-Yugoslavia : a ) for t h e supply of foodstuff
                                                     b ) for t h e supply of a g r i c u l t u r a l p r o d u c t s
3. LEGAL BASIS  d e c i s i o n of t h e Council on e m e r g e n c y food aid
A. AIMS OF PROJECT :  Relief for the p o p u l a t i o n victim of t h e c o n t i n u i n g conflict
5. FINANCIAL IMPLICATIONS                  PERIOD OF 12 MONTHS CURRENT FINANCIAL YEAR  FOLLOWING FINANCIAL YEAR
5.0 EXPENDITURE                              (Mio ECU)                 i_92     ?Mio fcC-U * — 9 ^       *—PH^-ECU
    - CHARGED TO THE EC BUDGET
      (REFUNDS/INTERVENTIONS)                   72,5                      72,5
    - NATIONAL ADMINISTRATION
    - OTHER
5.1 RECEIPTS
    - OWN RESOURCES OF THE EC
      (LEVIES/CUSTOMS DUTIES)
    - NATIONAL
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (92) 357 final
                                                      DOCUMENTS
EN                                                                          l i 03
                                 Catalogue number : CB-CO-92-370-EN-C
                                                             ISBN 92-77-47043-7
Office for Official Publications of the European Communities
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